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CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
LED STREET LIGHT RETROFIT PROJECT
This Contract is made and entered into this ' �', day of #1zaws 2014 by and between the City of Arcadia, a municipal organization organized under t of
the State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 ( "City ") and Comet Electric, Inc., a California Corporation with its principal
place of business at 21625 Prairie Street, Chatsworth, California 91311 ( "Contractor "). City and
Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this
Contract.
RECITALS
A. City is a municipal corporation organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose.
B. Contractor desires to perform and assume responsibility for the provision of
certain construction services required by the City on the terms and conditions set forth in this
Contract. Contractor represents that it is experienced in providing LED street light installation
services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the Services in the State of California, and that is familiar with
the plans of the City.
C. City desires to engage Contractor to render such services for the LED Street
Light Retrofit Project ( "Project ") as set forth in this Contract.
The City and the Contractor for the considerations stated herein agree as follows:
CONTRACT
Parties.
1.1 City's Representative. The City hereby designates Dave McVey, General
Services Superintendent, or his designee, to act as its representative for the performance of this
Contract ( "City's Representative "). City's Representative shall have the power to act on behalf
of the City for all purposes under this Contract. Contractor shall not accept direction or orders
from any person other than the City's Representative or his designee.
1.2 Contractor's Representative. Before starting the Work, Contractor shall submit in
writing the name, qualifications and experience of its proposed representative who shall be
subject to the review and approval of the City ( "'Contractor's Representative "). Following
approval by the City, the Contractor's Representative shall have full authority to represent and
act on behalf of the Contractor for all purposes under this Contract. The Contractor's
Representative shall supervise and direct the Work, using his best skill and attention, and shall
be responsible for all construction means, methods, techniques, sequences and procedures and
for the satisfactory coordination of all portions of the Work under this Contract. Contractor's
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Representative shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in progress
and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency
Work which may be required. Should Contractor desire to change its Contractor's
Representative, Contractor shall provide the information specified above and obtain the City's
written approval.
2. Incorporation of Documents. This Contract includes and hereby incorporates in full by
reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto: Exhibit A Scope of Work, Exhibit B
Compensation, Exhibit C Payment and Performance Bond Requirements, Exhibit D
Responsibility Matrix, Exhibit E Substitution Request Form, Exhibit F Daily Progress Report
Form, Exhibit G Construction Punch list, Exhibit H Notice of Construction Completion and
Warranty Period Form.
3. Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its
own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services,
and incidental and customary work necessary to fully and adequately complete the Project,
including all structures and facilities necessary for the Project or described in the Contract
(hereinafter sometimes referred to as the "Work "), for a Total Contract Price as specified
pursuant to this Contract. All Work shall be subject to, and performed in accordance with the
above referenced documents, as well as the exhibits attached hereto and incorporated herein
by reference. The specifications for the Work are further described in Exhibit "A" attached
hereto and incorporated herein by this reference.
4. Change in Scope of Work. Any change in the scope of the work, method of
performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change,
addition or deletion is approved in advance and in writing by a valid change order executed by
the City.
5. Period of Performance and Liquidated Damages. Contractor shall perform and complete
all Work under this Contract within 120 days working days, beginning the effective date of the
Notice to Proceed ( "Contract Time "). Contractor shall perform its Work in strict accordance with
any completion schedule, construction schedule or project milestones developed by the City.
Such schedules or milestones may be included as part of Exhibit "A" attached hereto, or may be
provided separately in writing to the Contractor. Contractor agrees that if such Work is not
completed within the aforementioned Contract Time and /or pursuant to any such completion
schedule, construction schedule or project milestones developed pursuant to provisions of the
Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages the sum of One Hundred Dollars ($100.00) per day for each and every calendar day
of delay beyond the Contract Time or beyond any completion schedule, construction schedule
or Project milestones established pursuant to the Contract.
6. Standard of Performance; Performance of Employees. Contractor shall perform and
complete all Work under this Contract in a skillful and workmanlike manner, and consistent with
the standards generally recognized as being employed by professionals in the same discipline
in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
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subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications, and approvals of whatever nature that are legally required to perform the
Work, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Contract. As provided for in the indemnification
provisions of this Contract, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any work necessary to correct errors or omissions which are
caused by the Contractor's failure to comply with the standard of care provided for herein. Any
employee who is determined by the City to be uncooperative, incompetent, a threat to the safety
of persons or the Work, or any employee who fails or refuses to perform the Work in a manner
acceptable to the City, shall be promptly removed from the Project by the Contractor and shall
not be re- employed on the Work.
7. Substitutions / "Or Equal ".
7.1 Pursuant to Public Contract Code Section 3400(b) the City may make a finding
that designates certain products, things, or services by specific brand or trade name. Unless
specifically designated in this Contract, whenever any material, process, or article is indicated or
specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications
shall be deemed to be used for the purpose of facilitating the description of the material,
process or article desired and shall be deemed to be followed by the words "or equal."
7.2 Contractor may, unless otherwise stated, offer for substitution any material,
process or article which shall be substantially equal or better in every respect to that so
indicated or specified in this Contract. However, the City may have adopted certain uniform
standards for certain materials, processes and articles. Contractor shall submit requests,
together with substantiating data, for substitution of any "or equal" material, process or article no
later than thirty-five (35) days after award of the Contract. To facilitate the construction
schedule and sequencing, some requests may need to be submitted before thirty -five (35) days
after award of Contract. If the City has specified particular deadlines prior to the thirty -five day
period after contract award, such deadlines, if any, shall be set forth in the Special Conditions
attached hereto. Provisions regarding submission of "or equal" requests shall not in any way
authorize an extension of time for performance of this Contract. If a proposed "or equal"
substitution request is rejected, Contractor shall be responsible for providing the specified
material, process or article. The burden of proof as to the equality of any material, process or
article shall rest with the Contractor.
7.3 The City has the complete and sole discretion to determine if a material, process
or article is an "or equal" material, process or article that may be substituted. Data required to
substantiate requests for substitutions of an "or equal" material, process or article data shall
include a signed affidavit from the Contractor stating that, and describing how, the substituted
"or equal" material, process or article is equivalent to that specified in every way except as listed
on the affidavit. Substantiating data shall include any and all illustrations, specifications, and
other relevant data including catalog information which describes the requested substituted "or
equal" material, process or article, and substantiates that it is an "or equal" to the material,
process or article. The substantiating data must also include information regarding the durability
and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to
submit all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
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7.4 The Contractor shall bear all of the City's costs associated with the review of
substitution requests. The Contractor shall be responsible for all costs related to a substituted
"or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to
review any findings made pursuant to Public Contract Code section 3400.
8. Stormwater Pollution Prevention Plan. If applicable, the Contractor shall file a Notice of
Intent and procure a State Water Resources Control Board (State Water Board) National
Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for
Discharges of Storm Water Runoff Associated with Construction Activity (Permit). The
Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution
Prevention Plan (SWPPP) prior to initiating work. The Contractor shall be responsible for
procuring, implementing and complying with the provisions of the Permit and the SWPPP,
including the standard provisions, monitoring and reporting requirements as required by Permit.
It shall be the responsibility of the Contractor to evaluate and include in the Total Contract Price,
the cost of procuring the Permit and preparing the SWPPP as well as complying with the
SWPPP and any necessary revisions to the SWPPP. The Contractor shall also include in the
Total Contract Price the cost of monitoring as required by the Permit.
9. Control and Payment of Subordinates; Contractual Relationship. City retains Contractor
on an independent contractor basis and Contractor is not an employee of City. Any additional
personnel performing the work governed by this Contract on behalf of Contractor shall at all
times be under Contractor's exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance under this
Contract and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, and workers' compensation insurance.
10. City's Basic Obligation. City agrees to engage and does hereby engage Contractor as
an independent contractor to furnish all materials and to perform all Work according to the terms
and conditions herein contained for the sum set forth. Except as otherwise provided in the
Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance
by the Contractor of the services and obligations required by this Contract, the above
referenced compensation in accordance with compensation provisions set forth in the Contract.
11. Compensation and Payment.
11.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of THREE HUNDRED
EIGHTY -TWO THOUSAND, FOUR HUNDRED SIXTY -FOUR DOLLARS AND FORTY -THREE
CENTS, ($382,464.43) ( "Total Contract Price ") provided that such amount shall be subject to
adjustment pursuant to the applicable terms of this Contract or written change orders approved
and signed in advance by the City.
11.2 Payment of Compensation. City will compensate for work performed and fixtures
installed once the project is complete and the project's installation report has been approved by
the City and Southern California Edison (SCE). The Contractor shall certify that the Work for
which payment is requested has been done and that the materials listed are stored where
indicated. Contractor may be required to furnish a detailed schedule of values upon request of
the City and in such detail and form as the City shall request, showing the quantities, unit prices,
overhead, profit, and all other expenses involved in order to provide a basis for determining the
amount of payment.
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City shall review and pay payment requests in accordance with the provisions set
forth in Section 20104.50 of the California Public Contract Code. No progress payments will be
made for Work not completed in accordance with this Contract.
11.3 Contract Retentions. [INTENTIONALLY OMITTED]
11.4 Other Retentions. [INTENTIONALLY OMITTED]
11.5 Substitutions for Contract Retentions. In accordance with California Public
Contract Code Section 22300, the City will permit the substitution of securities for any monies
withheld by the City to ensure performance under the Contract. At the request and expense of
the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or
with a state or federally chartered bank in California as the escrow agent, and thereafter the City
shall then pay such monies to the Contractor as they come due. Upon satisfactory completion
of the Contract, the securities shall be returned to the Contractor. For purposes of this Section
and Section 22300 of the Public Contract Code, the term "satisfactory completion of the
contract" shall mean the time the City has issued written final acceptance of the Work and filed
a Notice of Completion as required by law and provisions of this Contract. The Contractor shall
be the beneficial owner of any securities substituted for monies withheld and shall receive any
interest thereon. The escrow agreement used for the purposes of this Section shall be in the
form provided by the City.
12. Title to Work. As security for partial, progress, or other payments, title to Work for which
such payments are made shall pass to the City at the time of payment. To the extent that title
has not previously been vested in the City by reason of payments, full title shall pass to the City
at delivery of the Work at the destination and time specified in this Contract. Such transferred
title shall in each case be good, free and clear from any and all security interests, liens, or other
encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or
otherwise encumber the items in any manner that would result in any lien, security interest,
charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by
the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and
shall not relieve Contractor of responsibility for any loss of or damage to items.
13. Termination.
13.1 If Contractor fails to commence work as provided in this Contract, or fails to make
delivery of materials promptly as ordered, or to maintain the rate of delivery or progress of the
work in such manner as in the opinion of City's authorized representative will ensure a full
compliance with the Contract within the time limit, or if in the opinion of City's authorized
representative, Contractor is not carrying out the provisions of the contract in their true intent
and meaning, written notice will be served on Contractor and its Surety to provide, within a
specified time to be fixed by City's authorized representative, for satisfactory compliance with
the Contract. If Contractor neglects or refuses to comply with such notice within the time therein
fixed, he /she shall not thereafter exercise any rights under said Contract or be entitled to receive
any of the benefits thereof, except as hereinafter provided, and City's authorized representative
may, with the approval of the City Council, perform any part of the work or purchase any or all of
the material included in the Contract or required for the completion thereof, or take possession
of all or any part of the machinery, tools, appliances, materials and supplies used in the work
covered by the Contract or that have been delivered by or on account of Contractor for use in
connection therewith, and the same may be used either directly by City or by other parties for it,
in the completion of the work.
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13.2 City has the right to terminate or abandon any portion or all of the work under this
Contract by giving ten (10) calendar days written notice to Contractor. In such event, City shall
be immediately given title and possession to all original field notes, drawings and specifications,
written reports and other documents produced or developed for that portion of the work
completed and /or being abandoned. City shall pay Contractor the reasonable value of services
rendered for any portion of the work completed prior to termination. If said termination occurs
prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Contractor of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Contractor shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
13.3 Contractor may terminate its obligation to provide further services under this
Contract upon thirty (30) calendar days' written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Contract through no fault of
Contractor.
14. Completion of Work. When the Contractor determines that it has completed the Work
required herein, Contractor shall so notify City in writing and shall furnish all labor and material
releases required by this Contract. City shall thereupon inspect the Work. If the Work is not
acceptable to the City, the City shall indicate to Contractor in writing the specific portions or
items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has
completed the incomplete or unsatisfactory Work, Contractor may request a re- inspection by the
City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price,
less any amount which City may be authorized or directed by law to retain.
15. Contract Interpretation. Should any question arise regarding the meaning or import of
any of the provisions of this Contract or written or oral instructions from City, the matter shall be
referred to City's Representative, whose decision shall be binding upon Contractor.
16. Loss and Damage. Except as may otherwise be limited by law, the Contractor shall be
responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted
by City.
17. Indemnification.
17.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and
hold harmless the City, its respective officials, officers, agents, employees, and representatives
( "Indemnitees ") from any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages (including without limitation the payment of all consequential damages and
attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of
whether the allegations are false, fraudulent, or groundless, to tangible property or persons
(including wrongful death, accidents or injuries arising from the alleged failure to inspect or to
maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of
products or in rendering services under the Contract Documents, such as automobile accidents,
trip /slip and fall accidents and third party assaults) arising out of or resulting from the
performance of the Work or this Contract (including claims made by subcontractors for
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nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the
Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at
Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against the City, its respective officials, officers, agents, employees and
representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against the City and its respective officials, officers,
agents, employees, and representatives, in any such suit, action or other legal proceeding.
Contractor shall reimburse the City and its respective 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.
17.2 The duty to defend and to hold harmless, as set forth above, shall include the
duty to defend as established by Section 2778 of the California Civil Code, and the duty to
defend shall arise upon the making of any claim or demand against the City, its respective
officials, officers, agents, employees and representatives, notwithstanding that no adjudication
of the underlying facts has occurred, and whether or not Contractor has been named in the
claim or lawsuit.
17.3 Nothing contained in the preceding sections shall be deemed to obligate the
Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or
any other loss, damage or expense sustained, suffered or incurred on account of death or bodily
injury to active persons or injury to property caused by the sole negligence or willful misconduct
of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal
proceedings or agreement, that the Contractor has no direct contributory or incidental
negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no
way a proper party to a particular claim, then the Contractor shall not be obligated to hold the
City or any Indemnitees harmless with respect to said claim. However, until such determination
is made by legal proceedings or agreement, or if the Contractor is found to have any degree of
direct or contributory negligence or if it is determined that the Contractor is in any way or to any
degree a proper party to said claim, then the Contractor's obligations under all of the terms and
provisions of the preceding section shall remain in full force and effect.
17.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be
deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified
under this Article, pending a determination of the respective liabilities of the City or any
Indemnitee, by legal proceeding or agreement.
17.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract,
Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and
hold harmless as provided in this Contract shall not in any way be affected or diminished by any
statutory or constitutional immunity it enjoys from suits by its own employees or from limitations
of liability or recovery under workers' compensation laws.
18. Insurance.
18.1 Time for Compliance. Contractor shall not commence Work under this Contract
until it has provided evidence satisfactory to the City that it has secured all insurance required
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under this section. In addition, Contractor shall not allow any subcontractor to commence work
on any subcontract until it has provided evidence satisfactory to the City that the subcontractor
has secured all insurance required under this section.
18.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain
for the duration of the Contract insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Work hereunder by
the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also
require all of its subcontractors to procure and maintain the same insurance for the duration of
the Contract. Such insurance shall meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as the
latest version of the following: (1) General Liability. Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less
than: (1) General Liability: $1,000,000; per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a general
aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate
limit shall apply separately to this Contract/location or the general aggregate limit shall be twice
the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Workers' Compensation and Employer's Liability: Workers'
compensation limits as required by the Labor Code of the State of California. Employer's
Liability limits of $1,000,000 per accident for bodily injury or disease.
18.3 Insurance Endorsements. The insurance policies shall contain the following
provisions, or Contractor shall provide endorsements on forms supplied or approved by the City
to add the following provisions to the insurance policies:
(a) General Liability. (1) The City, its directors, officials, officers, and
employees shall be covered as additional insureds with respect to the Work or operations
performed by or on behalf of the Contractor, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any
insurance or self- insurance maintained by the City, its directors, officials, officers, and
employees, shall be excess of the Contractor's insurance and shall not be called upon to
contribute with it.
(b) Automobile Liability. (1) The City, its directors, officials, officers, and
employees shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, and employees or if
excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled
underlying coverage. Any insurance or self- insurance maintained by the City, its directors,
officials, officers, and employees shall be excess of the Contractor's insurance and shall not be
called upon to contribute with it in any way.
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M.
(c) Workers' Compensation and Employer's Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the City, its directors, officials, officers, and
employees for losses paid under the terms of the insurance policy which arise from work
performed by the Contractor.
(d) All Coverages. Each insurance policy required by this Contract shall be
endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled
except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City; and (2) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, and employees.
18.4 Separation of Insureds; No Special Limitations. All insurance required by this
Section shall contain standard separation of insureds provisions. In addition, such insurance
shall not contain any special limitations on the scope of protection afforded to the City, its
directors, officials, officers, and employees.
18.5 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. Contractor shall guarantee that, at the
option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects the City, its directors, officials, officers, and employees; or (2) the
Contractor shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
18.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to
the City.
18.7 Verification of Coverage. Contractor shall furnish City with original certificates of
insurance and endorsements effecting coverage required by this Contract on forms satisfactory
to the City. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied
or approved by the City. All certificates and endorsements must be received and approved by
the City before work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
18.8 Subcontractors. All subcontractors shall meet the requirements of this Section
before commencing Work. In addition, Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
18.9 Reporting of Claims. Contractor shall report to the City, in addition to
Contractor's insurer, any and all insurance claims submitted by Contractor in connection with
the Work under this Contract.
19. Bond Requirements.
19.1 Payment Bond. If required by law because the Total Contract Price exceeds
$25,000 or otherwise specifically requested by City in Exhibit "C" attached hereto and
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incorporated herein by reference, Contractor shall execute and provide to City concurrently with
this Contract a Payment Bond in an amount required by the City and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until the
bond has been received and approved by the City.
19.2 Performance Bond. If specifically requested by City in Exhibit "C" attached
hereto and incorporated herein by reference, Contractor shall execute and provide to City
concurrently with this Contract a Performance Bond in an amount required by the City and in a
form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until the bond has been received and approved by the City.
19.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or
any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond
within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends
to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given
to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior
to expiration of the original bonds. No further payments shall be deemed due or will be made
under this Contract until any replacement bonds required by this Section are accepted by the
City. To the extent, if any, that the Total Contract Price is increased in accordance with the
Contract, the Contractor shall, upon request of the City, cause the amount of the bond to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
City. If the Contractor fails to furnish any required bond, the City may terminate the Contract for
cause.
19.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as
defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a
California- admitted surety insurer issuing bonds does not meet these requirements, the insurer
will be considered qualified if it is in conformance with Section 995.660 of the California Code of
Civil Procedure, and proof of such is provided to the City.
20. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage
to any person or property. Contractor shall comply with the requirements of the specifications
relating to safety measures applicable in particular operations or kinds of work. In carrying out
its Work, the Contractor shall at all times be in compliance with all applicable local, state and
federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the Work and the conditions under which the Work is to
be performed. Safety precautions as applicable shall include, but shall not be limited to,
adequate life protection and life saving equipment; adequate illumination for underground and
night operations; instructions in accident prevention for all employees, such as machinery
guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures,
trenching and shoring, fall protection and other safety devices, equipment and wearing apparel
as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for
the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall
prominently display the names and telephone numbers of at least two medical doctors
practicing in the vicinity of the Project, as well as the telephone number of the local ambulance
service, adjacent to all telephones at the Project site.
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21. Warranty. Contractor warrants all Work under the Contract (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non - conforming materials incorporated into the Work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year
(or the period of time specified elsewhere in the Contract or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after
being notified in writing by the City of any defect in the Work or non - conformance of the Work to
the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the
City in response to an emergency. In addition, Contractor shall, at its sole cost and expense,
repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective
Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work
shall be reinstated for an additional one year period, commencing with the date of acceptance of
such corrected Work. Contractor shall perform such tests as the City may require to verify that
any corrective actions, including, without limitation, redesign, repairs, and replacements comply
with the requirements of the Contract. All costs associated with such corrective actions and
testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of
the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties
and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform
its obligations under this Section, or under any other warranty or guaranty under this Contract,
to the reasonable satisfaction of the City, the City shall have the right to correct and replace any
defective or non - conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse
the City for any expenses incurred hereunder upon demand.
22. Laws and Regulations. Contractor shall keep itself fully informed of and in compliance
with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Contract or the Work, including all Cal /OSHA requirements, and shall give
all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Work. If the Contractor observes that the drawings or
specifications are at variance with any law, rule or regulation, it shall promptly notify the City in
writing. Any necessary changes shall be made by written change order. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, the Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of California subject to certain provisions of the
Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State.
It is stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Contract to the same extent as though set forth herein and will be
complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
22.1 Immigration Reform and Control Act. Contractor acknowledges that Contractor,
and all subcontractors hired by Contractor to perform services under this Agreement, are aware
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of and understand the Immigration Reform and Control Act ( "IRCA "). Contractor is and shall
remain in compliance with the IRCA and shall ensure that any subcontractors hired by
Contractor to perform services under this Agreement are in compliance with the IRCA. In
addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers
and employees, from any liability, damages or causes of action arising out of or relating to any
claims that Contractor's employees, or the employees of any subcontractor hired by Contractor,
are not authorized to work in the United States for Contractor or its subcontractor and /or any
other claims based upon alleged IRCA violations committed by Contractor or Contractor's
subcontractor(s).
23. Permits and Licenses. Contractor shall be responsible for securing City permits and
licenses necessary to perform the Work described herein, including, but not limited to, a City
Business License. While Contractor will not be charged a fee for any City permits, Contractor
shall pay the City's applicable business license fee. Any ineligible contractor or subcontractor
pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
24. Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed
by this Contract entails excavation of any trench or trenches five (5) feet or more in depth,
Contractor shall comply with all applicable provisions of the California Labor Code, including
Section 6705. To this end, Contractor shall submit for City's review and approval a detailed
plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker
protection from the hazard of caving ground during the excavation of such trench or trenches. If
such plan varies from the shoring system standards, the plan shall be prepared by a registered
civil or structural engineer.
25. Hazardous Materials and Differing Conditions. As required by California Public Contract
Code Section 7104, if this Contract involves digging trenches or other excavations that extend
deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance
of any conditions, notify City of: (1) any material discovered in excavation that Contractor
believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class
III disposal site; (2) subsurface or latent physical conditions at the site differing from those
indicated by City; and (3) unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon notification,
City shall promptly investigate the conditions to determine whether a change order is
appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled
completion date and shall proceed with all Work to be performed under the Contract, but shall
retain all rights provided by the Contract or by law for making protests and resolving the dispute.
26. Underground Utility Facilities. To the extent required by Section 4215 of the California
Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing
damage to underground utility facilities not caused by the failure of Contractor to exercise
reasonable care; (2) removing or relocating underground utility facilities not indicated in the
construction drawings; and (3) equipment necessarily idled during such work. Contractor shall
not be assessed liquidated damages for delay caused by failure of City to provide for removal or
relocation of such utility facilities.
27. Labor Code Provisions.
27.1 Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seg., and 1770, et se g., as well as California Code of Regulations, Title
8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing
Revised 05/12
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wage rates and the performance of other requirements on "public works" and "maintenance"
projects. Since the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Contract. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Contractor's principal
place of business and at the project site. Contractor shall defend, indemnify and hold the City,
its elected officials, officers, and employees free and harmless from any claim or liability arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws.
27.2 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if
Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with
the provisions of Section 1777.5 of the California Labor Code with respect to the employment of
properly registered apprentices upon public works. The primary responsibility for compliance
with said section for all apprenticeable occupations shall be with Contractor.
27.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a
legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit
a penalty of $25.00 per worker for each day that each worker is permitted to work more than
eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except
when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic
rate for that worker.
27.4 Payroll Records. Contractor and each subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed by him or her in connection
with the public work. The payroll records shall be certified and shall be available for inspection
at all reasonable hours at the principal office of Contractor in the manner provided in Labor
Code section 1776. In the event of noncompliance with the requirements of this section,
Contractor shall have 10 days in which to comply subsequent to receipt of written notice
specifying in what respects such Contractor must comply with this section. Should
noncompliance still be evident after such 10 -day period, the Contractor shall, as a penalty to
City, forfeit not more than $50.00 for each calendar day or portion thereof, for each worker, until
strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor
Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of
Labor Standards Enforcement, such penalties shall be withheld from progress payments then
due. The responsibility for compliance with this section is on the Contractor.
27.5 Contractor's Labor Certification. By its signature hereunder, Contractor certifies
that he is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Work.
28. Labor and Material Releases. Contractor shall furnish City with labor and material
releases from all subcontractors performing work on, or furnishing materials for, the work
governed by this Contract prior to final payment by City.
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29. Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and that it shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, sex, age or other interests protected
by the State or Federal Constitutions. Such non - discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
30. Anti -Trust Claims. This provision shall be operative if this Contract is applicable to
California Public Contract Code Section 7103.5. In entering into this Contract to supply goods,
services or materials, the Contractor hereby offers and agrees to assign to the City all rights,
title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700,
of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods,
services, or materials pursuant to the Contract. This assignment shall be made and become
effective at the time the City tender final payment to the Contractor, without further
acknowledgment by the Parties.
31. Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of
$375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set
forth in California Public Contract Code §§ 20104, et seg.
32. Claims. Pursuant to Public Contract Code Section 9201, the City shall provide the
Contractor with timely notification of the receipt of any third -party claim, relating to the Contract.
The City is entitled to recover its reasonable costs incurred in providing such notification.
33. Prohibited Interests.
33.1 Solicitation. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor,
to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it
agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation
of this warranty, City shall have the right to terminate this Contract without liability.
33.2 Conflict of Interest. For the term of this Contract, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in
this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition,
Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of
Economic Interest with the City's Filing Officer as required under state law in the performance of
the Work.
34. Certification of License. Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor's license of the classification indicated below
under Contractor's signature.
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35. General Provisions.
35.1 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the
mailing thereof by registered or certified mail, return receipt requested, postage prepaid
and addressed as follows:
35.2 City
Contractor
City of Arcadia Comet Electric, Inc.
240 West Huntington Drive 21625 Prairie Street
Arcadia, CA 91066 Chatsworth, CA 91311
Attn: Dave McVey Attn: Steven P. Goad
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual
notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
35.3 Time of Essence. Time is of the essence in the performance of this Contract.
35.4 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law,
assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor
herein without the prior written consent of City. If Contractor attempts an assignment or transfer
of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate
and revoke the Contract and shall thereupon be relieved from any and all obligations to
Contractor or its assignee or transferee.
35.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
35.6 City's Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
35.7 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, and employees except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content or intent of
this Agreement.
35.8 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
Re, i,ed0� I'
15
service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel or otherwise.
35.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
35.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
35.11 Governing Law. This Contract shall be governed by California law. Venue shall
be in Los Angeles County.
35.12 Counterparts. This Contract may be executed in counterparts, each of which
shall constitute an original.
35.13 Successors. The Parties do for themselves, their heirs, executors, administrators,
successors, and assigns agree to the full performance of all of the provisions contained in this
Contract.
35.14 Attorneys' Fees. If either Party commences an action against the other Party,
either legal, administrative or otherwise, arising out of or in connection with this Contract, the
prevailing Party in such action shall be entitled to have and recover from the losing Party
reasonable attorneys' fees and all other costs of such action.
35.15 Authority to Enter Contract. Each Party warrants that the individuals who have
signed this Contract have the legal power, right and authority to make this Contract and bind
each respective Party.
35.16 Entire Contract; Modification. This Contract contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Contract may only be modified by a writing signed by both
Parties.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed
on the day and year first above written.
[SIGNATURES ON NEXT PAGE]
Revised 05/12
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CITY OF ARCADIA
: 71: 1-: --:-- �-' � � - - - J
Dominic azzaretto
City Manager
Date
ATTEST:
City Clerk
APPROVED AS TO FORM:
9-t� P.
Stephen P. Deitsch
City Attorney
Revised 05/12
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COMET ELECTRIC, INC.
Name: Adam Sai tm
President
Title
Date:
9/3/2014
Name: A` am Sa i tm
Secretary
Title
Date:
9/3/2014
CONCUR
Tom Tait
Public Works Services Director
EXHIBIT "A"
SCOPE OF WORK
The following scope of work are incorporated into this Contract herein by this reference:
Background
The City of Arcadia currently owns and operates 810 cobrahead streetlights on the LS -2 rate.
This streetlight inventory predominantly consists of High Pressure Sodium Vapor (HPSV)
fixtures.
The City has identified an energy conservation opportunity through the replacement of the City -
owned streetlights with Light- Emitting Diode (LED) fixtures. This project will replace existing LS-
2 cobrahead streetlights with Cree XSP- series LED fixtures.
Table 1.1 presents the inventory of existing cobrahead fixtures and the LED replacement
fixtures to be installed per this Scope of Work (SOW):
Table 1.1: Existing Cobrahead Fixtures and LED Replacement Fixtures
Existing Fixtures
New Fixtures
Wattage
Type
Wattage
Make /Model
Number of
fixtures
50
HPSV
25
CREE XSPR # BXSPRA02FG -US
3
70
HPSV
42
CREE XSPR # BXSPRA02FC -US
61
100
HPSV
53
CREE XSPi # BXSPA02GA -US Wattage Setting A
237
150
HPSV
72.72
CREE XSP2 # BXSPA02HD -US Wattage Setting D
38
200
HPSV
101
CREE XSP2 # BXSPA02HA -US Wattage Setting A
427
250
HPSV
135.2
CREE XSP2L # BXSPA02HO -US Wattage Setting 0
28
0
HPSV
152.1
CREE XSP2L # BXSPA02HN -US Wattage Setting N
12
0
F
HPSV
169
CREE XSP2L # BXSPA02HL -US Wattage Setting L
4
al
810
1. Scope of Work
Technical Specifications
Installations
a) The contractor will remove existing High- Pressure Sodium (HPS) or
Mercury Vapor (MV) street lighting cobrahead fixtures and replace the
fixtures with LEDs as specified in Table 1.1. In the event that the fixture in
the field does not match the fixture specified in the Closeout Checklist for
a particular pole, the contractor shall install a fixture to replace what is in
the field, according to the replacement fixture mappings specified in Table
1.1. The contractor shall then correct the Closeout Checklist to list the
actual fixture removed (type and wattage) and the actual fixture installed
(type and wattage).
18
b) The contractor will ensure that installed fixtures are level to the ground.
c) The contractor will verify in the field that the photocells function properly
after installation.
d) The contractor will furnish labor, materials and incidentals including, but
not limited to, complete lighting fixtures and wiring necessary for the
streetlights to be replaced or retrofit on existing street lighting poles for
120/240 volt circuit street lighting systems.
e) The contractor will provide and install photocells only on fixtures that are
currently installed with photocells.
f) The contractor will manage delivery and staging of material to the site,
including any secured storage considerations.
g) The contractor will properly dispose of all removed fixtures and non -
recyclable materials including hazardous waste, such as lead -based
material.
h) The contractor will be responsible for maintaining traffic control during
installation.
i) During installation, the contractor will ensure that all fixtures and poles
have Utility- compliant labeling and badging and will install or replace all
labels and /or stickers as required.
A full list of specific streetlights to be retrofitted with LED luminaires or retrofit kits will be
provided.
The following parties will be involved during project construction:
• Project Manager (PM): The Energy Network project manager
• Consultant: The Energy Network energy efficiency consultant (supports CM)
• Agency: Public agency representative assigned as Construction Manager (CM)
• Contractor: The installation contractor
2. General
2.1. Terms and Conditions
Contractor will adhere to the following terms and conditions throughout the
project:
a) Contractor will conduct all work between Monday and Friday during
normal working hours, defined as 7:00 am to 4:00 PM in all areas unless
previously scheduled with the Agency.
b) Contractor will comply with safety requirements and practices in
accordance with Agency requirements and Cal /OSHA.
19
c) Contractor will do all that is necessary to maintain a safe working
environment for Contractor's employees, Agency and facility employees
and, the general public who might be present.
d) Contractor will work with the Agency facility staff to understand and abide
by any site - specific security procedures.
e) Contractor will be diligent in following the technical specifications set forth
in this Scope of Work and leave the construction sites with no damage to
streets and roadways, sidewalks, medians, traffic signals, street and
roadway signage, fixture poles and arms, landscaping, and other site
features and characteristics.
f) The site will be, at the conclusion of work, left in a condition of cleanliness
such that no adverse evidence of work remains.
g) Contractor is responsible for securing all necessary permits, including
lane closure permits, and will abide by local laws and regulations.
h) All work will be performed in accordance with all national, state, and local
codes.
i) It is the Contractor's responsibility to include the proper Adjustment
Factor(s) and the necessary tasks and quantities in the Price Proposal for
completion of the work described herein. The risk associated with
incorrect Adjustment Factor(s), missing tasks, and inaccurate quantities
from the Price Proposal shall be borne by the Contractor.
j) Contractor's Price Proposal is based on the final and approved Detailed
Scope of Work and per the inventory shown on the Closeout Checklist
and the corresponding replacement fixture mapping Tables 1.1,
considered as the Base Price. Contractor is to provide unit -based pricing,
for each fixture type and size, as part of this Price Proposal.
k) Prior to ordering equipment and fixtures, Contractor is to verify fixture
quantities, types, and installation needs. Final project invoice price will be
based upon the quantity of each fixture type installed multiplied by the
unit price for that fixture.
2.2. Additional Site Specific Requirements
Contractor will secure all necessary permits to abide by local laws and
regulations.
2.3. Project Management
Contractor will fulfill the following requirements to facilitate project management:
a) Contractor will perform the roles and assume responsibilities as per the
responsibility matrix provided in Appendix D.
b) Contractor will follow the document control procedure established by The
Energy Network. Contractor will transmit any official documentation to the
Agency and copy the PM and Consultant.
c) If Contractor proposes substituting a piece of equipment different from the
design, Contractor will submit a substitution request — Appendix E.
d) Contractor will provide an overall schedule for each week, and a minimum
one week look -ahead schedule identifying work areas for each day and /or
night.
e) At the end of each shift, Contractor will provide a daily progress report log for
that shift to the Agency Construction Manager to facilitate next -day
verification /inspection; communication will also include problems (e.g.,
access issues) and details for the next day's work schedule — Appendix F.
f) The contractor and /or the Agency can initiate a supplemental task order
supported by the PM and Consultant. All parties are responsible for reviewing
supplemental task orders.
g) Contractor will notify the Agency CM when the project has been completed.
a. Close -out will include true -up of the quantity of each retrofit code
installed.
b. Contractor and CM will jointly generate punch list items. Contractor
will perform punch list items.
c. Contractor will furnish the final construction As -Built Documents as
described below.
d. Contractor will cooperate with testing process and final inspection.
2.4. Meetings
The Contractor will attend the following meetings complete with preparation and
follow -up:
a) Pre - construction logistics meeting — for introduction to team members, to
understand roles and responsibilities, to discuss the construction
schedule, and to learn the submittal transmittal process. The PM will
schedule this meeting and the Agency representative, facility personnel
and the Consultant will attend. At the pre- construction meeting, the CM,
PM, Consultant and Contractor will establish a mechanism for ongoing
verification /inspection of work.
b) Construction kick -off meeting — to resolve any remaining pre- construction
issues and begin onsite construction. The PM will schedule this meeting
and the Agency representative, facility personnel, and the Consultant will
attend.
21
c) Submittal review meetings as required - for discussion of major submittal -
related issues that cannot be resolved through the submittal transmittal
process.
d) Regular construction meetings, as needed — to discuss punch list items,
safety issues and the construction progress. The PM or the Consultant
will schedule this meeting and the PM, Consultant, Agency
representative, and other Agency personnel as required, will attend.
e) Final job walk — to convey substantial completion to project team
members and request final acceptance. The Contractor will schedule this
meeting and the PM, the Agency representative, facility personnel and
the Consultant will attend.
Contractor will review meeting minutes circulated by the PM or CM after key
meetings and resolve all action items assigned to the Contractor by the due date
indicated in the minutes.
2.5. Logistics
Contractor will coordinate logistics with the Agency to ensure safe and timely
execution of the work. At a minimum the Contractor will perform the following
activities:
a) Agency representative will provide a safety briefing to the Contractor
upon approval of the construction schedule and prior to the start of
construction.
b) Contractor will work with the Agency to coordinate and develop an
appropriate traffic safety plan.
c) Contractor will comply with safety requirements and practices as outlined
in the NJPA contract and in compliance with local Agency requirements
and in accordance with Cal /OSHA.
d) The Agency will be responsible for notifying residents and businesses in
the area of construction as scheduled and the Contractor will be
responsible for arranging traffic control procedures.
e) Contractor will do everything necessary to maintain a safe working
environment for its employees, Agency employees, facility tenants, and
the general public.
f) A plan for storage and staging area(s) will be determined during the pre -
construction meeting.
g) Contractor will be responsible for the security of the Contractor's property,
equipment, construction materials and all other items on the staging area
or construction site.
h) Contractor will check in with the Agency representative at the start of
each shift. The Agency will facilitate access to scheduled locations.
P
i) All equipment and materials demolished under the terms of this project
are to become the property of the Contractor and are to be removed from
the site and will be disposed of in accordance with state and City
requirements. Recyclable, non - hazardous material will be recycled. Work
areas will be cleaned up prior to vacating for the day.
j) Contractor will coordinate with the Agency CM prior to moving the
Contractor's equipment, tools, and materials onto the construction site at
the start of the project.
3. Submittals
A Contractor will provide submittals as outlined below:
3.1. Preconstruction
Within ten working days of approval of the SOW, Contractor will provide the
following submittals:
a) Proposed construction schedule with major milestones indicated. May
include but not limited to:
• Equipment order
• Anticipated equipment delivery date
• Construction start and completion by site or major area
• Project walk through and punch list development
• Project sign off
b) Work Plan
c) Safety Plan submittal per Cal OSHA standards
d) Construction permits
e) Product data for the equipment specified:
o All new fixtures as specified on Table 1.1
o Photocell
f) Mounting details for new fixtures
3.2. Close -Out
Within ten working days of notifying the PM and Consultant of substantial
completion, Contractor will provide the following submittals:
a) Final updated "as built" records of all newly installed LED streetlights in
the form of electronic GIS records, including all wattages, pole numbers,
locations and other associated attributes; this includes a copy of the
Closeout Checklist spreadsheet that has been updated by the Contractor
to reflect the full inventory of removed and installed fixtures, as verified in
the field.
23
b) Final signed -off punch list — Appendix G.
c) Executed Notice of Construction Completion and Warranty Period —
Appendix H.
d) O &M manuals for installed equipment.
e) Warranty documentation for installed equipment.
Submittals will not be considered complete until they are reviewed and approved
by the Agency. Contractor will make corrections noted by the project team as
per the Consultant's direction, acting on behalf of the Agency, and transmit the
revised submittal for approval.
3.3. Warranty Requirements
All Work furnished shall be guaranteed against defective materials, workmanship
and /or improper performance for a period of one year after final acceptance of
the Work.
Contractor is to provide extended warranty options as separate line items on
Price Proposal for the Agency's consideration.
3.4. Implementation Verification
Contractor will provide a list of fixtures that have been removed and fixtures that
have been installed each week, in the form of an updated Closeout Checklist.
3.5. Close -Out Documents
Contractor will provide the following:
a) At the completion of the project, the Contractor will supply to the Agency
a completed Closeout Checklist spreadsheet listing the existing street
lighting fixtures removed and new fixtures installed including wattage,
fixture type, and location, using a template provided by the Consultant.
b) Within 10 working days of completion of the startup and acceptance test,
the Contractor will train City personnel in all aspects of routine operation,
maintenance, and safety of the LED lighting fixtures installed
24
EXHIBIT "B"
COMPENSATION
This project is being funded by Southern California Edison (SCE) On Bill Financing (OBF)
Program. SCE will compensate the City for work performed and fixtures installed once the
project is compete and the project's installation report has been approved by SCE. The City will
release funds to the Contractor upon receiving payment from SCE. The Contractor shall certify
that the Work for which payment is requested has been done and installation report must be
completed. Contractor may be required to furnish a detailed schedule of values upon request of
the City and in such detail and form as the City shall request, showing the quantities, unit prices,
overhead, profit, and all other expenses involved in order to provide a basis for determining the
amount of payment. City will review and approve such payment requests to be submitted to
SCE.
Contractor expressly acknowledges and agrees that the City shall have no duty to make any
progress payments and that all funds will be released when the project has been completed and
SCE approves the installation report and releases funds to the City. The City will manage the
construction of the Project and approve Contractor's payment application to be submitted to
SCE for payment consistent with the Total Contract Price. City shall have no liability to
Contractor for any delay and /or failure by SCE in making payment. Any increase on the Base
Price due to larger inventory will require written approval by the Agency and will follow
procedures set forth for change orders. Any decrease on Base Price due to smaller inventory
will result in a lower Base Price to the Contractor.
25
BOND NUMBER 72BCSGJ7278
PREMIUM INCLUDED IN PERFORMANCE
BOND
EXHIBIT "C"
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Arcadia (hereinafter designated as the "City "), by action taken or
a resolution passed , 20 has awarded to COMET ELECTRIC, INC.
hereinafter designated as the "Principal," a contract for the work described as follows:
LED STREET LIGHT RETROFIT PROJECT
(the "Project "); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any
materials, provisions, provender, equipment, or other supplies used in, upon, for or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for the
same to the extent hereinafter set forth.
HARTFORD FIRE
NOW THEREFORE, we, the Principal and INSURANCE COMPANY as Surety,
are held and firmly bound unto the City in the penal sum of THREE * Dollars
($ 382,464.43 ) lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
*HUNDRED EIGHTY -TWO THOUSAND FOUR HUNDRED SIXTY -FOUR AND 43/100
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay
any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials,
provisions or other supplies, used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor thereon of any kind, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed under
the contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department or Franchise Tax Board from the wages of
employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties
will pay for the same, in an amount not exceeding the sum herein above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by the City in
such suit, including reasonable attorneys' fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for
performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
26
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery
of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under no
circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City
and original contractor or on the part of any obligee named in such bond, but the sole
conditions of recovery shall be that claimant is a person described in Section 3110 or
3112 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition,
alteration or modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which
shall for all purposes be deemed unoriginal thereof, have been duly executed by the
Principal and Surety above named, on the 12th day of SEPTEMBER
2014 the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed b its undersigned representative pursuant to authority of its
governing body.
(Corporate Seal of Principal, COMET ELECTRIC, INC.
if corporation) Principal (Property of
Contract
By
(Signature Con ractor)
Adam Saitman, Pres nt
HARTFORD FIRE INSURANCE COMPANY
(Seal of Surety)
(Attached Attorney -In -Fact
Certificate and Required
Acknowledgements)
Su
LMIMEW
1. *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and
surety and a power of Attorney MUST BE ATTACHED.
27
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On 7 _j y before me, R. NAPPI "NOTARY PUBLIC"
(Here insert name and title of the o(Ticer)
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the person,(,g�whose name(j? f is /arc subscribed to
the within instrument and acknowledged to me that he /suety executed the same in his /hegk4i i authorized
capacitykie4 and that by his /heTAWir signatureKon the instrument the personX,, or the entity upon behalf of
which the personxacted, executed the instrument.
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. R. NAPPI
COMM. #1977782
cr NOTARY PUBLIC • CALIFORNIA Cn
�C RIVERSIDE COUNTY
(Notary Scal) My Comm. Expires June 7, 2016
Signature of Notary Public/
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses -com
INSTRUCTIONS FOR COMPLETING THIS FORM
An), acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is j a
document is to be recorded outside of California. In such instances, an alternative
acknowledgment verbiage as nrav he printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary no
California (i.e. certifying the authori_ed capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e
lie /she /they- is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
• Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e CEO, CFO, Secretary).
• Securely attach this document to the signed document
Direct Inquiries /Claims to:
POWER OF ATTORNEY THE HARTFORD
BOND, T-4
P.O. BOX 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888 - 266 -3488 or fax. 860 - 757 -5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72- 254507
X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint,
UP to the amount of unlimited:
Michael D. Stong, Rosemary Nappi, Jeremy Pendergast
of
Riverside, CA
their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
Tr taw i•'°„' `, t S
I s! t
r
n�;µ.•rIR.t4O•�
a r.rr ,�.•" ^.. tai tlE7 • 4'{ `� tri • •.t ? •
%/��+ '� +.nta• httNM� 4t.� -. 1p701�_ i4 y7I 979 M �
��. E'ffi Tf,1�p:1At
Scott Sadowsky, Assistant Secretary
STATE OF CONNECTICUT
ss, Hartford
COUNTY OF HARTFORD
i�
M. Ross Fisher, Assistant Vice President
On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
,� re. r
Scott E. Paseka
Notary Public
CERTIFICATE My Commission Expires October 31, 2012
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of /� 7/��
Signed and sealed at the City of Hartford. 7
�rr taw '��� ,,.- -• ixF 1, t tM _ �`,, /' C#�,.��
T.
`r '+1 +` ._ •N anntx,,: h�fiYl► ','s.!• a ~7 ? 1979
f '4s; �,� �'ye♦�N +II '�.•I��� ♦ 'j`'''iINOM1 � N�• '•1(j�ypt`•
Gary W. Stumper, Assistant Vice President
BOND NUMBER 72BCSGJ7278
PREMIUM: $2,245.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City ")
COMET ELECTRIC, INC., (hereinafter referred to as the "Contractor ") an
LIGHT RETROFIT PROJECT (hereinafter referred to as the "Project ").
has awarded to
agreement for LED STREET
WHEREAS, the work to be performed by he Contractor is more particularly set forth in the Contract
Documents for the Project dated 5` D, Z i Ll , (hereinafter referred to as "Contract
Documents "), the terms and conditions of whi h are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, COMET ELECTRIC, ,INC. the undersigned Contractor and
HARTFORD FIRE INSURANCE COMPANY as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of THREE HUNDRED EIGHTY -TWO * DOLLARS, ($ 382,464.43 ),
said sum being not less than one hundred percent (100 %) of the total amount of the Contract, for
which amount well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
*THOUSAND FOUR HUNDRED SIXTY -FOUR AND 43/100
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract Documents
and any alteration thereof made as therein provided, on its part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their intent and meaning;
and shall faithfully fulfill all obligations including the one -year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated
in said Contract Documents, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney's
fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a period
of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to
make full, complete, and satisfactory repair and replacements and totally protect the City from loss
or damage resulting from or caused by defective materials or faulty workmanship. The obligations
of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein
shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
28
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions
in the Contract Documents and upon determination by Surety of the lowest responsive and
responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make
available as work progresses sufficient funds to pay the cost of completion of the Project, less the
balance of the contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the total amount
payable to Contractor by the City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the Contract
Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and
make available as work progresses sufficient funds to pay the cost of completion of the Project, less
the balance of the contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the total amount
payable to Contractor by the City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies
Surety of the City's objection to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents or
to the Project.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 12th day of
SEPTEMBER ,2014
COMET ELECTRIC, INC.
CONTRACTOR/PRINCIPAL
Name
By
Adam Saitman, Pres t
SURETY: HAR IRE INSURANCE COMPANY
By_ 1 (277�1-
A t r ey -ln -Fact HAEL D. ST N
The rate of premium on this bond is $5.87 per thousand. The total amount of premium
charges, $ 2,245.00
(The above must be filled in by corporate attorney.)
29
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
RIVERSIDE
On before me, R. NAPPI "NOTARY PUBLIC"
(Here insert name and title of the officer)
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the person.(,8�whose name(1 is /are subscribed to
the within instrument and acknowledged to me that he /sheftliey executed the same in his /4erA*fe4-r authorized
capacity4e4 and that by his /hea4hpir signature(<on the instrument the personkg'j, or the entity upon behalf of
which the person(Kacted, executed the instrument.
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.
Signature of Notary Publi
R. NAPPI
COMM. #1977782
Cr
C = '` ' NOTARY PUBLIC - CALIFORNIA r? RIVERSIDE COUNTY
(Notary Seal) Comm. Expires June 7, 2016
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description ofattached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Auomey -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA vl2.10.07 800-873 -9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is of a
document is to be recorded outside of California. In such instances, am- alterative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authori_ed capacity of due signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e
he/she /dte�—, is /ere ) or circling the correct forms, Failure to correctly indicate this
information may lead to rejection of document recording.
• The rotary seal impression must be clear and photographically reproducible.
Impression mast not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e CEO, CFO, Secretary).
• Securely attach this document to the signed document
EXHIBIT "D"
RESPONSIBILITY MATRIX
PC = Project Manager (The Energy Network) P = Primary
Agency / CM = Public Agency (Assigned Construction Manager) S = Support
Consultant = Engineering Consultant R = Review
Contractor = Construction Firm A = Approval
Task
PM
Agency
Consultant
Contractor
Construction
Secures Construction Permit
S
S/R
S/R
P
Prepares Construction Schedule
S /R/A
R
P
Performs Construction
P
Document Management
S
P
Submittals /CDs and RFIs
S/R
S/R
P
Approves Invoices
S
P
S/R
Processes Invoices
P
Inspects Work
S
P
S
Construction Progress
Reports /Log
R
R
R
P
Initiates Change Orders
S/R
R
S/R
P/R
Prepares Meeting
Agendas /Minutes
R
R
P
R
Attends Project Meetings
P
P
P
P
Develops Punch Lists
S/R
S
P
Corrects Punch List Items
R
R/A
R
P
O &M Training
S
S
S
P
Final Inspection
R
P
R
S
Acceptance
S
P
S
Lighting /Mechanical As -Built
R
R/A
R
P
Commissioning
30
Task
PM
Agency
Consultant
Contractor
Startup Checklists
R
R
P
Functional Performance Test
Procedures
R
R
P
Start-up Documentation
R
R
P
Functional Performance Tests
R
R
R
P
Systems Manual
R
R
R
P
Measurement & Verification
M&V Plan Development
S/R
P
Data Collection
S
P
S
Analysis
P
Report
S/R
P
P = Primary; S = Support; R = Review, A = Approval
PC = Project Manager (The Energy Network)
Agency / CM = Public Agency (Assigned Construction Manager)
Consultant = Engineering Consultant
Contractor = Construction Firm
31
[Sample Form]
Task Order #:
Project Name:
Contractor:
Subject:
Spec. Section:
Page #:
EXHIBIT "E"
SUBSTITUTION REQUEST
Substitution Request Form
Dwg. #:
Sub:
PRIORITY: ❑ Routine ❑ Urgent ❑ Please Expedite
INFORMATION NEEDED
Bid Item:
Justification:
Cost Comparison to Original Product:
Time Impact:
Quality Impact:
Maintenance Impact:
Warranty Impact:
Safety Impact:
Energy Usage Impact:
Product Lifecycle Impact:
SR #:
PM USE ONLY
Directed To:
Date Received:
Date Transferred:
Date Received:
Date Transferred:
REPLY
Date Reviewer
CC: PM, CM, Consultant, Jobsite File, Inspector File
32
[Sample Form]
Task Order #:
Project Name
Contractor:
[Category]
EXHIBIT "F"
DAILY PROGRESS REPORT LOG
DAILY REPORT LOG
Daily Report #:
Date Submitted:
Date of Shift:
CREW MEMBER LOG (All names of those present on jobsite on date of shift indicated above,
including; PM, Consultant, vendors, deliveries, etc.)
1.
2.
3.
4.
5.
Date
NAME
NAME
6.
7.
8.
9.
10.
Contractor Foreman /Supervisor Signature
Daily record of work performed, location, work completed, any issues that occurred onsite
during the work shift, including but not limited to project milestones, problems, complaints, and
safety related issues:
Date
Contractor Foreman /Supervisor Signature
This log is to be faxed or scanned and e- mailed to Consultant on a daisy basis.
Attach additional sheets as necessary.
33
[Sample Form]
EXHIBIT "G"
CONSTRUCTION PUNCHLIST
CONSTRUCTION PUNCHLIST
❑ Lighting ❑ Mechanical /Controls ❑ Other
Contractor:
Task Order #:
Facility Name: [Category]
Facilitv Address:
Note: Refer to the line -by -line construction record by reference number when available.
Approximate Date
Item # Description of Punch List Item Value Completed
Approximate Total Value:
❑ There are no Punch list Items at this time.
Punch List Created by:
Contractor Representative Date
34
1.
From:
EXHIBIT "H"
NOTICE OF CONSTRUCTION COMPLETION AND WARRANTY PERIOD
To: Agency Representative
(Contractor's Name and Company)
Task Order #:
Project Name:
1) Date of final inspection:
2) Date of construction completion:
3) Warranty period begins:
Warranty Length:
4) Additional Warranties, if any:
Warranty Type:
Warranty Period begins:
Warranty Length:
Ends:
Ends:
5) Have as- builts and other Project documents been submitted?
Yes No Not Applicable
Contractor Signature
Date:
Date:
Agency Representative Signature
(Contractor: After completion of the project, send signed form to Agency Representative to
complete Performance Evaluation on back page. Agency Representative will complete, sign and
return to The Energy Network Project Manager. This form must be completed prior to final
invoice and payment.)
K16i
PERFORMANCE EVALUATION
Agency Representative: After completion of the performance evaluation below, send signed
form to The Energy Network Project Manager. This form must be completed prior to approval of
the final invoice and payment.
Contractor Evaluation
Value: 0 -Low;
4 -High
Note:
Quality of Work:
Timely Performance:
Working Relationship with Agency
and facility Staff:
Competency to Perform
Work/Service:
Sensitivity to Citizen Contact:
Understanding of Project:
Problems Encountered After
Project Completed:
Responsiveness to Problems
During Project:
Agency Representative Signature
The Energy Network Project Manager
36
Date:
Date: