CITY will notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the Invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the Invoice.
Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:
A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field;
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR's employees and agents (Including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or the City or County of jurisdiction.
The Parties acknowledge and agree that CONTRACTOR shall perform, at 4
CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR'S employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
Section 6. Representatives.
A. CitU, Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Chau Vu, Director of Public Works (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. Contractor Representative. For the purposes of this Agreement, Baron Farwell, President & General Manager, is hereby designated as the principal .and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.
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 Agreement.
Section 7. Contractor's Personnel
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel, required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTORS supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks. 5
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work, CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or Interest levied, assessed, or imposed against CITY hereunder.
C, CONT CTOR shall b solely ponsible for the satisfactory work performance of all personnel engaged In performing the Work.
D. In the event that CITY, In its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person Immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
E. CONTRACTOR shall . be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security,
F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
Section B. Substitution of Key Personnel. CONTRACTOR has presented to CITY that certain key personnel will perform and coordinate the Services under this Agr ment.
Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.
In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fad or refuse to perform the Servlcs In a manner acceptable to the CITY, or who are determine,* by the CiTY to be uncooperative, incomperant, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.
Section 9. Prevailing Wages and General Labor Compliance and Reporting.
A.. CONT CTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 181D, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime 5
pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed In the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the Califomia Department of Industrial Relations. Pursuant to the provisions of Califomia Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the Califomia Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined In the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the Califomia Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is 7
incorporated by this reference as though fully set forth herein. CONTRACTOR Is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to Califomia Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.
G. In accordance with the provisions .of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, FE any, to act as self -insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This Insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self -Insurance in accordance with the provisions of that Code, and l will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and a
records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.
Section 10. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents 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 Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct Interest In this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 11. Independent Contractor.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under 'any circumstances, be construed or considered to create an employer -employee relationship or a joint venture.
B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing 9
other persons or firms to assist CONTRACTOR in fulling the terms and obligations under this Agreement.
D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment Including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTORS assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby Indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.
Section 12. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or Indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shah be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement.
Section 13. Non -Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (Califomia Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Govemment Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are Incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 10
Section. 14. Indemnification.
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, In connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materlalmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this Indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under. this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attomeys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
B. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
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C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and InJury to any property resulting from any alleged, Intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity Involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
D. CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any Insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
Section 15. Insurance.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, Insurance as follows:
1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.
2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily InJury and property damage.
3. Worker's Compensation insurance as required by the State of California.
B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to 12
maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.
E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attomeys, servants, volunteers, successors and assigns as additional insureds.
All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self -Insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
K. If CONTRACTOR is a Limited Liability Company, general liability coverage must 13
be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as full performance of CONTRACTOR's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, Including limits, based on the nature of the risk, prior experience, Insurer, coverage, or other special circumstances.
Section 16. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, end the CITY shall have access to such records In the event any audit is required.
Section 17. Termination.
A. Termination for Convenience. CITY may immediately terminate this Agreement nvenience, without cause and without penalty or liability at any time upon the ssuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.
CONTRACTOR may only terminate this Agreement for cause.
B. Termination for Cause. In the event either Party falls to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, 'Event of Default') shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (I) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or If a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party falls to cure the Event 14
of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (I) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (III) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. CONTRACTOR shall cure the following Event of Defaults within the following time periods:
Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 3 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3 -day cure period; or ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the Initial 30 -day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit 13 that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY,
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2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar clays of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced Its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.
3. CITY, in Its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under thls Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement In the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
Upon written notice to CONTRACTOR, the 'CITY may immediately terminate this Agreement in whole or in part;
il. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
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iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under thls Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the . other Party any contractual rights by custom, estoppel, or otherwise.
Section 18. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any govemmental agency, Including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be flnal and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section.
Section 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to CONTRACTOR:
City of Bell Gardens
7100 S. Garfield Ave.
Bell Gardens, California 90201
Attn: Director of Public Works
17 All City Management Services
10440 Pioneer Blvd, Suite 5
Santa Fe Springs, CA 90670
Attn: Baron Farwell
Phone: 800-540-9290
With a courtesy copy to;
ick Olivarez,
Olivaraz Madruga Lemieux O'Neill!, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
Section 20. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 21. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover Its costs of suit, Including reasonable attorney's f s.
Section 22. Entire Agreement. Ail documents referenced as exhibits in this Agreement are hereby incorpora d in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by ference, the provisions of this Agreement sh:eII prevail and control. Thls instrument contains the entire Agreement between CITY and CONT CTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
Section 23. Governing Law; Jurisdiction. This Agreement shale be interpreted and governed according to the laws of the State of California In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federaI court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 24. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall neverthe , ss continue in full force and effect.
Section 25. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bond, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or.interpretation of any provision herein.
Section 26. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken 8
C
n
T F
By: on behalf of
City Af ° a y
June 29, 2021
19 C
together shall constitute one and the same Instrument.
IN WITNESS WHEREOF, the Parties hereto have cau this Ag the day and year first appearing in this Agreement, above. ent to be executed
CI OF Bell Gardens, a municipal All City nagement Services corporation
By:
Michael B. ©'Kelly
City Manager
Date:
PROVED AS TO FOR :
By:
Rick Oliva
City Attorney
Date:
19 B!
Narrie°__{
Title:
Date:,....
HIBIT "A"
CITY RFP
20
REQUEST FOR PROPOSALS
for
Crossing Guard Services
City of Bell Gardens
Public Works Department
8327 South Garfield Avenue
Bell Gardens, CA 90201
Phone: 562-806-7770
Fax: 562-806-7789
October 8, 2020
PROPOSAL DUE DATE:
October 29, 2020 by 5:00 P.M.
SUBMIT PROPOSALS TO:
ATTN: Chau Vu
City Clerk's Office
7100 Garfield Avenue
Bell Gardens, CA 90201
OTICE I VITII
F
C SI Gt
I T CI F
v
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens as AGENCY, invites s «sled proposals for Request for Proposals (RFP) for crossing guard services at elementary and middle ools. Proposals will be received in the ce of the Ci Clerk, 7100 arfield Avenue, ell ardens, C 90201, up to 5:00 P on Thursday, October 29, 2020. my certified mail, FedE , S bids postmarked on or before Thursday, ober 29, 2020 will be a epted.
Copies of the Requests for Proposals, Proposals Documents, Contract Documents, and Specifications are available on the City's website at rgtp .www ,t7 en 3g,. ''oiQ f A*rftg, a., ' I at The Requests for Proposals, Propo is Cocurnehts, Contract Documents, and Specifications n also be smelled, at no cost.
The AGENCY reserves the right to reject any or all proposals, to waive any irregularity and to take all propo Is under advisement for a period of 30 days.
Y OE OF the City o II Gardens
INTRODUCTION
The City of Bell Gardens is soliciting Requests for Proposals (RFP) from qualified companies to provide crossing guard services to seven locations within the City limits.
Due to sites with early release days, the schedule will vary by location. Total daily hours are split between morning and aftemoon shifts at all locations. The total hours for crossing guards at all locations should not exceed 30 daily service hours with service decreasing or increasing contingent on school schedules and City needs.
The COVID-19 pandemic drastically impacted the 2019-2020 academic school year.
The initial year (07/01/2020-06/30/2021) of the contract service agreement may have an increase or reduction in the number of school days to recoup the loss of class instruction time during the 2020-2021 academic school year. The number of school days serviced are subject to change, based on the State of California and Los Angeles County Health Order guidelines regarding COVID-19.
PROPOSALS SUBMISSION INSTRUCTIONS
Response to Proposal
In addition to the proposed pricing the proposal at minimum must contain the following:
1. Introduction, which Includes:
a. Identification of the offering company including name, address, telephone, email, and fax number.
b. Acknowledgement of the receipt of RFP addenda, if any. c. Name(s) title, address, email, and telephone number of a contact person during period of proposal evaluation.
2. Qualifications: The overall capabilities of the company should be discussed in this section. The bidder may demonstrate their qualifications by including a summary of their company's demonstrated capability for the past five (5) years including a summary of the company's history, its recent related experience, and the ability of persons assigned to perform the work, possession of appropriate compliance and any specified certifications.
3. References: List three (3) former or present clients for whom comparable services have been performed by the company within the last five (5) years.
References should include name, mailing address, email, and telephone for each 2
client's principal representative. References may be contacted with a request to rate the quality of the firm's service.
4. Communi Benefit: The bidder should describe in their proposal any additional community benefits that may result from the respondent's proposal.
5. Costs of Services: Proposal shall include the annual costs of services, including the hourly rate charges for crossing guard services. Any additional costs/charges must be clearly defined in the proposal.
6. Authorization: The proposal shall be signed by an official authorized to bind the company and shall contain a statement to the effect that the proposal is valid for sixty (60) days.
Proposers Examination
Before submitting a proposal, the proposer shall carefully examine the scope of services and other contract documents and ensure that they have a clear understanding of the contract requirements regarding the performance of services.
Interpretation of Proposal and Documents
If any person contemplates submission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, they may submit to the Director of Public Works a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.
Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. Neither the Director of Public Works or the Agency will be responsible for any other explanation or interpretation of the proposed documents. Proposals shall not contain any recapitulation of the work to be done.
Alternative proposals will not be considered.
Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not.
3
Any Proposer submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in scope of services, contract documents, and to full compliance therewith.
SUBMISSION OF PROPOSAL
Proposals must be prepared in conformance with the Instructions to Proposers and submitted in a sealed envelope plainly marked on the outside as follows:
" SEALED PROPOSALS FOR CROSSING GUARD SERVICES IN THE CITY OF BELL
GARDENS -
DO NOT OPEN WITH REGULAR MAIL"
DELIVERY OF PROPOSALS
Proposals may be submitted via certified mail, FedEx, and GSO. However, it is the proposer's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the proposals opening hour stipulated in the Notice Inviting Sealed Proposals. Late proposals will not be considered.
WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the proposer. Such requests must be delivered to the AGENCY'S designated official prior to the proposals opening hour stipulated in the Notice Inviting Sealed Proposals. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the proposer to submit a new proposal, providing there is time to do so.
This RFP does not commit the City to award any contract. The City reserves the right, at its sole discretion, to reject any or all proposals without penalty, to waive irregularities in any proposals or in the RFP procedures, and to be the final judge as to which proposals are responsive, responsible, and most qualified. Any proposal that contains items not specified, items that are incorrect, has incomplete portions of items scheduled, or does not respond to items in the manner specified in this RFP may be considered non- responsive and may be rejected on these bases at the sole discretion of the City. Proposals offering less than 60 days for acceptance from the proposed Proposals Due Date may be considered non -responsive and may be rejected. 4
Non -award of any proposal will not imply any criticism of the proposal or convey any indication that the proposal was deficient. Non -award of any proposal will mean that either another proposal was deemed more advantageous to the City, or that no proposal was deemed acceptable.
COSTS INCURRED BY PROPOSER
Costs for developing a response to the request for proposal and contract negotiations are entirely the obligation of the bidder and shall not be charged in any manner to the City of Bell Gardens.
NON -COLLUSION AFFIDAVIT
Proposer shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no office, agent, or employee of the City of Bell Gardens is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a proposal for the same work; and that the proposal is in all respects fair and without collusion or fraud.
The Non -Collusion Affidavit shall be executed and submitted with the proposal.
DISCREPANCIES AND MISUNDERSTANDINGS
Proposers must satisfy themselves by personal examination of the work site, Plans, Specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job.
It is the proposer's responsibility for the accuracy of their proposals and to ensure that the proposed amounts are entered correctly and mathematically checked. Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.
If the unit price and the total amount named by the proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intentions, and the totals will be corrected to conform thereto. Any error in addition of the amounts constituting the items of the Proposals Schedule will be corrected and such corrected total shall be used to determine the successful proposer. All prices or sums shall include all sales and other taxes which may be applicable. 5
A ; ARD CRITERIA
General Provision — The award of any contract shall be at the sole di tion of the City. It is the intent to make an award to one Proposer for all requirements although the City reserves the right to make multiple awards depending on the City's needs and what is in the best interest of the City. The City may accept or reject any or all proposals in whole or in part and may waive informalities in the process. The contents of the proposal of the selected Proposer will become the basis for a contractual obligation when the award of proposals is made.
Evaluation Criteria
Proposals that meet the submittal requirements will be selected for further evaluation and negotiations by the City. Selection of the top proposals shall be based on the following criteria:
B
Evaluation Criteria
Thoroughness and completeness of the proposal
Experience, references, and overall qualifications
Ability and resources to provide and/or exceed
standards as outlined in the Scope of Work
Annual cost of services
Community Benefit
Points Possible
10 Total Points Possible 100
At the conclusion of the Proposal solicitation period, the City will review each submission, and then rank the Proposals according to evaluation criteria. Upon determination of the highest ranked Respondent, the City will endeavor to negotiate a mutually agre ble fee with the selected Respondent. If the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Respondent selected by the City.
AWARD OF CONT CT
Issuance of this RFP and receipt of proposals does not commit the City to award a contract.
If awarded, the contract will be a rded based on demonstrated experience and professional qualifications. The City reserves the right to reject all proposals and to contract for services in the manner that most benefits the City including awarding more than one contract if desired. In no event will an award be made until all necessary investigations are 6
made to the responsibility and qualifications of the contractor to whom the award is contemplated.
TERM OF CONT CT
The initial contract shall cover three (3) years and the contract period shall be three years from date of execution by the City. The City may extend the effective termination date of the contract, thereafter, by mutual agreement of the parties for one-year periods, not to exceed twenty-four (24) months. The renewal periods can be authorized administratively by the City Manager.
Any increase in costs of the services, if approved by the City Manager, will be adjusted up to the C.P.I. of the Los Angeles region. This increase will not exceed 3% at any one time and the request must be submitted in writing with documentation verifying the percentage. The written request must be submitted by June 30 in order to take effect January 1 of the following year.
Proposer understands that this contract shall not bind nor purport to bind the City of Bell Gardens for any contractual commitment in excess of the original contract period. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties.
Negotiations for contract extension may begin three (3) months before the effective termination date of the agreement in force and they shall end forty-five (45) days after the beginning date for contract extension. Should the city and the contractor not agree to the terms of a contract extension, the city may request proposals for the service with the intent that the service will continue uninterrupted until a new contract is awarded.
AMENDMENT OF CONT CT
At any time during the contract, including those times when the contract is amended to extend the length of the contract, the city may, with the approval of the BeII Gardens City Manager, enact amendments to the contract that are mutually agreeable to both parties.
All amendments, with the exception of amendments that extend the length of the contract, shall take effect thirty (30) days from the date on which both parties formally agree in writing to enact the amendments unless the parties mutually agree to a shorter time period.
Any action that results in an increase in the "not to exceed' prices committed to by the successful proposer may require the city to re -open the contract to competitive bidding. 7
ADDENDA OR BULLETINS
All proposers are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the service required for this project. Each proposer shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect to all addenda to the contract documents shall be considered in the proposal and said addenda shall be made a part of the contract documents and shall be retumed with them. Failure to cover in the proposal any such addenda issued may render the proposal irregular and may result in its rejection by the City.
IRREGULAR PROPOSALS
Unauthorized conditions, limitations or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Altemative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or with- drawal will be considered.
INSU'' NCE REQUIREMENTS
At the time of execution of a contract the proposer will be required to comply with the following City insurance requirements:
1. Comprehensive General Liability. Insurance with minimum limits of One Million Dollars ($1,000,000) Including products and completed operations hazard, contractual insurance, broad form property damage, independent consultants, and personal injury.
2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million ($1,000,000) dollars per incident.
3. Worker's Compensation insurance as required by the State of California.
RE UESTS FOR CLARIFICATIONS
All questions, interpretations, or clarifications, either administrative or technical must be requested in writing and directed to:
Veronica Sanchez
Administrative Specialist
City of Bell Gardens
Public Works Department
7100 Garfield Avenue
Bell Gardens, CA 90201
All written questions will be answered in writing and conveyed to all Respondents on the Proposer's List. Oral statements regarding this RFP by any persons should be considered unverified information unless conveyed in writing. To ensure a response, questions must be received in writing by 5;00 PM October 19, 2020.
GENERAL
The City of Bell Gardens is soliciting Requests for Proposals (RFP) from qualified companies to provide crossing guard services to seven locations within the city limits.
SCOPE OF WORK
The scope of work may include:
a. Provide a program manager who will coordinate crossing guard services with a City liaison.
b. Provide a supervisor to ensure guard activities are taking place at the required places and times and that proper safety procedures are complied with. c. Provide fully trained and equipped altemate personnel to ensure all contracted locations are covered in the event regular personnel are absent. d. Provide all crossing guards with a standardized uniform and proper weather apparel and gear, approved by the Director of Public Works or their designee, which must always be wom while performing their duties. e. Provide all crossing guards with handheld stop signs and reflective vests, which comply with applicable State and City laws and regulations. f. Persons provided by the contractor as crossing guards shall be trained by the contractor. Training shall include the laws and codes of the State of Califomia and the City of Bell Gardens pertaining to general pedestrian safety and school crossing areas. Training shall also include general traffic safety for pedestrians, 9
motorists, and the crossing guards themselves. Copies of all training certificates must be provided prior to execution of the contract. Provide training for crossing guards in first aid and CPR in accordance with Red Cross certification guideline.
Copies of valid Red Cross certificates on each crossing guard must be furnished to the city prior to signing of the agreement and annually afterwards. g. Provide evidence of compliance with California Vehicle Code section 21100 as it relates to crossing guards and compliance with 21100(i) prior to execution of the agreement.
SERVICE AREAS
Due to sites with early release days, the schedule will vary by location. Total daily hours are spilt between moming and afternoon shifts at all locations. The total hours for crossing guards at all locations should not exceed 30 dally service hours with service decreasing or increasing contingent on school schedules and City needs.
Sites with Earl Release
4 sites with 144 regular days and 36 minimum days
Sites without Early Release
3 sites with 180 regular days
The necessary locations, days, and hours are noted in the table below.
Location
Total Daily Hours
Clara St./Garfield Ave. (NW) 3.5 hours
Emil Ave./Suva St. (SE -am) 4.5 hours
(SW -pm)
Florence Ave./Ira Ave. (SE) 3.5 hours
aboneria Rd./Clara St. (NW)
Jaboneria Rd./Live Oak St. (SE)
aboneria Rd./Loveland St.
(NW)
4.75 hours
3 hours
4.25 hours
Jaboneria Rd./Quinn St. (SW) 4 hours
Days
Monday through
Friday
10
Exhibit A
Required Forms for Submittal
11
Organization Performance History and eterences
Provide info r E : ation for all relevant work history for the past five (years), City reserves the right to contact any listed agency for organization reference.
1. Agency Name:
Services Provided:
From:
Contact Person: Telephone:
2. Agency Name:
Services Provided:
From:
To:
To:
Contact Person: Telephone:
3. Agency Name:
Services Provided:
From: _
Contact Person: Telephone:.
4. Agency Name: m _
Services Provided:
From:
Contact Person: Telephone:
To:
5. Agency Name:
Services Provided:
From:
Contact Person:
To:
12 Telephone:
To:
6. Agency Name:
Services Provided:
From: To:
Contact Person: wm, Telephone:
7. Agency Name:
Services Provided:
From:
Contact Person: Telephone:
To:
8. Agency Name:
Services Provided:
From:
Contact Person: Telephone:
To:
9. Agency Name:
Services Provided:
From:
To:
Contact Person: Telephone:
10.Agency Name:
Services Provided:
From:
Contact Person: _T
To:
13 Telephone:
Exhibit
Sample Contract
14
2020
CONTRACT SERVICES AGREEMENT
(Contractor: _)
(Nature of Engagement: Crossing Guard Services
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 20 by and between the
CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and (hereinafter, "CONTRACTOR"). For the purposes of this
Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, 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; and
WHEREAS, CITY requires Crossing Guard Services; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
Section 1. Description of the Work.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY crossing guard services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY's "Request for Proposals for Crossing Guard Services" (hereinafter the "CITY RFP") dated October 8, 2020 and the written proposal of CONTRACTOR entitled (hereinafter, the "CONTRACTOR PROPOSAL") dated
. W. m The CITY RFP and the CONTRACTOR PROPOSAL are
attached and incorporated hereto as Exhibits "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. 15
In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.
Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.
Section 2. Term.
A. This Agreement shall have a term of three (3) years (hereinafter, the "Term"). The Agreement may be extended by the CITY subject to Its same terms and conditions for a maximum of two (2) additional one-year extension terms, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability 16
to terminate this Agreement at any time for convenience or for cause.
C. CONTRACTOR shall perform the Work continuously and with due diligence.
CONTRACTOR shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
E. CONTRACTOR shall at all times enforce strict discipline and good order among CONSULTANT's employees.
F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
G. CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 3. Prosecution of Work.
A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as -needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY.
B. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.
Section 4. Compensation.
A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in CONTRACTOR's (Date) quote, which is attached and incorporated hereto as Exhibit "C".
17
B. CONTRACTOR's total compensation during the Term of this Agreement shall not exceed the annual sum of WRITTEN AMOUNT($) (hereinafter, the "Annual Not -to -Exceed Sum"). CONTRACTOR further agrees that the Annual Not - to -Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.
C. The Annual Not -to -Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within thirty (30) calendar days of receipt of each Invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.
Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:
CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field;
b. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
c. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
d. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Govemment Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable CaI/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; e. CONTRACTOR understands the nature and scope of the Work to be performed 18
under this Agreement as well as any and all schedules of performance; All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
g.
All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and h. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or the City or County of jurisdiction.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California. 19
Section 6. Representatives.
City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Chau Vu, Director of Public Works (hereinafter, the "City Representative"). It shall be CQNTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
b. Contractor .. Representative. For the purposes of this Agreement, _(Contractor Representative), is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.
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 Agreement.
Section 7. Contractor's Personnel
CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged In the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks. b. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
c. CONTRACTOR shall be solely responsible for the satisfactory work performance 20
of all personnel engaged in performing the Work.
d. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. e. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
f. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY. The key personnel for performance of this Agreement are as follows:
Section 9. Prevailing Wages and General Labor Compliance and Reporting.
A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not Tess than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed 21
in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the Califomia Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for 22
inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the Califomia Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.
G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance 23
with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.
Section 10. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents 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 Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 11. Independent Contractor.
a. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer -employee relationship or a joint venture. 24
b. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY. c. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this =Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
d. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
e. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.
Section 12. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shall be 25
incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement.
Section 13. Non -Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the Califomia Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
Section. 14. Indemnification.
a. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity 26
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attomey's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attomeys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
b. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
c. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
d. CITY does not, and shall not; waive any rights that it may possess against 27
CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement.
e. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
Section 15. Insurance.
a. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
4. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.
5. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
6. Worker's Compensation insurance as required by the State of California. b. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. c. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
d. CONTRACTOR agrees that if it does not keep the insurance required in this 28
Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.
e. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be fumished at least two weeks prior to the expiration of the coverages.
g•
The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.
All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
h. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
k. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
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I. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as full performance of CONTRACTOR's duties to indemnify, hold harmless and defend under Section 15 of this Agreement. m. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the altemative, CITY may cancel this Agreement effective upon notice.
n. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Section 16. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
Section 17. Termination.
a. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made In writing signed by either the City Representative, the City Manager or the Assistant City Manager.
CONTRACTOR may only terminate this Agreement for cause. b. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the 30
Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. CONTRACTOR shall cure the following Event of Defaults within the following time periods:
Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 3 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from theend of the initial 3 -day cure period; or
Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an 31
Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30 -day cure period.
If an Event of Default relates to a material falsehood or misrepres;ntat'ion set forth in Exhibit B that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as as breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior wiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR's issuance of a Default Notice, unlVess the (Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, CITY may submit a written request for additi nal time to cure the Event of Default upon a showing that CITY has corn enced its efforts to cure the Event of Default and that the (Event of Default cannot be reasonably cured within the 30 -day cure pelod. The foregoing notwithstanding, an Event of Default dealing with CU'TY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's ' efauit Notice to CITY,
3. CITY, in its sole and bsolute discretion, rnay also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default tsy giving CONTRACTOR r ritten notice of CITY's intent to suspend CO"' TRACTORs performance (hereinafter, a 'Suspension Notice"), CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CONT CTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, pr'ivil e, or service. volun rily given or performed by a Party shall give the other tarty any contractual rights by custom, estoppel, or otherwise..
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5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 18, Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and 33
without the fault or negligence of CONT f CTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and If In the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section.
Section 19. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY:
City of Bell Gardens
7100 S. Garfield Ave.
Bell Gardens, California 90201
Attn: Chau Vu, Public Works Director
With a courtesy copy to:
Rick Olivarez,
Olivarez Madruga Lemieux O'Neill, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
If to CONT ` CTOR:
CONTRACTOR NAME
ADDRESS
Attn: CONTACT NAME
Phone:
Section 20. Prohibition. CONT y CTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR. 34
Section 21. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 22. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
Section 23. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 24. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 25. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 26. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
35
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF Bell Gardens, a municipal CONT'f:CTOR NAME
corporation
By:
Michael B. O'Kelly
City Manager
Date:
APPROVED AS TO FORM:
By:
Rick Olivarez
City Attorney
Date:
By:
Name:
Title:
Date:
36
EXHIBIT "A"
CITY RFP
37
EXHIBIT "B"
CONT CTOR PROPOSAL
38
HIBIT "C"
CONT CTOR QUOTE
39
HIBIT "B"
C0NT CTOR PROPOS
21
"The Crossing Guard Company"
A Proposal for
City of Bell Gardens
Public Works Department
Crossing Guards Services
October 29, 2020
Presented by
10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540:9290 FAX: 310.202.8325
EMERGENCY DISPATCH: 877.363.2267
www.thecrossingguardcompany.com
Introduction
October 26, 2020
City of Bell Gardens
Public Works Department
Crossing Guard Services
8327 South Garfield Ave., Bell Gardens, CA 90201
Dear Chau Vu:
On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the City of Bell Gardens Crossing Guard Program. We are proud to have served the community of Bell Gardens for the past twenty- nine years.
We have received the Notice Inviting Proposals. I have reviewed the Proposal Instructions, Scope of Work, Sample Services Agreement and Addenda. We agree to the terms and conditions set forth with exception to Sample Services Agreement Sections 4 - Compensation and 11 - Indemnification.
Please see our proposed modifications on our Exceptions Page included in our response.
Please note with the State of California Minimum Wage increasing annually through January of 2023, we will increase guard wages annually and this will be reflected in our pricing. Additionally as you may be aware, the State of California has a Labor Law pertaining to individuals who work a split -shift called "Split -Shift Differential" which entitles those individuals to be compensated at a minimum, an additional hour at the minimum rate of pay. Based on labor market conditions we plan to compensate the guards in this program an additional 1.5 hours per day. Our management of the City of Bell Gardens Crossing Guard program provides us a unique understanding of how to maintain a consistent workforce. Providing compensation that exceeds the "minimums" has allowed ACMS to hire and retain the qualified personnel needed for this position. We shall determine the coverages times based upon bell schedules and sub-sequent changes and our pricing will be in compliance with state requirements. Please see our attached pricing.
Our goal is simple, to continue to relieve the City of Bell Gardens of the day to day responsibilities of managing a Crossing Guard Program. As your full services contractor, we have assumed complete responsibility for the day to day operations of the Bell Gardens Crossing Guard program, This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision, and management of the program.
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is City Mruagement Services, Inc. (ACMS) Serving over 250 cities, counties, and school di cts, we have successfully privatized ud exclusively provided Crossing Gur, d s trrr ices for over 34 y se ACMS currently employs over 6,500 Crossing ds who supported by over 150 locally assigned Ar Supervisors s nd level mi agetnent. We have experience mss " g s 1 pro ;2r s (19 or less), Y:arsd-s" p s (20 to 99) and large progr as in excess of 100 Crossing ds.
O ility to operate .d manage the City of Bell G ens Crossing our success op ting the Bell Gardens pro r 7 surd with simil*r pro few of these prow rove include: City of South ( iaate, City of P ux.0 count, No District, City of Do ey, City of 2* a esia, City of 'ur"tier, City of ellflower, City of 1-luntin ? n Park, City of Lomita, City of Los AI nitos; City of Lynwood, City of Montebello, City of San Gabriel, City of San Marino, City of T Tri ple City, Los eles Office of Eihi ration and moray others.
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based upon a low-cost o rag. Our sin lEr= a of ; "School Chslrr Safety" bles all of our resources to be devoted to the development and delivery of prog that provide exceptionally high safety ds and client sat ction. It should be not that ACMS as never lost a client agency due to the level of service provided.
It should be noted that ACMS has never lost a client agency due to the level of service provided.
COMPANY PROFILE
AB City Management Services, Inc. (ACMS), is a California based Corporation founded in 1985.
We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We currently have over 6,500 employees dedicated to safety, serving cities, towns, communities, schools, and school districts nationwide.
One defining issue that distinguishes ACMS is that we are the only company that exclusively provides School Crossing Guard Services. It is our commitment to limiting the scope and focus of the company to School Crossing Guards that has helped us emerge as "The Crossing Guard Company". We have successfully privatized the Crossing Guard programs for over 250+ agencies.
Ultimately our clients become the beneficiaries of our single-minded approach toward this industry.
The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections.
One of the benefits we bring to any agency is our expertise in overseeing a seamless transition from public to private management of the program. The continuity of the Crossing Guards' employment is a key component of a seamless transition. We value the experiences and understanding of the Crossing Guards currently working in each program we manage. Much of our success with individual programs is a result of the experience and knowledge these Crossing Guards bring to our management.
With over 34 years of experience, ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision, and safety.
Each program we have taken on has brought a unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies, and procedures to benefit all Crossing Guards in all the cities, towns, and communities we service.
All City Management Services, Inc. has not lost a client agency due to failure or refusals to complete a contract and has not lost a client x ency due to the level of service provided. ACMS nor its principals, directors, or officers nor majority stakeholders have ever voluntarily filed for or put into bankruptcy or has ever been declared bankrupt. ACMS has never had an interest controlling or non - controlling another entity.
''I
Approach and Management Plan
ACMS employs a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The Vice President of Operations and Regional Support Manager work together (with input from City of Bell Gardens) to establish specific program objectives and expectations. These Senior Managers then work directly with your Regional/Program Manager and Area Supervisor to implement the management plan.
The Program Manager along with your local Area Supervisor; has responsibility for the direct management of the Crossing Guards and together they will continue to ensure City of Bell Gardens operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decision -making process. This helps reduce confrontational attitudes by establishing and enhancing the common goal of providing for the safety of school children.
Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by the local Area Supervisor and Program Manager.
In addition to verbal training and counseling, these managers are supported by the use of Field Training Check Lists (attached), Field Training Cards (attached), Site Performance Evaluations (attached), independent Field Observations and a professionally produced Crossing Guard Safety DVD. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Bell Gardens representative.
Background checks will be completed on all potential employees as allowed by California state law. Successful completion of the background check, Social Security verification via E -Verify is required prior to the employee being hired. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records.
After pre hire screening ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management. ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our Employee Manual.
Internal minimum passing standards along with City of Bell Gardens established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any crime of moral turpitude or a crime against children, including, but not limited to:
Conduct in violation of California Penal Code or which requires registration under California Penal Code
s Conduct which requires registration under California Health and Safety Code.
9 Any offense involving the use of force or violence upon another person. • Any offense involving theft, fraud, dishonesty, or deceit.
Any offense involving the manufacture, sales, possession or use of a controlled substance
Conspiracy or attempt to comment any of the aforementioned offenses. 9 Any registered sex offender or narcotics offender.
Summary reports of background clearance on employees within the City of Bell Gardens Crossing Guard program will be regularly available to the City.
ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to City within two (2) hours to advise the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint.
Communications with individual school sites is facilitated by the Field Supervisor. Personal visits are made regularly (minimum quarterly) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange.
Calendars and bell schedules are obtained for each school both at the beginning of the school year and periodically throughout the year. Key school personnel are supplied with appropriate contact information (business cards) and reminded to inform ACMS of any changes.
Additionally, schools are provided with large magnets which can be easily displayed making contact information effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly contact each school and proactively solicit information regarding potential schedule changes.
The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it takes for students to walk from a remote location to the school site (or vice versa in the afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns enabling a better understanding of site needs and any potential deviation from established guidelines.
ACMS Area Supervisors are in the field daily when crossings are covered by the guards and they ensure all guards arrive on time and are ready for duties as scheduled. ACMS is in the final stages of developing an application (App) that will monitor guard attendance via cellphone and will improve efficiency in our timekeeping.
All City Management Services, Inc.
FIELD TR ING CHECK LIST
As an Adti.lt School Crossing Guard for ACMS, you must gain complete understanding and working knowledge of each item listed. You are required to ask questions and/or practice each procedure until you are able to perform the task from memory` A. SCHEDULING
1. Must re.luest time off as ..:0411, as p rssibJe but no latex than 48 hours In advance. i
. Emergencies wikL l �., i Is o ,,, rt. urs nunec vnll be chared anal documented as an absence. Excess absences will remit in di b. When request tar . _ n advance diR an emerency) g°ort ma NOT helve a reessacc — yen musts. snit with someone. , 2. Alternates must is p tort ilia tai a thou° ara NOT available for work to their sn;servisnr no later than noon Friday` of
3. Must re;:,ort to work on time and remain at their location for the entire scheduled shift. a, Zero tolerance _olic.= for atrivin, late or leavinc earl _.
B. PERSONAL CONDUCT
1. Must wearcompsauy-issued his It visibility hat with company Ioso. clean v proper shoes_ 11) 2. Must be alert,
, be attentive and visible at intersection at all times while and v. No p, whittle,no sea ing? proper ! 1
vest,
3. Must be alert, alts _.. i� agility P� on duty. No phone.„ no ncadin� no visitorsr otc.
4. Must demonstrate the necessary tdren and to perform job safely. Able to raise and hold stop sign overhead able to star+ off from and onto curb easily, able to consistently walk safely at o rate of 4 feet iser second.
C. PROCEDURES themselves
. peds who will allow
2. Must Same ive sal ios look instructions
n to oeds and athem please all seds weho . ro crosswalk- a. srt on the
M era tf s
curb until cal /look both u°ay=
b. O, smite side of street: must show stop signal with hand and ask peds to wait until called
3. Must always attempt to hold all peels to the curb until guard has control of the crosswalk. a Same side of street; following verbal instructions, use arms and stn si: n as "'cites" to hold ;,ads to ctuh b. Os .site side of street; get attention of ;weds and hold u free hand in star signal, ask them to ", lease wait"
4. If ; eds do not comsly with. first Instruction to wait, must make second attempt Same side of street: when stasins off curb turn back to ccdestrians, show stop et free hand and a:ain opposite side of street; continue to bold u; free hand, show stos signal and continue to give mstnections W wait. nit for prompt si nal or ttdeaauate break is traffic before starting the cross. us, pedestrians before erossins asins Intervals similar to those of a traffic sl, sal. two-handed cross with free hand "Wended in STOP signal to control pedestrians and vehicles. Pay special attention to r Zones I resented by tornin_ vehicles.
b tell-risyht-left for vehicles before stey,l �s from curb. Don't ust use your eyes, tarn vour head SEARCH
9. Icy. all pedestrians into the street with voice si =nal only fno hand Ins to move forward) Si,eak loadiy and dearly. the intersection fu enough to assume and maintain control over vehicles. Discuss right turns in lanes away from guard's I-asitim, controlled vs. non -controlled intersections, traffic signals vs. dot ais ns.
St maintain sodden 1=rimarlla at eke of the crosswalk nearest to and facing the center of the intersection. st continue to suard ale alnst vehteles ap ptroachins, or entering the crosswalk dnrl, the entire arose Turn body toward moving vehicles and show face of stn sign. b. Use whistle to et motorists attention if necessary.
13. Must have all pets safely on the sidewalk before leaving intersection. Pay special attention to vehicles that still provide a threat on opposite aide of street (movies forward or magma rlebt turns,.
14. Must hold the STOP sign hilt above head for entire time in the crosswalk.
15. Must not direct traffic. Under no circumstances may guard show motorists any sfa sal othar than STOP.
16. Must control the use of bicycles, scooters, skateboards and/or rollerblades by students i,rlor to their enterins the crosswalk a Individuals on bicycles a ;machine crosswalk on the sidewalk (either side of street) must be asked to walla bikes across street b. Individual on skateboards must be asked to carry the skateboard across the street. a Individuals on roller blades must be asked to skate slow enou Ph to remain within the _selection zone of the guard
17. Whistle is to be used for ewer .net .tr; t. of of vehicles and/or pedestrians -use only one long; loud blast to stank STOP.
My initials on the check list abov:, and signature below indicate I have reviewed the outlined policies and procedures, had the opportunity tn have my questions answered and understand my responsibilities to perform these duties. Additionally, I understand there is a zero tolerance policy for reporting to work late or leaving my post early. ns
PRINT Name
City/Department Date
REV: 0037 13
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All City Management Services, Inc,
SITE PERFORMANCE EVALUATION
Status: REG ALT
EMPLOYEE NAME (Print) City / [Dept Code
S = SELDOM: Employee seldom performs the task at an acceptable level to meet position standards.
Immediate improvement in performance is mandatory.
U = USUALLY: Employee usually performs the task at an acceptable level to meet » anion standards.
Performance demonstrates understanding of duties but improvement is necessary.
A = ALWAYS: Employee consistently performs the task at a level that meets position standards, Performance is fully acceptable and demonstrates commitment to duties Must achieve and maintain a 'Yes" grade indicating full compliance with Items 1-5 in Section A: Mandatory Compliance.
Must achieve and maintain minimum of "Llsually" grade in Section B, C and 1). Failure to achieve and maintain these grades wuil result in further disciplinary action up to and including termination of employment.
A. MANDATORY COMPLIANCE must score YES on 1-5 or receive mandatory disciplinary a cL''on NO YES 1, Does guard cross all pedestrians who will allow themselves to he crossed safely?
2. Does guard attempt to hold all pads to curb on both sides of the street until guard takes control of the crosswalk?
3. Doss guard make second attempt to hold to the curb those pads who do not comply with the first attempt? "aidenter
4. Does .__._......,__.__ ____.....
y r the intersection far enough to assume and maintain control of the crosswalk? 5, is guard alert, attentive (no phone, reading, visitors, etc) and at the crosswalk when not actively crossing? B. PEDESTRIAN CONTROL
1. Does guard give all peds clear instructions to wait until called and to look both ways before leaving the curb;"
2. Does guard control use of bicycles, scooters, skateboards and/or rollerblades in crosswalk?
3. Does guard refrain from using hand signals (other than stop) and give only voice commands to pawls?
4. Does guard have all peds safely on the sidewalk before giving up control of the crosswalk'? C. INTERSECTION CON OL
1. Does guard wait for prompt signal or adequate break in traffic before starting ine. cross?
2. Does guard look left-rlght•Ieft for vehicles before stepping from curb? g . . for h. .. approaching
g ro- ___... g
3. Does guard continue to look in all directions f©r vehicles appe+oachin the crosswalk during the entire cross?
4. Does guard maintain position primarily at edge of the crosswalk nearest to and facing center of intersection? a, Does guard use two-handed cross bmnth free hand extended in STOP signal to control rol peds and vehicles? & 6. Does guard hold the STOP sign high above their head for entire time they are in the intersection?
7. Ooes guard refrain from directing tragic under all circumstances? D. PERSOAL CONDUCT
1, Does guard wear company -issued hat with logo?
2. Does guard otherwise conform with proper uniform (clean/closed vest, IL) badge, proper shoes and clo 3, Does guard give adequate notice in adv. , e of requesting time off?
4. Does guard demonstrates the neces, s, strength and agility to perform job safely?
COMMENTS
9 S U A
I have discussed my performance scores with my evaluator, I understand that if I disagree with my scores, I may submit a letter to the Main Office stating my objections (see Employee Handbook for further details), Employee's Signature Date
___ Evahetiiii Signature Date
On this date my evaluator and I discussed the potential for trip and fall [Diodes midi was reminded tau always tee the curb cuts. understand 1 should periodically check for potential safety hazards sad report then" to my supervisor and/or complete and rid Illness Prevention Pro o -am form sup riled in rout' Ernplovere Handbook.
REV: 8 11
Recruitment and Staffing
ACMS Managers will continue to assess the staffing needs of the City of Be11 Gardens on an ongoing basis. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed.
We have developed a comprehensive plan for recruitment of new Crossing Guards. As a part of our Staffing strategy we encourage a very aggressive recruitment program. We utilize soft advertising, local media advertising, targeted flyers, on -site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy.
We often work closely with school districts in some of our recruitment drives.
Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance.
Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards.
♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards
+ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. • Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of insuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or show for duty.
Supervisor Teams — The City of Bell Gardens would benefit from our presence in nearby cities such as: Torrance, Lomita, Los Alamitos, Cypress, Bellfower, Compton, Lennox, Manhattan Beach, Lynwood, South Gate, Downey, Lawndale, Rancho Palos Verdes, Rolling Hills Estates, Huntington Park, Cudahy and El Segundo. Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share relief guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors.
Consequently, we are able to retain a more stable group of alternate guards.
Employee Retention: To _ xce employee satisfaction and support our retention. efforts, ACMS reviews t ds wage rates ann y in an effort to continually remain competitive in the local labor market. If contractual and budget requirements allow; we plan to offer small wage increases a minimum of every two (2) y s based upon performance and tenure.
We also provide publicized employee recognition through our Crossing Guard of the Y pro __+t s and gth of Service Awards. Additionally, we provide local Area Supervisors and small budget for employee socials.
Training
Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 34 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence.
The process begins during the first contact with a potential employee when our phone interview process outlines job expectations and our zero -tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees.
Once hired, the training process starts in the classroom where employees review sections of the "Employee Handbook for School Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety". The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employee's progress is closely noted on the detailed steps outlined on the the Field Training Check List to ensure the employees' field competence. This cross -modality approach not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory and kinesthetic learner. While the classroom setting is expected to require approximately one hour and the field training approximately two hours, it's important to note that the low ratio of students to trainer allows for accurate assessments of the employees readiness to move forward.
The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing of a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new employees are required to carry and regularly refer to the Field Training Cards. This pocket - sized card (listing all steps for a safe cross) allows the employee to self -evaluate their performance prior to the time they have all steps of the procedures memorized.
Throughout their employment, employees are subjected to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen in both side - by -side sessions as well as unannounced observations without the knowledge of the employee.
The standard issue equipment and clothing includes:
ANSI II compliant high -visibility retro-reflective vest marked with the required insignia of a Crossing Guard
a MUTCD compliant 18" STOP/STOP paddle
• Picture Identification Card with emergency contact information Company -issued cap or visor with corporate logo
• Whistle for emergency alert to vehicles and pedestrians • High -visibility ANSI H compliant wind -breaker jacket
Area Supervisor
Rita Newell
323 613 1171 cell
City of
ell Gardens
Vice President of Operations
Patricia Pohl
310 877 7045 cell
R onal Support Manager
kg
913 333 2 cell
ona + - j ager
K Hudson
562 202 cell
Field Management Personnel
The most significant resources ACMS brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. The community of Bell Gardens will benefit from a team concept which consists of Area Supervisor, Regional/Project Manager, Regional Support Manager and Vice President of Operations. Each Member of our management team is available 24 hours a day via cellular telephone. The following is a brief synopsis of the respective duties of each.
Area Supervisor (Rita Newell): Rita will continue to be the Area Supervisor for the City of Bell Gardens program. She will handle all aspects of the daily supervision of the program of seven (7) Crossing Guards and altemate/relief pool. With support from the Program Manager and Regional Support Manager she will typically recruit, hire, train and provide personnel management for all the sites they oversee and interface with school staff as needed. In addition to communicating with the City and School staff, she is responsible for ensuring each employee receives the proper number of Site Performance Evaluations, completed the Certification mandates and will provide a comprehensive service report every 90 days to City personnel. Your Area Supervisor reports directly to the Program Manager.
Regional Manager (Kelly Hudson): Kelly has over 6 years in this industry and will oversee the program and directly manage your Area Supervisor and serve as Program Manager, providing training and support. She will also interface with the City of Bell Gardens representative and School staff as needed. Kelly will assist in the hiring of the Crossing Guards as well as the development and implementation of training programs and certification standards. She will ensure compliance with Company standards and City of Bell Gardens expectations. Kelly reports directly to Regional Support Manager.
Regional Support Manager (Kim Brooks): Kim has over 5 years in the industry providing field management and support for ACMS. She is responsible for the development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions. Works directly with Project Manager to ensure all program standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs. Kim Brooks reports directly to Vice President of Operations.
Vice President of Operations (Pat Pohl): Pat has over 26 years of industry experience. She is responsible for overall contract compliance. Works with the Regional Support Manager on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff.
PA C _r= . PO
21896 Red River Drive, Lake Forest, CA 92630 ., 310.877.7045 STORY
2010 to present All City Management Services, Inc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, California 90670
Vice P ident of Operations: Full responsibility for the planning, direction and coordination of all field - based leadership personnel nationwide (250+). Accountable for development and implementation of cost - 'ye procedures to meet current and company needs. Responsible for all aspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimum safety :s 1998 to 2010 All City Management Services, Inc.
1749 South La Cienega Blvd.
Los Angeles, California 90035
Operations Manager: Acco a ts:ble for man ement of day-to-day operations of field 50+ area supervisors.
Responsible for development, implementation and compliance for all training programs as well as Safety Certification f dards for all Crossing Guards.
1994 to 1998 All City Management Services, Inc.
1749 South La Cienega Blvd.
Los Angeles, California 90035
Area Supervisor: Responsible for hiring, training, coordinating and scheduling 45 school crossing guards.
Served as company liaison to city go v s;ents, school districts and community. 1967 to 1994
Various s,g t, Sales and Admini r°.five Positions
Restaurant Man≥ ter, Advertising Sales Account Representative, Executive Assistant, Office Manager:
Employment history of repeated promotion to positions of leadership and management based on work ethic and commitment to the success of employer.
PROFESSIONAL ASSO T NS
Previously invited to serve as the only private sector re ntative on:
California Crossing Guard Training Expert Review Panel
Safe Routes to School Technical Assistant Resource Center (SRTS TARC) a project of California Active Communities within the California Dep. rsr.ent of Public Health (CDPH) Previously retained as Expert Witness and Person Most Knowledgeable in several litigations related to personal injury ar-idents involving School Crossing G s.
Florida Dep ent of T ortation
School Crossing Guard Trainer Certification, currently status; active
i„ erly •roo
15607 W. 83i1 Street • Lenexa, KS 66219• (➢13)952-9159
kim@thecrossin
GION SUPPO
T
.com
AGE
Proven adv a for pedw +'an safety by e ` }` ,rety • ,' i g company policies and procedures to employ . Operations leader that utilizes training and men; 'ng techniques to develop continuous improvement efforts with Regional M gers toward R,., development.
Skilled in organizing d planning fix complete site coverage. Effective in recruiting iv, _ various sources and using sy Y c planning to align resources. Excellent communicator capable of building relationships with clients, supervisory staff, gu r and inte ::ly at any o m; ti+ _, ` level. ✓ Client en=^:gement
1 Recruiting & Training
✓ Relationship Builder
ALL CITY MANAGEMENT SERV)
1 Safety foc :.
✓ Coaching & Mentoring
✓ Problem -solver
Professio 4: Experience
onal Support eager — May 2020 to Present
• Responsible for overseeing the day-
• Identify challenge pro s in coop ion wits
• Oversee Client Relationships.
• Assist in the development and _ . - ition of new
s of the Regio 1
'onal Manager.
2016 to P
National Advertising and rafting Coordinator — February 2018 — May 2020 • ye advertising and nationally.
• it, hire and train Recruiting Co ators to build relationships wi unity, • Collaborate directly with Regional : + ger to combat . ing issues wi 'n - directly. • • . elop new _ + tegies for recruiting.
Regional Supervisor — September 2016 to 2018
• Administer policies through training of supervisory staff and monitoring compliance of p rmanee.
• Serve as liaison ' con ling point of contacts and company to communicate and resolve any op : 'onal issues such as site modifications and pedes ' counts. • Oversee pro s covering over 200 sites in Kansas, Missouri and Iowa. • • i er d 'es i lude approving payroll, on • _ ding and training employees.
Area Sup or —July 2016 to 2018
• Recruit, train and crossing gu.. in the
• Overall : + +r ini 've functions for the area.
Ci
o
e
K' r berly . Brooks
SEiCURITAS
C r g Guard — August 20I5 to May 2016
s Conduct safe crossings for pedestrians.
VARIOUS DENTAL PRACTICES
2015 to 2016
1992 to 2013
Expanded Functions Dental Assistant — 9 y
• E ded functions include placing composite and amalgam fillings, polishing fillings, packing retraction cord, 'ng impressions for crowns, bite splints, and making temporary crowns.
• Working with children that have special needs.
Charting treatment plans and patient chart maintenance. • Di , preventive and tre *,rent consultations with patients.
Dental Assistant — 12 years
• Chair -side duties include assisting in all procedures including fillings, crown preps, root canals and surgical extractions.
• Scheduling appointments, creating + t f ent plans and presenting them to patients. • Supply management, equipment repairs and maintenance. ntain OSHA Education and Training
Johnson County Community College
equisites for Dental Hygiene
State of Pennsylvania
Certificate of Radiology
York Vocational Technical School
Dental Assistant Te 'cal School
Kelly Hudson
Jidda 2i{f?gmall,COi�t
323.377.7998
10/14`- Present All City Management Services Santa Fe Springs, CA Regional Manager
• Manage the day to day duties of 16 Area Supervisors with over 5O0 crossing guards in over 65 cities.
• Sustain and preserve positive relationships with Superintendents, Principals, and Police Officers of multiple cities such as Los Angeles County, Manhattan Beach, Oak Park, Agoura HIIIs, West Hollywood, Paramount, Torrance, Palos Verdes, South Gate, Culver City, Compton, El Segundo, Los Angeles, Beverly Hills and Ventura County. • Work both from home and in the field
• Recruit, hire, retain employees- coordinate daily schedules for Supervisors • Conduct proper orientation, training, agility screen, field Instruction • Multitask and remain calm under high stress situations • Ongoing safety review and investigation of employee conduct • Maintain a high standard of excellence in safety and professionalism for the day to day operation of all school crossing guards and field supervisors • Report and maintain ongoing investigations of any illegal matter and suspicious people, as well as any activity deemed threatening including potential hazards within and around the crosswalk that could potentially harm pedestrians. • Keep a daily log, submit administrative paperwork Including payroll, recognition, complaint logs, corrective action reports and terminations • Observe and report any faulty traffic lights, broken street and sidewalk structures • Scout and survey pedestrian/vehicle counts as well as level of pedestrian risk at various intersections that are in need of crossing guard service for new clients 12/12'- 8/14' Fiore Home Accessories, Sunset Plaza, West Hollywood CA Executive Buyer/Sales/Operations
• Market Analysis
• New Vendor Procurement
• Sales floor design/merchandising
• Trend Anticipation & Forecast
• Account Management
• Sales/Sales Evaluation
• Contract Negotiation
• Inventory Maintenance
• Day to Day Operations
11/09'- 07/12' ZARA USA: Department Manager Hollywood, CA/Santa Monica, CA • Kept up to date on product information regarding fits, fabrics, sizes and current season trends
• Placed orders for department based on sates and latest market trends • Oversee the receiving of new shipments (stockroom/sales floor layouts, garment sensors, displays)
• Consistently met budgeted hours/sales goals set by upper management while striving to exceed expectations
• Recruits, interviews, develops and maintains a strong department team members • Ensures the proper training for all staff and recognizes potential candidates for promotion
• Organized all issues relating to general services {operations, maintenance, store orders, plumbing, heating/cooling)
Worked closely with General Manager to meet shrinkage goals within their department
• Consistently met budgeted hours/sales goals set by upper management while striving to exceed expectations
10/07'-11/09' Macy's West: Visual Team Member/Team Lead of Visual Merchandising, Beverly Center, Beverly Hills, CA
• Communicated closely with the General Manager, Visual Manager, Merchandising Team Managers, Vendors/Reps and Shop Managers in order to execute one clear concise idea for the brand or season
• Production work, prop design, construction and placement • Re -grid collection pads according to color and new arrivals to keep the merchandise organized and up to date, in order to create a fresh and alluring shopping environment for the customer to Increase sales • Direct team with floor moves and new collection roll -outs • Install and execute visual window displays for Macy's Men's Store • Create clean yet fashion forward looks for both women and men mannequins to introduced new collections to the customer
• Mural painting
• Utilize lighting to enhance product
1/07'-10/09' WEST ONLINE: Complete automotive retail services, Culver City, CA Director of Operations
• Management
• Leasing
• Lease Returns
• Office accounting/set up
• Staffing & Scheduling
• Advertising
• Marketing
• Design
99' -July 03' Reign Restaurant: Upscale Contemporary Southern Cuisine, Beverly Hills, CA Restaurant Manager
• Manage 40 pe •n staff, front and back house employees. • Open and close restaurant on a daily basis.
• Operations, building maintenance, Human Resource Support • Loss Prevention & Fraud Monitoring
• •'site Catering Coordinator/Planner (private and hall) • Staffing and scheduling
• Floral arrangements
• Wine & Food Vendor Procurement
• Creativity required when ordering and stocking restaurant and bar supplies due to high demand and limited budget.
• Maintaining employee morale while simultaneously adjusting to constant cooperate changes due to court receivership.
• Expedite food on high volume evenings.
• Total restaurant capacity of 400pp1
References liable u request
eerences
Organization Performance History and References
Provide Information for all relevant work history for the past five (years). City reserves the right to contact any listed agency for organization reference.
1. Agency Name: City of El Segundo CA
Services Provided: CrossinGuard services for 6lo
From: December 31. 2009 To: Current
Contact Person: Joseph Lil3io
2. Agency Name: Lennox School District, CA
Telephone: 310 524 2318
Services Provided: Crossing Guard services for 8 locations.
From: July 1.2013
Contact Person: Scott.Prise
To: Current
Telephone: 310 65 4000
tv of San Gabriel CA
3. Agency Name: Ci.��..�.,..�.n�a,.�..,.��.,.,�,� ... ..m�_� mm.
Services Provided: Crossit Guard services fos
From: Atkust 18 2014 To: Current
Contact Person: Rene Hernandez
4. Agency Name: City of Montebello, CA,
Services Provided: Crosses Guard se.
From: July 1.2004, To: C
Contact Person: Kevin McClure
5. Agency Name: City of Lynwood, CA
Services Provided: Crossi Guard
From: Auf,ust 16. 2001 _
Steven Avalon rt rt. 266
Contact Person: Telephone: ,3 10 603 0220 E „mm
Telephone: 626 308 2860
ocations.
Telephone: 323 8871286
1 To: .Curren
12 1
on
6. Agency Na
• City of H
n Park, CA
Services Provided: Crossing_Guard services for 10 locations.
From: August 1, 19; To: Current
Contact Person: Patrick Kra t Telephone: 323 826 2169
7. Agency Name: City of ower, CA
Services Provided: Crossin? Guard services for 14 locations.
From: November 13, 1995 To: Current
Con ct Person: Joel He an
Telephone: 562 925 0124 Ext. 2 2
8. Agency Name: City of . CA
Services Provided: Crossing Guard services for tO locations_ From: November 13, 2005
Con ct Person: P dF -s) Eiahath
9. Agency Name:
To: Current
chool District, CA
Telephone: 562 865 6262
Services Provided: Cross =g Guard services for 12 locations.
Fro . September 1 2008 To:
Contact Person: Il clue] Gas
10.Agency Name: City of_ A
Servi s Provided: C ssin; Guards
From: July 14, 2016 To: Current
Con ct Person: Maria ©'Co
Telephone: 562 789 3073
Telephone: 562 4312255 Eat 405
We are pleased to announce we will tre starting services with the City of Carson, CA for the 20/21 school year.
Please see a } f banal references attached
13
In addition to our numerous current clients, ACMS believes the * ference for our services is when a client re r to ACMS = ": r trying services of another con _ for that does not specialize in Crossing d S ices.
The City of Fremont was a client
company follo r t an caber of ye with ACMS.
The City of Fremont s _ ` report hi
justification for re g to All City agement Servi "The Crossing G ._ Company".
S ` report is available upon request.
decided to contract with a lower price security guard
ights the issues they had with their service and their
We cannot think of a ■ * er o u ► e a 'on than a Ci
service from another n tor.
Additionally, the following agencies have returned to ACMS follo s= +� e security d comp
City of Pleasant Hill
City of Palo Alto
County of Marin
Twin Rivers USD
City of Lawndale
Orange County Sheriff's
to ACMS after poor
experience wi s
Fremont Clty Coundl
3300 Capitol Avenue
Fremont, CA 94536
aarlouLED
Meeting: 07/11/17 0
Div/Dept: Ponce
: Agreements end
STAPP REPORT (ID 0 3102) h1DC lo. 3i02
SCHOOL CROSSING GUARD SERVICES - Authorise the City Manager, or His Designee, to Execute an Agreement with Ail City Management Services, Inc. for School Crossing Guard Services in an Amount Not-to.Excead$771,000 over three years.
Contact Persons:
Name: Mark Deng
Title: Police Sergeant
Div/Dept: Police Department
Phone: 510-790-6761
E -Mall: mdengalfremont.gov
Deirdre Rockefeller -Ramsey
Business Manager
Pollee Department
510-790-6991
dramseylefremont.gov
Executive Summary: The purpose of this report Is to recommend that the Council enter Into a one year contract with All City Management Services, Inc. for adult crossing guard services, with options for two additional one year extensions.
IIACKGROUND: The Oty of Fremont's Adult Crossing Guard Program was outsourced to All City Management Services CACMS7 in 2001 in order to reduce the amount of police staff time required to manage and supervi9e the crossing guard program. From 2001 to June 2014, ACMS provided services for the community by safely crossing school -aged children walking to and from specified elementary schools, Services provided by ACMS Included the recruiting and hiring of crossing guards, training, pissing paymil, providing crossing guard coverage, daisy supervision of the crossing guards, and overall management of the program. The Police Department oversaw ACMS's activities to ensure that the program ran smoothly.
In 2014, the City went cut to bld for crossing guard services for the 2014/2015 school year end the award went to the lowest bidder, American Guard Services (AGS). The Service Agreement provided for a one year term, with two optional one year extensions. The Clty has had several Issues with AGE' services during the three years, more particularly In the lest school year. Stalling during the first few months of the 2014/2015 school year had periodic unexpected vacancies, which were resolved by the second half of the school year.
ASS overbilled the Clty during the months of August and September 2014. The Oty discovered the billing error, which W'5 refunded by AGS. AGS' service was adequate during the 2015/2016 school year.
During the 2016/2017 school year, crossing guard positions near Cabrillo Elementary School, Forest Paris Elementary School and Leitch Elementary School became vacant. On April 3, 2017, a school aged pedestrian was hit by a vehicle and suffered a severe Injury at the vacant crossing near Cabrillo Elementary School. The crossing guard position at this location near Cabrillo Elementary School was restored after the collision. AGS was never able to again staff the locations near Forest Park Elementary School end Leitch Elementary School during the 2016/2017 school year. In addition, the City discovered another billing error in AGS' Invoices in the spring of 2017, dating back to the beginning of the 2016/2017 School year, AGS had under-bifled the City as a result of a discrepancy between actual hours Updated: 7/5/2017 2:41 PM by David Persselin Page 1
Staff Report (RD mt alcrio
Meeting of ]arly< 11, 2017
wcwrkeri lay guards as reported by the field supervisor .and hours reported to the City by AGS office scaiff,
inducted traffic surveys at 91Aaewvn seed p deatrim
provide a one hour peak p i s,, bicycle, and pedestrian mot di in June 2017 and the counts were analyzed
crossing guards, I pant to the maters af
ntrol Devices (F9L TCD), three additional
the to rwswr^rrlser of crossing guard staffed
tor Proposal was limed for adult crossing ing guard services (&tP 4""'a# it3- Irwsssh9:arat to recruit, select, and employs cro ng yl nerd , provide p end provide field supervision. ree van wapond w 'ith
prop requir d raryl c American Guard %anima, add CIS tanagement Services, anal ARM 1n utrrret1 L
Amwl n
crossing
r 'Vend
Mate
unarrtici
fie
s du
Ali Cities
perfcora'vwing r r elrrrd aura s
gOEXI N rvlce< reliability,
additional municipalities that c
ACMS and recommerwried their
California mon
emac for Arne
One mru ici degwu to servic,e
fee The second mint pailtiya r tparted consistent
nd substandard are n uat p rflrrrr once .
Brat tho majority of ttu it gaff time mono
ttr AC'S paarfron rarwre Issues,
Y ntdy perform
n
t�wr
and
d rwi California municipalities where they are currently brae erences respond dto inquiries, and report'd
helve oversight of their programs. Staff carte d four
nw Liy contract with ACMS, aid °pork satisfaction with
vestments ha t four refer rices for which provided, vehicl o, emergency service; and one reference for which provided nsposr man , ery errt and services, SP did not list any references rences for pro rdservices„ Staff contacteddRM and confirmed firmed that co pony has no ex p enen provIdi er-a snrg guard and service k As e result, staff did rr onduct any further research After careful consideration, staff concluded that All City Management Services, Inc. le the preferred vendor. The City has previous history of good service from ALMS, the company has the highest qualifications for crossing guard services, end references provided feedback of sedsfectory service. The City has experience poor staffing and billing inaccuracy with AGS In the recent school year. AGS also received poor fiedbadc in billing and crossing guard performance from references. BRM Investments has no experience of providing crossing guard services, and their bid came in at the highest amount. updated: 7/5/2017 2:41 PM by David Persselin Page, 2
Staff Report (ID # 3102)
Meeting of July 11, 2017
Hourly rates and first year annual costs were submitted by the potential vendors in response to an initial request for 19 crossing guard posts. Following receipt of the bids, results of a survey of school crossings identified three (3) additional locations that warranted a crossing guard, Increasing the total number of post from 19 to 22. Vendors were asked to resubmit first year annual costs with staffing for 22 posts. ACMS responded to the request with a lower hourly rate based on 22 posts. AGS and BRM Investments did not provide revised costs for 22 posts.
Contractor
Annual Cost - I Annual Cost -
American Guard Services' $16.39
All City Management
Services
BRM Investments $30.20
$20.851$20.73'
19 Posts
$168,161
$219,238
$332,200
22 Posts
194,713 (projected)
$246,273
653 (projected)
FISCAL IMPACT: The annual costs for crossing guard services at 22 locations In the City is $246,273 (11,880 hours X $20.73). The total number of hours Is based on staffing a guard at 22 locations, on 180 school days, at 3 hours per location per day. The first year cost of the contract was included In the FY 2017/18 Police Department adopted operating budget.
However, the FUSD Superintendent is recommending to the School Board that FUSD and the City equally share the budget increase due to the additional cost of the approved vendor and the cost of adding three posts. Funding from FUSD Is pending School Board approval.
Staff recommends the City accept funding from FUSD If approved by the School Board. The cost of the second and third year optional extensions will be Included In the Police Department operating budget.
ENVIRONMENTAL REVIEW The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guldellnes Section 15061(b)(3) in that it Is not a project which has the potential for causing a significant effect on the environment.
ATTACMMItNTS: None.
RECOMMENDATION: Authorize the City Manager, or his designee, to execute a contract with All City Management Services, Inc. for adult crossing guard services In an amount not to exceed $246,400 for the 2017/2018 school year, $255,900 for the 2018/2019 school year and $268,700 for the 2019/2020 school year and to accept any funding provided by FUSD.
Updated; 7/5/2017 2:41 PM by David Persselln Page 3
Recognition
lines Ma azine "Official Publicationpofthe New Jersea' State League . novation in Governance Award 2017
Outsourcing the management of Crossing Guard Services to improve Day -to -Day Operations within the Ridgewood Police Department.
U.S. House of Re presentatives: Certificate of Special Congressional Recognition 2017 In recognition and grateful appreciation of years of outstanding leadership and services in promoting the advancement of Californians with disabilities.
New Jersei? Munkipalities: Innovation in Governance Award 2017 Outsourcing the Management of Crossing Guard Services to Improve Day -to -Day Operations within the Ridgewood Police Department.
California State Senates Certificate of Recognition 2017 Provided in recognition of ACMS promotion of the advancement of Californians with disabilities in the 20th District.
California Butte Senate: Certificate of Recognition 2017 Presented on behalf of California State Senate for ACMS partnership with organizations that advocate for those with disabilities in the 23`d District.
California State Senate: Certificate of Recognition 2017 Presented in recognition of AGMS commitment and support to advancing partnerships with the advancement of Californians with disabilities in the 28th District.
California State Senate: Certificate of Recognition 2017 Presented on behalf of California State Senate for our partnership with organizations that advocate for those with disabilities in the 31'' District.
California Le islattire Assemble: Certificate of Recognition 2017 In recognition of being honored by the Inland Empire Caucus for promoting the advancement of Californians with disabilities in the 40th District.
Celi£orniaLejialature Assembly Certificate of Recognition 2017 In recognition of our partnership with the 2017 Inland Empire Caucus in the 42°d District.
California Legislature Assembly: Certificate of Recognition 2017 ACMS is being recognized for our outstanding partnership and for promoting and advancing Californians with disabilities in the 52od District.
Cahfo a Lee islatore Assembly Certificate of Recognition 2017 Presented in recognition of ACMS outstanding service and contributions to the 61' District.
San .Bernardino Vet Center: Award of Appreciation 2017
In appreciation for ACMS invaluable contributions, fai 1 support and shows ACMS commitment to the community and most importantly to our Veterans, City of Beverly Bills: Health and Safety Recognition Program December 2017.
ACMS Crossing Guards were recognized for their support and dedication to ensuring students, residents are safe when crossing City streets.
The Women Vete s Unity Group: Special Contribution Award 2017 For ACMS confirm support to the Military Women Veteran communities. of Dela
Rehabilitation:
Certificate ofAppreciation 2017
eft
Presented to ACMS as of the continuing discussion in pursuit of defining and developing positive business practices and services.
San Bernardino Vet C cr. Award ofAppreciation 2017
In appreciation for ACMS invaluable contributions, fai support and shows our commitment to the community and most impo ..ily our Veterans. upon
California State Sen e: Certificate of Recognition 2016 Presented to A S for striving to match job seekers with job opportunities at our company and for our support and recognition in District 22.
Goodwill Industries of Southern_Calffo : Certificate ofAppreciation 2016 In recognition of ACMS outstanding contribution and support in making the 10,000 Strong Veterans Hiring Event successful.
Count of Los Angeles: Certification of Recognition 2016 In recognition of dedicated service to the : w airs of the community and for the civic pride demonstrated by the numerous contributions for the benefits of all the citizens of Los Angeles County,
CommunityBenefit
Communi _ nefit
A11 City ment Services, Inc. has been d +, to the
1985 d "Keeping Chi en Safe" is our p +, + ++_'ssion.
unities weservice since
As the children in o unities y o ost valuable assets. Our impact in the community is facilitated by our professional, co us, and friendly # • s who + conunitted to going the mile to ensure all indivi a co +=unity stay safe.
ACMS works with Safe Ro to School to identify the safest route to and from school. ACMS performance star procedures were irate + :::ted into the model for the 'f Safe Routes to School .# d T ': " 'defines.
Our goal wt - ;h we mi "age is si+ •ts of the communities we service, and the staff for the City of Bell ns pro s ++ ++ ost all of them live in Bell Gardens. This not only allows to work close to home and have a o + w presence in their co. + unity but also provides an economic boost to the community by employing those that live in it.
ACMS has also created a nonprofit entity "ACMS
children wi the co + unity with the neces tools
decisions before, d d school.
hich is dedicated to
the possible safety
ACMS C -s goal is to spread safety a +ess to children, parents, and co r+nities by profi+'+ a wide N + e of safety edu 'on ources. We understand that chil face an ever - in ing number of threats to their safety. Therefore, we are focused on e ' g them with confidence, safety education and equip + +, with the tools ne - + - + to protect emselves.
A Cares is developing Kids Safety Nation, which include the following pro 4 Kids Safety Assemblies
• Kids Safety Films
• Kids Safety "Dayz"
• Kids Safety Club
Each progr is designed to use fun and practical ways to e e and educate children in safety education, a ness, and pr- .. .tion.
For additional information on the benefits of this program, please visit our website httr q://acrrissafet‘ .c;om acx -cares/.
Costs of is
Please note the Request for Proposal did not include S _++ ++er School Coy the liberty of providing the City of Bell : _ + : two nt pricing options per year. (with s r+ er school and without s er school)
v
We have b o pricing on y 's bell schedules for each of the school we service, we do d d in light of COVID-19 + _ : bell schedules y be subject to ch ► te.
Proposed Hourly Rate
Year 1 With Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the Crossing Guard Program.
Proposed Hourly Rate: Twenty-three Dollars and Thirty-two Cents ($2332) per hour, per guard.
This pricing is based upon 1 crossing guard compensated an average of 3.95 hours per day, 1 crossing guard compensated an average of 4.05 hours per day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 crossing guard compensated an average of 4.55 hours per day, for 180 school days annually. This pricing also includes 3 crossing guards compensated 3.0 hours per day for 19 summer school days.
Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 5,040 hours, we project a Not to Exceed price of $117,533.
Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City.
The hourly rate does not include additional safety equip► devices. If the City should desire any such additional eq to the City.
s
ACMS Contact Information
ineators, cones or safety
nal cost would be billed
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 500.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: " tanrathecrossint?=uardcom,-anv.c.::
Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.
A
Proposed Hourly Rate
Y 1 Without Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly bil " rate. This would include but be not limited to; recruitment, back clearance, training, equipment, insurance, supervision and ma erne of the Crossing Guard Pro .
oscd Hou
pricing is
crossing
av
crossing
field supervision
fin below. Based n 4,869 hours, we project a Not to Exceed price of $111,695. .75 hours per
pensated
el substitute
Twenty-two Dollars and Ninety-four C
compensated an iv
4.05 hours per day, 2 cross
uards compenn d an ave
of 4.55 hours per day, for 180 s
also included in the rate, as are
22.94) hour, pe
.95 hours per day,
compen
.5 hours per day and 1
ys ly. Lo
oats kept as
Invoices for services are mailed every two weeks. bacladed with each invoice is a Work Summary, which details each site, each day and the hours worked at t site. would only be billed for Crossing Guard services rendered on di ted "school i'ys" unless otherwise requested by the City,
The hourly rate does not include additional safety equipment, crosswalk deliu rs, cones or ty devices, If the City should desire any such diti.o equipment the additional tasst would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202,8284 or 800.540.9290
Fax number: 310.202.8325
Website dress: www.thecrossinggr compauy.com
24 Hour Emergency Dispatch: 877.363.2267
General M n er: Ba
Vice President of Operations: Pa
Director of Marketing: lan Si
Comptroller Frank Luna:
dcomp r, y.com
y
rdcornpany.com
This pri i is valid for a p, a cod of 90 days.
Proposed Hourly Rate
Year 2 With Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and manr,Bement of the Crossing Guard Program.
Proposed Hourly Rate: Twenty-five Dollars and Twenty-seven Cents ($25.27) per hour, per guard.
This pricing is based upon 1 crossing guard compensated an average of 3.95 hours per day, 1 crossing guard compensated an average of 4.05 hours per day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 crossing guard compensated an average of 4.55 hours per day, for 180 school days annually. This pricing also includes 3 crossing guards compensated 3.0 hours per day for 19 summer school days.
Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 5,040 hours, we project a Not to Exceed price of $127,361.
Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: .arianr.`tl:ecrossinc ursdc oa? a Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.
hours
cro g cotupen s an av
field supervision and substitute
noted below, upon 4,869 ho
Propo> Hourly l"',i to
Year 2 Without Surm er School
As a full service con ctor, the hourly rate q red is a y included in the prowm hourly billing rate. This would irrol back raid clearance, training, equipment, insurance, so Cross ° Guard Prow .
Rate: Twenty-four
nog all of our costs are
to; recruitment,
d na o,�rr of the
ars and Eighty-six Cents ($24.86) per hour, per
ed uiwrora I crossing d co ens ' au aver of 3.95 hours per clay, I ed an aver e of`4.05 hours r, y, 2 cross" S co
y, 2 ' .s ° k s core av e of'3m5 hours per day and 1
4,55 hours ys annually. Local
included in die rate, as all o costs except as
ct a N t h Exceed price of $121,043.
Invoices for services .:, mailed every two weeks, Included with each invoice is a Work Summary, which d s each site, each y the h.'urs worked a that site. would only be billed for Crossing Guard services rendered on dens red "school days" unless otherwise requested by the City.
The hourly rate does not include a
devices. If the City should desire any such ditional equipm the additio to the City.
equipment, crosswalk
ACMS Contact Information
t usiness, A s: 10440 Pioneer Blvd, Suite 5 Santa Fe Spri , CA 90670 Phone numbers: 310,202,8284 or 800.540.9290
Fax number: 310.202.8325
Website ad : www.thecrossing w ,,. y.com
24 Hour Emergency Dispatch: 877363,2267
General Man er: Baron Farwell:
Vice resident of Operations: Pa id
Director of Marketing: H lan Signs:
Comu'r,«11er Frank l
baron a@theeross
Pohl: pa rhecrossia
g
dcompany.corn
mpany,com
This pricing is valid for a period of 90 days.
o
nes or safety
uld be billed
Proposed Hourly Rate
Year 3 Without Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, mining all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the Crossing Guard Program.
Proposed Hourly Rate: Twenty-six Dollars and Eighty-three Cents ($26.83) per hour, per guard.
This pricing is based upon 1 crossing guard compensated an average of 3.95 hours per day, 1 crossing guard compensated an average of 4.05 hours per day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 crossing guard compensated an average of 4.55 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 4,869 hours, we project a Not to Exceed price of $130,635.
Invoices for services are rnailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: harlanr..the-crossrnxruuardwm Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.
CBS
Proposed Hourly Rate
Year 3 With Summer School
As a full service corn tor, the hourly rate quoted is earring all of our costs are inclu in the proposed hourly billing rate. This would include but be not limited to; recruit ent, back and clearance, training, "prnent, insurance, supervision and management of the Crc ssint% Guard Pro
Vera Dollars and Twenty-seven Cents ( 7.27) per hoar, per ssing d compensated an ave °rte q f 3.95 hourrs per day, 1 srnpensated ,;u average of 4.05 hours day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 cros " d compensated an average of 4.55 hours • day, for 180 school days y. This lodes 3 Gros. m g ds compensated 3.0 hours day for 19 summer school !',;ysm upervision and substitute g s are also included in the rate:, as are all other costs ex t noted below. Based a n 5,040 hots, we project a 141: t to Ex price of $137,441.
Invoices for services are wail every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours wo at that site. would only be billed f.r C pass Guard services rendered on desig ted "school days' ess o^ erwise requested by the City,
e hourly rate does root include additio,r.0
drvices. If the City should desire any such additio
to the City.
ACME Contact In
lc delineators, cones or safety
iditional cost would be billed
Business Address: 10440 Pioneer Blvd, Suite 5 Sang! Fe Springs, CA 90670 Phone numbers: 310,202.8284 or 800.540.9290
Fax number: 310.2©2.8325
Website ac s. wvvwathecrossingguardcomp y:com
24 Hour Emergency Dispatch: 877363.2267
General , ager: Baron Farwell:
Vice President of Operations: Pa
Director of Marketing: II °Ian Sims:
Comp ller Frank Luna:
ty.com
y.com
v.
erassr uargacorrn y.com
his pricing is valid f©r a period
ys,
Autho a 'on
Autho "
I have been autho
and co t "th the City of Bell
City ent S Inc. I have reviewed the i ce1
provided our respo
p
Exceptions
Exceptions
ple Con
Are en
Suggested Change/Exception:
Section 4 — Coma, ,,nsation, Item C;
see our prefer langu bel °
ent is due
s
14 _.. Inde
p
h
, please
0) days of rc eipt of Cost r;°tot's properly prepared invoice.," ve torso g
added to section
a To the fullest extent itt by law, CONTRACTOR hereby r,p =. at its sole cost and expense, to defern indemnify, and hold ess CITY :+d CITY's elected and appointed cn c' s, off ormeys, rents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and gay ;aar,d alldau es, costs, es:, lia iwilitiEs, clainn$ de ds, causes of action, proceedings, uses, gaud ernts. hies, liens, d losses of any rut r tsoever, incl g fees of a urn ts, rmeys, or er° professionals all costs ciated therewith ( collectively "Liabilities"), sing or clairtn to arise, directly or indirectly, out of, in connection with, resulting frosts, or re to .,y act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, ex + ployees, subcontractors, rnaterialrnen, suppliers or their officers, agents, sery is or employees, arisiaw or claimed to °se, diirectly or " rectly, out of, in connection with, resulting from, or related to s ecv and the performance or failure to perform any term, provision, cov t, or condition of the Agreement, this indemnity provision. This indemnity provision is effective reg ess of y prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and operate to fully i emnify lndernnitees against any such negligence, This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b),
ity is effective without reference to the existence or applicability of any verage(s) which may have been required under the Agreement or any ured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution ainst the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
Sample Contract Services Agreement
Suggested Change/Exception: request to have this section waived 14 — Indemnification, Item B.
Based on this section not being included in our previous services contract with the City of Bell Gardens, we request to have this section eliminated/waived.
Over thirty years of experience in providing communities with
PROFESSIONAL SCHOOL CROSSING GUARD SERVICES
AII,II, CIflN MOM 1' 5 mcao
CLenI#. 475947 ALLCTTYMAN
ACORD., CERTIFICATE OF LIABILITY INSU ICE
TINS
H CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. nits CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORRLED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. &PORTANT: irtea eertlficate holt r ie an ADbIflOTtAI: Ittlatt D, the PoNey(ta) mtwt hive AbomoNAi: INSURED provisionof be endorsed, If SUBROGATION IS WAIVED, subject to Um tuna and conditions of the poloy, curtain pollees may require en endorsement. A amstement on this certificate does not confer any rights to the cerdfloata holder In Ike of such ondoraenreet(B).
PRODUCER
Marsh & McLennan Agency LLC
Marsh 8, McLennan Ins. Agency LLC
350 S Grand Ave, Ste 3410
LOs Angeles, CA 00071
INSURED
All City 101tna9Ement Services, Inc.
19440 Pioneer Blvd., Sults 6
Sente Fe Springs, CA 00670
COVERAGES CERTIFICATE NUMBER;
WOE la TO CERTIFY THAT THE POLICIES OF INBURFAcE
WE
'. INDICATED. CERnRED MAY TBE 56tE0 OR ANY REY QUIREMENT, RTAK THE B18Uu
RECUaiEMENT, TERRA OR COME
RJWCE AFFORDED BY THE PONIES D
EXCLUSIONS AND COIL) TIONB OF suai PO JCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY TYPE OF a,MORAN=
x =PERM GENERAL UNDULY
C APO! -MADE
WW1 AGGrEGATE tJkri
X POUCY
OTHHt
AVIOEODLE umou- Y
ANY AUTO
AUTOSONLY
AnREp
. Kz At1TOI ONLY,
D
IS
Evidence of C
1ATE•HOU
OCCUR
A
PCLOY NIA®ER ,....._...
HA141169
CF8CA00409201
!CA4:601328
!27307347
ALWC233792
�0803T7S08
VEHICLES uNSORD I
City of Bell Gardens
8327 South Garfield Avenue
Bell, CA 90201-0000
-. 9a�
lA Nick Newell
1ys,,,: 949 42i7312
lam, ebk
flI01CrieWe1ItliRl2Yshrri flu.CnM
DEURERI WORDING DAPERADE
Ila um A: Landmark Amene +IneWN+OI Company
;_INAWIERa Ream Insurance Company ___._..._ ..
a s u c, Bsrlarhlre HIV,uway Idu.nestets Ina Co
num D: LECIDOLOIL lRSurarttce Company
wpm I: !vibrant National Itmuramce Company
F .Janos Fever Memorize Company
REViShON NUMIBER°
P.
/011202W, 08
I uiuC r
,33133,
14478-I
'k0044
199437
ji0120
03 RED NAMED ABOVE FORTE POLICY PERIOD
DOCUMENT WITH RESPECT TO WHICH THIS
ED HEREIN IS SUBJECT TO ALL THE TERMS,
URNS
HoccuRwe+cE 1,1.000,000
oaaaanat_, 160..000
EXP,WYfa Rpe�+PN )15,000
efl11ALAJOV_IIJURY *1.000,000
£i?ALAtiGlftE4A1E ,a2,900000
DUG7B�CNAAPJOPAGG .x2.000.000
08/0112021; "`'a x1,000000
0810112021• BOXY WOOLY ON, lu u) x
I BODILY INJURY (Pm IAOMI $
x1, ,000
R , 414200,900
OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE
710N DATE TIERE0F, NOTICE VAEJ. BE DELIVERED IN
WITH THE POLICY PROVISIONS.
ACORD 25 (2016/03) 1 of i The ACORD name end logo are registered marks of ACORD 11688517091148851699
RD CORPORATION. AI right. reserve
WOAQH
INSURED: AlI Gay Mon
POLICY# LHA/41150
POLICY PERIOD: 0
TO:
LAND KAM IN U CEC PANY
Thls Endorsement Cha s e li y. Please Read It Carefully.
T N F
T
This endorsement mod Insurance pro '* = * under the following:
COMMERCIAL GENE LIABILITY CO GE FORM
PRODUCTSICOMPLETED OPE TIONS LIABILITY COVE GE F
SCHEDULE
N e of Parson or Organization:
Any person(s) or orga r „r
requ by written con t a
ant.
Y T
Tt1e faVowing Is added to SECTION IV — CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTH TO US:
We waive any right of recovery we may have against the • -on or organization shown In the SCHEDULE above because of pay nt we ke for Injury or damage arising out of your ongoing operations, your product" or your work" done under a written co ct with that person or organization and included In the 'product -completed operations hazard". This wa applies only to the person or organ on shown In the SCHEDULE above.
Includes copyrighted material of Insurance Servl*=--- , I with its permisalon.
RSG 140481
EXHIBIT "B"
FEBRUARY 2023 CONT CTOR'S SUPPLEMENTAL SERVICES
Feb 8, 2023
s C D' or of ' •lic
City of Bell G �:
8.27 S. G
Gris
Ci
8 d Ave., Bell
0 CA 90201
c. (AC ) h `v e City of Bell G
do l s` rogr:..
To a the calculation of the
for the 02
on of the o d t of your
co i providing a safe, cost -
Pro you have any qu v'ons or n additio i = o = Lion, pl .. con a at (800) 540- 9290. Take c
ve developed and incl
g t (8)
d
S.
David
essional S
All City anax,e ent Services Inc.
Client or heet 2022 - 2023
Department: 1701
Billing Rate for 2022/2023: $25.27
KEY:
Traditional Calendar:
For sites with no regularly sch ed early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days Sites with tr
calendar:
City of Bell Gardens
8327 S. Garfield Ave.
Bell Gardens, CA 90201
6 Ys
103 1 66 I $i5.27 3117,512.11'
day Total Hrs/day X days/yr X Hourly Billing Rate
1, 2023 - J e 9, 2023
5 Sites at 4.5 hrspex
a 1, 2023 - June 9
TOTAL PROJECTED HOURS
-22S
Total Hrs/day X
Hourly Billing Rate
$37,525.95.
2178 TOTAL ANNUAL PROJE D COST $55,038.06
All CI
Cana
e ent Se Ices Inc.
Client 'ork heet 2022 - 2023
Dep
B g Rate for 2022/2023: $25.27
City of Bell Gardens
8327 Garfield Avenue
ell Gardens, CA 90201
Traditional Calendar:
For sites with no regularly scheduled early release days, use 180 regular days For sites with one larly sch ed early release day/w use 144 regular days :d 36 hool 2022/2023:
Sites .0 hrs per day Total _ Hrs/day X days/yr X y ourly Bill _ 21, 2022 - July 25, 2022
er School 2022/2023:
Sites at 3.5 hrs ter day To
e 21, 2022 - July 25, 2022
TOTAL PROJECTED HOU
L24 I $25.2°7 �....,. I 245.360
days/yr X Hourly Billing Rate
528 TOTAL ANNUAL PROJECTED COST $13,342.56
All CI anage ent Se Ices Inc.
Client oa° beet 2023 - 2024
Dep ,rent: 1701
B to for 2023/2024: $27.27
City of Bell Gardens
8327 S. Garfield Ave.
Bell Gardens, CA 9D201
Y:
Traditional Calendar:
For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 1.44 regular days and 36 Sites with traditional calendar:
3 Sites at 3.5 hrs per day
22.5 l 180
5 Sites at 4.5 hrs per day Total Hrs/day X days/.??
days
$27.27 m.. .,.,_.._ 1 $51,540.30;
Hourly ill` g e
$27.27 =
Hourly Billing Rate
$110,443.501
TOTAL PROJE D HOURS 9 TOTAL ANNUAL PROJECTED COST $161,9 a 0
I CI
ana
e ent Se ices Inc.
Cli _ 0 h 2023 - 2024
Dep *u ent:
B g Rate for 2023/2024: $27.27
Trattlonal Calendar:
For sites with ne r ^ tai iy ch t�a�ed ly . ta
For sites with one 1y ud early re
boo! 202
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
days, use 180 regular days
day/w k, use 144 regular days and 36 an
5 Sites at 3.0 hrs per day Total
1, 2022 - July 25, 2022
School 2023/2024:
Sites at 3 5 firs Vier day
e 21, 2022 - July 25, 2022
TOTAL PROJECTED HOURS
I'
Total
X da}sbn
y X
$27 27 L
Hourly Billing Rate
$27.27 =
Hourly Billing Rate
$9,817.20;
528 TOTAL ANNUAL PROJECTED COST $14,398.56
EXHIBIT "B"
2024 CPI REQUEST LETTER
5
A
August 27, 2024
Bernardo Iniguez, Director of Public Works / Facilities City of Bell Gardens
8327 South Garfield Avenue
Bell Gardens, CA 90201
Dear Mr. Iniguez,
As we approach the time of year when many agencies are preparing their budgets for the upcoming fiscal year, I wanted to take a moment to confirm our interest in extending our agreement for Crossing Guard Services with the City of Bell Gardens through the 2024-2025 fiscal year.
We are seeking a billing rate increase effective August 12, 2024, from $27.27 to $28.14. This adjustment remains within the parameters of our current contract, aligning with the CPI increase of
3.2%.
We remain committed to delivering a safe, cost-effective, and professional School Crossing Guard Program, and we hope you will find this new pricing acceptable. Should you have any questions or require additional information, please feel free to reach out to Claudia Than at (800) 540-9290.
Thank you for your attention to this matter.
Take care.
Sincerely,
Baron Farwell,
General Manager
325
ACCORD
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
NAME:
Marsh & McLennan Agency LLC PHONE FAX
Marsh McLennan Ins. Agency LLC E/C,Ne,_exu:- lac Nod
Polaris #300 ENIAIL
ADDRESS: occerts{,7a marshmma.cor
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDIYYYY)
9/30/2024
PRODUCER
1 Way
Aliso Viejo CA 92656
INSURED
All City Management Services, Inc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR _-- .-...... ----- POLICY EFF TPOLICY EXP ----- --- --- -- - ----
TYPE OF INSURANCE
LTR .._ LNSD. WYD POLICY NUMBER M/DO/YYTY) I IMMIDDl1'YYYJ L Y l N 052114698 8/1/2024 I-----8/1/2025
Licenset$: OH1a,131.
ALLCITYMAN
CERTIFICATE NUMBER: 1055514925
INSURERISTAFFORDING COVERAGE
INSURER A; National Casualty Company
INSURER c AXIS Surplus Insurance Company
INSURERC: Westchester Surplus Lines Insurance Co
INSURER D :_ Lexington Insurance Company__
INSURER E
INSURER F : ..
REVISION NUMBER:
NAIC N
11991
26620
10172
19437
D X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
X :. 500,000
'.. GEN'L AGGREGATE LIMIT APPLIES PER
POLICY X JEC
CT '. LOC
OTHER.
EACH OCCURRENCE
DAMAGE TO RENTED
P RE M ISES (Ea Occurrence/ $ 100 00.0
MED EXP (Any one person)
PERSONAL S ADV INJURY $ 1,000,000
GENERAL AGGREGATE '. 82,000,000
PRODUCTS - COMP/OP AGG 5 2,000,000
IMIT
AUTOMOBILE LIABILI
'.. ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
UMBRELLALIAB I XI
I OCCUR
X EXCESS LIAR
CLAIMS -MADE
DED RETENTION
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
AN YP R O PR I E T O R/PA RT N S RIEXE C UT I V E
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
C ", Excess Layer
YIN
N
NIA',
P00100118039402 8/1/2024
N i WCC334410A
I.. G72535522004
8/1/2025
000,000
COMBINED SINGLE LIMIT
j„Ea accident) I $ --------.
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) `, $
PROPERTY DAMAGE
,-Per accident] .,.,.,., .........._.
EACH OCCURRENCE
AGGREGATE
000,000
000,000
1/1/2024
25 ER X PER 0TH
E.L. EACH ACCIDENT '.. $ 1,000,000
E L DISEASE - EA EMPLOYEE 5 1,000,000
E L DISEASE - POLICY LIMIT $ 1,000 000
8/1/2024 '.. 8/1/2025
AGGREGATE °!! $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Bell Gardens, it's elected and appointed officials, commissioner, employees, agents, and volunteers are named additionally insured with respects to General Liability.
CERTIFICATE HOLDER CANCELLATION
City of Bell Gardens
8327 South Garfield Avenue
Bell CA 90201-0000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE.
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
INSURED: All City Management Services, Inc.
POLICY #: 052114698
POLICY PERIOD: 08/01/2024
TO: 08/01/2025
THIS EN RSEIVIEf T CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
DD1 ONAL II SURED RE WIRED Y s I N CO .ACT
This endorsement modifies insurance provided under the following„ CO ERCIAL GENERAL l @lrry POLICY, COVERAGE APPLIC LE TO COVERAGE Al BODILY INJURY w D PROPERTY DAMAGE (SECTION I - COVERAGES) ONLY A. Section II - yUlrc Its /An Insured is emended to
include any or organization you ere
required to include as er additional Insured on
this policy by a written csortrecr or 'mitten
agreement in effect during this policy period mend
executed prior to the "occurrence' of the "bodily
injury" or 'property damage,"°
B. The Insura'ce provided to the above described A
additionl insured under this endorsement is
&irked as follows
1. COVERAGE A BODVLY INJURY AND PROP-
ERTY D AGE (Section N - Covoragesl only.
2. The (person or organization is only an
additional insured with respect to liability
wising out of 'your aaeark" or "your product
3. In the event that the Lignite of Insurange
pr'ovi d by this policy exceed the Llmtts' of
hsurance required by the written contract or
written agreement, the insurance provided thy
this endorsement shall be limited to the Limits
of Insurance required by the written contract
or written atfrediinont. This endorsement shall
not Increase the (Limits of Insurance shover in
the Declarations pertaining to the coverage
provided herein.
d. The insuretnee provi ed to such an additional
insured does not apply to 'bodily injury" or
"property (ferriage" arising out CO an arohi-
fec.t';a, engineer's, or surveyor's rendering of
or failure to render any professional aeirvirx+se
inclueing,, but not limited to:
i The preparing, approving, or feeling to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, changes or rs, or drawings
and specifications and
fl Supervisory, inspection, architectural„ or
engineering activities.
insurance does not apply to "bodily
y"° cr 'property derruagrv'° rinsing out ot`
work" or "your product" included in
roduct-eempleted operations hazard'
you are required to provide such
e by seitten contract or written
t. and then only tier the period of
required by the written contract or
n agreement end Rn no event beyond
/ration dote of this policy.
6. Any rxeveregs provided by this endorse.
merit to an additional insured shall be
excess over any other valid anal collectible
insurance available to the dl al inured
mine' r primary, excess,, co dnger t car on
any other basis.
C. In accordance t.aay the terms and conditions of
policy and as more, ftely explained in the
policy, as stern as prertible, each additional
insured must giro us prompt notice of any
"occurrence Mich may result in a claim,
forwirrd all legal papers to us, cooperate in the
defense of any elctiene„ and otherwise comply
with all of the policy's tarrns end conditions,
Failure to comply vwith this provision may, at our
option, result in the claim or "suit" being
denied.
a ner6zed Representative OR
Countersignature (In states vrrfnere applicable)
Includes sxapy'rfghted information of the haurarxae Services Offices, Inc-, oath its permission, AV rights reserved. (X9778 lrkt+taa➢
INSURED: Ail Oily Management
POLICY #: 052114698
POLICY PERIOD/911202'
ENDORSEMENT
This endorsement, effective 12:01 AM
Forms a part of policy no.:
Issued to:
By: LEXINGTON INSURANCE COMPANY
TO 08/01/2025
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED
PERSON OR ORGANIZATION
(Based on CG2010 04/13)
This endorsement modifies insurance provided by the following:
COMMERCIAL GENERAL LIABILITY POLICY
SCHEDULE
Name of Additional Insured Person(s) Location of Covered Operations or Organization(s)
Blanket where required by contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
LX431& (06/14) Includes Copyrighted Information of the Insurance Services Offices, Inc., with its permission. All Rights Reserved.
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same. - I k.
Authorized Representative
LX43T5 (06/14y
Includes Copyrighted Information of the Insurance Services Page 2 of 2 Offices, Inc., vwthits permission. All Rights Reserved.
INSURED: All City Management
POLICY #: 0521146M
ENDORSEMENT
This endorsement, effective 12:01 AM
Forms a part of policy no.:
Issued to:
By: LEXINGTON INSURANCE COMPANY
POLICY PERIODF12a24
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS- COMPLETED OPERATIONS
(Based on CG2037 04/13)
This endorsement modifies insurance provided by the following:
COMMERCIAL GENERAL LIABILITY POLICY
SCHEDULE
TO 0 8101 /2 02 5
Name of Additional Insured Person(s) Location of Completed Operations or Organization(s)
Blanket where required by contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard".
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:
if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
LX4316 (06714)
ncludes Copyrighted Information of the Insurance Service Offices, Inc., with its permission. All Rights Reserved, e 1 of 2
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same.
Authorized Representative
`'LX4316 (06/14) -1 —
Includes
EXHIBIT "B"
2025 CPI REQUEST LETTER
6
May 1, 2025
A
Bernardo Iniguez
City of Bell Gardens
8327 S. Garfield Ave., Bell Gardens, CA 90201
Dear Director,
It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard Services through the 2025-2026 fiscal year.
As you may know, hiring challenges have impacted all sectors of the labor market across the nation.
Our post-COVID workforce continues to transform from a traditionally older workforce to a younger workforce. The expectation of this younger workforce continues to require higher wages and in some cases more hours to sustain themselves. Consequently, our employee turnover rate continues to increase dramatically, impacting on our advertising, recruitment and training costs.
Additionally, effective April of 2024 Governor Newsom signed into law AB1228. This law increases the minimum wage for all Fast -Food employees in California to $20.00 per hour. We anticipate this will have a direct impact on our workforce. We will need to offer competitive wages in light of AB 1228 to retain and effectively recruit employees.
For these reasons, as well as cost increases in some segments of our business, we must appeal for an increase in our hourly billing rate for the upcoming 2025-2026 fiscal year. To facilitate the calculation of the 2025-2026 annual cost of your Crossing Guard program, we have developed and included with this letter a Client Worksheet. This Worksheet details the new hourly billing rate and the overall estimated program cost, based on the number of sites and the hours worked at each site.
While we remain committed to providing a safe, cost-effective and professional School Crossing Guard Program we hope you will find this new pricing acceptable. If you have any questions or need additional information, please contact Claudia Than at (800) 540-9290. Take care.
Sincerely,
Baron Farwell,
General Manager
All City Management Services Inc.
Client Worksheet 2025-2026
Department: 1001701
Billing Rate for 2025 -2026: $ 29.07
City of Bell Gardens
8327 South Garfield Avenue
Bell Gardens, CA 90201
KEY:
Traditional Calendar:
For sites with no regularly scheduled early release days, use 180 regular days Sites with traditional calendar:
21. 180
$29.07
$109,884.60
6 Sites at 3.50 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate Sites: #1.061, #08, #20468, #20469, #20462 and #1319
3.75 180
$29.07
$19,622.25
1 Sites at 3.75 hrs per day
Total Hrs/day X days/yr X Hourly Billing Rate
Sites: #1318 and #1317
4.75 144
$29.07
$1.9,883.88
1 Sites at 4.75 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate 4 $29.07
$4,186.08
Sites at 4.00 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate 4 Site: #978
144
$29.07
1 Sites at 4.00 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate $16,744.32
4.25 36
$29.07
$4.447.71
Sites at 4.25 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate Site: #1316
13.5 $29.07
$70,640.10
3 Sites at 4.50 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate
5.75 37
$29.07
Sites at 5.75 hrs per day* Total Hrs/day X days/yr X Hourly Billing Rate $6,184.64
Site: #20463, 20464 and 20465
*Late Start/ Early Release Days with. Staggered Coverage Required (Bell Gardens High School) 9 144
$29.07
2 Sites at 4.50 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate $37,674.72
11 36
$29.07
5.50 hrs early release Total Hrs/day X days/yr X Hourly Billing Rate
5.75 I 6 I
$29.07
5.75 hrs early release* Total Hrs/day X days/yr X Hourly Billing Rate $11,511.72
$1,002.92
Sites: #20466 and #20467
*Late Start/ Early Release Days with Staggered Coverage Required (Bell Gardens High School)
AVERAGE DAILY HOURS
TOTAL NUMBER OF SITES
TOTAL PROJECTED HOURS
4.12 14.00
10,381.25
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:
FROM:
BY:
SUBJECT:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
Consideration of Award of a Construction Contract for the HSIP Cycle 11 Intersection Improvements at Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue (CIP No. 3936)
MEETING DATE: December 8, 2025
RECOMMENDATION:
It is staff's recommendation that the City Council:
1) Accept FS Contractors, Inc.'s request to withdraw its bid for the HSIP Cycle 11 Intersection Improvements at Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue (CIP No. 3936) and waive the forfeiture of FS Contractors, Inc.'s bid guarantee;
2) Award a construction contract to Palp. Inc. dba Excel Paving. in the amount of $437,073.00 for the HSIP Cycle 11 Intersection Improvements at Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue (CIP No. 3936); 3) Authorize the City Manager to execute the Construction Contract and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the construction contract; and 4) Appropriate an additional $110,470 in Measure M funds to cover all construction and project management costs, including contingency.
BACKGROUND / DISCUSSION:
On October 13, 2025, the City Council approved the plans and specifications and authorized staff to solicit bids for the HSIP Cycle 11 Intersection Improvements at Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue (CIP No. 3936) (the "Project"). The City issued a Notice Inviting Sealed Bids for the Project on October 16, 2025.
The Project scope of work includes furnishing all materials, equipment, tools, labor, and incidentals as required by the plans, specifications, and contract documents for the installation of raised medians on approaches, improvement of pavement friction,
installation of pavement markings, improvement of signal timing, and upgrading roadway signage and striping at the intersections of Florence Avenue/Garfield Avenue and Eastern Avenue/Gage Avenue. The specifications indicate that the contractor shall complete all work in every detail within forty (40) working days.
On November 19, 2025, the City received a total of three (3) bid proposals for the Project.
The basis to determine the lowest bidder for the Project is the total bid amount including Alternate Bid Item No. 3A (Microsurfacing), as specified in Addendum No. 3 that was issued to the prospective bidders prior to the bid opening.
The following table illustrates the three bids:
Bidder's Name
Base Bid
Amount
Less Bid Item 3
Plus Bid Alt
3A
Adjusted
Total Bid
FS Contractors, Inc.
$333,855.00
$55,000.00
$375,105.00
Palp. Inc.
DBA Excel Paving
$428,823.00
$62,250.00
$437,073.00
DASH Construction
Company Inc.
$550,012.00
$61,050.00
$458,712.00
An analysis of the apparent lowest bidder, FS Contractors, Inc., was conducted, including a review of their bid schedule, license, references and all required documentation.
Although FS Contractors, Inc. submitted all of the required documentation in the bid documents, its bid was incorrectly calculated and the bidder requested to have its bid withdrawn from the Project due to the significance of the miscalculation.
Therefore, staff conducted an analysis of the apparent second lowest bidder, Palp. Inc. dba Excel Paving (Excel Paving). This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. Excel Paving's license is current and active, and reference checks revealed that the contractor's previous projects were completed satisfactorily. Excel Paving submitted all required documents per the bid documents and the DIR Registration was also reviewed and deemed satisfactory. It has been determined that Excel Paving is the lowest responsive and responsible bidder.
Given the cost of the Project, staff recommends that the City Council authorize FS Contractors, Inc. to withdraw its bid and waive the forfeiture of FS Contractors, Inc.'s bid guarantee. Therefore, staff recommends award of a construction contract for the Project to Excel Paving for the total adjusted bid amount of $437,073 that replaced Bid Item 3 and Alternative Bid Item 3A.
ENVIRONMENTAL ANALYSIS:
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 —Existing Facilities). A Notice of Exemption for the Project will be prepared and filed with the L.A. County Registrar Recorder's Office.
CONCLUSION:
If the Construction Contract is awarded, staff will process the contract for signatures and coordinate a pre -construction meeting.
FISCAL IMPACT:
The total estimated construction cost is $437,073. The total cost for the construction phase, including construction, contingency (10%) and construction management and inspection is $527,970.
The City's FY25/26 capital improvement budget includes a total budget of $417,500 for the construction of the Project, which includes $375,750 in HSIP Funds and $41,750 in general funds, as a local match. Therefore, an additional appropriation of $110,470 in Measure M funds is recommended to cover the shortfall.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
CONSTRUCTION CONTRACT
FOR
HSIP CYCLE 11 - INTERSECTION IMPROVEMENTS
CIP NO. 3936
IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, "Contract") is made and entered into this day of 2025 (hereinafter, the "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and PALP, INC. DBA EXCEL PAVING (hereinafter, "CONTRACTOR"). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably as appropriate.
RECITALS
WHEREAS, CITY requires public works construction services for HSIP Cycle 11 — Intersection Improvements, CIP No. 3936 (hereinafter, the "Project"); and WHEREAS, CITY issued a notice inviting competitive bids for the Project on October 16, 2025; and
WHEREAS, following the opening of bids on November 19, 2025, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
ARTICLE I (CONTRACT DOCUMENTS)
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices, any and all addenda, Proposal, Bidder Information, all required bonds, insurance certificates, this Contract, permits, notices, affidavits and any future supplemental agreements or Contract change orders, as they may be approved by CITY (hereinafter "Contract Documents"). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein and are attached and incorporated hereto as Exhibit "A." ARTICLE II (WORK TO BE PERFORMED;
CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete, in a good and workmanlike manner, Project as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and Page 1099 of 1410
required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.
ARTICLE I II (CONTRACT PRICE)
CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of FOUR HUNDRED THIRTY-SEVEN THOUSAND SEVENTY- THREE DOLLARS ($437,073) for the Project (hereinafter, the "Bid Price"). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing 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 aforesaid Contract Documents; and also including those arising from 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.
As authorized by the City Council at its Regular Meeting of December 8, 2025, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.
ARTICLE IV (NOTICE AND SERVICE THEREOF'
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party.
Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:
City of Bell Gardens
Public Works Department
Attn: Public Works Director/Facilities
Bell Gardens City Hall
7100 Garfield Avenue
Bell Gardens, CA 90201
(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the Project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:
Palp, Inc. dba Excel Paving
2230 Lemon Avenue
Long Beach, CA 90806
Attn: Curtis P. Brown III, President
Phone: 562-599-5841
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ARTICLE V (INSURANCE,
A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall 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 herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.
B. 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 CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to CITY.
C. Without limiting CONTRACTOR's indemnification of CITY and/or the Indemnified Parties and prior to commencement of the Project, CONTRACTOR shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
D. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate.
The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
E. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
F. Umbrella or excess liability insurance. [If required to meet higher limits]. CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
•
•
•
A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; "Pay on behalf of" wording as opposed to "reimbursement"; Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer's liability policies.
Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
G. Workers' compensation insurance. CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
H. CONTRACTOR's pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.
Transportation Dollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites.
J. Builder's risk (course of construction,. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk (course of construction) coverage for the entire duration of the Project until only the CITY has an insurable interest. The builder's risk coverage shall include the following:
The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing lo: Page 1102 of 1410
workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.
K. Installation floater. If required by the CITY or not covered by builders' risk (course of construction) coverage, CONTRACTOR shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by CONTRACTOR. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off -site or while in transit. Coverage must include property of others in the CONTRACTOR's care, custody, or control. In addition to CONTRACTOR, the CITY and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.
L. Other provisions or requirements:
Proof of insurance. CONTRACTOR shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time and CONTRACTOR agrees to provide the same.
Duration of coverage. CONTRACTOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, its agents, representatives, employees, subcontractors or subconsultants. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributinq. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self- insurance shall be called upon to protect it as a named insured.
Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.
CITY's rights of enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Contract.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non- compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Recuirements not limitinc. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the CONTRACTOR's insurers are unwilling to provide such notice, then CONTRACTOR shall have the responsibility of notifying the CITY immediately in the event of
CONTRACTOR's failure to renew any of the required insurance coverages, or insurer's cancellation or non -renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages 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.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by CONTRACTOR (hereinafter collectively "subcontractor"), provide the same minimum insurance coverage and endorsements required of CONTRACTOR under this Contract. 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. However, in the event CONTRACTOR's subcontractor cannot comply with this requirement, which proof must be submitted to the CITY in writing, CONTRACTOR may still be able to utilize the subcontractor provided CONTRACTOR shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor's scope of work and services, with limits less than required of the CONTRACTOR, but in all other terms consistent with the CONTRACTOR's requirements under this Contract. This provision does not relieve the CONTRACTOR of its contractual obligations under the Contract and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide CONTRACTOR with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONTRACTOR under this Contract given the limited scope of work or services provided by the subcontractor. CONTRACTOR agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to CITY for review.
CITY's right to revise recuirements. 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 a ninety (90) -day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR's compensation.
Self -insured retentions. Any self -insured retentions must be declared to and approved by CITY.
CITY reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this Contract, and that involve or may involve coverage under any of the required liabi! Page 1105 of 1410
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.
ARTICLE VI (EXECUTION,
A. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees, and volunteers ("Indemnified Parties") from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney's fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with CONTRACTOR's, its officers, agents, employees, or subcontractors (or any agency or individual that CONTRACTOR shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's attorney unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorney's fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.
B. CONTRACTOR's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties.
However, without affecting the rights of Indemnified Parties under any provision of this Contract, CONTRACTOR shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties' sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.
ARTICLE VII (EXECUTION)
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.
ARTICLE VIII (COMPLETION DATE)
The CONTRACTOR shall complete all work, in every detail within forty (40) working days comprised of five (5) working days for mobilization and thirty-five (35) work Page 1106 of 1410
construction, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY.
ARTICLE IX (RECORDS & AUDITS)
CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the CITY to assure proper accounting for all Project funds. These records will be made available for audit purposes to the CITY or any authorized representative and will be retained for 5 years after the expiration of this contract unless permission to destroy them is granted by the CITY.
ARTICLE X (PREVAILING WAGES
(a) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. (b) By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code Section 1725.5 (contractor registration).
(c) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to the CITY, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CONTRACTOR or by a subcontractor.
(d) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which requires CONTRACTOR and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the CITY of the location of the records. CONTRACTOR is responsible for compliance with Section 1776 by itself and all of its subcontractors. (e) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(f) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the CITY. CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day or portion thereof during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. CONTRACTOR may, with the approval of the Director of Public Works/Facilities, or their designee, use its employees to carry out work on the Project beyond the normal eight (8) hour
workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:
Week days (Monday through Friday) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty-eight (48) hours work in a seven (7) day period week at one and one-half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period.
(g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract."
ARTICLE XI (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime CONTRACTOR or subcontractor to pay any subcontractor not later than ten (10) days of receipt by CONTRACTOR of each progress payment, unless otherwise agreed to in writing.
ARTICLE XII (LIQUIDATED DAMAGES)
A. Pursuant to Government Code Section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Contract Documents, it is understood, acknowledged, and agreed CITY will suffer damage. It is therefore agreed that CONTRACTOR shall pay to CITY the sum of FIVE HUNDRED DOLLARS ($500.00) for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the [Project Schedule], or beyond the time indicated in the Contract Documents for any individual Project activity. (SIGNATURES ON NEXT PAGE)
IN WITNESS THEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20
Contractor:
(Signature)
Name and Title (Printed)
CONTRACTOR's License No. License Class
CONTRACTOR Business License No.
Federal Tax Identification No.
Subscribed and sworn to this day of , 20
NOTARY PUBLIC
CITY:
Attested:
Approved as
to form:
City Manager
Date
City Clerk
City Attorney
Date
EXHIBIT "A"
"CONTRACT DOCUMENTS"
Due to size limitations, Contract Documents can be found in the below link:
bell ardens.orq/Home/Components/RFP/RFP/279/304
FAITHFUL PERFORMANCE BOND
FOR
HSIP CYCLE 11 - INTERSECTION IMPROVEMENTS
(CIP NO. 3936)
The CITY OF BELL GARDENS, hereinafter "City," entered into a Contract dated , 20 with hereinafter Contractor," for the
work described as follows:
HSIP Cycle 11 — Intersection Improvements (CIP No. 3936) WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.
NOW, THEREFORE, we, the undersigned
Contractor, as Principal, and [corporate surety] , a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of , lawful money of the United States, said sum being not less than one hundred percent (100%) of the total Contract amount, for the payment of which sum be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above -bounded Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and perform the covenants, conditions, and agreements in said Contract and any alterations 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 true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of said work, during which time if the above -bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force
and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same 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 or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys' fees to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
(Contractor as Principal)
(Seal)
(Seal)
By:
By:
NOTE: If Contractor is a Partnership, all parties must execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.
LABOR AND MATERIALS BOND
FOR
HSIP CYCLE 11 - INTERSECTION IMPROVEMENTS
(CIP NO. 3936)
The CITY OF BELL GARDENS, hereinafter "City," has awarded to ,hereinafter "Contractor," a Contract for the work described as follows:
HSIP Cycle 11 — Intersection Improvements (CIP No. 3936) WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.
NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and , a corporation
organized and existing under the laws of the State of duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the in the sum of
( ), said
sum being not less than one hundred (100%) percent of the total Contract amount payable by the City, under the terms of the Contract, for which payment 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, its heirs, executors, administrators, successors, and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees to the prevailing party to be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.
It is further stipulated that the Surety of this bond shall not be exonerated or released from the obligation of the 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 described above or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any 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 City and original contractor or on the party of the obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Sections 8400 and 8402 of the California Civil Code and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,20 .
(Contractor as Principal)
(Seal) By:
(Seal) By:
NOTE: If Contractor is a Partnership, all partners should execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:
FROM:
BY:
SUBJECT:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
Consideration of Award of Construction Contract for the Garfield Avenue and Eastern Avenue Intersections Improvements (CIP No. 3881)
MEETING DATE: December 8, 2025
RECOMMENDATION:
It is staff's recommendation that the City Council:
1) Award a construction contract to Sequel Contractors, Inc. in the amount of $1,970,507 for the Garfield Avenue and Eastern Avenue Intersection Improvements (CIP No. 3881); and
2) Authorize the City Manager to execute the Construction Contract and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the construction contract.
BACKGROUND / DISCUSSION:
On October 13, 2025, the City Council approved the plans and specifications and authorized staff to solicit bids for the Garfield Avenue and Eastern Avenue Intersection Improvements (CIP No. 3881) (the "Project"). The City issued a Notice Inviting Sealed Bids for the Project on October 16, 2025.
The Project scope of work includes improving roadway geometry by re -aligning the existing "Y" intersection into a "T" intersection to increase safety, improving intersection capacity, and improving operations with coordination efforts along the Garfield Avenue/Eastern Avenue corridors. The specifications indicate that the Project is to be completed in two (2) phases; Phase 1 is procurement of the traffic sign 5-6 months. Phase 2 will start about thirty (30) days prior to the pole delivery, which the contractor will need to complete all work in every detail within forty-five (45) working days.
On November 19, 2025, the City received a total of four (4) bid proposals for the Project, as illustrated below:
Bidder's Name
Bidder's Amount
FS Contractors
$1,841,545.00
Secuel Contractors Inc.
$1,970,507.00
Hardy & Harper Inc.
$2,175,000.00
Palp. Inc. DBA Excel Paving
$2,231,886.20
An analysis of the apparent lowest bidder, FS Contactors, Inc., was conducted, including a review of their bid schedule, license, references and all required documentation. Public Contract Code Section 4104 (a) requires the subcontractor list to include the name, license number, and location of the place of business of each subcontractor and a description of the portion of that subcontractor's work. FS Contactors, Inc.'s bid did not include required subcontractor information related to their license, address, and scope of work. The City Attorney provided counsel on this matter and confirmed the information missing was required at the time of bid per Public Contract Code Section 4104. Therefore, FS Contractors, Inc. was deemed a non -responsive bidder.
Staff conducted an analysis of the apparent second lowest bidder, Sequel Contractors, Inc. (Sequel). This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. Sequel's license is current and active, and reference checks revealed that the contractor's previous projects were completed satisfactorily. Sequel submitted all required documents per the bid documents and the DIR Registration wad also reviewed and deemed satisfactory. It has been determined that Sequel is the lowest responsive and responsible bidder.
Therefore, staff recommends award of a construction contract to Sequel for the base bid amount of $1,970,507.
CONCLUSION:
If the Construction Contract is awarded, staff will process the contract for signatures and coordinate a pre -construction meeting.
FISCAL IMPACT:
The total estimated construction cost for the base bid is $2,167,557.70 with 10% contingency for any unforeseen conditions. The anticipated total cost for the construction phase, including construction, contingency, and construction management and inspection is $2,328,330.
The City's FY25/26 capital improvement project budget includes a total of $4,010,536 of Metro 1-710 Early Action Funds. The Project is anticipated to be fully funded by this allocation.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
CONSTRUCTION CONTRACT
FOR
GARFIELD AVENUE AND EASTERN AVENUE INTERSECTION IMPROVEMENTS PROJECT FY 2022-2023
CIP NO. 3881
IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, "Contract") is made and entered into this day of 2025 (hereinafter, the "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and SEQUEL CONTRACTORS, INC. (hereinafter, "CONTRACTOR"). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably as appropriate.
RECITALS
WHEREAS, CITY requires public works construction services for Garfield Avenue and Eastern Avenue Intersection Improvements Project FY 2022-2023, CIP No. 3881 (hereinafter, the "Project"); and
WHEREAS, CITY issued a notice inviting competitive bids for the Project on October 16, 2025; and
WHEREAS, following the opening of bids on November 19, 2025, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
ARTICLE I (CONTRACT DOCUMENTS)
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices, any and all addenda, Proposal, Bidder Information, all required bonds, insurance certificates, this Contract, permits, notices, affidavits and any future supplemental agreements or Contract change orders, as they may be approved by CITY (hereinafter "Contract Documents"). All of the provisions of the Contract Documents are
made a part hereof as though fully set forth herein and are attached and incorporated hereto as Exhibit "A."
ARTICLE II (WORK TO BE PERFORMED)
CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete, in a good and workmanlike manner, Project as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.
ARTICLE I II (CONTRACT PRICE,
CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of ONE MILLION NINE HUNDRED SEVENTY THOUSAND FIVE HUNDRED SEVEN DOLLARS ($1,970,507) for the Project (hereinafter, the "Bid Price"). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing 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 aforesaid Contract Documents; and also including those arising from 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.
As authorized by the City Council at its Regular Meeting of December 8, 2025, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.
ARTICLE IV (NOTICE AND SERVICE THEREOF;
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely: