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Pacific Contractors Group - Cost ProposalProject No. 2017-18 Request for Proposal City Hall Exterior Paint IaP�;,,s.�o,a City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Phone: 760-777-7000 Web: www.la-quinto.org Exhibit A Scope of Services 1. Services to be provided: The scope of work includes repainting the exterior of the La Quinta City Hall Building (approximately 54, 555 square feet; Contractor is responsible for their own measurement) located at 78495 Calle Tampico and various decorative items identified below: 1) Exterior Stucco, White: • Grind down heavy edges of cracks • Patch stucco cracks with elastomeric patching compound • All stucco surface of the City Hall building and the metal flange at the top of the walls and conduit. (White) • The wall, columns, metal support and wood beam/trellis located at the loading dock area (Wall, White; Metal support, Bronze; Wood beam/Trellis, Tan) 2) Doors and Ladders: • Stucco Colored Exterior doors (White) • Exterior Ladders attached to the building (White) 3) Decorative/Additional Items: ® Hand Rails (Green) Rain Gutter (Green trim & Tan) Bike Rack at front entrance (Bronze) • Trash (3) and ashtray (2) containers (Green) • Light Bollards (10) and Face plates (24) (Bronze) • The wood beam, metal plates and flange surrounding the east side of the building. (Wood beam, Tan; Metal plates, Green • Address numbers on the cement wall off of Tampico (Green) 4) Courtyard and Patios • Metal plant holders and planter bowls in the courtyard (16 each); Decorative metal fencing at patios & main courtyard (Bronze) • Awnings, wood and metal at the west side on each corner of the building (Wood, Tan; Metal support, Green; Slats, Bronze) • Courtyards (3), (Wood, Tan; Metal support, Green; Decorative metal, Bronze) • Power wash/clean all tile attached to the building. 5) South Parking Lot (La Fonda) • Columns (Green) • Wood Covering (Tan) Exhibit A 698/015610-0002 Page 1 of 5 11222891.1 a04/24/18 9 Last revised summer 2017 Exclusions: All stone trim on the building, green doors and window trim, wood beam, metal plates facing the courtyard, and the trellis, the City Hall signage at the corner of Calle Tampico and Washington. Contractor is responsible for mobilization, surface preparation, dust control/clean-up paint removal, site protection and pedestrian traffic control. Means and methods required to perform the work are to be determined by the contractor. 2. Performance Standards: One full coat of "Masonry Primer" and two coats of elastomeric exterior paint per the manufacturer's instructions. Paint Specifications: Sherwin Williams, "Loxon"; Dunn Edwards, "Enduralastic"; Pittsburg Paint, "Perm aCrete"; Paint Colors are listed below, color codes will be provided on award of contract: • Sherwin Williams; MODERATE WHITE Sherwin Williams; OAK CREEK, TAN Dunn Edwards, BRONZE Pittsburg Paint; GREEN •N [See Attached] Exhibit A 698/015610-0002 Page 2 Of 5 11222891 1 a04/24/18 9 ADDENDUM TO AGREEMENT Re: Scope of Services This project requires prevailing wages: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement„ Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Exhibit A 698/015610-0002 Page 3 of 5 11222891 1 a04/24/1 B g Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information Exhibit A 698/015610-0002 Page 4 of 5 11222891.1 a04/24/18 9 about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A 698/015610-0002 Page 5 Of 5 11222891.1 a04/24/18 9 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is4w ►. rc• ($e`�I;J'�� �' ) ("Contract Sum"). The Contract Sum shall be paid to C n racting Party in installment payments agreed on by Contractor and City in an amount identified in Contracting Party's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. ITEM NO. DESCRIPTION COST 1. Exterior Stucco 2. Doors and Ladders ow. 00 3. Decorative Additional Items 00 Z tq D oo. 4. Courtyards and Patios 5. South Parking Lot p� TOTAL: Payment Schedule Total Deposit Progress Payment #1 — d — Q0 Progress Payment #2 l 0Q4P00 ` Progress Payment #3 TOTAL: I l O DO Exhibit B 698/015610-0002 11222891.1 a04/24/18 Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule below [or... attached hereto and incorporated herein by this reference]. Work is to begin on June 11, 2018. - Project Schedule to be provided by Contractor. Exhibit C 698/015610-0002 Page 1 of 1 11222891.1 a04/24/18 g Exhibit D Special Requirements BID GUARANTY BOND The bid form shall be accompanied by a bid guaranty bond provided by a guaranty company, authorized to conduct business in the State of California, or alternatively, by a certified or cashier's check payable to the City in the sum of at least ten percent (10%) of the total annual amount of the bid price. The bid guarantee bond shall be provided on the form included below, BID GUARANTY BOND, of this project document. The amount payable to the City under the bid guaranty bond and/or the certified or cashier's check, and the amount thereof, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidence of insurance, and to enter into, execute, and deliver to the City the Agreement on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Agreement is ready for execution. The bid securities of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid securities of all bidders except the three lowest, responsive bids will be returned within 15 calendar days after the bids are opened. Exhibit D 698/015610-0002 Page 1 of 2 11222891 1 a04/24118 9 THE AMERICAN INSTITUTE OF ARCHITECTS KNOW ALL MEN BY THESE PRESENTS, that we Pacific Contractors Group Inc. 19025 Parthenia Street, Unit # 122, Northridge, CA 91324 as Principal, hereinafter called the Principal, and SureTec Insurance Company 3131 Camino del Rio N., Ste, 1450, San Diego, CA 92108 a corporation duly organized under the laws of the State of , as Surety, hereinafter called the Surety, are held and firmly bound unto City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 as Obligee, hereinafter called the Obligee, In the sum of (Here Insert full name and address or legal title of Contractor) (Here Insert full name and address or legal the of Surety) (Here Insert full name and address or legal title of Owner) Ten Percent of amount bid Dollars ( $ 10% of amount bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of protect) City Hall Exterior Paint NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bonds or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in sald bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of May, 2018 I _ Pacific Contractors Group Inc. (Pdreipaf) b (Soso (I+Yirriassl 5u ' ' ec ln$uranc CConipany L� (Seal). -- (Witness) Andrew Sys)ni M00) Attorney -in -Fact AIA DOCUMENT A310 - BID BOND - AIA C - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20008 - A 11 10 IF, k-- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,, accuracy, or validity of that document. State of California } County of Orange y ) On _ May 8, 2018 before me, Pamela R. Goetsch, Notary Public Date Here Insert Name and Title of the Officer personally appeared Andrew 5 s. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sher'they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PAMELA R. GOETSCH Notary Public — Califomia i :` Or3�eCm�+s1y Commission * 2221718 My Comm. Expires Nov 12, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 f Signature — Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ,. - - �.._ :r. POA #: 510001 SureTec Insurance Company LEMTED POWER OF ATTORNEY Snow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Andrew Sysyn, Pamela Goetsch its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and consuming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until ""j ��� and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved; that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by Facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held arz 20 ofApril, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 29tn day of March , A.D. 2017 . Cd SURETECE ANY aBy. y John Knox ., resi nt State of Texas ss:�County of Harris — On this 29th day of March , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA CHAVEZ Notary Public, State of Texas +F� Comm. Expires 09-10-2020 ■„r,,,■,+ Notary ID 129117659 X to apex, Notary Public y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this. 8th dV of _ j MMK z.4 2018 A.D. . Brbnt Beatty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.