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HomeMy WebLinkAbout06135 - JAM FIRE PROTECTION INC TO INSTALL NEW HALON SYSTEM AT PD SERVER ROOM Kathie Hart From: Dennis Graham Sent: Wednesday, May 01, 2013 10:40 AM To: Kathie art Subject: RE: 613 JAM Fire Protection (Installation of New Halon System at the Police Department Compu er Server Room) "1-- According to Dora Melanson, yes. \O• � (� � Dennis ` � <2�• From: Kathie Hart Sent: Wednesday, May 01, 2013 10:19 AM To: Dennis Graham Cc: Renee Montante Subject: A6135 -JAM Fire Protection (Installation of New Halon System at the Police Department Computer Server Room) Has this been completed? May I close this agreement file? Thx! Kathie Hart, CMG` Chief Deputy City Clerk City of Palm Springs IF(760)323-8206 3200 E. Tahquitz Canyon Way A(760)322-8332 Palm Springs, CA 92062 ZOKathieHart@PalmSpringsCAyov Please note that City Nall is open 8 a.m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time. 1 AGREEMENT THIS AGREEMENT made this -&— day of tWAMklr in the year 2011, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and JAM Fire Protection, Inc., hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: INSTALL NEW HALON SYSTEM AT PALM SPRINGS PD SERVER ROOM The Work is generally described as follows: Installation of a new fire suppression Halon System in computer server room at the Palm Springs Police Department at 200 South Civic Drive in Palm Springs, California. ARTICLE 2 --COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of$0.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 --CONTRACT PRICE ($16,975.00) The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ORIGINAL BID ANT/OR AGREEMENT I ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions (Exhibit"A"), the Drawings, Addenda numbers 1 to 3 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 --NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7—MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. 2 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By< City Clerk City Manager Date k VLjMW f APPROVED AS TO FORM: APPROVED BY CITY MANAGER By City Attorney Date Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name 1 FRfzP&T+s4A-tar-Check one:_Individual_Partnership Corporation Address: 1 '00-0 h ✓6,42Tl-c Ac% ^tcilQ9VtAc _ CA 21IBkL By: 1= By: 111/GL 2===, Signature otarized) Sig attuurre ('nlot/arizzed,), Name: Aft-""=0 Name: rnl 1/LLI� "e—' Title: allQ 01--f—% Title: t a (This Agreement must be signed in the above This Agreement must 6e signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of 1.aJI TG V t1 log- State of Ok h iYn o" County of (AS 1`17�S ss County of t 06 ss 3 z On On before me, r ]M-1r1 before me, personally appeared / personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: USA C.BRENNAN LISA C.BRENNAN Commission f 1791736 Commission N 1791736 Notary Pubk-CditWa Z Notary Public-California Loy Angdyy COWdy ' Z Los Angdes County My Comm.Extras Mar 18.2012+ My Comm.Extras Mat 18,2012+ 4 f WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am 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 said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contract Z41A ��— By Title 5 EXHIBIT "A" SPECIAL PROVISIONS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. Bid Bond: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value of lump sum total). Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish the required proof of insurance, bonds and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements. Performance Bond and Insurance: The successful Bidder shall furnish within 14 calendar days after Notice of Award, a Performance Bond in the sum of the amount of the Agreement. The successful Bidder shall maintain the validity and enforcement of said bond for the duration of the Contract. Also, the successful Bidder shall furnish within 14 calendar days after Notice of Award certificates of Insurance as per the instructions contained herein. Payment Bond: Concurrently with execution of Agreement, Contractor shall deliver to Agency a payment bond (Material and Labor Bond) in the sum of the amount of Agreement, in the form provided by the City Clerk, to satisfy claims of material suppliers and mechanics and laborers employed by Contractor on the work. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be certified and current copy of his power of attorney. The bond shall be unconditional and remain in force until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. All work shall be performed in accordance with the "Greenbook" Standard Specifications for Public Works Construction, 2006 edition. 6 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNEWAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS(xtODO) TYPEOFINSURANCE POLICY NUMBER EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including: $ $ ❑ EXPLOSONMIDCOUAPSE BODILY INJURY $ $ ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE ❑ PRODUCTMOMPLETED OPERATIONS or ❑ CONIRACTUPo.INSURANCE ❑ BROAD FORM PgOPERfYDAMAGE SONLYIWURYAND $ $ PROPERTY ❑ INDEPENDENT CCNTRACTORS DAMAGECOMBINED ❑ PERSONA-INJURY PERSONAL INJURY $ COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including: EACH ACCIDENT ❑ GWNEO PROPERTY DAMAGE $ ❑ HIRED ❑ NONONMED BODILYrNJURY ❑ MOTORCARRIERACT MID PROPERTY $ OVAUGEOCRANNED EXCESS LIABILITY BODILY INJURY Including: AND PROPERTY ❑ DAMAGE COMBINED $EMPLOYERS LIABILITY WORKERS COMPENSATION STATUTORY and EMPLOYERS LURBEITY Including: EL $ (EACH ❑ LONGSHwORIIENSAND ACCIDENT) HARBOR WORKER$ OTHER ADDITIONAL INSURED ENDORSEMENT-CITY OF PALM SPRINGS The undersigned cues that he or she is Me representative of Me abovenamed insurance companies,that he or she has Me authority to execute Brad issue this certiBo ne to CeNficate Holder,end accordingly,does hereby c ertily On behalf of mid insurance companies Mat policies of Insurance listed above have been issued to Me insured named Scone,and are in force at this time. NotwiMstending any requirement,term,or concii ion of any contract or other document with respect to wfikh this certificate may be issued or may pertain,the inurance afforded by Me policies described herein is subject Id at Me terns,exclusions,and CordNCns Of such policies. Copies Of Me Policies shown will be fumished to Me Certificate Holder upon request. This CeAflrate does not amend,eRSend,a alter Me coverage afforded by Me policies listed. Cancellation:Should any of the above desCAbed policies W eaRcelled before Me emtratim data Mereof.the issuing company will mail 30 days sman notice W Me belcw.nemed CeNficate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY 7 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS Instructions to ContractorslVendors/Service Providers: Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below: A. Minimum Scooe of Insurance Required 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises. 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and can not be waived. 3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract. Contractors with no employees must complete a Request for Waiver of Workers' Compensation Insurance Requirement form. 4. Errors and Omissions coverage is required for licensed or other professional contractors doing design, architectural, engineering or other services that warrant such insurance. B. Minimum Limits of Insurance Coverage Required Under$25,000 Limits TBD by Risk Manager Over$25,000 to $5,000,000 $1 Million per Occurrence/$2 Million Aggregate Over$5 Million Limits TBD by Risk Manager Umbrella excess liability may be used to reach the limits stated above. C. The following general requirements apply: 1. Insurance carrier must be authorized to do business in the State of California. 2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best Company. 3. Coverage must include personal injury, protective and employer liability. 4. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. 5. Contractor's general liability and automobile insurance coverage must be primary and non- contributory over any insurance the City may maintain, that is, any such City insurance shall be excess to limits stated in the certificate. D. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement (see attached) with the following endorsements stated on the certificate: 8 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured' ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have" ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See Example A below. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See Example B below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Industry Certificates of Insurance: • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss- payee status, when appropriate, for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval 9 F. Endorsement Language for Insurance Certificates SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE Example A: CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT j FAA-UDR TO AAAII SUCH NOT'Cr= SHA1 1 1MP0SC NO (1Q1 I(_ATI/IAI /'1D 1 IAQII ITV OF ANY KIND UPON THE INSURER, ITS AGENTS OR DCDOCQCI.ITATIVCC "The broker/agent can include a qualfer stating "10 days notice for nonpayment of premium." "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY Example B: WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO." G. Alternative Programs/Self-Insurance. Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. THIS SPACE INTENTIONALLY LEFT BLANK 10 BID SCHEDULE(IFB 11-04) -REVISED- Lump Sum Price for Construction of NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM At Palm Springs Police Department All materials, equipment and labor necessary to design, fabricate and install a new turnkey FM-200 Fire Protection Suppression Halon System that includes: Item ON Scope of work as per attached specifications 1. 1 Control Unit with Batteries 2. 2 Discharge Strobes 3. 1 Photoelectric Detector with Base 4. 1 Ionization Detector with Base 5. 2 Multi-tone Horn/ Strobe at Computer & Dispatch Rooms with strobe Only (no Multi-tone Horn in Dispatch Room) 6. 1 Manual Pull Station at Computer&Diepatsh Reem (Dispatch Removed) 7. 1 Abort Station at Computer-& Bisyateh RoGm(Dispatch Removed) 8. 1 Key Disconnect/Maintenance Switch 9. 1 Agent Storage Container w/Electric Control Head 10. 1 Discharge Nozzle j 11. 78 Pounds of FM-200 12. moved to City's duties) 13. 2 Initial Room Pressurization Fan Test and Final Acceptance Test for local Fire Dept 14. LOT Engineering, Permits and One(1)Year Warranty Note: Quantities are estimated only; contractor shall confirm its own quantities from the plans and bid specifications appropriately. No additional payment will be authorized in the event estimated quantities differ from that required by the plans. This is a lump sum project. TOTAL BID PRICE p For the lump sum of$ t``D ` 1 (Price in figures) S R� ,? XNRT , Ssy/s` m RvF Delip+�S (Price in words) Note: Additional Room Pressurization Fan Test procedures are not included in this scope of work. If any additional tests are required beyond this included in the scope of work, written authorization by the City to perform additional tests must be approved by the City's contract administrator before they are scheduled. The unit cost for additional tests is: $ O 0 0 # 0 0 Per Test (Signatures): Name of firm submitting bid A i r ection, Inc. Authorized signature 11 Title Printed name Michael D. Deushane Secretary/Chief Financial Officer Address 1930 S. Myrtle Avenue City, State, Zip Monrovia, CA 91016 Telephone No: 626-256-4400 Fax No: 626-256-4401 E-mail mike.deushane@jamfire.com ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your Bid. Failure to acknowledge the Addenda issued may result in your Bid being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addendum: Addendum(s)# t, 2, and 3 is/are hereby acknowledged. i 1 12 , ry , REFERENCES The City is seeking a contractor who has the experience and capability to install a new fire suppression Halon System in computer server room at the Palm Springs Police Department as per the specifications contained herein. A minimum of three (3) references shall be submitted below with the bid, including contact name and phone number, for projects of a similar scope to this Invitation for Bids. 1) Name of firm or agency: Eastern Municipal Water District Contact Person: Tom Aceves Phone# 951-9283777 Brief description of project: Installed Clean Agent fire suppression system protecting Server Room. 2) Name of firm or agency: University of California Los Angeles Contact Person: Richard Lee Phone# 310-206-6116 Brief description of project: Installed Clean Agent fire suppression systems protecting various CTS sites on campus. 3) Name of firm or agency: Cal State Long Beach Contact Person: Zeke Bonilla Phone# 562-985-7779 Brief description of project: Installed Clean Agent fire suppression system protecting Server Room. 15 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 11-04 AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE ) The undersigned, being first duly sworn, deposes and says that he or she is Secretary of JAM Fire Protection, Inc. , the party making the foregoing bid. That the bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to an corporation, partnership, company, association, organization, bid depository, or any other m b or agent thereof to effectuate a collusive or sham bid. By Title Subscribed and sworn to before me this day of �LL.Y 20 11 . oot ry Public in and for said County and State USA C."ttIMAM FIDAVI.FRM Commissw J 1791786 wopry Public-Calends Los AGO"CCU" Comm.Es bes Mu 19.2012 16 OF PALM Sp INVITATION FOR BIDS (IFB 11-04) H TO PROVIDE NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: Are there any electronic drawings of Room?Site Plan? I A 1: There are no electronic drawings of room and no site plan. Q 2: Is there a tie into the Fire Alarm system? A 2: No I Q 3: Can alternate agents be quoted or used instead of the FM-200? A.3: No. The City has specified FM-200 for the fire suppression Halon systems for this bid. Q 4: Does there need to be a warning strobe light outside both doors to server room? A 4: Yes Q 5: Why is there an "A" or"B" license requirement? Can this be waived if you have a "C16" license? A 5: No. The license requirement language in the bid document.was incorrect and has been revised as follows: DELETE: P.2 and P.9 (2) "SGepe of Werk� l3lds aFe being salisited ftem s9ntraGt9F8 that GUFFeRtly hold a Valid I REPLACE WITH: P.2 and P.9 (2) "Scope of Work: Bids are being solicited from contractors that currently hold a valid "A" or "B" license, or a C-10 with a C-16 contractors license, to completely design and install a new FM-200 fire protection suppression Halon System in the server room" ADDITIONAL FORM AND REVISIONS TO SPECIFICATIONS: REVISED: SCOPE OF WORK AND SPECIAL CONDITIONS: The following scope of work has been revised on page 9 and 11 of the IFB to reflect: • Item #6 Manual Pull Station...&Bispateh ReGFA (Dispatch is hereby removed) Quantity is revised from 2 to 1. • Item#7 Abort Station...& Dispatch Reece(Dispatch is hereby Removed) Quantity is revised from 2 to 1. • Item #12 Plug ^ff Exist!Rg Wet Pipe SpOnkler, Heads is here by removed from scope of work provided by the Contractor and becomes work provided by the City. BID SCHEDULE (IFB 11-04) —REVISED-- PAGES 11-12 BID SCHEDULE (Pricing Form) reflecting the above revisions, is here by included in this addendum and replace original Bid Schedule pricing pages. ADD: Page 17 BID BOND FORM is here by added as it was omitted in error. BY ORDER OF HE CITY OF PALM SPRINGS, CALIFORNIA L 1_ei Ann it g eno Procurement Specialist II DATE: June 23, 2011 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name:. JAM Fire n, Inc. Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. I-- OF VALM Sp 4- INVITATION FOR BIDS (IFB 11-04) TO PROVIDE NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM ADDENDUM NO. 2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. CORRECTION TO ADDENDUM #1 FOR RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 5: Why is there an "A"or"B" license requirement? Can this be waived if you have a "C16" license? A 5: The license requirement language in the bid document and in addendum #1 was incorrect and has been revised as follows: DELETE: P.2 and P.9 (2) "SGGP9 Of W94C Bids aFe beiR@ GGIAGited fFGFR GentFasteFe that GUFFently hold a Valid „ OF " DELETE: (From Addendum #1) P.2 and P.9 (2) " i REPLACE WITH: P.2 and P.9 (2) "Scope of Work: Bids are being solicited from contractors that currently hold a valid "B" license with a C-16 Contractors license, OR "B" license subcontracting with a C-16 Contractor, or a "C16" Contractors license to completely design and install a new FM-200 fire protection suppression Halon System in the server room" BY ORDER O THE CITY OF PALM SPRINGS, CALIFORNIA Lei AnGbileno g Procurement Specialist II DATE: June 27, 2011 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: JAM Fire Pr t 1 , In . Authorized Signature: Date: 4,-Z Y—j/ Acknowledgment of Receipt of Addendum 2 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. e OF PAL.H sp ;PZ INVITATION FOR BIDS (IFB 11-04) u N TO PROVIDE NEW FIRE SUPPRESSION HALON {{ •�.,, � ,' SYSTEM FOR SERVER ROOM 3 ` �Q�7fpRN�P. ADDENDUM NO. 3 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: Can we get measurements for the room/rooms the system is being installed in? As far as height, width, depth? `! A 1: The room is 8 foot wide, 22 foot 6 inches long by 12 foot high. Q 2: What is the distance between the basement computer room where the system will be installed to the dispatch area where the monitoring will be? A 2: It is 80 feet to the dispatch area from the computer room. Q 3: What is the Engineer's estimate for this project? A 3: The Police departments budget for this project is$20,000.00 WnnRDEOF THE CITY OF PALM SPRINGS, CALIFORNIA Gile Procurement Specialist II DATE: June 28, 2011 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: JAM Fire to n, Authorized Signature: Date: 29—// Acknowledgment of Receipt of Addendum 3 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. •♦ 4 BIDDER'S GENERAL INFORMATION NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM AT PALM SPRINGS POLICE DEPARTMENT IFB 11-04 The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: JAM Fire Protection, Inc. 1930 S. Myrtle Avenue Monrovia, CA 91016 2. CONTRACTOR'S Telephone Number: ( 626 ) 256-4400 Facsimile Number: ( 626 ) 256-4401 3. CONTRACTOR'S License: Primary Classification B, C10, C16 State License Number(s) 791060 Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Mike Stong Address 4850 Arlington Avenue Riverside, CA 92504 Surety Company Stong Surety Telephone Numbers: Agent (951 ) 343-0382 Surety ( 951 ) 343-0382 5. Type of Firm (Individual, Partnership or Corporation): Corporation 6. Corporation organized under the laws of the State of. California 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: John A. Mongillo President Michael D. Deushane Secretary/Chief Financial Officer 17 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 16 rears 9. List the name and title of the person who will supervise full-time the proposed work for your firm: Lou Salva - Project Superintendent 10. Is full-time supervisor an employee Yes contract services_? 11. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. WAIVED 18 $16,975.00 Fire Suppression System Account Numbers Police 3012-43929 5658.33 Fire 3520-43240 5658.33 Public Works-Facilities 5641-43240 5648.33 VENDORS& AMOUNTS BID VENDORS & AMOUNTS BID BID AB/ STRAC Qll_, DUE DATE: ' ! IDDING TO: .UANTITY COMMODITY ITEM ` I Check a License -Contractors State License Board Page 1 of 2 Department of Consumer Affairs Contractors State License"Board Contractor's License Detail - License # 791060 & DISCLAIMER:A license status check provides information taken from the CSLB license database. Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(S&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per,B&P.7071,1,7,, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 791060 Extract Date: 8/9/2011 JAM FIRE PROTECTION INC dba JAM CORP Business Information 1930 SOUTH MYRTLE AVENUE MONROV IA,CA 91016 Business Phone Number(626)2564400 Entity: Corporation _ Issue Date 02/07/2001 Expire Date 0212812013 License Status This license is current and active. All information below should be reviewed. Additional Status: CLASS DESCRIPTION B GENERAL BUILDING CONTRACTOR Classifications: C10 ELECTRICAL C16 FIRE PROTECTION CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number SC1028172 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 C ontra dor's„Bondi ng.,Hi story Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO) MONGILLO JOHN ANTHONY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date: 12/22/2006 BQI's Bonding History This license has workers compensation insurance with the Workers'Compensation: CASTLEPOINT NATIONAL INSURANCE COMPANY Policy Number:WCPBC1132611 https://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LicNum=791060 8/9/2011 Check a License - Contractors State License Board Page 2 of 2 Effective Date:0210 7/2 01 1 Expire Date: 02/07/2012 Workers'Compensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Personnel List Other Licenses Conditions of Use I Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LieNum=791060 8/9/2011 A 4� VO INVITATION FORBIDS NO. 11-04 FOR NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM THIS INVITATION FOR BIDS CONSISTS OF THE FOLLOWING: PAGE COVERSHEET.......................................................................................................................... 1 NOTICE INVITING BIDS.........................................................................................................2-3 BIDDER'S CHECK LIST.............................................................................................................4 TERMS & CONDITIONS.........................................................................................................5-8 SCOPE OF WORK AND SPECIAL CONDITIONS................................................................9-10 PRICING PAGE (MUST BE MANUALLY SIGNED)............................................................. 11-12 ATTACHEMENT"A° SPECIFICATION DRAWINGS ........................................................... 13-14 BIDDER'S REFERENCE LIST................................................................................................. 15 AFFIDAVIT OF NON-COLLUSION........................................................................................... 16 BIDDERS GENERAL INFORNATION FORM...................................................................... 17-18 BIDBOND FORM .................................................................................................................... 19 PAYMENT BOND FORM ....................................................................................................20-21 PERFORMANCE BOND ..........................................................................................................22 CONTRACTAGREEMENT.................................................................................................23-26 WORKER'S COMPESATION CERTIFICATE .......................................................................... 27 EXHIBIT"A" ............................................................................................................................. 28 CERTIFICATE OF INSURANCE SAMPLE DOCUMENT ......................................................... 29 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS ........................30-32 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. MAILING ADDRESS: STREET ADDRESS: City of Palm Springs City of Palm Springs Procurement & Contracting Procurement & Contracting P.O. BOX 2743 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 Palm Springs, CA 92262 DATE DUE: WEDNESDAY, JULY 6, 2011 TIME DUE: 3:30 P.M., Local Time 1 NOTICE INVITING BIDS j CITY OF PALM SPRINGS, CALIFORNIA Q INVITATION FOR BIDS (IFB 11-04) U NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting informal bids from qualified firms for: NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM AT PALM SPRINGS POLICE DEPARTMENT The City of Palm Springs requires a contractor to furnish all labor, equipment, materials, supervision, service, proof of insurance and bonding to install new fire suppression Halon System in the Server room at the Palm Springs Police Department located at 200 South Civic Drive in Palm Springs. Please refer to the attached plans for the scope of work required and other details. The work requires a contractor with an A, or B with a C-16 License to carry out the work. Work shall be performed in accordance with "Greenbook" Standard Specifications for Public Works Construction, in addition to the specifications included in the drawings. A payment (labor/material) bond will be required if you are the selected contractor and enter into an Agreement with the City of Palm Springs. Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent(10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Work is awarded fail to furnish the required proof of insurance, bonds and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements. Bids will be received until 3:30 P.M., WEDNESDAY, JULY 6, 2011 at the Office of Procurement and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered at the address above, or mailed to: City of Palm Springs, Procurement and Contracting Division, P. O. Box 2743, Palm Springs, California 92263-2743. The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. NON-MANDATORY PRE-BID WALK-THROUGH OF WORK SITE: Prospective bidders are highly encouraged to attend the non-mandatory Pre-Bid Walk-Through of the work site and existing facilities, which will be conducted by the City to acquaint the Bidders with existing site conditions. The Pre-Bid Walk-Through will begin Wednesday, June 22nd at 9:OOAM at the Palm Springs Police Department, located at 200 S. Civic Drive, Palm Springs CA 92262. Failure of a Bidder to attend the pre-bid walk- through shall constitute acceptance of all pre-existing site conditions and shall constitute a waiver of any and all future claims relating to said conditions. Availability of Documents: Bid Documents and Specifications may be obtained from the Procurement Office by calling (760) 322-8374, NOTE: Contact Leigh Ann Gileno, Procurement Specialist 11, via email at LeighAnn.Gileno(&-paimsprings-ca.gov to register as a Bidder. Failure to register as a 2 Bidder may result in your firm not receiving bid addenda. Failure to acknowledge addenda with your bid may cause your bid to be considered non-responsive. Prevailing Wage Rates are not applicable: Funding for the work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. The successful bidder will enter into a contract with the City of Palm Springs. A sample contract and a summary of insurance requirements are attached for your reference. All work shall be completed within 14 working days (note: allowed working days Monday through Thursday 6:30 a.m. to 4:00 p.m. &W Mtn in Leigh Ann Gileno Procurement Specialist II 3 INVITATION FOR BIDS (IFB 11-04) BIDDER'S CHECK LIST INSTRUCTIONS TO BIDDER: I GENERAL: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation For Bid, only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after Bid time, but prior to award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE. II REQUIRED DOCUMENTS FOR BID: Bids MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLY THOSE ITEMS MARKED BY AN ")CARE REQUIRED. X Bid Proposal page 12, must be manually signed. X Erasures or other changes made to the Bid Proposal Pages must be initialed by the person signing the Bid. X References form, page 15, must be completed. X Affidavit of Non-collusion by Contractor form, page 16, must be manually signed and countersigned by a Notary Public. X All Addenda issued shall be acknowledged in the space provided on Bid Proposal Page 12 located at the bottom. Failure to acknowledge all Addenda may render your Bid non-responsive. X Bidder's General Information, page 17-18, must be completed. X Bid Bond, Certified Check, Cashiers Check, Money Order or Cash shall be submitted with the Bid in the amount indicated. Page 19-20 must be executed and notarized as indicated, if applicable. 4 CITY OF PALM SPRINGS IFB 11-04 NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM AT PALM SPRINGS POLICE DEPARTMENT TERMS AND CONDITIONS 1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number, time and date of opening. 2. Bids submitted may be withdrawn by written request received before the hour set for the opening. After that time, Bids may not be withdrawn by the Bidder for a period of ninety (90) days and at no time after award of Bid. 3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder or to reject all bids, as it may best serve the interests of the City. Furthermore, the City reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. 4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bid, as it may best serve the interests of the City. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations in the bid documents and to complete the Work contemplated therein. 5. The decision of the Palm Springs City Council will be final. It is anticipated that City Council will award the bid at their regularly scheduled meeting following the closing date for receipt of bids. 6. Bidder's signed bid and written acceptance (purchase order) by the City shall constitute an agreement. 7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the pages which make up this Invitation For Bid. 8. The price quoted by the Bidder in his/her bid shall include any sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress. 9. When discrepancies occur between unit prices and extended amounts the unit prices shall govern. 10. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public. 11. PRE-BID WALK THROUGH: Prospective Bidders are strongly advised to attend a Pre-Bid Walk-Through which will be conducted by the City in order to acquaint the Bidders with existing site conditions. The pre-proposal walk-through will take place on WEDNESDAY, JUNE 22, 2011, at 9:00 A.M. Local Time. Please allow at least 1 hour for site tour. 5 Participants will meet promptly at 9:00 A.M. in the lobby of the Palm Springs Police Department located at 200 S. Civic Drive, Palm Springs, CA 92262. It shall be the full responsibility of the Bidder to visit and inspect all locations prior to submission of a Bid. No variation in price or condition shall be permitted based on a claim of ignorance. Failure of a Bidder to attend the pre-bid walk-through shall constitute acceptance of all pre-existing site conditions and shall constitute a waiver of any and all future claims relating to said conditions. 12. QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this IFB other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a Bid. ANY questions, technical or otherwise, pertaining to this Invitation for Bid must be submitted IN WRITING and directed ONLY to: Leigh Ann Gileno, Procurement Specialist II Procurement& Contracting Dept. 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: LeighAnn.Gileno(&Palmspdnas-ca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the IFB. The deadline for all questions is 3:00 P.M., Local Time, TUESDAY JUNE 28, 2011. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY DUE TO THE CURRENT FURLOUGH PROGRAM, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON FRIDAYS (OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITTAL/BID BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. 13. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a Notice of Award letter and/or Purchase Order will be issued to the successful Bidder. The successful Bidder shall provide all Certificates of Insurance, Bonds, if required, within fourteen (14) calendar days. 14.The Bidder agrees that the City has the right to make the final determination as to whether the material/equipment has been satisfactorily delivered, operable and meets acceptance criteria as defined in the Bid documents. 15. Performance: Time is of the essence in the performance of the work. Performance schedule may be a factor in award of bid and may be cause for refection, as determined by the City. 16. Warranty: The successful Bidder shall fully warrant all materials, equipment, and workmanship including without limitation, any optional equipment purchased by the City under the terms of this agreement, against poor or inferior quality equipment, materials or workmanship for a period not less than three years from the date of final acceptance of the material/equipment by the City. The successful Bidder shall repair or replace inoperable equipment/material in a timely manner so as to minimize the possible disruption of City operations resulting from said 6 inoperable equipmentlmaterial. Where applicable, all bids shall be accompanied by a copy or description of the manufacturer's warranty for the items(s) proposed and evidence that such warranty is assignable to the City. 17. Termination for Default: The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price, If, after notice of termination of this contract under the provisions of this clause, it's determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 18. Termination for Convenience: The City may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 19. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 20. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 21. Contractor's License: The successful Offeror shall posses a Class A or B with a C-16 Contractor's License at the time the contract is awarded and for the duration of the term that the work is in progress. 22. Bid Bond: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value of lump sum total). Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish the required proof of insurance, bonds and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements. 23. Performance Bond and Insurance: The successful Bidder shall furnish within 14 calendar days after Notice of Award, a Performance Bond in the sum of the amount of Agreement. The successful Bidder shall maintain the validity and enforcement of said bond for the duration of the Contract. Also, the successful Bidder shall furnish within 14 calendar days after Notice of Award certificates of Insurance as per the instructions contained herein. 24. Payment Bond: Concurrently with execution of Agreement, Contractor shall deliver to Agency a payment bond (Material and Labor Bond) in the sum of the amount of Agreement, in the form provided by the City Clerk, to satisfy claims of material suppliers and mechanics and 7 laborers employed by Contractor on the work. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be certified and current copy of his power of attorney. The bond shall be unconditional and remain in force until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. 25. Local Preference: Local Preference in Public Works Contracts (Sub-Contracting). The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. 26. Payment Terms - The standard terms at the City of Palm Springs are Net 30 days. 8 CITY OF PALM SPRINGS IFB 11-04 NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM AT PALM SPRINGS POLICE DEPARTMENT SCOPE OF WORK AND SPECIAL CONDITIONS 1. Purpose: The City of Palm Springs requires a contractor to design, fabrication and complete installation of a new FM-200 fire protection suppression Halon System in the Server room at the Palm Springs Police Department at 200 South Civic Drive in Palm Springs. Please refer to the attached plans for the scope of work required and other details. 2. Scope of Work: Bids are being solicited from contractors that currently hold a valid "A" or "B" with a C-16 contractors license to completely design and install a new FM-200 fire protection suppression Halon System in the server room. Work shall be performed in accordance with "Greenbook" Standard Specifications for Public Works Construction. A payment (labor/material) and performance bond will be required if you are the selected contractor and enter into an Agreement with the City of Palm Springs. The Contractor and all of Contractor's personnel performing services hereunder shall possess all licenses required by the State of California to perform said services. Prior to work commencing, designs must be approved by the Fire Department. Work provided by the City prior to Contractors start: • The city will provide 120 volt AC Power to the FM-200 control panel on the downstairs server room. • Electrical wiring to shut down required air moving equipment and computer power. • Installation of necessary devices, such as fire dampers, to stop air movement. • Structural Calculations of any nature. • City to seal off all penetrations • Automatic bottom seals and weather stripping will be installed on all doors leading to and separating fm-200 protected areas. • Door closures will be installed on all exit doors to maintain a normally closed status. • All openings or conduit and mechanical penetrations into the FM-200 protected area will be property sealed. • Plug off Existing Wet Pipe Sprinkler Heads Work to be provided by the Contractor: - All materials, equipment and labor necessary to design, fabricate and install a new turnkey FM-200 Fire Protection Suppression Halon System that includes: • Control Unit with Batteries • Discharge Strobes • Photoelectric Detector with Base • Ionization Detector with Base • Multi-tone Horn/ Strobe at Computer & Dispatch Room with strobe Only (no Multi-tone Horn in Dispatch Room) • Manual Pull Station at Computer&-Dispatsh Room (Dispatch Removed) • Abort Station at Computers Bispatsh Reern(Dispatch Removed) • Key Disconnect. Maintenance Switch • Agent Storage Container with Electric Control Head • Discharge nozzle • 78 Pounds of FM-200 • Room Pressurization Tests to include initial test and final acceptance test for the PS Fire Department 9 • Engineering, Permits and One (1)year warranty 3. Contract Services Agreement: The attached Contract Services Agreement shall be utilized to identify the respective obligations of the City and the (awarded) Contractor. 4. Plans Submissions: Three complete sets of 24"X36" sets of plans for Halon System must be submitted at time of building plan submittal. 5. Non-Interference: Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 6. Insurance Requirement: The Contractor awarded the Contract shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City. 7. License Requirement: The contractor will be required to: • be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax; • possess any other applicable license required in the performance of these services. 7. Terms and Conditions: The bidder shall not change the wording in the attached specifications or conditions. No words or comments shall be added to the general conditions or detailed specifications. Any explanation or alternative offered shall be set forth in a letter attached to the front cover of the specifications. Conditional bids will not be accepted. 8. Notice to Proceed: A Notice to Proceed letter will be issued upon receipt of the required and approved Certificate of Insurance and the required bonding. The successful Bidder shall begin Work immediately or as soon as is reasonable from the date of the Notice to Proceed and shall complete all.work specified in this document within fourteen (14) days from the date indicated on the Notice to Proceed. 9. Final Determination: The Bidder agrees that the City has the right to make all final determinations as to whether the Work has been satisfactorily completed. 10. The successful bidder will enter into a contract with the City of Palm Springs. All work shall be completed within 14 working days (note: allowed working days Monday through Thursday 6:30 a.m. to 4:00 p.m.) A sample contract and a summary of insurance requirements are attached for your reference. 11. All of Contractor's employees, representatives and officials shall be expected to maintain excellent relations with the public, City officials and employees. Any display of offensive, discourteous or rude behavior by any representative of the Contractor may be cause for contract termination. Use of alcoholic beverages by Contractor's representatives is prohibited, and representatives are prohibited from being on the premises under the influence of alcohol or any other substances. 10 BID SCHEDULE (IFB 11-04) Lump Sum Price for Construction of NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM At Palm Springs Police Department All materials, equipment and labor necessary to design, fabricate and install a new turnkey FM-200 Fire Protection Suppression Halon System that includes: Item Qtv Scope of work as per attached specifications 1. 1 Control Unit with Batteries 2. 2 Discharge Strobes 3. 1 Photoelectric Detector with Base 4. 1 Ionization Detector with Base 5. 2 Multi-tone Hom/ Strobe at Computer & Dispatch Room with strobe Only (no Multi-tone Hom in Dispatch Room) 6. 2 Manual Pull Station at Computer&-Bispatsh Reem (Dispatch Removed) 7. 2 Abort Station at Computer& Dispateh Reempispatch Removed) 8. 1 Key Disconnect/Maintenance Switch 9. 1 Agent Storage Container w/ Electric Control Head 10. 1 Discharge Nozzle 11. 78 Pounds of FM-200 12 LOT Plug Off Fsdating mist Pepe cegsuer� oved to City's duties) 13. 2 Initial Room Pressurization Fan Test and Final Acceptance Test for local Fire Dept. 14. LOT Engineering, Permits and One(1)Year Warranty Note: Quantities are estimated only; contractor shall confirm its own quantities from the plans and bid specifications appropriately. No additional payment will be authorized in the event estimated quantities differ from that required by the plans. This is a lump sum project. TOTAL BID PRICE For the lump sum of$ (Price in figures) (Price in words) Note: Additional Room Pressurization Fan Test procedures are not included in this scope of work. If any additional tests are required beyond this included in the scope of work, written authorization by the City to perform additional tests must be approved by the City's contract administrator before they are scheduled. The unit cost for additional tests is: $ Per Test (Signatures): Name of firm submitting bid Authorized signature Printed name Title 11 Address City, State, Zip Telephone No: Fax No: E-mail ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your Bid. Failure to acknowledge the Addenda issued may result in your Bid being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addendum: Addendum(s)# is/are hereby acknowledged. 12 ATTACHMENT "A" r ■ rc ■ Mowi LiLIUt« 4isw+TtM { frweTTMf ,. ■ LlMYwF M�wiw 3wiwiwa 7 - � avers R wi«nNi Ws POUCH DEPARTMENT • • � LJi•Milf Leg e �ASI�M�NT t. �, r Water shut affa {in coiling? �' l W Electrical panelsr t 13 POLICE on filrx " Awe, w.x. L I r.Yn lluH YJq M. M. 114wr„w HNM'(' CWAyM. GROUND PLOOR Legend EDEgaipment room •r-n Ire.,., n<r.A.I r. Electrical panel } Gas main `" r Wsnnx Water main rw ea ■ � water shut off (Cell n r f.\lkpn Lwq � <taa. AwAA +lar.. �� Awxwrf ., .w4<jf•AT IANM. � IR+MAty ,J .� ' 1w •' REFERENCES The City is seeking a contractor who has the experience and capability to install a new fire suppression Halon System in computer server room at the Palm Springs Police Department as per the specifications contained herein. A minimum of three (3) references shall be submitted below with the bid, including contact name and phone number, for projects of a similar scope to this Invitation for Bids. 1) Name of firm or agency: Contact Person: Phone # Brief description of project: 2) Name of firm or agency: Contact Person: Phone# Brief description of project: 3) Name of firm or agency: Contact Person: Phone# Brief description of project: 15 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 11-04 AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE ) The undersigned, being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid. That the bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or any other member or agent thereof to effectuate a collusive or sham bid. By: Title Subscribed and sworn to before me this day of 20_. Notary Public in and for said County and State FIDAVI.FRM 16 BIDDER'S GENERAL INFORMATION NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM AT PALM SPRINGS POLICE DEPARTMENT IFB 11-04 The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number. ( ) Facsimile Number: ( ) 3. CONTRACTOR'S License: Primary Classification State License Numbers) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Telephone Numbers: Agent( ) Surety( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: 17 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List the name and title of the person who will supervise full-time the proposed work for your firm: 10. Is full-time supervisor an employee contract services ? 11. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. WAIVED 18 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 2011-04 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto The City of Palm Springs, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the bidding schedule of the Citys Contract Documents entitled: NEW FIRE SUPPRESSION HALON SYSTEM FOR SERVER ROOM AT PALM SPRINGS POLICE DEPARTMENT NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorneys fee to be fixed by the court. SIGNED AND SEALED, this day of 120 (SEAL) (SEAL) (SEAL) (Principal) (SEAL) (Surety) By: (Signature) (SEAL AND NOTARIAL By: ACKNOWLEDGMENT OF SURETY) (Signature) 19 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the"City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: INSTALL NEW HALON SYSTEM AT PALM SPRINGS PD SERVER ROOM NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorneys fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. 20 PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of 12011. CONTRACTOR: (Check one: individual, _partnership, corporation) (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) Print Name and Title: SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 21 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the "City," in the sum of.- dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specked or indicated in the Contract Documents entitled: INSTALL NEW HALON SYSTEM AT PALM SPRINGS PD SERVER ROOM NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of 12011. CONTRACTOR: (Check one: _individual, partnership, _corporation) (Corporations require two signatures:one from each of the following groups:A.Chairman of Board, President,or any Vice President; AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). BY SURETY: Signature(NOTARIZED) Print Name and Title: By BY Signature(NOTARIZED) Print Name and Title: Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 22 AGREEMENT THIS AGREEMENT made this day of in the year 2011, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 —THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s)of the City's Contract Documents entitled: INSTALL NEW HALON SYSTEM AT PALM SPRINGS PD SERVER ROOM The Work is generally described as follows: Installation of a new fire suppression Halon System in computer server room at the Palm Springs Police Department at 200 South Civic Drive in Palm Springs, California. ARTICLE 2 --COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specked in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specked in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of$0.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3—CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). 23 ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit; Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions (Exhibit "A"), the Drawings, Addenda numbers to , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5-- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6-- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7— MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. 24 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By By City Clerk City Manager APPROVED AS TO FORM: Date By City Attorney APPROVED BY THE CITY COUNCIL: Date Date Agreement No. Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: Check one:_Individual_Partnership_Corporation Address: By: By: Signature(notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of ❑ State of ❑ County of ❑ss County of ❑ss 25 On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s)acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: 26 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am 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 said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By Title 27 EXHIBIT"A" SPECIAL PROVISIONS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. Bid Bond: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value of lump sum total). Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish the required proof of insurance, bonds and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements. Performance Bond and Insurance: The successful Bidder shall furnish within 14 calendar days after Notice of Award, a Performance Bond in the sum of the amount of the Agreement. The successful Bidder shall maintain the validity and enforcement of said bond for the duration of the Contract. Also, the successful Bidder shall furnish within 14 calendar days after Notice of Award certificates of Insurance as per the instructions contained herein. Payment Bond: Concurrently with execution of Agreement, Contractor shall deliver to Agency a payment bond (Material and Labor Bond) in the sum of the amount of Agreement, in the form provided by the City Clerk, to satisfy claims of material suppliers and mechanics and laborers employed by Contractor on the work. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be certified and current copy of his power of attorney. The bond shall be unconditional and remain in force until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. All work shall be performed in accordance with the "Greenbook" Standard Specifications for Public Works Construction, 2006 edition. 28 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNER/AGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS(x1000) TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including: $ b ❑ EJ(PLOSION AND COLLAPSE BODILY INJURY 5 5 ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE ❑ PRODUCTSICOMPLETEU OPERATIONS or ❑ CONTRACTUAL INSURANCE $ $ ❑ BODILY INJURY AND BROAD FORM PROPERTY DAMAGE PROPERTY ❑ INDEPENDENT CONTRACTORS DAMAGE COMBINED ❑ PERSONAL INJURY PERSONAL INJURY 5 COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON B Including: EACH ACCIDENT ❑ OWNED 9 PROPERTY DAMAGE ❑ HIRED ❑ NO"WNED BODILY INJURY ANDPROPERTY❑ 5 MOTOR CARRIER ACT DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY Including: AND PROPERTY ❑ DAMAGE COMBINED 5 BAROYER'B LIABILRY WORKER'S COMPENSATION STATUTORY ,and EMPLOYER'S LIABILITY Including: a $ ACH CCIDENTI ❑ LONG SHOREMM'S AND HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS The undersigned certifies that he or she is the representative of the above-named insurance companies,that he or she has the authority to execute and issue this certificate to Certificate Holder,and accordingly,does hereby certity on behalf of said insurance companies that policies of insurance listed above have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term,or condition of any contract or other documem with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amend,extend,or after the coverage afforded by the policies listed. Cancellation:Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the below-named certificate heeler: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY 29 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS Instructions to ContractorslVendors/Service Providers: Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below: A. Minimum Scope of Insurance Required 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises. 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and can not be waived. 3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract. Contractors with no employees must complete a Request for Waiver of Workers' Compensation Insurance Requirement form. 4. Errors and Omissions coverage is required for licensed or other professional contractors doing design, architectural, engineering or other services that warrant such insurance. B. Minimum Limits of Insurance Coverage Required Under$25,000 Limits TBD by Risk Manager Over$25,000 to $5,000,000 $1 Million per Occurrence/$2 Million Aggregate Over$5 Million Limits TBD by Risk Manager Umbrella excess liability may be used to reach the limits stated above. C. The following general requirements apply: 1. Insurance carrier must be authorized to do business in the State of California. 2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best Company. 3. Coverage must include personal injury, protective and employer liability. 4. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. 5. Contractor's general liability and automobile insurance coverage must be primary and non- contributory over any insurance the City may maintain, that is, any such City insurance shall be excess to limits stated in the certificate. D. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of 30 Liability Insurance Coverage with an approved Additional Insured Endorsement (see attached) with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured' ("as respects a speck contract" or "for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have" ("as respects a specific contract"or"for any and all work performed with the City' may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See Example A below. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See Example B below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Industry Certificates of Insurance: • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss- payee status, when appropriate, for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval 31 F. Endorsement Language for Insurance Certificates ............I.I.-I........................... ------------------------------------------------------------------------------- SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE Example A: ISSUING INSURER WILL E1111RIVOR TO MAIL 30 DAYS* WRITTEN . NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN 8JULT F.A.11-1-IRIE TO MAIL SUCH NOTICE SH.A.1-1- 1h.4120 2-E NQ OR' IGATION OR OF ANY KIND UPON THE INSURER, ITS AGUITS REPRESENTATIVES *The broker/agent can include a qualifier stating 010 days notice for ; I nonpayment of premium." ..........----------------------................................................ "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY : WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE . Example B: ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO." ................................................................. -------------- ------------------------------------- G. Alternative Programs/Self-insurance. Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. THIS SPACE INTENTIONALLY LEFT BLANK 32