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.
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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
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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.
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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.
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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,
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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.
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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
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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
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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 ").
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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.
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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.
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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.
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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