HomeMy Public PortalAbout7E PAVILION DANCE FLOORCity Council
February 5, 20 13
Page 2
5 . On October 11, 2012, the City Attorney advised staff that the proposed CIP
project to install additional concrete adjacent to the Performing Arts Pavilion was
subject to the Public Contract Code . Because the estimated construction cost
was over $5,000, and the work was considered a new public works construction
project , the formal bid process was required .
6. In December 2012 , staff directed City engineering consultant Transtech to
prepare plans and specifications to extend the concrete area adjacent to the
Pavilion in Temple City Park.
7. On January 8, 2013, the City requested publication of the Bid Notice in the
Pasadena Star News, Temple City Edition; the City also published the Bid Notice
on the City's webs ite; and Transtech requested publishing of the Bid Notice at
various contractor trade publications , with a deadline of January 24, 2013.
8 . On January 24, 2013, the City Clerk conducted the bid opening for the project.
Three bids were submitted by the 11 a .m. deadline.
ANALYSIS:
For over 25 years, concerts have been held in Temple City Park during the summer
months. With the addition of the Pavilion in 1996, the summer concert series expanded
drawing new bands and many more concert attendees. Over the past several years
attendance has continued to increase, including the number of individuals dancing on
the concrete pad immediately south of the Pavilion.
During last year's mid-year budget review on March 8, 2012 , the City Council, on a
recommendation from Councilmember Vizcarra, directed staff to expand the concrete
area of the Pavilion and to work with the PAAC to develop an artistic component to be
included in the additional concrete. After several meetings , the PAAC agreed on a
design which incorporated approximately 4' -8' of concrete with a camellia border and
quotes as depicted in Attachment "A". The border was to be stamped concrete with the
quotes sandblasted into the concrete at the top of the border. The City Council
approved the design concept at their May 15, 2012 meeting and directed staff to include
funding for the project in the FY 2012-13 City Budget. The City Council also requested
staff begin work on the project at the completion of the 2012 summer concert series.
Between June and December 2012 , the PAAC continued to review and revise the
des ign of the add itional concrete . The PAAC recommended the size and shape of the
additional concrete be changed from the original curved design to a linear design to
conform to the octagonal shape of the Pav ilion . The PAAC also recommended the
camellia design and the quotes be sandblasted instead of stamped.
The proposed concrete extension work involves pou ring and finishing a plain slab of
concrete on the south side of the Pavilion, but without the concrete etch -work shown in
City Council
February 5 , 2013
Page 3
plan (Attachment "B"). Estimated work quantities include approximately 12 cubic yards
of concrete and 100 linear feet of #4 rebar for the splice connection (approximate
concrete area to be poured is 1 ,000 sf). The artistic element, camellia design and
quotes, will be completed as a separate project.
Transtech prepared and issued the Notice Inviting Bids with the bid opening scheduled
on January 24, 2013. The City Clerk conducted the bid open ing for the project on the
specified date . The following bids were submitted by the 11 a .m. deadline :
Bidder Name Total Bid Bid Amount
Amount Ranking
Parsam Construction $6 ,500 1
ABNY General Engineering $9,900 2
Unique Performance Construction $13 ,900 3
The apparent low bid was submitted by Parsam Construction , Inc . in the amount of
$6 ,500 (Attachment "C"). Transtech conducted an apparent low bidder analysis and the
lowest bidder complied with the following required criteria :
• Checked the bid amounts and bid fo rms for submittal compliance ;
• Checked with the bonding company to verify the bidder is properly
bonded;
• Checked State Contractor's Licensing Board to verify that the bidder is
properly licensed. The printout of the Web Search Results is attached
herewith (Attachment "0 ");
• Checked Federally Excluded Parties List System (EPLS) to verify that the
bidder is not excluded from bidding federally funded projects. The printout
of the Web Search Results is attached herewith ("Attachment E"); and
• Checked three (3) references provided by the bidder. Communication log
is attached herewith (Attachment "F").
If feasible , the C ity 's goal is to complete the construction before the Camellia Festival
(Festival), which is scheduled to be held February 22-24 , 2013. However if, due to
weather conditions, other unknown impacts, or the short time frame, staff feels the
construction cannot be comp leted by February 22 , the work will be postponed to avoid
impacts to Festival activities .
CONCLUSION:
The City Council is requested to accept the bid for the extension of the Pavilion dance
floor in Temple City Park submitted by Parsam Construction , Inc. in the amount of
City Council
February 5 , 2013
Page 4
$6,500 as the lowest, responsive and responsible bid; and authorize the Cit y Manager
to execute a Public Works Contract with Parsam Construction , Inc .
FISCAL IMPACT:
Sufficient funds have been included in the Fiscal Year (FY) 2012-13 City budget.
ATTACHMENTS:
A. Performing Arts Pavilion Dance Floo r Extension -Orig i nal Design by Public Arts
Advisory Committee
B. Performing Arts Pavilion Dance Floor Extens ion -Final Plan
C. Low Bid Submitted By Parsam Construction, Inc.
D. Contractor's License Search Result
E. EPLS Debarment Search Result
F. References Check Communication Log
G. Temple City Standard Public Works Contract
lliDO!"R <;t,4All COMPL£-r[ AND WllMIT All DOCUMENT'> AND r.\Gl51N THIS SECTION "l.lii)I)(R'S PROPOSAl AIIIO RIO ll[QIJIIHM£•ot;,•
BI DDER'S PROPOSAl AND OlD REQUIREME Nt'S
__ O_'TY~. ~~~~E~~~o_R~.K?.N~_C!.!_y_~_!.!!!f~P.l!f'tv _
The work sha ll be comple te'<l i n conformance wtth the cu n ent standard spe<!ficJttons of Public Worh
(GreT:n Book) and ;my and all other applicabl e codes .
DISCREPANC IES AND MISUNDERST ANDI NGS
It is a:Ssum ed that the proposen have satisfied them~elves by peri anal examtna tton of the work site,
t on ce p t u<~l de~ign ""d l'J~~t~ti'lG plan ~ . .Inti bv .1ny other rne ~n ~ .~~ t hey m<~v ~heve n(!~;e~~il ry , as 10 t hr
actual physical cond1t1ons, requirements and difftculties under w hich the wont. must be performed. and
hdve fully m l ormed themselves .u to all existin g conditions .and ltm itallons, cmd sha ll In clude ~n th e ~r
propo~,\11, the c ost of all tt em ~ ncc<.>ssary In the complt'tlon of the pro ject. Th e ~cl«t~d wntrilcto r )h•ll
not b e allowed any extra compensation by reason of any matter or thing. concerning that w hich such
the bidde1 m itJh l h.ave fu lly tn forrned hunst?ll pno1 t o the b1dd mg. No propo~ec st1 all .Jt ,wy time ilftcr
subm,ssion of a pro po!>al make any claim or assertion t hat t here was any m rs undt>rstanding or lack of
tn l ormat1o n reg arding t h e na tu re o r amount of work necessary f or the s at ~fa ctory compl et ion of the
rob Bv \ubm ,tl!nc .1 propo-.al. th l:' propo$.t>r shllll bt• h ~.>ld t o hil"c oer~o n.tllv r.c.Hnined thu 5tte dnd
ava ilable plans, and to h ave satisfied itself as to its abilrty to m eet ail th e diff,cu l t i~ anend ,ng the
l'Xecution o l the propo~ed work and tt>quire ment~ bt>fore the deliwry of t his PIOJKI~a t. dlld .tgrec~ t~t
1f award ed t he contract, will make no claim again st lhE' City bas<-rf on ignoranw or misunderstanding o f
the plans, ~it e cond1t io ns. code reqUtrements and/ot any other reasoo5 .
PERMITS AN D liCENSES
T'he Contractor sh<~ll p rocure all perm1t.s a nd l.cen s~s. pay all cha rges and fees, and give all noti ces
necess ary t!nd i nc ident al to the due .lnd ~wlu l pr os.ecut 1o n of t he w o rt. No f re-s W1ll be cnarg<'d to
Contract or for per mits t.Ssu ed by the O t y for this project. HO'.vever, t he Co n tractor snail pay for and
o bta i n a Ci ty of Temple Ci ty Bustnesr. Lice n ~e
CONTRACT ORS LIC£NSE LAW
The Contr actor sha ll comply with and require all suocontractors to comply wtth aU Federal. State and
Cit y Contri\ct or li censr Laws a nd b e du ly Re ginered a n (i l t<<'n ~e d t hrreu ndl'r a~ r~•qu tr ed
CONTRACT BONO S
l~ Bid Bo nd .tlld 10~ P.ly m ent and PerformoJnn• B ond~ dlt' requ1n•d .
t N~U R:ANCE
Th e Co ntrJCt Ot shc1 ll p r 011lde JO~uranct' coverolges u~ follow ~·
{1 ) Pubhc liaoility and Pr operry Damage In surance in an amount of n ot le~s t ha n ONE M ILLIOf'J
OOltARS ($1 ,000,000);
!21 Prndyrt\/(o mplt;tNl Qp1'r,11tor1 ' HMolld '"'IH .trlft tn an a1n ou nt of no t l r~~ t h an ON£ Mi lliON
DOLtARS {SUX>O,OOO);
ATTACHMENT D
Check a License-License Detail -Contractors State License Board
A. H~ DEPARTMENT OF CONSUMER AFFAIRS
H~. Contractors State License Board
Contractor's Lice n se D e tail -Li cense# 5 1 141 5
& DISCLAIMER : A license status check provides information taken from the CSLB license database. Before
relying on this information, you should be aware of the following limitations.
CSLB complaint disclosure is res t ricted by law (B&P 71 24.6) If th is entity is subject to public complaint disclosure, a link
for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action info rmation .
Per B&P 7071 .17 , only construction related civil judgments reported to the CSLB are disclosed .
Arb itratio ns are not listed unless the contractor fails to comply with the te rm s of the arbitration.
Due to workload, there may be relevant information that has not yet been entered onto the Board 's license database.
License Number
Business Information
Entitv
Issue Date
Reissue Date
Expire Date
License Status
Classifications
Bonding
511415
PARSAM CONSTRUCTION INC
Business Phone Number: (818 ) 236-3633
3334 BARNES CIRCLE
GLENDALE . CA 91208
Corporation
06/01/1987
12/17/2002
12/31 /2014
AC TI VE
Extract Date 1/24/2013
T hi s license is current and active . All information below should be reviewed.
CLASS
A
B
DESCRIPTION
GENERAL ENG INEER ING CONTRACTOR
GENERA L BU ILDING CONTRACTOR
CONTRACTOR'S BOND
This license filed a Contractor's Bond with
AM E RICAN CONTRACTORS INDEMN ITY COMPANY.
Bond Number: SC6053296
Bond Amount: $12,500
Effective Date: 03/02/2009
Contractor's Bond Historv
BOND OF QUALIFYING INDIVIDUAL
1. The Responsible Managing Officer (RMO) PARSANIAN
EDWARD cert ified that he/she owns 1 0 percent or more of the
voting stock/equity of the corporation. A bond of qualifying
individual is not required .
Effective Date: 12/17/2002
ATIACHMENTF
REFERENCE CHECK COMMUNICATION LOG
BIDDER : PARSAM CONSTRUCTION, INC.
Reference Name Address, Te l No ., Email Contacted Contacted By & Response Via Date
State Rep
John Thompson State Of CA Park Serv ice Email Yunus Rahi on Not Available 619-220-5300 1/24/13
John.thompson@parks.ca.gov
Engineer,
Kelli Tunnicliff City of Anaheim Email and Yunus Rahi on Positive, by
562-209-0037 Te lephone 1/24/13 Telephone
ktunnicliff@anaheim.net
City Engineer
Roxanne Hughes City of Westlake Village Email Yunus Rahi on Positive, by
800-491-1720 1/24/13 Email
rhughes@willdan .com
ATTACHMENT G
CITY OF TEMPLE CITY
PUBLI.C WORKS CONTRACT
PROJECT: EXPANSION OF THE PERFORMING ARTS PAVILION DANCE FLOOR
Contract No.
THIS AGREEMENT "Agreement" is made and entered into this 51h day of February 2013, by
and between the CITY OF TEMPLE CITY, a Munic ipal Corporation located in the County of Los
Ange les, State of California hereinafter called CITY, and Parsam Constr uction Inc., [a
corporation/partnership/limited liability company corporation , located at 3334 Barnes Circle,
Glendale, CA 91208 hereinafter called CONTRACTOR, collectively referred to an the Part ies .
RECITALS
CITY , by its Notice Inviting Bids , duly advertised for written bids to be submitted on or before
January 24, 2013, for the following :
Expansion of the Perform ing Arts Pavilion Da nce Floor
Temple City Park
Project No. P13-01
in the City of Temple City, California , hereinafter called PROJECT.
At 11 a.m. on said date , in the Temple City Council Chambers, said bids were duly opened .
At its regular meeting held on February 5 , 2013 , the CITY Council duly accepted the bid of
CONTRACTOR for said PROJECT as being the lowest reasonable bid rece ived and directed
that a written contract be entered i nto with CONTRACTOR .
NOW, T HEREFORE, in consideration of the promises and of the mutual covenants and
agreements herein contained , said parties do hereby ag ree as follows :
ARTICLE I
The CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting Bid s,
Instructions to Bidders , General Specifications, Standard Specifications , Special Provisions ,
Plans, CONTRACTOR 's Proposal, and all referenced specifications , details , standard drawings,
and appendices, together with this contract and all required bonds, insurance cert ificates ,
permi ts , notices and affidavits, and also including an y and all addenda or supplemen tal
agreements clarifying , amending, or extend ing the work contemplated as may be required to
insure its completion in an acceptable manner.
All of the rights and obligations of the CITY and CONTRACTOR are fully set forth and
described in the CONTRACT DOCUMENTS.
C ityAtt y-fm-11/07
LA #4810-8 873-57 49 v i
All of the above-mentioned documents are intended to complement the other documents so
that any work called for in one, and not mentioned in the others , or vice versa , is to be executed
the same as if mentioned in all of said documents . The document comprising the complete
contract are hereinafter referred to as the CONTRACT DOCUMENTS and are incorporated
herein by this reference and made and part hereof as though they were fully set forth herein .
ARTICLE II
For and in consideration of the payments and agreements be made and performed by CITY,
CONTRACTOR hereby agrees to furnish all mater ials and perform all work required for the
PROJECT and to fulfill all other obligations as set forth in t he CONTRACT DOCUMENTS .
ARTICLE Ill
CONTRACTOR hereby agrees to receive and accept the total amount of SIX THOUSAND FIVE
HUNDRED DOLLARS {$6 ,500), based upon those certain unit prices set forth in
CONTRACTOR's Bid Schedule, a copy of which is attached hereto as Exhibit "A" and by this
reference incorporated herein and made a part hereof, as full compensation for f urnishing all
materials, perform ing all work, and fulfilling all obligations hereunder. Said compensation shall
cover all expenses, losses, damages, and consequences arising out of the nature of the work
during its progress or prior to its acceptance including those for well and faithfully completing
the work and the whole thereof in the manner and time specified in the CONTRACT
DOCUMENTS, and also including those arising form actions of the elements, unforeseen
difficulties or obstructions encountered in the prosecution of the work, suspension or
discontinuance of the work, and all other unknowns or risks of any description connected with
the work. CITY shall retain ten percent {1 0%) of said contract price until said time as the
provisions of Article XIV herein have been met.
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to
provide the materials , do the work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the said amounts set forth in Article Ill hereof,
and hereby agrees to pay the same at the time, in the manner, and upon the conditions set
forth in the CONTRACT DOCUMENTS .
In addition , CONTRACTOR hereby promises and agrees to comply w ith all of the provisions of
both State and Federal law with respect to the employment of unauthorized aliens .
Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or
services covered by this contract, and should the Federal Government impose sanctions
against the CITY for such use of unauthorized aliens , CONTRACTOR hereby agrees to , and
shall , reimburse CITY fo r the cost of all such sanctions imposed , together with any and all
costs, including attorney's fees , incurred by the CITY in connection therewith .
ARTICLE V
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LA #4810-8873-5749 v l
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be
issued to said CONTRACTOR by CITY and shall complete work on the PROJECT within ten
{1 0) working days after commencement.
ARTICLE VI
CONTRACTOR shall not discriminate in its recruit ing , hiring , promotion , demotion or
termination practices on the basis of race, religious creed, color , national origin , ancestry,
physical disability, mental disability, medical condition, martial status, sex, age, or sexual
orientation in the performance of this AGREEMENT and shall comply with the provisions of the
California Fair Employment and Housing Act as set forth in Part 2 .8 of Division 3, T itle 2 of the
California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-
352, and all amendments thereto; Executive Order 11246; and all administrative rules and
regulations issued pursuant to such acts and order.
CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act (8 USCA 1101, et seq.), as amended ; and , in connection
therewith , shall not employ unauthorized aliens as defined therein . Should CONTRACTOR so
employ such unauthorized aliens for the performance of work and/or services covered by th is
AGREEMENT, and should the Federal Government impose sanctions aga inst the CITY for
such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY
for the cost of all such sanctions imposed, together with any and all costs, including attorney's
fees , incurred by the CITY in connection therewith.
ARTICLE VII
CONTRACTOR is aware of and agrees to abide by the provis ions of California Labor Code
Sections 1720, et seq., as well as 1771, 1773, 1773.1, 1773.6, 1773.7, 1775 and 1776,
pertaining to the obligation to pay prevailing wages with respect to the performance of work .
Copies of the prevailing rate of per diem wages and the general prevailing rate for holiday and
overtime work for each craft are available upon request from the City. A copy of the prevailing
rate of per diem wages shall be posted at the job site . If such posting is not possible , a copy
shall be posted at the business of the CONTRACTOR.
Notwithstanding the foregoing , the parties agree that because CITY is a Charter City, and th is
project is local in nature and of municipal concern , Sections 1720, et seq ., and 1771 shall not
apply to this project.
ARTICLE VIII
A. CONTRACTOR shall , without disturbing the condition , notify CITY in writing as soon as
CONTRACTOR, or any of CONTRACTOR's subcontractors, agents or employees have
knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous
waste, as defined in Section 25117 of the Health and Safety Code;
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L A #48 1 0 -88 73 -5749 vI
2 . Subsurface or latent physical conditions at the site di ffering from those i ndicated
in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature , different
materially from those ordinarily encountered and generally recognized as
inherent i n work of this character provided for in th i s Contract.
B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR
shall provide security measures (e .g., fences) adequate to prevent the hazardous waste
or physical condit ions from causing bodily injury to any person.
C. C ITY shall promptly investigate the reported conditions . If CITY, through its Director of
Public Works, or her designee , and in the exercise of its sole discretion , determines that
the conditions do materially differ, or do involve hazardous waste , and will cause a
decrease or increase in the CONTRACT OR 's cost of, or time required for, performance
of any part of the work, then CITY shall issue a change order.
D. In the event of a d ispute between CITY and CONTRACTOR as to whether the
conditions materially differ, or involve hazardous waste , or cause a decrease or increase
in the CONTRACTOR 's cost of, or t i me required for, performance of any part of the
work, CONTRACTOR shall not be excused from any scheduled completion date, and
shall proceed with all work to be performed under the Contract. CONTRACTOR shall
retain any and all rights which pertain to the resolution of disputes and protests between
the parties.
ARTICLE IX
CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its
elective and appointive boards , officers , agents and employees, from all claims, loss , damage,
injury and liability of every kind, nature and description , d i rectly or indirectly arising f orm the
performance of the CONTRACTOR's work, regardless of respons ibility of negligence; and from
any and all claims , loss, damage, inj ury and liability, howsoever the same may be caused,
resulting directly or indirectly from the nature of the work cove red by the contract, regardless of
responsibility of negligence ; provided
(a) That CITY does not, and shall not, wa ive any rights against
CONTRACTOR which it may have by reason for the aforesaid hold·
harmless AGREEMENT because of the acceptance by CITY or the
deposit with CITY by CONTRACTOR , of any of t he insurance po l icies
hereinafter described in this AGREEMENT.
(b) That the aforesaid ho ld -harmless AGREEMENT by CONTRACTOR shall
apply to all damages and claims for damages of every k i nd suffered , or
alleged to have been suffered, by reason of any of the aforesaid
operations of CONTRACTOR, or any subcontractor, regardless of
whether or not such insurance policies shall have been determ ined to be
applicable to any of such damages or claims for damages .
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LA #48 10-8873-5749 v t
ARTICLE X
CONTRACTOR , before commencing said PROJECT, shall furnish and file with CITY a bond , or
bonds , in a form satisfactory to the CITY, in the sum of one hundred percent (1 00 %) of the
contract price thereof conditioned upon the faithful performance of this contract a nd upon the
payment of all labor and materials f urnished in connection with th is contract.
ARTICLE XI
CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have
obtained all insurance requ ired by the CONTRACT DOCUMENTS and such insurance shall
have been approved by CITY as to form , amount and carrier, nor shall CONTRACTOR a llow
any sub contracto r to commence work on any subcontract until all s imilar insurance requi re d of
the subcontractor shall have be en so obtained and approved .
(a) COMPENSATION INSURANCE -CONTRACTOR shall take out and
maintain , during the life of this contract , Worker's Compensation
Insurance for all of CONTRACTOR 's employees employed at the site of
improvement; and, if any work is sublet, CONTRACTOR shall require th e
subcontractor simi larly to prov ide Worker's Compensat io n Insurance for
all of the latter's employees , unless such employees are covered by the
protection afforded by CONTRACTOR . If any class of emp loyees
engaged in work under this contract at the site of the PROJECT is not
protected under any Workers' Compensation law, CONTRACTOR shall
prov ide and shall cause each subcontractor to provide adequate
insurance for th e protect ion of employees not otherwise protected .
CONTRACTOR shall indemn ify CITY for any damage resulting to it from
failure of ei t her CONTRACTOR or any subcon t ractor to take out or
maintain such insurance .
(b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/ COMPLETED
OPERATIONS HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY
AND CONTRACTUAL GENERAL LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this contract
su ch comprehensive general liability, products/completed operations
hazard , comprehensive automobile liability and contractual general
liability insu rance as shall prote ct CITY , its elective and appointive
boards, officers, agents and employees , CONTRACTOR , and any
subcontractor performing work covered by this contract, from claims for
damage for personal injury, includ ing death , as well as from clai ms fo r
property damage wh ich may arise from CONTRACTOR's or an y
subcontractor's operation s under this contract, whether such operat ions
be by CONTRACTOR or by any subcontractor, or by anyone directly or
ind irectly employed by either CONTRACTOR or any subcont ractor, and
the amounts of such insurance shall be as follows :
(1) Public Liab ility Insurance i n an amount of not less than ONE
MILLION DOLLARS ($1 ,000 ,000);
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LA #48 10 -8873 -5749 vl
(2} Products/Completed Operations Hazard Insurance in an amount
of not less than ONE MILLION DOLLARS ($1 ,000 ,000);
(3) Comprehensive Automobile Liabil ity Insurance in an amount of
not less than ONE MILLION DOLLARS ($1 ,000 ,000);
(4) Contractual General Liability Insurance i n an amount of not less
than ONE MILLION DOLLARS ($1 ,000 ,000).
A combined single limit policy with aggregate limits in an amount of not
less than TWO MILLION DOLLARS ($2 ,000,000) shall be cons idered
equ ivalent to the said required minimum lim its set forth hereinabove.
(c) PROOF OF INSURANCE -The insurance required by this AGREEMENT
shall be with insurers which are Best A rated, and California Admitted or
better. The CITY of Temple City shall be named as "additional insured"
on all policies required hereunder, and CONTRACTOR shall furnish
CITY, concurrently with the execution hereof, with satisfactory proof of
carriage of the insurance required , and adequate legal assurance that
each carrier will give CITY at least thirty (30) days' prior notice of the
cancellation of any policy during the effective period of the contract.
(d) NOTICE TO COMMENCE WORK -The CITY will not issue any notice
authorizing CONTRACTOR or any subcontractor to commence work
under this contact until CONTRACTOR has provided to the CITY the
proof of insurance as required by subparagraph (c) of this article .
ARTICLE XII
If any dispute shall arise concerning this AGREEMENT, the prevailing party shall be entitled to
attorney fees .
ARTICLE XIII
The parties agree that it would be impractical and extremely difficult to f ix the actual damages
to the CITY in the event the PROJECT is not commenced and/or completed on or bef ore the
dates specified for commencement and completion 9f the PROJECT in the CONTRACT
DOCUMENTS . The parties have considered the facts of a breach of this contract and have
agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated
damages in the event of a breach, and that said sum shall be presumed to be the amount of the
damages sustained by the CITY in the event such work is not begun and/or completed and
accepted by the times so specified in the CONTRACT DOCUMENTS , the sum of ONE
THOUSAND HUNDRED DOLLARS ($1 ,000 .00} shall be presumed to be the amount of
damages suffered by the CITY for each day's delay in the starting and/or completion and
acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for
the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of
ONE THOUSAND DOLLARS ($1 ,000 .00) as liquidated damages for each day of delay in the
starting and/or completing and acceptance of said PROJECT beyond the dates specified in the
CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done so
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LA #48 10-8873-5749 v i
in accordance with that certain edition of the Standard Specification for Public Works
Construction currently in effect on the execution date of this Contract.
PARSAM CONSTRUCTION, INC.
a corporation
by ______________________ _
President
by ____________________ __
Secretary
ARTICLE XIV
CITY OF TEMPLE CITY ,
a California municipal corporation
by ____________________ __
Mayor
City Clerk
Upon completion of PROJECT and acceptance of same by the CITY Council , the CITY
Manager shall have cause to be recorded a Notice of Completion with the office of the Los
Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of
Completion is recorded , the Director of Finance of CITY shall release the funds retained
pursuant to Article Ill hereof; provided there have been no mechanics' liens or stop notices filed
against said work which have not been paid, withdrawn or eliminated as liens against said work.
ARTICLE XV
This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without
first obtaining the written consent of the CITY thereto.
ARTICLE XVI
The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of
any rights or remedies available to CITY.
SIGNATURES ON FOLLOWING PAGE 8
7
LA #4 8 10-887:1-574 9 v I
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the
__ day of , 2013 , by their respective officers duly authorized in
that behalf.
ATTEST:
City Clerk
APPROVED AS TO FORM :
City Attorney
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LA #48 1 0 -8873-5749 v I
CITY OF TEMPLE CITY, a Municipal
Corporation
by ______________________ _
City Manager
PARSAM CONSTRUCTION, INC .
a corporation
by ____________________________ _
Owner/President