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2400 - Dunwright Painting and Coating - Rosemead City Hall Restroom Demo/ Office Space Project A This page is part of your document- DO NOT DISCARD A 201 90 741433 _,,,°fi°Sti,cF "4.6.1 F} 1111111111 HII 1111111 II Ii Pge4:} - / lii, f Recorded/Filed in Official Records k. p (r,i Recorders Office, Los Angeles County, • tS ° California xX C•411a* 07/29/19 AT 08:06AM FEES: 0.00 RECEIVED TAXES: 0.00 CITY OF ROSEMEAD OTHER: 0.00 JUL 2 9 2019 PAID: 0.00 CITY COFFICE BY: F , ,' A A LEADSHEET 201907293290015 00016926593 III II 1111111111 1111111111 009999789 SEQ: 01 DAR - Courier (Upfront Scan) liii III II II IIII IIIIII I 11110 I II IIIIIIIIIIOIIOII III III III lI II III 1 II I III III III IIIH III II IIIII III III A THIS FORM IS NOT TO BE DUPLICATED A L4 2GGS RECORDING REQUESTED BY CITY OF ROSEMEAD AND WHEN RECORDED MAIL TO: r 1 Name City of Rosemead Q712912019 8838 E. Valley Blvd. UNIME Street Rosemead, CA 91770 Address ATTN: CITY CLERK20190741433' City& State L SPACE ABOVE THIS LINE FOR RECORDER'S USE Notice of Completion Notice is hereby given that: 1. The undersigned is owner of the City of Rosemead interest or estate stated below in the property hereinafter described. 8838 E. Valley Blvd., Rosemead, Ca 91770 2. The full name of the undersigned is: In fee 3. The full address of the undersigned is: 4. The nature of the title of the undersigned is: (If other than fee,strike"In fee"and insert,for example,"purchaser under contract of purchase,"or"lessee".) 5. The full names and full addresses of all persons, if any,who hold title with the undersigned are: Names Addresses N/A N/A 6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Names Addresses N/A N/A (If no transfer made,insert"none".) 7. A work of improvement on the property hereinafter described was June 26, 2019 completed on: Dunwright Painting and Coating 4792 Templeton Street, Los Angeles, CA 90032 8. The name of the contractor, if any,for such work of improvement was: 9. The property on which said work of improvement was completed is in the City of Rosemead County of Los Angeles , State of California, and is described as follows: Rosemead City Hall Restroom Demo/Office Space Project 10. The street address of said property is: as listed in No. 9 (If no street address has been officially assigned,insert"none".) Signature of •_ owner named /4r Dated: 7/24 I in paragraph 2 re A mad Ansari, P.E. Interim Director of Public Works/City Engineer By City of Rosemead I certify (or declare) under penalty of perjury that the foregoing is true and correct. 7/221/ 9-1 - Date Ahmad Ansari, P.E. Interim Director of Public Works/City Engineer City of Rosemead, California Rosemead, CA Place of Execution CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of C.C.S 't-nn tl1C�-e_..-Ie S . ) On-TU\1 2 Li l"Zel 1i _ before me, G rtact P r nc.ry\'Z 064.1 ..)11 IC, , Date Here Insert Name and Title of th �fficer personally appeared P'r vv.. � .2_.c, -A+n 54 c i NameWof Signe) who proved to me on the basis of satisfactory evidence to be th erson ' whose name$Ore s scribed to the within instrument and acknowl ged to me that a he/they executed the same in is er/their authorized capacity*sr and that by is/ er/their signature on the instrument the persop(), or the entity upon behalf of which the person7racted, 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. ;; N::yPuC .C :n:1 WITNESS my hand and offi 'al seal a i� •;-iii Los Angeles County z .ear. •� z 1. �r►/ Commission 2158152 !: Signature M Comm.Ex fires Jun 24.2020 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: r\.)d<-_, Document Date: J C/r& 7..J6 LCi , Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): I Corporate Officer — Title(s): Partner — C: Limited L General Partner — [ ,I Limited ._I General I Individual ❑Attorney in Fact Individual Attorney in Fact Trustee Li Guardian or Conservator Trustee -1 Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: L:b':„„,„,.'...i.,.i.„.„.,`i.,.„,,,,,,,,,,,'S,,,„„ '„,,,,„ „,... �%. ,„,,,,'i.,„.i.,,,.i sm'i..'is a:,'i.'i.,.i.,.i .„„:i..„... '.C✓:,„,....„.„..G'S: ..�%'.C'!. .�✓.,.!'n'!.�'!q. ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 D2 0 20 iEt MF / O 0,7 4orreItis.^ AtoRPORATED„(p9 CONSTRUCTION CONTRACT ROSEMEAD CITY HALL RESTROOM DEMO/ OFFICE SPACE PROJECT 1. PARTIES AND DATE This Contract is made and entered into this -7A day of I f , 20/7 (Effective Date) by and between the City of Rosemead, a municipal corpation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and Dunwright Painting and Coating with its principal place of business at 4792 Templeton Street, Los Angeles, CA 90032 (hereinafter referred to as"Contractor"). City and Contractor are sometimes individually referred to as"Party"and collectively as"Parties"in this Contract. 2. ' RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the Rosemead City Hall Restroom/Office Space Project by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work 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. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work DUNWRIGHT PAINTING AND COATING Page 2of10 necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to December 31, 2019 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and 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 of Services 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, disability insurance, and workers' compensation insurance. - 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously,within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by , Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Rey Alfonso, Director of Public Works, 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 or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Mr. Enrique Garza, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to DUNWRIGHT PAINTING AND COATING Page 3 of 10 represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, 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 Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services 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 Services, including a City Business License if applicable, 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 services 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 of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. 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, Contractor shall be solely responsible for all costs arising therefrom. 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. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. DUNWRIGHT PAINTING AND COATING Page 4 of 10 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance withall applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways,scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 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. If the Services are being performed as part of an applicable"public works"or"maintenance"project, as defined by the Prevailing Wage Laws, and if 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. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 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 affected bond within 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 DUNWRIGHT PAINTING AND COATING Page 5 of 10 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 compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:Vlll and satisfactory to the City. 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. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall o a exceed eta fliho. sand .igt t "une ed Fifi ° oI1ars 19 50 o) wit Mit""adita cep curl ten.=ao a rovai of qty's projec_ _ a -r, Extra Work may be authorized, as described below, and rif authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. DUNWRIGHT PAINTING AND COATING Page 6 of 10 3.4 Accounting .-sec•rds. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor,terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof,- at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Dunwright Painting and Coating 4792 Templeton Street Los Angeles, CA 90032 Attn: Mr. Enrique Garza CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Rey Alfonso P.E., Director of Public Works DUNWRIGHT PAINTING AND COATING Page 7 of 10 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 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 Contract. 3.5.4 Attorney's 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 litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. DUNWRIGHT PAINTING AND COATING • Page 8 of 10 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law,this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract 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 workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. 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 Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 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 service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. - 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. 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 rescind this Contract without liability. 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. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor,employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or DUNWRIGHT PAINTING AND COATING Page 9 of 10 recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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 Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the 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. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] DUNWRIGHT PAINTING AND COATING Page 10 of 10 CITY OF ROSEMEAD DUNWRIGHT PAINTING AND COATING .c16161:t VUL et9-% 440 Gloria MollBy:e a, City Manager Da e / Dai / ° Name: 6/frreed. 414r-zd, Attest Title: I 40 Ericka-Hernandez, City Clerk te -tie 4,TiS®S t.c NA IORP- Pres'0- OR Moe[REhalltr,-PL1 gl;i:RdEgYonala4^®RPOR it 6LSALCIF eON °A ME By: Name: Title: DUNWRIGHT PAINTING AND COATING EXHI=>IT A SCOPE OF CtNT :;CT SE=AMES SEE ATTACHED BID SCHEDULE/PROPOSAL E 1 E/ CITY •F ROSEMEAD REQUEST FOR PROPOSALS RFP 2019-06 CITY HALL I::ASEMENT RESTROOM DEMO/OFFICE SPACE PRrl'JECT PROJECT No. 31018 CONTRACT CUD FORMS BIDDER: dlin(A/KI / ;;]ID SCHEDULE SC]HUN:D1U]LE OF PRICES FOR CITY HALL I:,ASEMENT RESTROOM DEMO/OFFICE SPACE PROJECT PROJECT No.31018 I:ASE BID SCHEDULE UNIT EST. UNIT ITEM NO. ITEM DESCRITTION QTY. PRICE COST Containment of the work area to control dust;Demolish two lC Cl j�j, c 1 restrooms and janitorial room; LS 1 / �� Cap and seal all sewer and plumbing:lines;Reconfigure "T-bar" supports for ceiling tiles;Replace ceiling tiles to match existing hallway tiles; Furnish and install two new LED light fixtures;Remove and relocate an existing office door; and close the opening in wall; Install sound proofing; Reroute electrical and communication outlets; Patch, prime and paint the walls; and Install carpeting and base molding.Relocation of the existing office door will • involve elating a new entrance through a masonry block wall, and installing new door • frames to the adjacent office. TOTAL BASE BID PRICE (SCIElEDUT,E BID PRICE):$ ' I I nt`TeiMA_ -sevvt_c,( u Yid of it 1---; t14 a_461,4„1„, Dollar amount in written form CBF-2 BIDDER:lnii_, -q J By: , .t , 7: . . Si. ature , Business Street Address nr%� 4r,4LJ . C.-- /AC ,�� •L „ ,26 2---- Type Type or"Print Name City, State acid Zip Code agezt,AVA4 k---- ( i& 4/577-37 6-Z- Title Telephone Number 1//361a0/1 Data �r Bidder's/Contractor's State of Incorporation: �s r' � `' Partners or Joint Venturers:. .,//�'lJ/7 't %//AO ,gk�s S 6 d 1---- X1'724 Bidder's License Number(s): • Department Industrial Relations Registered No. (00403/cern. NOTES: 1) By its signature on this Bid,the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. • • • CONTRACTORS• Y+rn a TT Y'fy. • ACTIVE LICENSE •I w �.. 402724 • .HAM BROS AND SONS CONTRACTORS • • hag a��t,sreria. " .cSSb.C..Q11 "s - ' DUNWRIGHT PAINTING AND COATING EXHli_;IT INSURANCE REQUIRE. ENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must,be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that$1,000,000 per accident. If Contractor owns no vehicles,this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review. DUNWRIGHT PAINTING AND COATING FOR NON-CONSTRUCTION CONTRACTS: Professional Liability or Errors and Omissions Insurance, as appropriate, shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Contract. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Contract. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an AM. Bests rating of A-or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over"claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. DUNWRIGHT PAINTING AND COATING 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agree to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to, being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. DUNWRIGHT PAINTING AND COATING 13.For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of 'any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There • DUNWRIGHT PAINTING AND COATING shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. d THIS CERTIFICATE IS'ISSUED AS A Tonna 3 of 1I'FO RuIY ATION way .�i s NO MOWS UPON TRE C TIF.dCAT'il l a 1,R.'THIS CERTIFICATE'DOES+I7;r T AFF3RW ATIVELV OR Nl~Ct l AIME-'Y AMEND, E'1 D OR ALTER Tfr.u.ch:11TEE AFFORDED ED I T THE POMMES EEL OW THIS CERTIFICATE aCA OF INSURANCE D tr NOT CONSTRTI .CO A CONIMACT BETWEEN THE @ I OB &LISP RE i IS),AZ SSI QED REPRESfcMATO EOR PRODUCER,:LAND THE CERMIF,IOATE HOLDER. ER IMPORTANT:1T: 1 viae aerilfimte sia®3e er • as:A'IDM-'£O1!ATL INSURED,.I,a p,.eCIaypcm)must have ADDIMONAL.A INSURED.g±yoxaes'e,ss or tre•G ara2'ar.£Tl. II SUBROGATION PS 7;3AIVE,subjea to the toms acc=.]conditions litions r sr the rbenz y oeraz polis^+ise may irragr itce an ondorsemeret. A elilkoment•ossa this CE51auio does L oslc, Stss6€uit€eee'grieT as Rau r t tsaagGnat � lx� u _ PRODUCES I r. ,rt-.-v kvez,Bur't • D>nlaes3Iguana:meAgency.LLC 743MIE 7 D4,.-i2a47 �� o 3:'4-9722 7365 CarnaianSISte224 r E' 5 lionasen�aciftfevoIzdinsxern _ ._ 4_-- PO=1 0Cocamosega -- ---_- _ Cry 9173ff-115> ' iNsuamg,..Arsor� dIntit i :instarente Companyts�t_ _--------. mune) •EVSVJBER 6: Diviring hi Painting and Coaaing casralsialc 4792TEMPLETON ST Easea t.D:iia'le Lampeaaara'I aabrogr�s snze.Irund • MS fiNGEL.ES CA 9032-2349 ii En S ERF r. • COVERAGES CERTIFICATE NUMBER: REMSIION ihIUM : ! THIS'IS TO Obi OFT THAT THE POLICIES OF 1s'til'FJ11EAIFICE LIu]El3 BELOW HAVE BEEN!ISSUED TO THE INSURED RSD i;iA,1- ED ABOVE;FOR THE POLICY!PER CJD INDICATED, Rl'd@'131fIT1SYAHDEIG,ANY REQUIREMENT,TERM OR CONDITION OF A1IY CONTRACT OR OTHER DOCUMENT unTa RESPECT aOIIIIN/CI- THIS CE{FIFJCPTE RAY BE ISSII. OR MAY PERTAIN THE IINSIIRANCE AFFORDED BY THE POLICES CEES DESCRIBED HEREIN S SIN3JECT TO AIL THE TERSIISS, FSCOLUSIv'NS AND CONDITIONS OF SUCH POLICIES_WAITS StDC9L`IfsS MAY HAVE BEEN REDUCED BY PAID CLAMS. _T 'MR �_ AD1114S1EHF? -- --- 'SII'MILT D MAW AW t)<..r' +-�V•- ����� i :LIR! 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A` E 1i :ADDi tIONAL TNSURMS OINu E Sa LESSEES O CONTRACTORS a is radraraeraneni=flaw irrsuienrae provided under the fallowing: CO b f')ERC 1I L GENERAL A L M COVET 4 GE PART l�r�d`ro��'r: En mo10700120b dorseineni Eflec7rke: 11r21J2 1s 12:01 a.Ta %wed insured: I. Counter Signed By:• '! • 1JEA,.DE.A.713t3;:tWRiGt r'PA9fiTING COATWGS • ScHE,liuLE Flaws* o7r organization t til €gad brewed io DM:4 7 by/sri a a uguiRo�n coag ct or to pragalde insurance such as is afforded by Ws policy. !1 • Location:• j (ifno entry appears above;,information required to complete this endersement mill& StiMil Om Dectualions as applicable to'this endorsement.) • A. Sec ion m V1,17r no t3 Rau 4ras;Dre l is amended to include az en insured the;WSW CY organization Glatrrra in the Schedule,but•Toraljto the often!W!tdhatt are parson Or r rgani 'non shorn ill the Schedule is held balite for your acts or:omissions arising caul of your ongoing u;pa'ratiorts:Varix mi a 11i7 till insured. S. 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