NoSpecialties
7. OFF-ROAD DIESEL REGULATION AMENDMENTS –
The California Air Resources Board (CARB) approved amendments to the In -Use Off -Road Diesel-Fueled Fleets Regulation (Off-Road Regulation) on November 17, 2022, aimed at further reducing emissions from the off-road sector. Please see general fact sheet for an overview of the amendments at https://ww2.arb.ca.gov/resources/fact-sheets/overview-amendments-use-road- diesel-fueled-fleets-regulation.
Copies of the valid Certificates of Reported Compliance must be obtained from the fleet listed for the selected contract and listed subcontractors prior to entering a new or renewed contract involving the operation of self propelled off-road diesel vehicles 25 horsepower or greater and most two -engine vehicles owned and operated in California, including vehicles that are rented or leased. See Exhibit 1 – Sample: Certificate of Reported Compliance for the In-Use Off-Road Diesel-Fueled Fleets.
8. UNDERGROUND UTILITIES – Section 4216 of the Government Code requires a Dig Alert Identification Number be issued before excavation will be permitted. Call for mark-outs and a Dig Alert I.D. number from Underground Service Alert, at 1-800-227-2600, at least two working days before excavating.
9. STORMWATER MANAGEMENT AND DISCHARGE CONTROL
9A. JURISDICTIONAL RUNOFF MANAGEMENT PROGRAM (JRMP) - The JRMP is the City of El Cajon’s approach to improving water quality in rivers, bays, lakes, and ocean through reducing discharges of pollutants to the Municipally Separate Storm Sewer System (MS4) storm drain system. To reduce pollutants in MS4 discharges to water bodies, the City implements or requires its residents, businesses, municipal facilities, and land owners to implement a variety of measures known as best management practices (BMPs). All municipal activities shall be conducted in accordance with the City’s JRMP.
i. Demolition/Construction
Municipal projects involving demolition/construction activities shall implement a minimum level of BMPs to help prevent the discharge of pollutants including sediment, toxic chemicals or other construction related materials to the City’s MS4 storm drain sy stem. The following is a list of minimum BMPs to be used for Demolition/Construction related municipal activities:
BMP1: Eliminate illicit
non-storm water
discharges
Non-storm water (water other than rain) shall not be discharged to the City’s MS4 storm drain. To eliminate illicit discharges, do not allow any solid or liquid material except uncontaminated storm water to enter City storm drains, curb gutters along City streets, or any other part of the City’s MS4.
CASQA:
SC: 10 Storm Drain Inlet Protection
SC:44 Drainage System Maintenance
BMP 14: Protect unpaved
areas, including
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landscaping, from erosion
using vegetative or
physical stabilization
accumulations of eroded soil shall be removed or contained to prevent sediment transport in runoff to the City’s MS4 storm drain system.
CASQA: SC:41 Building & Grounds Maintenance
BMP 16: Implement good
housekeeping to keep site
free of trash and debris
Outdoor areas shall be cleaned as needed to keep them free of accumulations of trash, sediment, litter, and other debris to help prevent transport to the City’s MS4 storm drain system.
CASQA: SC:41 Building & Grounds Maintenance
BMP 30: Temporarily
protect storm drains from
non-storm water
discharges while
conducting activities that
have the potential to
result in a discharge
If municipal activities conducted cannot be fully contained or minor failures in containment would potentially result in discharges of non- storm water to the MS4, temporary measures shall be used to protect the storm drain system. Any municipal activities and construction related materials that enter the MS4 storm drain system shall be removed promptly and disposed of appropriately (in accordance with other minimum BMPs). Keep storm drain inlets and under drains free of sediment, trash, and debris.
CASQA:
SC: 10 Storm Drain Inlet Protection
SC:44 Drainage System Maintenance
City of El Cajon’s Jurisdictional Runoff Management Plan, Minimum Best Management Practices for Industrial, Commercial, and Municipal Site/Sources, 2015.
Copies of the complete JRMP are available online at https://www.elcajon.gov/i-want- to/view/documents-forms-library/-folder-137 or reviewed in person at City of El Cajon’s City Hall (200 Civic Center Way). For any questions regarding the JRMP, or to make an appointment with the storm water management staff to discuss and/or review requirements, please call (619) 441- 1653.
9B. STORMWATER MANAGEMENT AND DISCHARGE CONTROL
City of El Cajon’s Municipal Code Chapter 13.10 ( Stormwater Management and Discharge Control) identifies management practices to help protect health, safety and general welfare of citizens of El Cajon and improve water quality. Management practices will help reduce the adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of storm water as a resource; and to ensure that the city is compliant with the Municipal Permit. The Municipal Code requires the control of non -stormwater discharge and reduction of pollutant discharge to the maximum extent practicable. Pollutant, as defined by the Municipal code means any agent that may cause or contribute to the degradation of water quality such that Docusign Envelope ID: 844035BB-67F7-49A3-BF20-7981B559E12C June 17, 2025
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a condition of pollution or contamination is created or aggravated. To m aintain compliance with the City of El Cajon’s Municipal Code CHAPTER 13.10 and Municipal Stormwater Permit, non - stormwater pollutant discharges must be controlled to the maximum extent practicable.
Any proposed demolition/construction activities that includes the disturbance of surface area less than < 1 acre requires the development of a Water Pollution Control Plan (WPCP).
Any proposed demolition/construction activities that includes the disturbance of surface area greater than > 1 acre requires the development of a Storm Water Pollution Prevention Plan (SWPPP).
A template for the WPCP/SWPPP can be found at:
https://dot.ca.gov/programs/construction/storm-water-and-water-pollution-control. The Contractor shall be responsible for the design of a WPCP/SWPPP and implement Best Management Practices (BMPs) to help eliminate pollutant discharge s to the MS4 storm drain system. Use CASQA and/or Caltrans BMP factsheets. The WPCP/SWPPP must be submitted prior to any construction activities including soil disturbance, grading, clearing of vegetative material.
The WPCP/SWPPP shall be submitted at least ten (10) working days prior to the start of construction and shall be approved in writing by the City Engineer prior to commencing work.
The Contractor shall implement the WPCP/SWPPP and take remedial and preventive action immediately when pollutant discharge occurs and/or the City Engineer/Public Works Director directs. Full compensation for all work involved in Stormwater Management and Discharge Control, including the WPCP/SWPPP, furnishing, installation, maintenance and removal of all necessary BMP materials (including silt fences, gravel bags, and materials ) and all necessary labor, tools and equipment, shall be considered as included in the contract prices paid for the various items of work and no additional payment will be made therefor.
10. PROJECT MANAGEMENT DOCUMENTATION & ADMINISTRATION
a. The City of El Cajon reserves the right to utilize an online cloud -based project management system. Virtual Project Manager (VPM) allows for paperless documentation and project administration. For more information, go to www.virtual-pm.com.
b. Virtual Project Manager (VPM) allows for paperless documentation and project administration. All posted information is available to all personnel involved with the project at any time using the internet.
c. The use of VPM by the Contractor is mandatory. Access to VPM will be provided at no cost to the contractor.
d. In order to utilize VPM, the contractor needs a computer, internet access, a digital camera, and a scanner. For more information, go to www.v irtual-pm.com. To Login, from the homepage, select LOGIN and enter the Username and Password that will be provided to you by the City’s Representative.
e. The contractor shall use the following features:
i. Daily Logs: Contractor’s daily reports shall be entered electronically here.
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electronically here.
iii. Transmittals: Schedules, Certified Payrolls (In addition, hard copies with wet signatures are required), etc. shall be electronically submitted here.
iv. Submittals: Submittals requiring approval shall be submitted electronically here.
v. RFIs: Requests for information (RFIs) shall be submitted electronically here.
vi. Payment Applications: Monthly Payment Applications shall be submitted by the specified date for review and approval by submitting current work items completed within the schedule of values. Contractor to submit back-up as required.
11. LCP TRACKER SOFTWARE (CERTIFIED PAYROLLS)
a. LCP Tracker software allows for the submittal of weekly certified payrolls and related labor compliance documentation. LCP Tracker is available to the Contractor involved with the project via internet access.
b. The use of LCP Tracker by the Contractor is mandatory for this project. Access to LCP Tracker will be provided at no cost to the Contractor.
c. In order to utilize LCP Tracker, the Contractor will require a computer with internet access.
A digital camera and a scanner may be useful as well. For additiona l information, go to www.lcptracker.com. To login, go to www.lcptracker.net and from the homepage, select LOGIN and enter the Username and Password that will be provided to you by the City.
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BID
In the matter of supplying labor and material for Street Sweeping Services for the Cities of El Cajon, Del Mar, and Solana Beach:
To the City Council of the City of El Cajon:
Pursuant to and in compliance with the Notice Inviting Bids, the bidder hereby proposes and agrees to perform the work, therein described, in accordance with the attached specifications, instructions, and conditions, in the time, form, and manner provided by law at the bid price herein.
No bid will be accepted that does not contain an adequate or reasonable price for each and every item work listed on the bid proposal.
The estimated quantities, unit prices, and total costs herein set forth are for the purpose of comparison of bids only. The final payment will be made upon the basis of actual quantities as per the unit prices bid, as the same may be finally determined by the Deputy Director of Public Works and confirmed by the City Council of the City of El Cajon.
The bidder agrees to enter into a contract therefore in the time, form , and manner provided by law at the following unit prices, to wit:
BID
No. Description UOM EST. QTY.
Item
Price
(In
Figures)
Total
(In Figures)
1 Routine Street Sweeping
Services
Curb
Mile
11,858.268
SUBMIT BID
PRICING
ELECTRONICALLY
2 Routine Parking Lot
Sweeping Services
Square
Foot 35,447,258.64
3 Special Sweeping Services Hour 246
4 Emergency Sweeping Services Hour 54
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CHECK LIST
THE FOLLOWING DOCUMENTS MUST BE SUBMITTED TO COMPRISE A
COMPLETE BID
Any Addendum to the bid that is issued prior to the bid opening
Noncollusion Declaration
Bidder’s Bond (may use bonding company form in lieu of City form; Attorney-in- Fact signature for Surety must be notarized; Power of Attorney for Attorney-in- Fact must be included)
**NOTE: Original Bid Bond shall be submitted in a sealed envelope indicating the Bid Number and Name of Bid before the due date and time as provided in the Information for Bidders.
Designation of Worker Classifications
Designation of Subcontractors (must include subcontractor(s) license number, DIR contractor registration number)
Bidders Statement Regarding Insurance Coverage
Experience Statement
Public Agency Clause
Option to Renew
_____ CARB – Off-Road Diesel Regulation Amendments
______Acceptance of City of Del Mar Standard Agreement
Bidder’s Organizational Information
THE FOLLOWING DOCUMENTS ARE FOR INFORMATION ONLY, AND WILL ONLY BE
COMPLETED BY THE AWARDED BIDDER
Sample of Performance Bond (Principal and Attorney-In-Fact Signatures Must Be Notarized) Sample of Labor and Material Bond (Principal and Attorney-In-Fact Signatures Must Be Notarized) Sample of Certification by Contractor
FOR CITY USE ONLY
Federal Funding ______YES ___X__ NO
If Yes: Check for Non-Debarred Status (website: https//www.sam.gov) Attach a copy of SAM print out.
Contractor’s license meets requirements of Item 6.10 of the General Conditions ____Yes____No Docusign Envelope ID: 844035BB-67F7-49A3-BF20-7981B559E12C June 17, 2025
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NONCOLLUSION DECLARATION
***to be submitted by ALL BIDDERS***
The undersigned declares:
I am the ___________________ of ________________________, the party (TITLE) (FIRM NAME)
making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directl y or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of Californi a that the foregoing is true and correct and that this declaration is executed on __________[date], at ________________[city], _______________[state].
Name & Title: ___________________________________
(PRINTED)
___________________________________
By (Signature):__________________________________
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
***to be submitted by ALL BIDDERS unless bid accompanied by cash or equivalent***
KNOW ALL BY THESE PRESENTS,
That we, ,
As Principal, and ,
as Surety, are held and firmly bound unto the CITY OF EL CAJON in the sum of ($ )
to be paid to the said City or its certain attorney, its successors and assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if the bid of the above Principal to
dated , is either:
A. ACCEPTED by the CITY OF EL CAJON, and if the Principal, his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the two (2) bonds described within ten (10) days after the Notice of Award of Contract has been mailed to the above Principal;
OR
B. REJECTED by the CITY OF EL CAJON,
THEN, this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF we hereunto set our hands and seals this day of , 20 .
PRINCIPAL: SURETY:
Attorney-in-Fact
(Attorney-in-Fact must be notarized – see following page)
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BIDDER'S BOND TO ACCOMPANY PROPOSAL (cont’d)
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity.
STATE OF CALIFORNIA )
) SS:
COUNTY OF ____________ )
On_____________________, before me, ______________________________, a Notary Public, personally appeared_________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL)
Signature
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DESIGNATION OF WORKER CLASSIFICATIONS
***to be submitted by ALL BIDDERS***
In compliance with the provisions of California Labor Code Section 1773.3, the City shall notify the Department of Labor Relations Division of Apprenticeship Standards of any contract awarded under section 1777.5.
Bidder shall provide the following information for California Labor Code Section 1777.5 contract work. List name(s) of general contractor and sub-contractor next to all applicable classifications:
CLASSIFICATIONS
□Asbestos _______________________________________________________________________ □Boiler Maker _______________________________________________________________________ □Bricklayers _______________________________________________________________________ □Carpenters _______________________________________________________________________ □Carpet/Linoleum _______________________________________________________________________ □Cement Masons _______________________________________________________________________ □Drywall Finisher _______________________________________________________________________ □Drywall/Lathers _______________________________________________________________________ □Electricians _______________________________________________________________________ □Elevator Mechanic ______________________________________________________________________ □Glaziers _______________________________________________________________________ □Iron Workers _______________________________________________________________________ □Laborers _______________________________________________________________________ □Millwrights _______________________________________________________________________ □Operating Eng _______________________________________________________________________ □Painters _______________________________________________________________________ □Pile Drivers _______________________________________________________________________ □Pipe Trades _______________________________________________________________________ □Plasterers _______________________________________________________________________ □Roofers _______________________________________________________________________ □Sheet Metal _______________________________________________________________________ Docusign Envelope ID: 844035BB-67F7-49A3-BF20-7981B559E12C June 17, 2025
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DESIGNATION OF WORKER CLASSIFICATIONS (cont’d)
□Sound/Comm _______________________________________________________________________ □Surveyors _______________________________________________________________________ □Teamster _______________________________________________________________________ □Tile Workers _______________________________________________________________________
Printed Name of General Contractor:
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DESIGNATION OF SUBCONTRACTORS
***to be submitted by ALL BIDDERS***
**Bidder must identify specialty item if applicable. The description of the specialty item must match that of the Specialty Items as listed in the Special Conditions.
In compliance with the Subletting and Subcontracting Fair Practices Act (commencing at section 4100), part 1, division 2 of the Public Contract Code of the State of California) (“Chapter 4”) and any amendments thereof, each bidder shall set forth below: (a) The name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of the bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater and (b) The portio n of the work that will be done by each subcontractor under this act.
The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.
If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, bidder shall be deemed to have agreed that bidder is fu lly qualified to perform that portion himself, and that bidder shall perform that portion himself.
No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one -half of one percent of the prime contractor's total bid as to which his original bid di d not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess on one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 4, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by sections 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform the public work pursuant to section 1725.5 of the Labor Code at the time the contract is awarded.
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DESIGNATION OF SUBCONTRACTORS (cont’d)
**Bidder must identify specialty item if applicable. The description of the specialty item must match that of the Specialty Items as listed in the Special Conditions. SEE LIST BELOW.***
Name and
Location of
Business of
Subcontractor
Subcontractor
License
Number & DIR
Registration
Number
Bid Item†
No.
Type of
Work (All)
or
(Portion*)
Dollar
Amount
Specialty**
(Specify
per list
below)
Subcontractor
Worker
Classification***
(Specify per list
below)
Lic#__________
Reg#_________
Lic#__________
Reg#_________
Lic#__________
Reg#_________
†Each bid item being performed by a subcontractor must be listed separately.
*If a portion of an item is subcontracted, documentation approved by the City Project Manager/Engineer must be submitted by the Contractor with their bid offer. Such documentation shall include proof of the amount to be paid to, and the specific portions of the work to be done by, the subcontractor, as well as the prime contractor’s certification of the specific portions of work to be done by its own forces.
**Bidder must identify specialty trade if applicable. The description of the specialty trade must match that of the Specialty Items as listed in the Special Conditions.
***Bidder must identify worker classification for each subcontractor (i.e. Asbestos, Boilermaker, Bricklayers, Carpenters, Carpet/Linoleum, Cement Masons, Drywall Finisher, Drywall/Lathers, Electricians, Elevator Mechanic, Glaziers, Iron Workers, Labor ers, Millwrights, Operating Engineer, Painters, Pile Drivers, Pipe Trades, Plasterers, Roofers, Sheet Metal, Sound/Comm., Surveyors, Teamster, Tile Workers, etc.).
In case of discrepancy between the information provided on this document and Subcontractors information submitted through PlanetBids (or any other designated online platform), this document shall prevail.
Proper name of Bidder
By
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BIDDER'S STATEMENT
REGARDING INSURANCE COVERAGE
***to be submitted by ALL BIDDERS***
BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in this Invitation to Bid. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agrees to name the City of El Cajon, the City of Del Mar, and the City of Solana Beach as Additional Insured for the work specified.
_____________________________________________
Name of Bidder (Person, Firm, or Corporation)
_____________________________________________
Signature of Bidder's Authorized Representative
_____________________________________________
Name & Title of Authorized Representative
____________________
Date of Signing
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EXPERIENCE STATEMENT
***to be submitted by ALL BIDDERS***
List at least three references for work of a similar nature performed within the last three years.
I hereby certify that I have performed the work listed below.
__________________________________
Signature of Bidder
Description Year Amount Customer and Telephone
$
( )
$
( )
$
( )
$
( )
$
( )
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PUBLIC AGENCY CLAUSE
***to be submitted by ALL BIDDERS***
It is intended that any other public agency (i.e., city, county, district, public authority, public agency, municipality, or other political subdivision of California) located in the State of California shall have an option to participate in any award made as a result of this solicitation. The City of El Cajon shall incur no financial responsibility in connection with orders issued by another public agency. The public agency shall accept sole responsibility for placing orders or making payments to the vendor. Option shall not be considered in bid evaluation. State whether option is granted.
Organization Name: ________________________________ Yes No
Authorized Signature: ___________________ Date: __________________
Printed Authorized Name: _____________________________
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OPTION TO RENEW
***to be submitted by ALL BIDDERS***
This contract shall be effective and services rendered hereunder for a period of one (1) year commencing July 1, 2024 through June 30, 2025 or an equivalent period depending upon the date of award.
The City may desire to exercise an option to renew the co ntract for four additional one (1) year periods under the terms and conditions herein stated tentatively beginning July 1, 2025 through June 30,2029.
The City proposes that such renewal be contingent on a mutual agreement between the City and the successful bidder herein, such agreement to be confirmed thirty (30) days prior to the termination of the contract period in which either party may at that time decline to confirm the renewal of the contract, and such declination would render the renewal option null and void.
Would the bidder accept an option to renew, subject to the above stated conditions?
Option Period 1 – July 1, 2025 – June 30, 2026 YES NO .
Option Period 2 - July 1, 2026 – June 30, 2027 YES NO .
Option Period 3 - July 1, 2027 – June 30, 2028 YES NO .
Option Period 4 - July 1, 2028 – June 30, 2029 YES NO .
If bidder would accept the option to renew, please indicate below the maximum percentage increase to which the prices in effect at the end of the contract period would be subject if the renewal option were exercised.
Bidder stipulates that the cumulative total of all Option Period 1 increases would not exceed % of the prices in effect at the end of the initial period.
Bidder stipulates that the cumulative total of all Option Period 2 increases would not exceed % of the prices in effect at the end of Option Period 1.
Bidder stipulates that the cumulative total of all Option Period 3 increases would not exceed % of the prices in effect at the end of Option Period 2.
Bidder stipulates that the cumulative total of all Option Period 4 increases would not exceed % of the prices in effect at the end of Option Period 3.
Failure to complete the price increase section above will be construed to mean that prices bid are firm for the duration of the contract, general cost increases to the trade by bidder notwithstanding.
The City usually does not grant price increases which are in excess of the Consumer Price Index (CPI) for the San Diego area as published by the Bureau of Labor Statistics. For applicable goods, the City does not grant price increases which are in excess of the Producer Price Index (PPI) for the San Diego area as published by the Bureau of Labor Statistics. If an increase is requested, the Contractor must provide detailed supporting documentation to justify the requested increase. The requested increase will be evaluated by the City, and the City reserves the right to accept or reject.
Organization Name: _____________________________________________
Authorized Signature: _______________________ Date: __________________
Printed Authorized Name: _____________________________
EVALUATION OF OPTION PERIODS - The recommendation for award will be based on the initial contract period only, and not on the option periods, if any.
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CALIFORNIA AIR RESOURCES BOARD (CARB) OFF-ROAD DIESEL REGULATION
AMENDMENTS
***to be submitted by ALL BIDDERS***
Contractors must submit va lid copies of the Certificates of Reported Compliance for their fleet and the fleet of its listed subcontractors involving the operation of self -propelled off-road diesel vehicles 25 horsepower or greater and most two -engine vehicles owned and operated in California, included vehicles that are rented or leased.
The undersigned certifies, to the best of their knowledge and belief, that:
valid Certificates of Reported Compliance have been submitted with Contractor’s bid.
valid Certificates of Reported Compliance have not been submitted with Contractor’s bid.
_____________________________________________
Signature of [Contractor’s or Subcontractor’s] Authorized Representative
_____________________________________________
Name & Title of [Contractor’s or Subcontractor’s] Authorized Representative
____________________
Date
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ACCEPTANCE OF CITY OF DEL MAR STANDARD AGREEMENT
***to be submitted by ALL BIDDERS***
1. The Bidder confirms that it accepts the terms and requirements of the City of Del Mar standard agreement (Attachment A):
☐ In its entirety
☐ With the modifications requested below (subject to approval by the City of Del Mar):
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
2. The Bidder acknowledges that the requested modifications are not guaranteed to be approved.
_____________________________________________
Signature of Contractor’s Authorized Representative
_____________________________________________
Name & Title of Contractor’s Authorized Representative
____________________
Date
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BIDDER'S ORGANIZATIONAL INFORMATION
***to be submitted by ALL BIDDERS***
The bidder warrants that it, is duly licensed in the classification in accordance with the Act providing for the registration of Contractors in the State of California, and said License is numbered . The undersigned bidder warrants that he, or it, is duly registered to perform public work pursuant to Section 1725.5 of the Labor Code, and said Registration is numbered _______________.
The Bid is submitted in response to Notice Inviting Bids, attached hereto, and pursu ant to all of the proceedings of the City Council of the City of El Cajon heretofore had and taken to date. The names of all persons, firms and corporations interested in the foregoing bid as principals are as follows: (If an individual, so state. If a firm or co-partnership, state the firm name and give names of all individual co -partners comprising the firm. If a corporation, state the legal name of the corporation, also name the president, secretary, treasurer and manager thereof.)
The person executing this Bid/Proposal/Agreement on behalf of _________________________________________________, the Bidder, hereby represents (FIRM NAME)
that they are lawfully able to enter into contracts and are authorized to sign this Bid/Proposal/Agreement and bind the entity (firm) on whose behalf they are proposing this Bid/Proposal/entering into this Agreement. The undersigned are prepared to satisfy the City Council of the City of El Cajon of their ability, financial or otherwise, to perform the proposed work and improvements in accordance with the specifications set forth.
Signature: ______________________________________
Name & Title: ____________________________________________________
Address:
Telephone: E-Mail:
Taxpayer I.D. No.:
Type of Business entity:
Corp□ Partnership□ Individual/Sole Proprietor□
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SAMPLE OF PERFORMANCE BOND
***to be submitted by AWARDED BIDDER***
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the CITY COUNCIL OF THE CITY OF EL CAJON has awarded to , hereinafter designated as "Principal", a
contract for:___________________________________________________________________ together with appurtenance thereto: and
WHEREAS, said PRINCIPAL is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW, THEREFORE, we
, as Principal, and
, as Surety, are held firm ly bound unto the CITY
OF EL CAJON, CALIFORNIA, hereinafter called "Owner", in the penal sum of
($ ), lawful money of the United States of America, for payment of which sum well and truly to 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 Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the said contract and any alteration thereof made as therein provided, all within the time and in the manner therein designated , and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of El Cajon, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to b e performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above names on , 20 .
Principal: Surety:
By By
Note: To be submitted by successful bidder only.
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SAMPLE OF LABOR AND MATERIAL BOND
***to be submitted by AWARDED BIDDER***
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of El Cajon has awarded to , hereinafter designated as "Principal", a contract for:
____________________________________________________________________________ together with appurtenances thereto; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies used in, upon, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW THEREFORE, we,
, as Principal, and
, as Surety, are held and firmly bound unto the CITY OF EL CAJON, CALIFORNIA, hereinafter called "Owner", in the penal sum of
($ ), lawful money of the United States of America, for payment of which sum well and truly to 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 said Principal, his or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or any person who supplies both work and materials therefor, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, then said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and will also pay, in case suit is brought upon this bond, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performe d thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and the Surety above named on , 20 .
Principal: Surety:
By
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SAMPLE OF CERTIFICATION BY CONTRACTOR
***to be submitted by AWARDED BIDDER***
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comp ly with such provisions before commencing the performance of the work on this contract.
DATED:
Contractor
By:
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Section 1861, Labor CodeThe following excerpt from the State of California Public Contract Code shall be included in the terms of any contract subject to this article, as required by the article.
DIVISION 2. GENERAL PROVISIONS
Part 2. Contracting by State Agencies
Chapter 2. State Procurement of Materials, Supplies, Equipment and Services ARTICLE 1.7
MODIFICATIONS; PERFORMANCE; PAYMENT
§ 20104.50. Timely progress payments; legislative intent; interest; payment requests (a) (1) It is the intent of the Legislature in enacting this s ection to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern.
(2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governm ents' outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance.
(b) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
(c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the c ontractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. (d) The number of days available to a local agency to make a payment without incurring interest pursuant to this article shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c). (e) For purposes of this article:
(1) A "local agency" includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part. (2) A "progress payment" includes all payments due contra ctors, except that portion of the final payment designated by the contract as retention earnings. (3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an au dit inquiry by the financial officer of the local agency.
(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article.
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Exhibit 1 – Sample: Certificate of Reported Compliance for the In-Use Off-Road Diesel- Fueled Fleets
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ATTACHMENT A
CITY OF DEL MAR – STANDARD AGREEMENT
AGREEMENT BETWEEN THE CITY OF DEL MAR
AND [NAME OF CONTRACTOR]
FOR STREET SWEEPING SERVICES
This Agreement (“Agreement”) is made and entered into this _____ day of ____________, 2024 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and [Name of Contractor] (“Contractor”) (collectively “Parties”).
WHEREAS, the City desires to employ a qualified firm to provide Street Sweeping Services on City-owned streets and parking lots on a scheduled basis (“Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Contractor is qualified based on their experience and ability and willingness to perform the services desired by City; and
WHEREAS, Contractor will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. SERVICES.
1.1 Scope of Services. The Contractor shall perform the Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Contractor’s cost of, or time required for, completion of the Scope of Serv ices, an equitable adjustment to Contractor’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Contractor and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
1.3. Prevailing Wage Obligation. Contractor is hereby notified that this project is a public work and is subject to State prevailing wages. Pursuant to provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from Director of the Department of Industrial Relations. Current prevailing wage rates and information is available on the Internet at http://www.dir.ca.gov. Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
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Pursuant to the provisions of section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, a sum to be determined by the Labor Commissioner for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement.
All Contractors and sub contractors must be registered with the Department of Industrial Relations, State of California (DIR) prior to submitting a bid on any public works project, pursuant to Labor Code section 1725.5. Quotes from Contractors or subcontractors that are not currently registered as required will be deemed nonresponsive and will not be considered. This project is subject to compliance monitoring and enforcement by the DIR.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) year beginning on July 1, 2022 and ending on June 30, 2025. The agreement may be extended for an additional two (2) year period, upon written approval of both parties.
Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
(Section 2.1 of the City of Del Mar Standard Agreement will not apply to this contract.)
2.2 Delay. Any delay occasioned by causes beyond the control of Contractor may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Contractor shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Services when justified by the circumstances provided that no extension of time shall be g ranted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Contractor be in default of any covenant or condition hereof, City may immediately terminate this Agreement fo r cause if Contractor fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Contractor’s default, City may terminate this Agreement, without cause, by giving written notice to Contractor. Such termination shall be effective upon receipt of the written notice.
Contractor shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Contractor shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Contractor to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Contractor shall be delivered to the City Manager, upon his request, as property of Docusign Envelope ID: 844035BB-67F7-49A3-BF20-7981B559E12C June 17, 2025
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City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Contractor shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” and incorporated herein. Contractor shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Contractor in advance. Contractor acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, reque st additional services of Contractor. Should such additional services be required, Compensation therefore shall be paid to the Contractor in accordance with Fee Schedule contained in Exhibit “B.” City and Contractor shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Contractor is, for all purposes arising out of this Agreement, an independent Contractor. The Contractor has and shall retain the right to exercise full control and supervision of all persons assisting the Contractor in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Contractor nor Contractor’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefi ts, Contractor being solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Contractor agrees that it has the fi nancial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to b y an experienced and competent Contractor using the degree of care and skill ordinarily exercised by reputable Contractors practicing in the same field of service in the State of California. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Contractor and all of Contractor’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Contractor shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Contractor shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Contractor shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sec tions are binding upon all subcontractors.
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8. CONFIDENTIALITY. All services performed by Contractor, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Contractor, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Contractor, at the time that it was disclosed to Contractor by the City, (b) subsequently becomes publicly known through no act or omission of Contractor or (c) otherwise becomes known to Contractor other than through disclosure by the City. Except for any sub contractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpos e of this section is to prevent disclosure of City’s confidential and proprietary information by Contractor or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Contractor shall at all times comply with all federal, state and local conflict of interest laws , regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code § 87103. Contractor represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Contractor shall comply with all of the reporting requirements of the Political Reform Act. The Contractor shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Contractor is subject to a conflict of interest code, if applicable. The Contractor shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Contractor was subject to a conflict of interest code.
9.3 If, in performing the Services set forth in this Agreement, the Contractor makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Contractor shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Contractor’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Contractor under this Agreement shall be considered the property of City. Contractor shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney -client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that wo rk by the Docusign Envelope ID: 844035BB-67F7-49A3-BF20-7981B559E12C June 17, 2025
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Contractor, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless oth erwise approved in writing by the City’s Risk Manager.
11.2 Contractor’s liabilities, including but not limited to Contractor’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non -renewal of the policy or policies. Maintenanc e of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Contractor shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Contractor's automobiles including owned, hired and non -owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equiv alent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Contractor's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.4 Deductibles and Self -Insured Retentions. Any deductibles or self - insured retentions are the responsibility of the Contractor and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
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11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Contractor agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Contractor, its employees, agents, and subcontractors performance of services under this Agreement. Contractor’s duty to indemnify under this sectio n shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employe es. Contractor's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Contractor under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Contractor provides City with reasonable assurances of pro tection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.3 Contractor agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Contractor, its officers, agents, representatives, employees, sub -Contractors, or anyone for whom Contractor is liable and that an adjudication of Contractor’s liability is not a condition precedent to Contractor's duty to defend.
13. SUBCONTRACTORS.
13.1 The Contractor’s hiring or retaining of third parties (i.e. sub contractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Contractor and its sub contractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.
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required of the Contractor.
13.3 In any dispute between the Contractor and its subcontractors, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Contractor agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Contractor shall not discriminate against any employee or applicant for employment because of race, color, rel igion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Contractor
City of Del Mar ______________
City Clerk ______________
1050 Camino del Mar ______________
Del Mar, CA 92014 ______________
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Contractor’s duties be delegated or sub -contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Contractor or any of Contractor’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Contractor by City. The acceptance or use of any such equipment by Contractor, Contractor’s employees, or subcontractors shall be construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Ag reement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.
Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
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19. COMPLIANCE WITH LAWS. The Contractor shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Contractor shall indemnify and defend the Indemnified Parties from and against any liability incurred du e to any failure on the part of Contractor to comply with any applicable Laws.
To the extent Contractor is required to comply with prevailing wage requirements, Contractor does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Contractor and any subcontractors ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relati ons, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected Contractors and Contractors to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any Contractor or Contractor, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONTRACTOR’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, sub contractors, and Contractors that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Contractor to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be ad vised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreem ent shall not Docusign Envelope ID: 844035BB-67F7-49A3-BF20-7981B559E12C June 17, 2025
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be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortuous conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATE D. All Exhibits referenced in this Ag reement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
[INSERT CONTRACTOR]
By: __________________________________
Name, Title
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
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ATTACHMENT B
CITY OF SOLANA BEACH – INSURANCE REQUIREMENTS
· Commercial General Liability ($2M/occurrence & $4M/aggregate) insurance certificate
1. Additional insured endorsement
2. Primary/noncontributory endorsements
3. Declarations page showing the schedule of endorsements
· Commercial Auto Liability ($1M) insurance certificate
1. Additional insured endorsement
2. Primary/noncontributory endorsements
· Worker’s Compensation ($1M/statute) insurance certificate
1. Waiver of subrogation
· Umbrella or Excess Policy
1. Additional insured endorsement
2. Primary/noncontributory endorsements
3. OR if the policy is follow form to the CGL, the policy showing that it is follow form must be provided
· Please be sure the City is listed as additional insured and the policy number(s) listed on each endorsement and waiver of subrogation.
· IMPORTANT: The specific language below must read on the endorsement pages: “City of Solana Beach, its employees, officers, officials, volunteers and representatives are as additional insured”.
· The policies are primary and non-contributory to any insurance that may be carried by the CITY which must be written within each endorsement.
· In addition, please be sure the insurance coverage(s) meet the minimum dollar amount requirements per the contract.
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ATTACHMENT C
SWEEPING QUANTITY DETAILS
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ATTACHMENT D
CITY OF EL CAJON MAPS AND SCHEDULE
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ATTACHMENT E
CITY OF DEL MAR MAP AND SCHEDULE
City of Del Mar Sweeping schedule:
Updated Street Sweeping Schedule starting October 1, 2023
1st Monday-beginning at 5:30AM to 3:00PM
Posted Area:
•Ocean Ave (first Monday only) – Southbound (8:00am-10:00am) & Northbound
Parking Lots (5:30am-8:00am)
• Public Works @ 2240 Jimmy Durante Blvd
• 17th Street Community Services
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1st and 3rd Monday-beginning at 5:30AM to 3:00PM
Business District (5:30am-8:00am)
• Along Camino Del Mar from 9th Street to 15th Street (5:30AM-9:30AM)
Primary Roads
•Major Arterials Streets: Camino del Mar, Via de la Valle, Carmel Valley Rd.
Jimmy Durante Blvd.
• Curb and gutters
• Right Collection Lanes
• Bike Lanes
Posted Areas
•Stratford Court (4th St-15th St) Southbound (8:00am-10:00am) •Coast Blvd. (17th St. – 23rd St.) Southbound (8:00am-10:00am) •One hundred blocks of 17th, 18th, 19th, 20th, 21st, and 23rd Streets between Ocean Front and Coast Blvd. - North and South side of the streets
1st Wednesday-beginning at 8:00AM to 3:00PM
Center Medians of Major Arterial streets
•Major Arterials streets: Camino del Mar, Via de la Valle, Carmel Valley Rd.
Jimmy Durante Blvd.
1st and 3rd Wednesday-beginning at 8:00AM to 3:00PM
Posted Areas (8:00am – 10:00am)
•Stratford Court (4th St-15th St) Northbound (8:00am-10:00am) •Coast Blvd. (17th St. – 23rd St.) Northbound (8:00am-10:00am)
Center Medians of Coast Blvd.
•Coast Blvd. adjacent to Powerhouse Park
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ATTACHMENT F
CITY OF SOLANA BEACH MAP AND SCHEDULE
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STREET SWEEPING SERVICES FOR THE CITIES OF EL CAJON, DEL MAR, & SOLANA BEACH (006-25), bidding on 05/01/2024 2:00 PM (PDT)
Printed 05/01/2024
PlanetBids
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STREET SWEEPING SERVICES FOR THE CITIES OF EL CAJON, DEL MAR, & SOLANA BEACH (006-25), bidding on 05/01/2024 2:00 PM (PDT)
Printed 05/01/2024
PlanetBids
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STREET SWEEPING SERVICES FOR THE CITIES OF EL CAJON, DEL MAR, & SOLANA BEACH (006-25), bidding on 05/01/2024 2:00 PM (PDT)
Printed 05/01/2024
PlanetBids
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STREET SWEEPING SERVICES FOR THE CITIES OF EL CAJON, DEL MAR, & SOLANA BEACH (006-25), bidding on 05/01/2024 2:00 PM (PDT)
Printed 05/01/2024
PlanetBids
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