Loading...
Agreement Blue Pacific Eng & Constr ExecutedC GENERAL SERVICES AND MAINTENANCE CONTRACT (Non- Fedemi /Prevailing Wage) This Contract is made and entered into by and between the City of Encinitas, a municipal corporation, hereinafter referred to as "City ", and Blue Pacific Engineering & Construction hereinafter referred to as "Contractor". RECITALS City requires Contractor to perform its scope of work generally described as: Senior Center Courtyard Improvements The work to be done generally includes demolition and debris removal and courtyard construction at the Encinitas Senior Center identified in the Bid Set supplied by RRM Design. The work under this contract includes the furnishing of labor, materials, services, and transportation, except as specifically excluded, which is required for the completion of the project in accordance with the provisions of the Contract Documents. NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.0 Contract Documents The complete Contract includes and fully incorporates all Contract Bid Documents, to wit: The Notice Inviting Bids, Instructions to Bidders, Bid Documents, Contractor's Bed Proposal and documents executed therewith, including the Workers' Compensation Certificate, the bonds executed in connection herewith, General Provisions, Special Provisions, Plans, Specifications and related reference documents, Addendums, Insurance certificates and endorsements and all official papers and documents relating to the Project to be performed hereunder, the Scope of Work and all approved written modifications incorporated in these documents before this execution. These Contract Documents shall be deemed and considered as forming a part of this Contract as fully set forth herein and whether or not attached hereto. Any and all obligations of CITY and Contractor are fully set forth and described herein. 2.0 Contractor's Obligations (Attachment A) 2.1 Contractor shall perform its scope of work that is described in Attachment "A ", which is attached hereto and incorporated herein as though fully set forth at length. Blue Pacific Engineering & Construction Contract Page 1 C 2.2 Contractor shall, at its own cost and expense, in a competent manner consistent with all applicable standards of care, furnish all labor, inspection, technical, administrative, professional and other personnel, all supplies and materials, equipment, tools, printing, vehicles, transportation, office space and facili ies, and all tests, testing and analyses, calculations, and all other means and methods whatsoever, except as herein otherwise expressly specified to be furnished by City, necessary or proper to perform and complete the scope of work and provide the services required by this Agreement. 2.3 Contractor is hired to render those services necessary to perform the Scope of Work in a professional manner, and any payments made to Contractor are compensation fully for those services. 2.4 Contractor shall maintain throughout the full term of this Agreement all professional certifications and licenses required in order to comply with all city, state, and federal laws in the performance of this Agreement. 2.5 For the services to be performed, Contractor shall pay wages to Contractors employees according to the current "General Prevailing Wage Rates" issued by the Director of the Department of Industrial Relations of the State of California and pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1771, 1773, 1773.1. 3.0 Extra Work Contractor, in providing the services as set forth herein, shall not perform work and will not be paid for work in excess of the Agreement amount without first obtaining a fully executed written Change Order from City or its authorized designated representative. All requests for extra work shall be made in writing and submitted to city. 4.0 Payment for Services (Attachment B) 4.1 Payment for Contractor's work to be rendered hereunder shall be in strict accordance with the accepted bid amount set forth in Contractors Bid Schedule, which is attached hereto as Attachment "B" and incorporated herein. CITY will comply with the Prompt Payment Statute, as set forth in Public Contracts Code §20104.50. 4.2 City agrees to compensate Contractor for the services provided under this Agreement, and Contractor agrees to accept in full satisfaction for such services, payment in accordance with Attachment "B ". 4.3 Contractor shall submit to City an invoice, on a monthly basis or as otherwise agreed, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. City Blue Pacific Engineering & Construction Contract Page 2 shall pay all undisputed amounts once invoice is submitted and approved by the City. City payment will be made within 30 days of approval. City shall not wtthhold applicable taxes or other authorized deductions from payments made to Contractor. 5.0 Security for Contractor's Promise to Perform 5.1 Contractor shall post and maintain during the full term of this Contract a Performance Bond and Payment Bond in the form supplied by CITY and included in the Contract Documents. Failure to do so may, in the sole discretion of CITY, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to CITY, including, but not limited to the following: A. The amount of the Performance and Payment Bonds shall be: 100 %. B. The form of the security shall be: 1. Cash; 2. Cashier's check made payable to CITY; 3. A certified check made payable to CITY; 4. A 100% faithful performance and labor and material bond executed by admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, made payable to CITY; or 5. Contractor may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of the Public Contract Code § 22300. CITY will make the final determination as to the value of the posted securities. 5.2 CITY shall retain 5% of each payment due Contractor under this Contract until completion and acceptance of the Project. In accordance with the provisions of the Public Contract Code Section 22300, Contractor may elect to deposit securities of a value equivalent to the retention and thereby become entitled to receive 100% of the payments, without retention. CITY will make the final determination as to the value of the posted securities. 6.0 Tema of Agreement 6.1 This Agreement shall be effective on and from the day, month, and year of the execution of this document by City. 6.2 Contractor shall commence the construction of the Project on the date set forth in the Notice to Proceed and shall continue until all tasks to be performed hereunder are completed or this Contract is otherwise terminated. 6.3 Contractor shall fully complete the performance of this Contract by December 23, 2020. Rain or other unanticipated construction delays can be considered a reasonable delay. Reasonable delay requests must be submitted to the City in writing. Blue Pacific Engineering & Construction Contract Page 3 C C 6.4 LIQUIDATED DELAY DAMAGES: The Contractor shall diligently perform the work to completion by December 23, 2020. Contractor shall pay to CITY the sum of One Thousand Dollars ($1,000.00) per day for each and every calendar day of unexcused total project delay in completing the work in excess of the number prescribed above. . Reasonable delay requests must be submitted to the City in writing. Pursuant to Public Contract Code Section 7203, these liquidated delay damages shall not limit the other express terms of this public works contract. 7.0 Changes and Amendments The City reserves the right to change any portion of the work required under this Agreement, including addition or removal of sites to be maintained, or to amend such other terms and conditions which may became necessary. 8.0 Termination of Agreement 8.1 In the event of Contractors failure to prosecute, deliver, or perform the work as provided for in this Agreement, City may, at its sole discretion, terminate this Agreement with or without cause, by notifying Contractor by certified mail of said termination. Thereupon, Contractor shall cease work upon receipt of notice and: (1) assemble all documents to the City and (2) place all work in progress in a safe and protected condition. The Contract Officer of the City shall make a determination of the percentage of work which Contractor has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to the Contractor. 8.2 The Agreement may be terminated by the City, without cause, upon giving of thirty (30) days written notice to the Contractor. Prior to the 30ar day following the giving of the notice, the Contractor shall: (1) assemble the completed work product to date, and put same in order for proper filing and closing, and deliver said product to the City and (2) place all work in progress in a safe and protected condition. The Contract Officer of City shall make a determination of the percentage of work which Contractor has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Contractor. 8.0 Independent Contractor 9.1 Contractor shall perform the services provided for herein in a manner of Contractors own choice, as an independent contractor and in pursuit of Contractors independent calling, and not as an employee of City. Contractor shall be under control of City only as to the result to be accomplished and the personnel assigned to the Project. However, Contractor shall confer with City as required to perform this Agreement. Blue Pacific Engineering & Construction Contract Page 4 C 9.2 If Contractor subcontracts any of the work to be performed under this Agreement, Contractor shall be as fully responsible to City or the acts and omissions of Contractors subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Contractor and City. Contractor shall bind every subcontractor by the terms of the Agreement applicable to Contractors work, including indemnity and insurance requirements. 10.0 No Assignment of Agreement Contractor has no authority or right to assign this Agreement or any part thereof or any monies due thereunder without first obtaining the prior written consent of City. 11.0 No Verbal Agreement or Conversation No verbal agreement or conversation with any officers, elected officials, appointed officials, volunteers, agent or employee of City, either before, during or after the execution of this Agreement, shall effect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the terms of this Agreement. 12.0 Disputes 12.1 If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used: A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back -up documentation in support. The writing shall be delivered to the receiving party by that class mail or personal delivery directly to the party's project manager, along with recommended methods of resolution. B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, If any, within ten (10) City working days of receipt of the letter. 12.2 If the dispute is not resolved at staff level in accordance with Section 10.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the City Managers office a letter outlining the dispute for the City Managers review. The receiving party may submit further response, if required, to the City Manager within five (5) city working days thereafter. The City Manager, at his/her sole discretion may respond as he /she deems appropriate, including recommendations for resolution, Blue Pacific Engineering & Construction Contract Page 5 C discussion, or rejection of the dispute within ftteen (15) working days of receipt of the complaint. 12.3 If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures. This provision does not relieve Contractor of its obligation and Contractor is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City. 13.0 HOLD HARMLESS 13.1 To the greatest extent allowed by law, Contractor shall defend and indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, negligence (including the active or passive negligence of City as allowed by law), causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, subcontractors and contractors arising out of or in connection with the performance of the scope of work or this Agreement, including without limitation the payment of all damages and attorney's fees, fines, penalties and other related costs and expenses. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law. 13.2 Contractor's defense obligation (with counsel approved by City), shall arise immediately upon City's tender, at Contractors own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives, notwithstanding whether liability is or can be established against City. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law. 13.3 Contractor's defense and indemnity obligations herein include, but are not limited to damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor's Work during the scope of work or after the Project is complete, as the result of defects or negligence in Contractor's services. Blue Pacific Engineering & Construction Contract Page 6 C C 13.4 Contractor's obligation herein includes, but is not limited to, alleged defects in the services performed; alleged defects in the materials or services furnished under the Agreement; alleged injury to persons or property; alleged inverse condemnation of property as a consequence of the performance of the work or the improvement; any regulatory violations (including but not limited to Stornwater Pollution Control BMP /Erosion Control and regulatory requirements); and any accident, loss or damage to City property or third party liability prior to the acceptance of same by City. 13.5 By inspecting, approving or accepting the services performed by Contractor, City shall not have waived the protections afforded herein to City and City's officers, elected officials, appointed officials, volunteers, employees and agents or diminished the obligation of Contractor who shall remain obligated in the same degree to indemnify and hold City and City's officers, elected officials, appointed officials, volunteers, employees and agents, harmless as provided above. 14.0 Insurance 14.1 Commercial General Liability Insurance. Contractor shall obtain and maintain for the full term of this Agreement, comprehensive general liability and property damage insurance, or commercial general liability insurance an insurance company approved by City having a Best Rating of A -: VII or better and authorized by the Insurance Commissioner of the State of California Department of Insurance to be transacting business in the State of California, in the following minimum limits: General liability (Including operations, Products and completed operations) Combined Single Limit Per Occurrence $2,000,000.00 General Annual Aggregate $5,000,000.00 The limits of insurance shall not relieve Contractor from liability in excess of such coverage, nor shall it limit Contractors indemnification obligations to City, and shall not preclude City from taking such other actions available to City under other provisions of the Agreement, Contract Documents, or law. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcentractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorney's fees, incurred by City as a result thereof. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non -owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, underground excavation, removal of lateral support, and other covered loss, occurring during the policy term, and shall specifically insure the performance by Contractor. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits Blue Pacific Engineering & Construction Contract Page 7 indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in this Agreement. 14.2 Automobile Liability Insurance. Such insurance shall provide coverage for bodily injury and property damage including coverage for non -owned and hired vehicles, in a torte and with insurance companies acceptable to City for bodily injury and property damage in an amount, at least, one million dollars ($1,000,000) per person per accident. 14.3 Workers Compensation Insurance. Contractor shall provide, during the tens of this Agreement, workers compensation insurance for all of the employees engaged in Work under this Agreement, on or at any work site, and, in case of any sublet Work, Contractor shall require each subcontractor similarly to provide workers' compensation insurance for all of the latter's employees as proscribed by State law. Any class of employee or employees not covered by a subcontractors insurance shall be covered by Contractor's insumnce. Contractor is required to secure payment of compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code in an amount of, at least, one million dollars ($1,000,000) per person per accident and shall contain a Waiver of Subrogation in favor of City. Contractor shall assume the immediate defense of and indemnify and save harmless City and its officers and employees, agents, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor, or any subcontractors, to perform the scope of work under this Agreement regardless of responsibility or negligence. 14.4 Employers Liability Insurance. Contractor shall provide during the life of this Agreement, Employers Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employers Liability Insurance. Such insurance shall comply with the provisions of the Agreement and Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Altemate Employer Endorsement and contain a Waiver of Subrogation in favor of City. 14.5 Forth. Proof of Insurance. Any insurance carrier providing insurance coverage required by the Agreement and Contract Documents shall be admitted to and authorized to do business in the State of Califomia unless waived, in writing, by City's Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A -: VII or better. Insurance deductibles or self - insured retentions must be declared by Contractor, and such deductibles and retentions shall have the prior written consent from City. 14.6 Additional Insured Requirement. City, its officers, elected officials, employees, contractors, construction managers, architect and volunteers am to be covered as additional insureds by endorsement under the General Liability, Automobile Liability, Employers Liability and Workers Compensation Liability insurance policies. The Blue Pacific Engineering & Construction Contract Page 8 C C General Liability policy shall be evidenced by an additional insured endorsement, using form ISO CG 20 -10 -10-01 and GC 20 -37 -10-01 orthe exact equivalent. 14.7 Other Insurance Requirements. The Certficate(s) and policy(s) of Insurance shall provide no less than thirty (30) days written notice be given to City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to this Agreement and Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments evidencing coverages and the insurance as required is in full force and effect. Contractor shall not take possession of any work site or commence its scope of work under this Agreement until City has been furnished original Certficate(s) of Insurance and certified original copies of Endorsements and any and all other attachments as required in this Agreement. The original Endorsements for each policy and the Certificate(s) of Insurance shall be signed by an individual authorized by the insurance cartier to do so on its behalf. It is understood and agreed to by the parties and the insurance company(s), that the Certficate(s) of Insurance and policies shall be construed as primary, and City's insurance and /or deductibles and /or self-insured retentions or self- insured programs shall not be construed as contributory. 15.0 Payroll Records 15.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall maintain accurate weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. 15.2 The payroll records described herein shall be certified and submitted by Contractor at a time designated by City. Contractor shall also provide the following: 1) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations CDIR "). Blue Pacific Engineering & Construction Contract Page 9 The certified payroll records shall be on fors provided by the Division of Labor Standards Enforcement (DI-SE") of the DIR or shall contain the same information as the fors provided by the DLSE. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of Contractor or any subcontractor shall not be marked or obliterated. 15.3 Pursuant to Labor Code Section 1775, Contractor and any subcontractor under the Agreement shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the DIR for the work or craft in which the worker is employed for any public work done under the Agreement by Contractor or, except as provided by statute, by any subcontract under the Agreement. Upon the request of the DIR, such penalties shall be withheld from Agreement payments. 16.0 Prevailing Wage and Enforcement Compliance 16.1 This is a prevailing wage contract and prevailing wage rates for this locality and project as determined by the Director of the DIR apply, pursuant to labor code section 1770, et. Seq. A copy of the prevailing wage rates shall be posted on the job site by Contractor. A schedule of prevailing wage rates is available for review at City's offices or may be found on the internet at http : /Aw .dir.m.gov /Publio-Works /Prevailing - Wage.html. Contractor shall be required to pay at least the wage rates set forth in that schedule. Certified Payroll records shall be maintained by Contractor and copies of the certified payroll shall be electronically sent to the DIR and be delivered to City at the end of each month during the entire duration of the project. Contractor is subject to compliance monitoring and enforcement by the DIR. Subject to exceptions as set forth in Labor Code section 1771.1, Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined by statute, unless it is currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. City may not accept a bid, nor any contract or subcontract entered into without proof of Contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. For more information, go to http: /Aw .dir.w.gov /Public- Works /Certfied- Pavmll- Reporting.htmi. Contractor shall be aware of the requirements of Labor Code Sections 1720 at seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 at seq. (°Prevailing Wage Laws', which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Blue Pacific Engineering & Construction Contract Page 10 C C Since this Project involves an applicable °public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total Compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall obtain a copy of the prevailing rates of per them wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.cfir.ca.aov/dIs . In the alternative, Contractor may view a copy of the prevailing rates of per diem wages at City's offices. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, Costs, penalties or interest arising out of any failure or allege failure to Comply with the Prevailing Wage Laws. 16.2 Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontractor under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. 17.0 Emplovmentof Apprentices Contractors attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by Contractor or any subcontractor. Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the DIR, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 18.0 Nondiscrimination /Eaual Emolovment O000rtanf Pursuant to Labor Code Section 1735 and other applicable provisions of law, Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, Color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. Contractor will take affirmative action to ensure that employees are treated during employment or training without regard to their race, Color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Blue Pacific Engineering & Construction Contract Page 11 c 19.0 Labor /Emolovment Safe Contractor shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. Contractor shall further comply with all other federal, state, or local safety regulations, as they may apply to its scope of work. City shall not be responsible for inspection of Contractors safety practices or for safety violations caused by Contractor. 20.0 Conflict of Interest Contractor warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 at seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Contractor shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. 21.0 General Provisions 21.1 Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is San Diego County, North County Judicial Branch, California. 21.2 Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21.3 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22.0 Contractor's Books and Records /Audit Richt 22.1 Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor. Blue Pacific Engineering & Construction Contact Page 12 c c 22.2 Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 22.3 Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Council, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available for review and copying at Contractor's address indicated for receipt of notices in this Agreement. 22.4 City may, by written request by any of the above -named officers, require that custody of the records be given to City and that the records and documents be maintained in the City Managers office. Access to such records and documents shall be granted to any party authorized by Contractor's representatives, or Contractor's successor in interest. 23.0 Subcontractin If the Contractor subcontracts for any of the work to be performed under this Contract, Contractor shall be fully responsible to the City for the acts and omissions of Contractors subcontractors and for the persons either directly or indirectly employed by the subcontractors, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relationship between any subcontractor of Contractor and the City. Contractor shall bind every subcontractor to the terms of the Contract applicable to Contractors work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. • 24.0 Written Notification Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. Blue Pacific Engineering & Construction Contract Page 13 City of Encinitas: Director Parks and Recreation Department City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 If to Contractor. Blue Pacific Engineering & Construction Attn: Shahrem Elihu 7330 Opportunity Road, Ste. A San Diego, CA 92111 25.0 Contractor's Awareness and Compliance with The Americans With Disabilities Act Of 1990 Contractor certifies that Contractor is aware of the requirements of the Americans with Disabilities Act of 1990 (42 U. S. Code §12101) and has complied with and will comply with these requirements, including but not limited to verifying compliance of their contractors, consultants, agents and employees. CITY OF ENCINITAS 111/;tj 02,D Pamela Antil, (Date) City Manager APPROVED S TO FORM r I 29'L 10/28/2020 lie E. D aney, Date) City Attorney BLUk PACIFIC ENGINEERING & CO TRUC ION Z Shahram Elihu, (Date) Sole Proprietor Blue Pacific Engineering & Construction Contract Page 14 City of Encinitas: Director Parks and Recreation Department City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 If to Contractor: Blue Pacific Engineering & Construction Attn: Shahram Elihu 7330 Opportunity Road, Ste. A San Diego, CA 92111 25.0 Contractor's Awareness and Compliance with The Americans With Disabilities Act Of 1990 Contractor certifies that Contractor is aware of the requirements of the Americans with Disabilities Act of 1990 (42 U. S. Code §12101) and has complied with and will comply with these requirements, including but not limited to verifying compliance of their contractors, consultants, agents and employees. CITY OF ENCINITAS Pamela Amil, (Date) City Manager APPROVED AS TO FORM Leslie E. Devaney, Date) City Attorney BLUE PACIFIC ENGINEERING & CO TRUC ION 2 Shahram Elihu, (Date) Sole Proprietor Blue Pacific Engineering & Construction Contract Page 14 ATTACHMENT "A" CONTRACTOR'S OBLIGATIONS CONTRACTOR: Blue Pacific Engineering & Construction SCOPE OF WORK SUMMARY The work to be done generally includes demolition and debris removal and courtyard construction at the Encinitas Senior Center identified in the Bid Set supplied by RRM Design. The work under this contract includes the furnishing of labor, materials, services, and transportation, except as specifically excluded, which is required for the completion of the project in accordance with the provisions of the Contract Documents. The work will be conducted in a single phase. Contractor shall coordinate the construction schedule and operations with the City. Contractorr''s Initials: Date: .2}�2A _ Blue Pacific Engineering & Construction Contract Page 15 ATTACHMENT "B" PAYMENT OF SERVICES CONTRACTOR: Blue Pacific Engineering & Construction • Payment for services as described in Attachment "A" Contractor's Obligations will be provided by the contractor for a total contract cost of $97,000. Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The City shall endeavor to pay each invoice within these payment terms and will not accept late charges. Contractors Initials: Date: 1 0i 02.0 T Blue Pacific Engineering & Construction Contract Page 16 ATTACHMENT 44C" LISTING OF SUBCONTRACTORS CONTRACTOR: Blue Pack Engineering & Constmclion Subcontractor Name Business Address License# Work Activ'dy None Contractor's Initials: , Date: I 22� &218 Blue Pacific Engineering & Construction Contract Page 17 ATTACHMENT "Drr AFFIDAVIT OF NON - COLLUSION CONTRACTOR: Blue Pacific Engineering & Construction NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Senior Center Courtyard Improvement Project PR- RFD -20 -06 State of California, County of San Diego: says being first duly sworn, deposes and or net in any manner, directly crindirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fu any aveMesd, prord, or cost element of the bid price, or of Met of any pier bidder, of to secure any advantage against the public body awarding the contract W anyone Interested In the proposed contract; [hat all statements contained in the bid are true; and, further, Mat the bidder has not, directly or IrMlre ttly, submitted his or her bid price or any breakdown thereof, or Me contents thereof, or divulged information or coca relative Mareto, or paid, and will not pay, any fee to any corporation, partnership, company association, omanlzatlon, bid depository, orb n member or agent thereof to effectuate a collusive or shaddrrltd. n / I Signature of Bidder 7990 Opportunity Road, Suits A, San Bless, CA 92111 Business Address 927 El Pedregal, Solana Beach CA 92075 Place of Residence Subscribed and sworn to before me this day of SEE ATTACHED Public In and for Me County of , Some of California. My Commission E prres Blue Pacific Engineering & Construction Contract Page 18 CALIFORNIA ALL- WRPOSE ACKNOWLEDGMENT GIWLGOOE§HtIB 4 ws lc Pe lovely E u M o�mte auh, and M me interiors, or validity, ormat miumat State M Cellfomlfl ) County or San Dreoo ) On oPRUZeO More me, Richard! 11,1111am Egan, history Pudlc Oele Hader Mount fewer mW Tlfle of me Offer personally appeared Staten aid, Nemri(d WSigner(q who pravetl to me on the bins of eahsfac[ary evidence to be Me pe Sol lel whose names) islets subsumed W Me within hismun M and acknowledged to me Net M1a/eNfl0 y executed Me same In M1leMmpMkeuMmized capetlry(bel, and Met by mthe Ina urnamthe persono), or the angry upon behalf of which the persons) acted, a odl Me Instrument. 1 certafy under PENALTY OF PERJURY under Me laws of Me State a California that tM forsorem paragraph Is two and ccfrect. WRNESS my hound alW oflldal seal. Signature sMM Ur W ware Place NMary SwlenNw SYempAOOVe ConwKdnn mu rt,mianon can d.MNM1rction of one, documenf or Manuel raercecnment of We sml m an vnulrenmd documenl. Deva9ptlon 0 AtteWed Document Tme or Type of oogumenn Dmwrenl Mae asnlnaxo Numlwr at ragK Slgnerls) Mar Then Named Abate: Capealrytlec) Clalnred by Slgneljs) sherries Name: Shatem Elmu $IgneYa Nema: • Corporate officer — Mass): 0comamte concern —T lele): • Pedner— 0United ❑General 0 Further — oumtted ❑Genani • Memoirist 0Atoney in Feel olndii,duel 0Attemay In Pmt 0-frusta, OStation or extenuation ❑Trustee ❑Guardian or COneervatar WMar. Sole Pmotletmfileg Owner of glue Paclnc 0Other. Signer Is Repnaa ml Signer Is Representing: Contractor's Initials: Date: Blue Pacific Engineering & Construction Contract Page 19