HomeMy WebLinkAboutItem 11f - Fire Station 105 Carpet Installation ProjectContract Mohawk Commercial for
the Fire Station 105 Carpet Replacement
April 2, 2019
Page 1 of 3
DATE: April 2, 2019
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
By: Tyler Polidori, General Services Superintendent
SUBJECT: SHORT FORM CONTRACT WITH MOHAWK COMMERCIAL, INC., FOR
THE FIRE STATION 105 CARPET REPLACEMENT PROJECT IN THE
AMOUNT OF $43,492.83
Recommendation: Approve
SUMMARY
The Fiscal Year 2018-19 Capital Improvement Program (“CIP”) budget provides for the
replacement of the carpet tiles on the second floor at Fire Station 105. Using the State
of California Multiple Award Schedules (“CMAS”) purchasing program enables the City
to streamline the process of procuring flooring material and installation services at the
best price possible.
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute, a Short Form Contract with Mohawk Commercial Inc., for the Fire
Station 105 Carpet Replacement Project in the amount of $43,492.83 .
DISCUSSION
The Public Works Services Department (“PWSD”) is responsible for the maintenance
and repair of all City facilities. The second floor carpet tiles at Fire Station 105 are the
original carpet tiles that were installed over 10 years ago during the building’s
construction. Due to the station’s high-traffic activity, the carpet tiles are worn and
stained beyond repair, and in need of replacement. The Fiscal Year 2018-19 CIP
budget provides for the replacement of the carpet on the second floor at Fire Station
105. In an effort to prevent premature wear and increase the lifespan of the newly
installed flooring, a select combination of wear and stain resistance carpet tile and vinyl
linoleum products will be installed.
The areas of initial entry will receive a highly durable “walk off” carpet tile that has a
thicker pile than traditional carpeting, and increased stain resistance. The high -traffic
hallways will be covered in a plank vinyl linoleum product that will allow for simplified
Contract Mohawk Commercial for
the Fire Station 105 Carpet Replacement
April 2, 2019
Page 2 of 3
routine cleaning and maintenance. The carpet tiles in the dorm and office areas will be
replaced with a color and pattern that will hide dirt more effectively to preserve the
appearance of the carpeting. All Mohawk Commercial, Inc. carpet tiles carry a limited
lifetime warranty, while the vinyl linoleum product offers a 10 -year limited warranty.
The State Department of General Services’ Procurement Division has issued a
purchasing contract to Mohawk Commercial, Inc., through the California Multiple Award
Schedules program for flooring material and installation services. The California
Government Code authorizes public agencies to participate in purchasing agreements ,
like those established by the CMAS, while still adhering to the City’s adopted rules and
procedures for the procurement of goods and services. CMAS contracts offer a wide
variety of commodities and products at prices that have been assessed to be fair,
reasonable, and competitive. By utilizing the CMAS purchasing program, the City is able
to streamline the process of procuring flooring material and installation services for the
Fire Station 105 Carpet Replacement Project. The Public Works Services Department
has reviewed the specifications and CMAS bid documents provided by Mohawk
Commercial, Inc. to insure that they are compatible with the City’s scope of services.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
The total cost for flooring materials and installation services is $43,492.83. Funds in the
amount of $45,000 have been budgeted in the Fiscal Year 2018-19 Capital
Improvement Plan for the Fire Station 105 Carpet Replacement Project.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute a Short Form Contract with Mohawk Commercial Inc., for the Fire
Station 105 Carpet Replacement Project in the amount of $43,492.83 .
Contract Mohawk Commercial for
the Fire Station 105 Carpet Replacement
April 2, 2019
Page 3 of 3
Attachment No. 1 - Proposed Short-Form Contract
Attachment No. 2 - Proposal Mohawk Commercial, Inc.
Attachment No. 3 - CMAS Mohawk Commercial, Inc. Contract Award
24347.00006\9536520.2 1
CITY OF ARCADIA
SHORT-FORM CONSTRUCTION CONTRACT
FIRE STATION 105 CARPET REPLACEMENT PROJECT
This Contract is made and entered into this ______ day of _________________,
2018 by and between the City of Arcadia, a municipal organization organized under the laws of
the State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 (“City”) and Mohawk Commercial, Inc., a Georgia Corporation, with its
principal place of business at 160 South Industrial Blvd., Calhoun, GA 30701 (“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 construction 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
City.
C. City desires to engage Contractor to render such services for the Fire Station
105 Carpet Replacement Project (“Project”) as set forth in this Contract.
The City and the Contractor for the considerations stated herein agree as follows:
CONTRACT
1. Parties.
1.1 City’s Representative. The City hereby designates Tom Tait, Public Works
Services Director, or his or her 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 or her 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
Representative shall devote full time to the Project and either he or his designee, who shall be
24347.00006\9536520.2 2
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: CMAS 4-18-00-0085B.
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 plans and specifications for the Work are further described in Exhibit “A”
attached hereto and incorporated herein by this reference. Special conditions, if any, relating to
the Work are described in Exhibit ”B” 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 45 calendar days, beginning the effective date of the Notice
to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance wit h any
completion schedule, construction schedule or project milestones developed by the City. Such
schedules or milestones may be included as part of Exhibits “A” or “B” 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 FIFTY-SIX DOLLARS AND SIXTY-SIX CENTS
($156.66) 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 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 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,
24347.00006\9536520.2 3
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(c) 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.
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.
24347.00006\9536520.2 4
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 above. Except as otherwise provided in
the Contract, the City shall pay to Contractor, as full consideration f or 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 FORTY-THREE
THOUSAND, FOUR HUNDRED NINETY-TWO DOLLARS AND EIGHTY-THREE CENTS
($43,492.83) (“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. If the Work is scheduled for completion in thirty (30)
or less calendar days, City will arrange for payment of the Total Contract Price upon completion
and approval by City of the Work. If the Work is scheduled for completion in more than thirty
(30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or
before the fifth (5th) day of each month, Contractor shall submit to the City an itemized
application for payment in the format supplied by the City indicating the amount of Work
completed since commencement of the Work or since the last progress payment. These
applications shall be supported by evidence which is required by this Contract and such other
documentation as the City may require. 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,
24347.00006\9536520.2 5
overhead, profit, and all other expenses involved in order to provide a basis for determining the
amount of progress payments.
City shall review and pay all progress 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. From each approved progress payment, five percent (5%)
will be deducted and retained by the City, and the remainder will be paid to Contractor. All
Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to
California Public Contract Code Section 7107.
11.4 Other Withholdings. In addition to Contract retentions, the City may deduct from
each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor’s obligations under the Contract
which Contractor has failed to perform or has performed inadequately; (3) defective Work not
remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be
completed for the unpaid balance of the Total Contract Price or within t he scheduled completion
date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from
the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and
sufficient documentation as required by the Contract or by City during the prosecution of the
Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed;
(10) any sums representing expenses, losses, or damages as determined by the City, incurred
by the City for which Contractor is liable under the Contract; and (11) any other sums which the
City is entitled to recover from Contractor under the terms of the Contract or pursuant to state
law, including Section 1727 of the California Labor Code. The failure by the City to deduct any
of these sums from a progress payment shall not constitute a waiver of the City’s right to such
sums.
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,
24347.00006\9536520.2 6
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.
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. A termination without cause by City shall not act as or be
deemed a waiver of any potential known or unknown City claims associated with Contractor’s
performance prior to the date of termination.
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 reinspection by the
City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price
24347.00006\9536520.2 7
remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section
7107 of the California Public Contract Code.
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 aris e 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
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 m ay 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, related to claims arising out of the City’s
active negligence or willful misconduct.
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
24347.00006\9536520.2 8
injury to active persons or injury to property caused by the active 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 Contracto r 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
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); (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the
State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All
Risk insurance covering for all risks of loss, including explosion, collapse, underg round
excavation and removal of lateral support (and including earthquakes and floods if requested by
the City).
(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
24347.00006\9536520.2 9
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; (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; and (4) Builders’/All Risk:
Completed value of the project.
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, employees,
agents and volunteers 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, employees, agents and
volunteers, 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, employees, agents and volunteers 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,
employees, agents and volunteers 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,
employees, agents and volunteers, 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, employees, agents and volunteers shall
be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any
way.
(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,
employees, agents and volunteers 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, employees, agents and volunteers.
18.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall
provide that the City be named as loss payee. In addition, the insurer shall waive all rights of
subrogation against the City.
18.5 Separation of Insureds; No Special Limitations. All insurance required by this
Section shall contain standard separation of insureds provisions. In addition, such insurance
24347.00006\9536520.2 10
shall not contain any special limitations on the scope of protection afforded to the City, its
directors, officials, officers, employees, agents and volunteers.
18.6 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, employees, agents and
volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
18.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to
the City.
18.8 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.
18.9 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.
18.10 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
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
24347.00006\9536520.2 11
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 lifesaving 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.
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
24347.00006\9536520.2 12
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 an d 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
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
24347.00006\9536520.2 13
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 seq., and 1770, et seq., as well as California Code of Regulations, Title
8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
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, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The
Contractor and each subcontractor shall forfeit as a penalty to the City not more than $200 for
each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing
wage rate for any work done by him, or by any subcontract under him, in violation of the
provisions of the Labor Code.
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
24347.00006\9536520.2 14
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 $100.00 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.
27.6 Labor Compliance. This Project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole
responsibility to evaluate and pay the cost of complying with all labor compliance requirements
under this Contract and applicable law.
27.7 Contractor and Subcontractor Registration. If bids are due on or after March 1,
2015, or this Contract is awarded on or after April 1, 2015, all contractors and subcontractors
that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work
must be registered with the Department of Industrial Relations. No bid will be accepted nor any
contract entered into without proof of the contractor’s and subcontractors’ current registration
with the Department of Industrial Relations to perform public 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.
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
24347.00006\9536520.2 15
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 m ade 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 seq.
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.
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:
24347.00006\9536520.2 16
City Contractor
City of Arcadia Mohawk Commercial Inc.
240 West Huntington Drive 160 South Industrial Blvd.
Arcadia, CA 91066 Calhoun, GA 30701
Attn: Eddie Chan Attn: Libby Gleeson
Principal Civil Engineer Installation Services Manager
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.
35.2 Time of Essence. Time is of the essence in the performance of this Contract.
35.3 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.
35.4 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.
35.5 City’s Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
35.6 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, employees, agents, and volunteers 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.
35.7 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, privile ge, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel or otherwise.
35.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
35.9 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.
24347.00006\9536520.2 17
35.10 Governing Law. This Contract shall be governed by California law. Venue shall
be in Los Angeles County.
35.11 Counterparts. This Contract may be executed in counterparts, each of which
shall constitute an original.
35.12 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.
35.13 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.
35.14 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.
CITY OF ARCADIA MOHAWK COMMERICAL, INC.
Dominic Lazzaretto
City Manager
Name & Title
Attest:
City Clerk
APPROVED AS TO FORM: Name & Title
_______________________ Classification of Contractor’s License
Stephen P. Deitsch
City Attorney
24347.00006\9536520.2 18
EXHIBIT “A”
PLANS AND SPECIFICATIONS
The project plan and proposal (TLF00074 Rev 3 City of Arcadia Fire Station) are incorporated
into this Contract.
24347.00006\9536520.2 19
EXHIBIT “B”
SPECIAL CONDITIONS
NO SPECIAL CONDITIONS FOR THIS PROJECT
20
24347.00006\9536520.2
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 Mohawk Commercial, Inc.
hereinafter designated as the “Principal,” a contract for the work described as follows:
FIRE STATION 105 CARPET REPLACEMENT 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.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of FORTY-THREE
THOUSAND, FOUR HUNDRED NINETY-TWO DOLLARS AND EIGHTY-THREE
CENTS (43,492.83) 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.
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 9100 et seq. 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 i n
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 9100 et seq.
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
21
24347.00006\9536520.2
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 9100 et
seq. 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 _____ day of ______________________
20______ the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative pursuant to authority of its
governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of
Contractor)
By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and surety
and a power of Attorney MUST BE ATTACHED.
24347.00006\9536520.2 22
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Arcadia (hereinafter referred to as “City”) has awarded to
Mohawk Commercial, Inc., (hereinafter referred to as the “Contractor”) an agreement for Fire
Station 105 Carpet Replacement Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which 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, _______________, the undersigned Contractor and
_____________________________________________ 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 FORTY-THREE THOUSAND, FOUR HUNDRED NINETY-
TWO DOLLARS AND EIGHTY-THREE CENTS ($43,492.83), 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.
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 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, Surety shall undertake and faithfully fulfill all such obligations. 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
24347.00006\9536520.2 23
(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 local, California
and federal 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 Contr act 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, including but not limited to the provisions of sections
2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 200_.
CONTRACTOR/PRINCIPAL
Name
By:
SURETY:
By:
Attorney-In-Fact
24347.00006\9536520.2 24
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of
process in California, if different ___________________________________________
from above)
___________________________________________
(Telephone number of Surety and ___________________________________________
Agent or Representative for service
of process in California
Note: Appropriate Notarial Acknowledgments of Execution by Contractor and surety and a
power of Attorney MUST BE ATTACHED.
DUNS # 13 384 75 12 | TID # 58 217 3403 | CAGE CODE # 6SMH5
February 26, 2019
Turnkey Control #TLF00074
RE: FLOORING PROPOSAL FOR:
We are pleased to provide the following quotation for the above referenced job.
MAIN BID
Style, Size, Backing, Description Color Name Color #Quantity UoM Unit Price Line Total
BT443 First One Up II 24" x 24" Carpet Tile EcoFlex ICT Importance 988 168.00 SY @ 16.19$ 2,719.92$
QL315 First Step II Walkoff Tile EcoFlex ICT Iron Ore 983 31.10 SY @ 43.01$ 1,337.61$
Secoya 9" x 59" LVT Oakbark 833 2,535.24 SF @ 2.93$ 7,428.25$
Healthy Environment 12' Sheet Vinyl TBD TBD 7.00 SY @ 13.95$ 97.65$
Enpress - Pressure Sensitive Releasable for EcoFlex ICT,
NXT and AIR Carpet Tile and Plank (80%RH and 9pH) - (4
gal)
2.00 EA @ 89.80$ 179.60$
Payment/Performance Bonds 43.00 EA @ 7.14$ 307.02$
M95.0 Acrylic Adhesive (4 gal)5.00 EA @ 119.23$ 596.15$
MID PACIFIC AND NORTHWEST REGION 4 Prevailing
Wages Labor Price Grid - 0 @ -$ -$
Installation Carpet Tile 162.00 SY @ 10.57$ 1,712.34$
Removal of Carpet Tile 457.00 SY @ 5.70$ 2,604.90$
Installation of Luxury Vinyl Tile (Planks or Squares)2,230.00 SF @ 3.66$ 8,161.80$
Installation of Sheet Vinyl 6.66 SY @ 29.11$ 193.87$
Palletize/Shrink Wrap old carpet for reclamation 457.00 SY @ 2.85$ 1,302.45$
Conventional Furniture Moving (Light)358.00 SY @ 5.44$ 1,947.52$
Moisture Testing 5.00 EA @ 284.59$ 1,422.95$
Furnish / Install Base, Std. 4-Inch Vinyl/Rubber Blend,
Black/Brown 750.00 LF @ 5.06$ 3,795.00$
Furnish / Install Transition, Standard,
Black/Brown/Gold/Silver 36.00 LF @ 6.24$ 224.64$
Floor Prep - Skim Coating to 1/8 Inch (Material and Labor)2,375.00 SF @ 2.44$ 5,795.00$
OPEN MARKET (NSP) ITEMS (LABOR):- 0 @ -$ -$
Remove Rubber Sheet Floor 60.00 SF @ 6.03$ 361.80$
Care Charge (California Only = $0.35/SY Carpet Shipped)199.10 SY @ 0.35$ 69.69$
Freight 1.00 EA @ 816.00$ 816.00$
Subtotal 41,074.16$
Eliminates West Hallway and add cove base. Estimated Sales Tax 2,418.67$
TOTAL 43,492.83$
NOTES:
EXCLUSIONS (unless specifically included in the above scope of work):
Attic Stock Cleaning/Waxing of Resilient Dumpster Cost Night/Weekend Labor
Bonding Cost Carpet Cleaning Asbestos Abatement Removal & Disposal
Extensive Floor Prep No thresholds / Door Trimming Stair Materials Sales Tax
Protection of Floors Preformed Corners Furniture Moving Mats
Resilient Flooring Special Delivery/Equipment Trip Charges/Phasing Phasing
Border Carpet Union Labor Moisture Testing and Abatement
TERMS OF PAYMENT: (Subject to Credit Approval)
* All Materials and Labor - Net 30 Days After Invoice (Material will bill when shipped, labor will bill as phased or upon completion of project).
TLF00074 Rev 3 City of Arcadia Fire Station
Mohawk Commercial, Inc. - CMAS 4-18-00-0085B Effective 8-31-2018 - 2/16/2020
1. Based on field measure by: JJJ Floorcovering
2. Price includes all work as specifically stated in above description for the quantities stated. Any unforeseen circumstances may require additional labor and can be
handled through the change order process.
3. MohawkOne will only be responsible for quantities if installation is provided by MohawkOne.
4. Installation of floor coverings are for direct glue down installation and include installation of floor covering and minor floor prep, defined as filling of minor gaps and voids
no larger than 1/8"x1/8" and sweeping and are based on a clean and clear floor.
5. Mohawk Commercial, Inc., License Number CA 988270. DIR Number 1000025095.
Mohawk
160 South Industrial Blvd.
Calhoun, GA 30701 1 of 2
Prices given are firm for (60) sixty days from proposal date.
We recommend only wet scraping or mechanical removal of all non-water based adhesives.
Sincerely,
Tammy Land
MohawkOne Project Manager Phone 706-879-6578
Fax 706-422-6838
Email tammy_land@mohawkind.com
Cell 706-260-6550
cc Tweet Ho
If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken
prior to installation of any product. These measures may affect the price of this quote.
Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our installers are responsible for the handling, removal or abatement of
asbestos contained floor material or adhesive. Further, our policy is that all abatement of asbestos contained floor material must be removed and that an AHERA report or
Clearance Letter from the asbestos surveyor or from the asbestos abatement contractor must be provided before we will proceed with any work in those areas of asbestos
concern. We and our installers consider it the owner's responsibility to ensure proper abatement is performed prior to executing this contract.
Please indicate your acceptance of this proposal by returning your signed purchase order to my attention via fax or email. Should you have any questions, feel free to
contact me by phone or e-mail. My contact information is provided below.
Lead Times: Please note that we are a made to order mill and we cannot commence production of any order until a signed purchase order, or a fully executed contract has
been received. Lead times are determined by product ordered. Lead times do not start until after the purchase order or fully-executed contract is received.
Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be
negotiated on a job-to-job basis. Our products perform properly when installed on floors that are free of dirt, oil, paint and excessive moisture. Floors that have moisture
readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. This quote
does not include moisture remediation.
Mohawk
160 South Industrial Blvd.
Calhoun, GA 30701 2 of 2