TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 23-04 – A Resolution awarding a contract for purchase and installation of catch basin connector pipe screens (City Project No. 22/23-03) pursuant to Government Code § 830.6 and authorizing the City Manager to execute Agreement File No. 983, in a form approved by the City Attorney, with G2 Construction, Inc. without the need for California Public Contract Code bidding as otherwise required by the Bellflower Municipal Code.
DATE: January 23, 2023
EXECUTIVE SUMMARY
This action would authorize the City Manager to enter into an agreement with G2 Construction, Inc. (G2), for the purchase and installation of catch basin connector pipe screens (catch basin inserts), which are trash and debris capture devices. This procurement will be under a County of Orange Master Agreement with G2 for trash and debris capture devices.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 23-04; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The total compensation to G2 for purchase and installation of 279 catch basin inserts will be an amount not to exceed $462,874. Sufficient funds for this agreement are budgeted in Account Nos. 320-47000-9000 (Structural Improvements) and 320-47010- 9000 (Stormwater Management Project). This agreement will be fully funded by Safe, Clean Water Program (Measure W) funds.
12-H
-1-
Staff Report – Awarding a Contract to G2 Construction, Inc., for Purchase and Installation of Catch Basin Connector Pipe Screens
January 23, 2023
BACKGROUND
On April 7, 2015, the State Water Resources Control Board adopted an amendment to the Water Quality Control Plan for Ocean Waters of California intended to provide statewide consistency in regulating trash to protect aquatic life and public health, provide other beneficial uses, and to reduce environmental issues associated with trash in State waters (known as the “Trash Amendments").
Owners and operators of municipal storm drain systems have 10 years to demonstrate full compliance with the Trash Amendments by installing, operating, and maintaining full capture systems for storm drains that capture runoff from priority land uses in their respective jurisdictions. Priority land uses include high-density residential, industrial, commercial, and public transportation centers. Full capture systems are defined as treatment controls that trap all particles five millimeters or greater in size and allow water to flow at a certain rate. The National Pollutant Discharge Elimination System (NPDES) Permit for municipal storm drain system discharges in Los Angeles County requires compliance with the Trash Amendments. Since the City of Bellflower (City) is a permittee under the NPDES Permit, the City is required to comply with the Trash Amendments. In order to facilitate compliance with the NPDES Permit requirements, the City joined Watershed Management Programs (WMPs) in the Los Cerritos Channel Watershed and the Lower San Gabriel River Watershed. Under the respective WMPs, the City made a commitment to install full capture systems in catch basins within priority land uses in the City.
On September 26, 2016, the City entered into a contract with G2 for the installation of up to 192 full capture catch basin inserts in City-owned catch basins, using a County of Orange Master Agreement (Contract MA-080-15011198). G2 completed the installations on December 13, 2016. In order to comply with the Trash Amendments, the City must now install full capture catch basin inserts in County-owned catch basins in priority land use areas within the City.
DISCUSSION
In January 2020, the County of Orange solicited bids for trash and debris capture devices. The County of Orange received pre-qualified contractors that submitted bid prices for various size catch basin trash and debris capture devices. One of the pre-qualified contractors is G2, which entered into a Master Agreement with the County of Orange for trash and debris capture devices (Contract MA-080-20011478). The Master Agreement includes a clause for cooperative agreements, extending the provisions and pricing to other local government agencies wishing to procure and install trash and debris capture devices.
Since the City was satisfied with G2’s installation of catch basin inserts in City-owned catch basins, Public Works requested a proposal from G2 for the purchase and installation of catch basin inserts in County-owned catch basins utilizing pricing from Contract MA-080-20011478.
-2-
Staff Report – Awarding a Contract to G2 Construction, Inc., for Purchase and Installation of Catch Basin Connector Pipe Screens
January 23, 2023
DISCUSSION – Continued
G2 provided the requested proposal, which Public Works reviewed for conformance with the County of Orange Master Agreement. The proposed scope of work consists of the purchase and installation of 279 full capture catch basins inserts in County-owned catch basins. G2 would provide all of the services and materials necessary for the installation of the catch basin inserts in all locations, including any necessary traffic control and L.A. County Flood Control District permitting costs. Installation is anticipated to be completed within 120 working days after the issuance of a notice to proceed.
Ordinarily, the Public Contracts Code (“PCC”) requires formal bidding for all public works projects. As set forth in the draft resolution, however, it appears that the County of Orange already met the PCC requirements for competitive bidding. Under such circumstances, the City Council may determine that bid solicitation is not required and authorize award of contract to a particular contractor.
Public Works staff recommends that the City Council authorize the City Manager to execute the proposed agreement with G2, utilizing pricing from the County of Orange Master Agreement.
ENVIRONMENTAL REVIEW
The proposed agreement with G2 consists of the purchase and installation of catch basin inserts, which involves negligible or no expansion of an existing use. 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 installation of catch basin inserts in County-owned catch basins is categorically exempt from CEQA based upon a Class 1 exemption.
ATTACHMENTS
Resolution No. 23-04....................................................................................................... 4 Agreement File No. 983 (Public Works Contract for City Project No. 22/23-03) .............. 7 -3-
CITY OF BELLFLOWER
RESOLUTION NO. 23-04
A RESOLUTION AWARDING A CONTRACT FOR
PURCHASE AND INSTALLATION OF CATCH BASIN
CONNECTOR PIPE SCREENS (CITY PROJECT
NO. 22/23-03) PURSUANT TO GOVERNMENT CODE §
830.6 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENT FILE NO. 983, IN A FORM
APPROVED BY THE CITY ATTORNEY, WITH G2
CONSTRUCTION, INC. WITHOUT THE NEED FOR
CALIFORNIA PUBLIC CONTRACT CODE BIDDING AS
OTHERWISE REQUIRED BY THE BELLFLOWER
MUNICIPAL CODE
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. On December 22, 2022, the City received a proposal from G2 Construction, Inc. (the “Company”) for the full capture catch basin insert project (the “Project”);
B. Ordinarily, the City would need to comply with the competitive bidding requirements set forth in the California Public Contract Code for this type of project;
C. The purpose of such bidding requirements is to guard against favoritism, improvidence, extravagance, fraud and corruption, to prevent waste of public funds, and to obtain the best economic result for the public;
D. The facts and circumstances of this Project, however, demonstrate that the Public Contract Code bidding requirements would be unavailing or would not produce an advantage, and the advertisement for competitive bid would thus be undesirable and impractical for the following reasons:
1. The County of Orange conducted a competitive bidding process and awarded a contract to the Company. It is improbable that any other contractor can provide these services for a lesser amount.
2. The County of Orange contract with the Company (Contract No.
MA-080-20011478) includes a clause for cooperative agreements, extending the provisions and pricing to other local government agencies.
-4-
City of Bellflower
Resolution No. 23-04
E. In waiving the competitive bid requirements otherwise required by the Bellflower Municipal Code and Public Contract Code, the City Council takes note of the analysis and decisions set forth in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631; Hodgeman v. City of San Diego (1942) 53 Cal. App.2nd 610; Orange County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los Angeles G&E Corp. v. City of Los Angeles (1922) 188 Cal. 307;
F. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project; and
G. Company’s proposal is based on providing prevailing wages to its employees in performing this work.
SECTION 2. Authorizations.
A. The Director of Public Works, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the work approved by this Resolution; and
B. The City Manager is authorized to execute Agreement File No. 983 with Company for construction of the Project in a form approved by the City Attorney.
SECTION 3. Design Immunity.
A. The design and plans for the Project are determined to be consistent with the City’s standards and are approved.
B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City’s General Plan.
D. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.
SECTION 4. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
-5-
City of Bellflower
Resolution No. 23-04
SECTION 5. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 6. To the extent that any other resolution pertaining to the award of contract for purchase and installation of catch basin connector pipe screens is incorporated into this Resolution, it is superseded in its entirety.
SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 9. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 23RD DAY OF JANUARY 2023.
Sonny R. Santa Ines, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
-6-
C-1
AGREEMENT FILE NO. 983
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF BELLFLOWER AND
G2 CONSTRUCTION, INC.
This CONTRACT is entered into this 23rd day of January, 2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“the City”) and G2 Construction, Inc., a California corporation (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents.
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Proposal; County of Orange, OC Public Works Contract MA-080-20011478; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed four hundred sixty-two thousand eight hundred seventy-four dollars ($462,874) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within ten (120) working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to proceed.
The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. -7-
City of Bellflower
Agreement File No. 983; City Project No. 22/23-03
C-2
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
-8-
City of Bellflower
Agreement File No. 983; City Project No. 22/23-03
C-3
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
Len Gorecki, Director of Public Works John R. Alvarado, President 16600 Civic Center Drive 1352 E. Bochard Ave.
Bellflower, CA 90706 Santa Ana, CA 92705
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
-9-
City of Bellflower
Agreement File No. 983; City Project No. 22/23-03
C-4
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
[SIGNATURES ON NEXT PAGE]
-10-
City of Bellflower
Agreement File No. 983; City Project No. 22/23-03
C-5
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER G2 CONSTRUCTION, INC.
____________________________ ____________________________ Jeffrey L. Stewart, John R. Alvarado,
City Manager President
ATTEST:
_____________________________ Taxpayer ID No. 01-0862732 Mayra Ochiqui,
City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger,
City Attorney
ATTACHMENTS:
Exhibit “A” – Scope of Work
Exhibit “B” – Proposal
-11-
Faithful Performance Bond
Agreement File No. 983; City Project No. 22/23-03
FPB-1
CITY OF BELLFLOWER
PURCHASE AND INSTALLATION OF CATCH BASIN CONNECTOR PIPE SCREENS
FAITHFUL PERFORMANCE BOND
Bond No.
Bond Fee:
(“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, the Contract Documents, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in the Contract Documents, a copy of which is on file with CITY’s Public Works Department (“Public Project”).
Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL’s work on the Public Project will be done in accordance with CITY’s plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).
-12-
Faithful Performance Bond
Agreement File No. 983; City Project No. 22/23-03
FPB-2
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so;
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: ALL signatures must be acknowledged by a notary public. -13-
Labor and Materials Bond
Agreement File No. 983; City Project No. 22/23-03
L&MB-1
CITY OF BELLFLOWER
PURCHASE AND INSTALLATION OF CATCH BASIN CONNECTOR PIPE SCREENS
LABOR AND MATERIALS BOND
Bond No.
Bond Fee:
, as principal (“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in the Contract Documents (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will demolish the improvements identified in the Contract Documents, and the public works contract executed for such Specifications, copies of which is on file with CITY’s Public Works Department (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).
-14-
Labor and Materials Bond
Agreement File No. 983; City Project No. 22/23-03
L&MB-2
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: ALL signatures must be acknowledged by a notary public.
-15-
Worker’s Compensation
Agreement File No. 983; City Project No. 22/23-03
WC-1
WORKERS’ COMPENSATION CERTIFICATE
(AS REQUIRED BY LABOR CODE § 1861)
I am aware of Labor Code § 3700 which requires every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
Contractor
By
Title
-16-
Declaration of Sufficiency of Funds
Agreement File No. 983; City Project No. 22/23-03
DSF-1
DECLARATION OF SUFFICIENCY OF FUNDS
(California Labor Code Section 2810)
I, the undersigned, an authorized representative of ________________ (insert name of Bidder) (“Bidder”) with authority to make the statements contained in this Declaration on behalf of Bidder, hereby declare the following:
1. The Bidder’s employer identification number for state tax purposes is ______________________ (insert identification number).
2. The Bidder’s workers’ compensation insurance policy number is ______________________ (insert policy number) and the name, address, and telephone number of the insurance carrier providing said insurance is:
__________________________________ (insert information requested).
3. The following information is provided concerning any and all vehicles that are owned by the Bidder and that will be used for transportation in connection with any service provided for the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested.
Attach addition sheets, if needed):
Vehicle Vehicle ID No.
Vehicle
Liability Insurance Policy No.
(of Policy covering vehicle)
Name, Address and Telephone No.
of Vehicle Liability Insurance Carrier
(issuing Policy covering vehicle)
-17-
Declaration of Sufficiency of Funds
Agreement File No. 983; City Project No. 22/23-03
DSF-2
4. The following is the address of any real property that will be used to house workers in connection with the performance of the W ork that is subject of the Bidder’s Bid to the District (insert information requested. If no such housing will be provided, enter “none”). ___________________________.
5. The actual or estimated number of workers that will be employed to perform the Work of the Project that is the subject of the Bidder’s Bid, the total amount of wages to be paid to said workers, and the date on which said wages will be paid are as follows (attach additional sheets, if needed):
Total Number of Workers Total Amount of Wages Dates for Payment of Wages
6. Check only one of the following boxes, as applicable:
The statement of number of workers declared in Paragraph 5, above, is a statement of the actual number of workers that will be employed; or
The actual number of workers requested in Paragraph 5, above, is unknown and therefore the statement of number of workers declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of workers that will be employed.
7. The actual or estimated total number of persons and entities who will be utilized as independent contractors to perform the Work of the Project that is the subject of the Bidder’s Bid (together with their known, current local, state, and federal contractor license identification numbers that each is required to have under local, state or federal laws or regulations are as follows (attach additional sheets, if needed):
List of Independent Contractors Current, Local, State and Federal Contractor License Identification Number
-18-
Declaration of Sufficiency of Funds
Agreement File No. 983; City Project No. 22/23-03
DSF-3
8. Check only one of the following boxes, as applicable:
The statement of number of independent contractors declared in Paragraph 7, above, is a statement of the actual number of independent contractors that will be utilized; or,
The actual number of independent contractors requested in Paragraph 7, above, is unknown and therefore the statement of number of independent contractors declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of independent contractors that will be utilized.
I, the undersigned, declare under penalty of perjury that the foregoing statements are within my personal knowledge and are true and correct. Executed on this ______ day of ______________, in the year 20___.
_____________________________________
_____________________________________
Print Name
-19-
Guaranty
Agreement File No. 983; City Project No. 22/23-03
G-1
CITY OF BELLFLOWER
PURCHASE AND INSTALLATION OF CATCH BASIN CONNECTOR PIPE SCREENS
GUARANTY
In accordance with the terms of the contract for Purchase and Installation of Catch Basin Connector Pipe Screens in the City of Bellflower (the “Contract”) approved January 23, 2023 between the City of Bellflower (the “Agency”) and the undersigned (the “Contractor”), under which the Contractor shall complete work as described in the Contract Documents (as defined in the Contract), the following guarantee of said work is hereby made.
If any of the items installed pursuant to the Contract, prove defective or if the item, as a whole, proves defective, due to faulty workmanship, material furnished or methods of installation, or if the said item or any part thereof fails to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the Agency, then the undersigned agrees the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the Agency; provided, that if the Contract Documents require a longer guaranty period, then the longer period shall apply. In the event repairs are not made within thirty (30) days, the Agency shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. The Contractor agrees to reimburse the Agency, upon demand, of its expenses incurred in restoring said items to the condition contemplated in the Contract, including the cost of any equipment or materials replaced, or upon demand by the Agency, to replace any such equipment and repair said items completely without cost to the Agency so that they will operate successfully as originally contemplated.
Emergency repairs must necessarily be made by the Agency; therefore, when defective material or workmanship results in emergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred.
Each item will be deemed defective within the meaning of this guaranty in the event that item fails to operate as originally intended thereof and in accordance with the plans and specifications included in the Contract. The Faithful Performance Bond required for the Contract shall remain in full force and effect for the entire first year of the applicable guarantee period.
_____________________________ ________________________________ Date (Print Name of Contractor, Company or Corporation)
________________________________
Signature
-20-
CITY OF BELLFLOWER
AGREEMENT FILE NO. 983 - EXHIBIT A
SCOPE OF WORK
The following Scope of Work is for the purchase and installation of catch basin connector pipe screens.
Contractor agrees to and will furnish all necessary labor, tools, materials, appliances, and equipment needed for and to do all work for the completion of the purchase and installation of catch basin connector pipe screens in accordance with the terms and conditions set forth in Orange County Agreement MA-080-20011478 (hereinafter referred to as "County Agreement"), attached as Exhibit “A1,” and incorporated by reference. The terms of the County Agreement, together with all exhibits, attachments, and amendments thereto, are incorporated by reference herein, excepting only any paragraph, section, or provision that is in conflict with any provision of this Agreement, or where the subject matter in any paragraph, section, or provision is also addressed in this Agreement, whereupon the terms of this Agreement will govern. Reference to the County Agreement, to the "County," or "County of Orange," or the "Board," or "Board of Supervisors," mean and refer, respectively, to the City and City's City Council, to the extent the context permits or requires.
The locations and prices per installation of each catch basin connector pipe screen for the City of Bellflower will be as set forth in Contractor’s proposal, attached hereto as Exhibit “B,” and incorporated by reference. City agrees to pay Contractor monthly, in accordance with the unit prices contained in Exhibit “B” based upon actual services completed. This amount may not exceed $462,874 for the total term of the Agreement.
-21-
-22-
-23-
-24-
-25-
-26-
-27-
-28-
-29-
-30-
-31-
-32-
-33-
-34-
-35-
-36-
-37-
-38-
-39-
-40-
-41-
-42-
-43-
-44-
-45-
-46-
-47-
-48-
-49-
-50-
-51-
-52-
-53-
-54-
-55-
-56-
-57-
-58-
-59-
-60-
-61-
-62-
-63-
-64-
-65-
-66-
-67-
-68-
-69-
-70-
-71-
-72-
-73-
-74-
-75-
-76-
-77-
-78-
-79-
-80-
-81-
-82-
-83-
-84-
-85-
-86-
-87-
-88-
-89-
-90-
-91-
-92-
-93-
-94-
-95-
-96-