Agenda packet — Carson City Council, September 17, 2024 (part 6 of 6)

III. ALTERNATIVES
TAKE another action the City Council deems appropriate, and consistent with the requirements of the law.

IV. BACKGROUND
The City’sroadway infrastructure is approximately 245 centerline miles. The condition of each segment of the City’s roadway infrastructure has been evaluated through the Pavement Management Program (PMP). The PMP determines the condition of each roadway segment with a Pavement Condition Index (PCI) number which equates to the type of treatment a roadway shall have. Based on the data collected in 2021/2022 the City’s pavement system is rated to be in Fair condition, with an average PCI of 56.

Improvements to the roadway have been historically conducted by the Department of Public Works Engineering Division through various street improvement projects as part of the annual Capital Improvement Program (CIP). Aside from the improvements to the roadway pavement, this method included simultaneous repairs of curb and gutter to address any drainage (ponding) issues, as well as driveways and accessible curb ramps.

On August 1, 2023, the City Council adopted Ordinance No. 23-2307 that amended Section 2612 of the Municipal Code which modified the definition of maintenance work as it pertains to resurfacing of streets and highways. The amendment redefined maintenance for resurfacing of streets and highways at up to two inches (2”),rather than less than one inch (1”)as it was previously defined. The increase to the resurfacing depth of the asphalt pavement provides the option to improve the condition of the roadways at an accelerated rate through a maintenance contract rather than the design-bid-build project delivery method commonly employed by the Engineering Division.

The Public Works Operations Division is now charged with the administration and oversight of the Annual Citywide Pavement Maintenance Program which was conceptualized and instituted by the Director of Public Works. This program was created in response to the City Council initiative to make Carson a destination City and promote sustainable and active modes of transportation. This initiative is also in preparation for the City to host international sporting events, most notably the 2028 Olympic and Paralympic Games in which Carson will be one of the Venue cities. To that end, the City Council awarded four annual paving maintenance contracts for each district within the City of Carson.

The accelerated timeline of the Pavement Maintenance Program exceeds the capacity of the current Operations and Maintenance Division staff to manage these multiple contracts.

Similar to the on-call consultants who provide project management services for the various City capital projects, Jakher Inc. works directly with the Operations and Maintenance Superintendent to ensure that the designated streets identified by City staff for pavement maintenance are addressed systematically and all ADA requirements and upgrades are addressed accordingly. Staff recommends Council approve the second amendment to extend the contract term for Jakher Inc. to June 30, 2025, and increase the total contract amount to $148,000 to allow for the consultant to continue to provide project management CITY OF CARSON Printed on 9/10/2024Page 2 of 3
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2 File #: 2024-0751, Version: 1
amount to $148,000 to allow for the consultant to continue to provide project management services for the City’s various pavement maintenance projects.

V. FISCAL IMPACT
Per Article II, Chapter 9.5 of the City’sMunicipal Code, any budget transfer within the same City department may be approved by the City Manager, except those transfers involving personnel-related funds. Should the City Council approve staff’s recommendation, a budget transfer will be submitted to the City Manager’sOffice, requesting the $74,000.00 needed for this contract amendment be transferred to PW Roadway Maintenance Professional Services Account No. 101-80-840-281-6004 from the following account:
· PW Median Maint Supplies Account 101-80-840-108-6009 ($74,000) VI. EXHIBITS

1. Contract Services Agreement with Jakher Inc. (pgs. 4-22)

2. Jakher Inc. Amendment 1 (pgs. 23-29)

3. Jakher Inc. Amendment 2 Draft (pgs. 30-34)
Prepared by: Dr. Arlington Rodgers, Jr., Director of Public Works CITY OF CARSON Printed on 9/10/2024Page 3 of 3
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3 Exhibit 1
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22 Exhibit 2
23 24
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01007.0006/1009102.1
AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment No. 2”) by and between the City of Carson , a California municipal corporation (“City”) and Jakher Inc., a California corporation (“Consultant”) is effective as of the 17th day of September, 2024. City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECIT
ALS
A. Ci
ty and Con sultant entered into that certain Agreement for Contractual Services dated January 22, 2024 ( “Agreement”) whereby Consul tant agreed to provide on call services including analysis of ADA deficiencies within the City, for a not to exceed cost of $24,500. The term of the Agreement is set to expire January 21, 2025.

B. Having severely underestimated the amount of work City would need Consultant to provide under the Agreement, the Parties entered into an amendment to the Agreement dated July 17, 2024 (“Amendment No. 1”) to increase the not to exceed contract sum by $49,500 to allow Consultant to provide City the on call services, thereby increasing the Contract Sum to $74,000.

C. City and Consultant now desire to amend the Agreement to (i) extend the term from January 21, 2025 to June 30, 2025 and (ii) increase the not to exceed contract sum by another $74,000 to allow Consultant to continue to provide City the on call services during the extended period, thereby increasing the Contract Sum to $148,000.

TERMS

1. C ontract Changes. The Agreement is amended as provided herein (new text in bold italics and deleted text in strikethrough).

A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows:
“2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Forty Eight Seventy Four Thousand Dollars and Zero Cents ( $148,000.00$74,000.00) (“Contract Sum”).”
B. Section 3.4 (Term) of the Agreement is hereby amended to read in its entirety as follows:

Exhibit 3
30 - 2 -
01007.0006/1009102.1
“3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding no later than June 30, 2025 one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).”

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2 and Amendment No. 1, all provisions of the Agreement, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1 and this Amendment No. 2 to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Amendment No. 1. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. 1. Each party represents and warrants to the other that the Agreement and Amendment No. 1, as amended by this Amendment No. 2, is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment No. 2 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment No. 2.

31 - 3 -
01007.0006/1009102.1
IN W
ITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first-above written.

CITY
:

CITY OF CARSON, a municipal corporation
Lula Davis-Holmes, Mayor
ATTES
T:

Dr. Khaleah K. Bradshaw, City Clerk
APP
ROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[pks; rjl]
CONSULTANT:

JA
KHER INC., a California corporation
By:

Name: Amer Jakher
Title: CEO/Secretary
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 32 01007.0006/1009102.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
COU

NTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n 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 ce
rtify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WI
TNESS my hand and official seal.

Sig
nature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________
TI
TLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FA CT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
S
IGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
____
_______________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 33 01007.0006/1009102.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
C

OUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n 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 c
ertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

W
ITNESS my hand and official seal.

S
ignature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

C ORPORATE OFFICER
_ ______________________________

TITLE(S)

P ARTNER(S) LIMITED

GENERAL

A TTORNEY -IN-FACT

TRUSTEE(S)

G UARDIAN/CONSERVATOR
O THER_______________________________
_ _____________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
_
__________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

File #: Version:

This topic was imported from Granicus. Please See Attachments

Attachments
Agenda ID No.2024-0753.pdf
701 East Carson Street

CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0753, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:

CONSIDER ADOPTING RESOLUTION NO. 24-087, AUTHORIZING THE SUBMITTAL

OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF

CARSON IS ELIGIBLE (CITY COUNCIL)
I. SUMMARY
The California Department of Resources Recycling and Recovery (CalRecycle), administers various grant programs (grants) to reduce, recycle, and reuse solid waste generated in the State of California (State).

In order to be eligible to receive grants, CalRecycle requires the adoption of a resolution by the City Council authorizing submittal and administration of applications for all grants for which the City of Carson is eligible.

Resolution No. 24-087 authorizes the City Manager to submit applications and administer the grant documents (Exhibit No. 1).

II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution No. 24-087, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AUTHORIZING THE

SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF CARSON IS ELIGIBLE.”
III. ALTERNATIVES

1. DO NOT ADOPT Resolution No. 24-087. However, the State of California requires adoption of a resolution authorizing submittal of grant applications.

2. TAKE another action the City Council deems appropriate and consistent with the requirements of the law.

IV. BACKGROUND
The State of California initiated a program through CalRecycle for the reduction, reuse andCITY OF CARSON Printed on 9/10/2024Page 1 of 2 powered by Legistar™
1 File #: 2024-0753, Version: 1
The State of California initiated a program through CalRecycle for the reduction, reuse and recycling of solid waste generated in the State. The goal of CalRecyle is to preserve landfill capacity and protect public health, safety and the environment.

In order to process grant applications, CalRecycle has established procedures governing the application, award, and management of the grants. The procedures require an applicant’s governing body to declare, by resolution, certain authorizations related to the administration of CalRecycle grants.

Resolution No. 24-087 authorizes the submittal of applications to CalRecycle for various grants for which the City of Carson is eligible. Additionally, it authorizes the City Manager to execute all grant documents, including applications, agreements, amendments, and requests for payment, as necessary to secure grant funds and implement the approved grant project.

The resolution also sets the time limit of these authorizations to the maximum allowable time set by CalRecycle, which is five years from the date of adoption of this resolution.

V. FISCAL IMPACT
None.

VI. EXHIBITS

1. Resolution Number 24-087 (pgs. 3-4)
Prepared by: Dr. Arlington Rodgers, Jr., Public Works Director and Robin Wilson, Public Works Programs Administrator
CITY OF CARSON Printed on 9/10/2024Page 2 of 2
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4 CITY OF CARSON

File #: Version:

This topic was imported from Granicus. Please See Attachments

Attachments
Agenda ID No. 2024-0769.pdf
701 East Carson Street

CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0769, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:

CONSIDER APPROVING A CONTINGENCY BUDGET FOR THE AWARDED PUBLIC WORKS AGREEMENT WITH INTERIOR PLUS, INC. FOR CAPITAL IMPROVEMENT PROJECT PW 1731: CITY HALL BASEMENT/EMERGENCY OPERATIONS CENTER

RENOVATION (CITY COUNCIL)
I. SUMMARY
On April 4, 2024, an Invitation for Bids (IFB) was issued via Planet Bids, seeking proposals from qualified firms to provide construction services for the City of Carson basement renovation. Despite the initial absence of bids during the open period which concluded on May 20, 2024, Interior Plus, Inc. submitted a bid later in the day. Following a review of their proposal, Staff determined that Interior Plus, Inc. is a suitable candidate for the construction project. On July 2, 2024, Staff recommended, and City Council approved a Public Works Agreement with Interior Plus, Inc., in the amount not to exceed $3,789,181.16 (Exhibit No. 1).

Staff is requesting for City Council to approve a contingency budget in the amount of $166,000.00 for unforeseen costs related to the project.

II. RECOMMENDATION
APPROVE a contingency budget in the amount of $166,000.00 for the Public Works Agreement with Interior Plus, Inc., a California corporation, for Capital Improvement Project PW 1731: City Hall Basement Renovation for any unforeseen construction cost.

III. ALTERNATIVES
TAKE another action deemed appropriate by the City Council as allowed by law.IV.

BACKGROUND
The City of Carson was awarded American Rescue Plan Act funding to support various projects, one of which is the basement renovation including the Emergency Operation CITY OF CARSON Printed on 9/9/2024Page 1 of 2
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1 File #: 2024-0769, Version: 1
projects, one of which is the basement renovation including the Emergency Operation Center (EOC), as well as administrative office space for the Public Safety & Emergency Services (PS/ES) and the Information Technology and Security (ITS) Departments.

The City recognizes the significance that these areas play in coordinating emergency efforts and has acknowledged the need for the basement renovation improvements. The EOC is designed to support emergency response, business continuity and crisis communication activities. When activated, the EOC is utilized as centralized command and control center where multiple agencies from the region can coordinate fire, law enforcement, emergency medical services and public information for those in need in our community.

When not activated, the EOC will serve as a training facility for emergency preparedness related training. Due to the system’sage and amount of usage, as well as advances in technology, the space and audio/visual capabilities require upgrade. Upon completion, the improvements will provide for a facility that meets the needs for preparing for, responding to, and recovering from natural and man-made disasters.

On April 4, 2024, an Invitation for Bids (IFB) was issued via Planet Bids, seeking proposals from qualified firms to provide construction services for the City of Carson basement renovation. Despite the initial absence of any bids submitted during the open period which concluded on May 20, 2024, at 11am, Interior Plus, Inc. submitted a bid later in the day around 1pm. Following a review of their proposal, city staff determined that Interior Plus, Inc. is a suitable candidate for the construction project. On July 2, 2024, Staff recommended, and City Council approve a Public Works Agreement with Interior Plus, Inc., in the amount not to exceed $3,789,181.16 (Exhibit No. 1) Staff is requesting for City Council to approve a contingency budget in the amount of $166,000.00 for unforeseen costs related to the project.

V. FISCAL IMPACT
If the contingency budget is approved account number 101-99-999-904-6004 Capital Improvement Project PW1731 Basement/Emergency Operations Center Renovation will be used, resulting in no net fiscal impact.

VI. EXHIBITS

1. Public Works Agreement with Interior Plus, Inc.

Prepared by: Nora Garcia, Emergency Services Manager
CITY OF CARSON Printed on 9/9/2024Page 2 of 2
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2 01007.0006/712786.4 1

PUBLIC WO

RKS AGREEMENT

BETWEEN THE CITY OF CARSON AND
INTERIOR PLUS, INC.

THIS PUBL
IC WORKS AGREEMENT (“ Agreement”) is made and entered into this ____ day of _______________, 2024, by and between the City of Carson, a California charter city (“City”) and Interior Plus, Inc., a California corporation (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contrac
tor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant t
o the City of Carson Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parti
es desire to formalize the selection of Contractor for pe rformance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THE
REFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Project No. 1731: City Hall Basement Renovations (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings , Reference Specifications, all app licable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Exhibit No. 1
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Agreement and made part hereof . In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook” ) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Re lations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) R
egistration with DIR . Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) P revailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis -Bacon Act (40 U.S.C. § 3141 et seq. ), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) P enalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) P
ayroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 4 -3-
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(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journe yman and apprentice hours performed under this Agreement.
(g) E
ight- Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) P enalties for Excess Ho urs. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Wo
rkers ’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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1.4 Compliance with Project Labor Agreement
If and to the extent that the work to be performed under this Agreement is within the scope of the City’s Project Labor Agreement , which was fully executed as of March 4, 2020, by and between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions (the “Project Labor Agreement”), City and Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and take precedence over the conflicting provision(s) of this Agreement.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agr eement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.7 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the tim e required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
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(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specificat ions. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is f or more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made f or worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system le ss effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.10 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’ s own 7 -6-
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negligence. Stored materials shall be reasonably accessible for insp ection. Contractor shall not, without City ’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.11 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non- conforming materials incorporated into the work ) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) d ays after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair , remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work . For any work so corrected, Contractor’s obligation hereunder to correct defective wor k shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work .

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work , whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement , to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra w ork may be undertaken unless a written change order is first given by the City’s Director of Public Works or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change 8 -7-
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Orders must be signed by the Contractor and City’s Director of Public Works or City Engineer, or either of their designees, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to the amount of contingency approved by the City Council at the time the Project was awarded to Contractor plus any additional subsequent contingency approved by the City Council , if any, taken either separately or cumulatively, or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees . Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the act ual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) M
aterials and Equipment : The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contrac tor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantit ies of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to s ervices specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 9 -8-
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1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed Three Million Seven Hundred Eighty Nine Thousand One Hundred Eighty One Dollars and Sixteen Cents ($3,789,181.16) (“Contract Sum”) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the p revailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor ’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.
(a) Payments Made b y City . City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth 10 -9-
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in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors . Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.

(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.

(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall ser ve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within eighty (80) working days after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in 11 -10-
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writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the perfor mance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Final Acceptance.

Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.

As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance. 12 -11-
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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor ( “Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Stephen Munoz ___________ President________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under t he exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor ’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’ s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Nora Garcia, Emergency Services Manager, or any other person as may be designated by the City’s Director of Public Works or City Engineer . It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager sha ll have 13 -12-
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authority, if specified in writing by the City’s Director of Public Works or City Engineer , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter i nto this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $ 5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. (c) Wo rkers ’ compensation insurance . Contractor shall maintain Workers ’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) B uilder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming w ork, omission or deficiency in design or specifications; (2) cove rage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ord inance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub- limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment dam aged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, writte n on a C ontractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf ” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly 15 -14-
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excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specif ied minimum limits of insurance and coverage shall be available to City.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) P
roof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers ’ compensation. Insurance certificates and endorsements must be approved by City’ s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) D
uration of C overage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) P
rimary/n oncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’ s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) C
ity ’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Wai
ver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery ag ainst City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
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(g) Enforcement of C ontract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) R equirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) N
otice of C ancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) A
dditional Insured S tatus. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibition of Undisclosed C overage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) S
eparation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer ’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) P ass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor , provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) A
gency ’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor , the City and Contractor may renegotiate Contractor’s compensation.
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(o) Self-Insured Retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) T imely Notice of C laims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor ’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A dditional I nsurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third- party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Payment Bonds.

Concurrently with execution of this Agreement , Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section

2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on the applicable forms provided in Exhibit “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.

5.7 Release of Securities.

City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond 19 -18-
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until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect , copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor ’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein , Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “ documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor ’s guarantee and warranties shall not extend to such use, 20 -19-
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reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such as signment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, a gents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatorie s or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, empl oyee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for document s, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT ; DEFAULT , SUSPENSION AND

TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal 21 -20-
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jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Default of Contractor.

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice t o Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor s hall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.

7.4 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal co nferences, non -binding judicial -supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim ” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for ext ra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is 22 -21-
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not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) S
upporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identif ying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. 23 -22-
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(iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) M
ediation . Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse find ing with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to 24 -23-
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respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If f ollowing the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date tha t Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code clai m is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) C
ivil Actions for Claims of $375,000 or Less . The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act ( Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. 25 -24-
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(iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.5 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.6 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract C ode section 7103.5, i n entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
26 -25-
01007.0006/712786.4

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor ’s perform ance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
27 -26-
01007.0006/712786.4

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Carson, 701 E Carson Street, Carson, California 90745 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change it s address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterpa rts shall together constitute but one and the same Agreement. All signatures on bonds must be originals.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written mo difications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 28 -27-
01007.0006/712786.4

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sect ions 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consider ation, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), o mission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

29 -28-
01007.0006/712786.4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CARSON, a California charter
city
______________________________
Lula Davis-Holmes, Mayor

ATTEST:

Dr. Khaleah R. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_____________________________
Sunny K. Soltani, City Attorney
[rjl]
CONTRACTOR:

INTERIOR PLUS, INC., a California
corporation
*By: _______________________________
Name: Stephen Munoz
Title: President

*By: _______________________________
Name: _____________________________
Title: _____________________________

Address: 12000 Slauson Ave., Suite 20
Santa Fe Springs, CA 90670

*Two corporate offic er signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR ’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 30 01007.0006/712786.4

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 31 01007.0006/712786.4

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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), a nd 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.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

EXHIBIT A
CONTRACTOR’S BID

SEE ATTACHED BID SCHEDULE

33 01007.0006/712786.4

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

None.
34 01007.0006/712786.4

EXHIBIT C

PERFORMANCE BOND
We, Interior Plus, Inc., a California corporation, as Principal, and _________________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of Three Million Seven Hundred Eighty Nine Thousand One Hundred Eighty One Dollars and Sixteen Cents ($3,789,181.16). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties her ein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is re quired to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

35 01007.0006/712786.4
Executed this day of _________, ____.

Seal of Corporation _____________

By:____________________________________
Authorized Representative of Principal

Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]

_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

36 01007.0006/712786.4

EXHIBIT D

PAYMENT BOND

We, Interior Plus, Inc., a California corporation, as Principal, and _________________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of Three Million Seven Hundred E ighty Nine Thousand One Hundred Eighty One Dollars and Sixteen Cents ($3,789,181.16). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq . of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement.

Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or a ddition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

37 01007.0006/712786.4

Executed this _____________ day of ___________, ______.

Seal of Corporation ______________

By:______________________________
Authorized Representative of Principal

Title: __________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) ________________
[name of surety]

_________________________ _____________________________ Name Street Number

_________________________ _____________________________ Street Number City and State

_________________________ _____________________________ City and State Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

38 01007.0006/712786.4

EXHIBIT E

INVOICE FORM

39 CITY OF CARSON

File #: Version:

This topic was imported from Granicus. Please See Attachments

Attachments
Agenda ID No. 2024-0710.pdf
701 East Carson Street

CITY OF CARSON
701 E. Carson St.

File #: 2024-0710, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Discussion
SUBJECT:

CONSIDER AWARD OF CONSTRUCTION CONTRACT TO PUB CONSTRUCTION INC., FOR PROJECT NO.1610: FOISIA PARK IMPROVEMENTS (CITY COUNCIL) I. SUMMARY
Project No. 1610 Foisia Park Improvements is listed in the City’s Capital Improvement Program (CIP). The Invitation for Bids (IFB) No. 24-09 was advertised in the Daily Journal, and through the PlanetBids portal from June 6, 2024 to July 08, 2024. Two (2) firms submitted bids which were opened by the Purchasing Division Manager in the City Clerk’s office and read aloud on July 8, 2024. Environmental Construction, Inc. (ECI) was the apparent lowest responsive and responsible bidder, with a total base bid amount of $9,935,503.46. The second lowest bidder was submitted by PUB Construction, Inc. in the amount of $12,757,062.40.

However, on July 12, 2024, ECI submitted a letter requesting to withdraw bid due to their oversight of two bid items that were miscalculated which underestimated their bid by at least $348,750. The second lowest bidder, PUB Construction Inc., was determined to be responsive responsible bidder.

II. RECOMMENDATION
TAKE the following actions:

1. AWARD a construction contract to the lowest responsive and responsible bidder, PUB Construction Inc., for Project No. 1610: Foisia Park Improvements, in an amount not to exceed $12,757,062.40.

2. AUTHORIZE the Mayor to execute a Construction Contract with PUB Construction Inc., following approval as to form by the City Attorney.

III. ALTERNATIVES

1. DO NOT APPROVE the above recommendations. However, staff will not be able toCITY OF CARSON Printed on 9/11/2024Page 1 of 4 powered by Legistar™
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1. DO NOT APPROVE the above recommendations. However, staff will not be able to proceed with the construction of the project.

2. TAKE another action the City Council deems appropriate, consistent with the requirements of the law.

IV. BACKGROUND
The Foisia Park Improvement, Project No. 1610, involves a new culturally themed community stage area, new picnic/barbeque areas with shade structures, new outdoor exercise stations, new ball field improvement with lighting, new pathway/security lighting, new pedestrian walking/jogging pathways, renovations to the children’s playground, parking lot improvements, new park marquee sign, new irrigation system, and new planting throughout the park (Exhibit No. 1).

Project No. 1610 is listed in the City’s Capital Improvement Program (CIP). Plans, Specifications and Estimate (PS&E) were completed in June 2024. The City released IFB No. 24-09 and the project was advertised for construction bids on PlanetBids and in the Daily Journal from June 6, 2024 to July 08, 2024.

Two bids were received and were opened by the Purchasing Division Manager in the City Clerk’soffice and read aloud on July 8, 2024 (Exhibit No. 2). After reviewing bid documents and checking the bidder’s references, Environmental Construction, Inc. (ECI) was the apparent lowest responsive and responsible bidder with a total bid in the amount of $9,935,503.46.

However, on July 12, 2024, ECI submitted a letter requesting to withdraw their bid due to their oversight of two bid items that they miscalculated which underestimated their bid by at least $348,750 (Exhibit No. 3). After discussions with the Assistant City Attorney, it was concluded that ECI followed the public contract code to legally withdraw their bid without being subject to assessment of any penalty.

The second lowest bidder, PUB Construction Inc., was determined to be responsive and a responsible bidder with a total bid in the amount of $12,757,062.40 (Exhibit No. 4).

The bid results are listed below:

No. Bidder Place of Business Validated Bid
Amount

1. Environmental Construction Inc. Woodland Hills,
CA
$9,935,503.46

2. PUB Construction Inc. Diamond Bar, CA $12,757,062.4
0 It needs to be noted here that PUB Construction Inc.’sbid contained errors in the calculation of its bid amount. While its submitted bid amount was $12,686,864.32, when staff tabulated the subtotals for individual items as submitted by contractor, the actual amount was $13,166,863.52. Moreover, contractor’sbid contained errors in tabulation of the subtotals using unit pricing. Staff rectified all these errors to compute the actual, accurately calculated subtotals, resulting in a total project cost of $12,757,062.40; this is the reason CITY OF CARSON Printed on 9/11/2024Page 2 of 4
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2 File #: 2024-0710, Version: 1
calculated subtotals, resulting in a total project cost of $12,757,062.40; this is the reason PUB Construction Inc.’s bid as submitted is different from the contract amount. City is permitted to make such adjustments because the bid package states “theCity reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received” and “in case of variations between the unit price and the extended total, the unit price will prevail.” PUB Construction Inc., is a licensed contractor by the State of California. The bid bond, in the amount of 10% of the total bid, as supplied by PUB Construction Inc., is in order, and was submitted with the bid. The contractor’sreferences have been checked, and it has been verified that the contractor has completed projects in an acceptable manner.

The approximate timeline of this project is as follows:

Advertise for Construction Bid June 6, 2024
Bid Opening July 8, 2024
Award of Contract September 17, 2024
Contract Execution September 18, 2024
PO Issuance September 23, 2024
Start Construction October 7, 2024
Complete Construction June 2025
The project may experience delay depending on weather conditions and other unknown items and staff may have to adjust the schedule accordingly. Staff requests that the City Council award a construction contract to the lowest responsive and responsible bidder, PUB Construction, Inc., in the amount of $12,757,062.40.

If any unforeseen construction work such as substructure conflicts, lead containing materials removal and disposal, material testing shall arise, resulting in a need to execute change orders, staff will bring the matter to Council and ask for additional funds at that time.

V. FISCAL IMPACT
The total construction bid amount for this improvement project is $12,757,062.40.

The total project cost is included in the FY 2024-2025 CIP budget utilizing CIP-General Fund Account 101-99-999-904-8008.

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3 File #: 2024-0710, Version: 1
VI. EXHIBITS

1. Foisia Park Improvements Concept Plan (pg. 5-9)

2. Bid Registry & Bid Results (pg. 10-12)

3. Environmental Construction Inc., Withdrawal Letter (13-14)

4. PUB Construction Bid (pg. 15-47)

5. Contract (pg. 48-87)
Prepared by: Dr. Arlington Rodgers Jr., Public Works Director and Raymond Velasco, PE, Public Works Operations Manager
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4 EXHIBIT NO. 1
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24-09
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NO.

PW1610
FOSIA
PARK
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IMPROVEMENTS
BID

OPENING
DATE:
07-08-24
TIME:
10:00.4.M.

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PLANET
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10 BID OPENING DATE: 7/8/24
Foisia Park Improvements - Prj No. 1610 Enviormental Construction Inc. License No. 498624 PUB Construction Inc. License No. 788668 ITEM DESCRIPTION QTY UNIT UNIT COST1 ITEM COST1 submitted bid cost1 UNIT COST2 ITEM COST2 submitted bid cost2 1 Bonding, Insurance & Mobilization 1 LS $740,000.00 $740,000.00 $740,000.00 $480,000.00 $480 ,000.00 $480,000.00 2 Survey 1 LS $41,140.00 $41,140.00 $41,140.00 $44,400.00 $44,400. 00 $44,400.00 3 Temporary Fencing 1 LS $72,400.00 $72,400.00 $72,400.00 $9,600.00 $9,600.00 $9,600.00 4 Traffic Control 1 LS $500.00 $500.00 $500.00 $18,000.00 $18,000.00 $18,000 .00 5 Demolition, Removal & Haul 1 LS $449,310.00 $449,310.00 $449,310.00 $588,840.00 $588 ,840.00 $588,840.00 6 Erosion Control 1 LS $30,340.00 $30,340.00 $30,340.00 $12,000.00 $12,000. 00 $12,000.00 7 Grading 1 LS $91,226.50 $91,226.50 $91,226.50 $610,920.00 $610,92 0.00 $610,920.00 8 Drainage 1 LS $17,052.00 $17,052.00 $17,052.00 $240,000.00 $240,00 0.00 $240,000.00 9 Soil Import 57 CY $100.00 $5,700.00 $5,700.00 $600.00 $34,200.00 $34,2 00.00 10 Electrical Upgrades & Switchgear 1 LS $188,805.10 $188,805.10 $188,805.10 $185,377.20 $185 ,377.20 $185,377.20 11 Drinking Fountains 6 EA $7,800.00 $46,800.00 $46,800.00 $11,040.00 $66,240.0 0 $66,240.00 12 Parking Lot Grind Overlay & Slurry Seal 14,385 SF $6 .00 $86,310.00 $86,310.00 $7.50 $107,887.50 $107,887.50 13 Striping Parking Lots 1 LS $6,466.90 $6,466.90 $6,466.90 $7,680.00 $7,680.00 $7, 680.00 14 Curb & Gutter 284 LF $38.00 $10,792.00 $10,792.00 $36.00 $10,224.00 $10, 224.00 15 Concrete Paving “A” (4”, Broom Finish) 23,316 SF $19 .00 $443,004.00 $443,004.00 $15.60 $363,729.60 $363,729. 60 16 Concrete Paving “B” (4”, Broom Finish, 5’ Sawcut Grid) 19,390 SF $19.20 $372,288.00 $372,288.00 $18.00 $349 ,020.00 $349,020.00 17 Concrete Paving “C” (4”, TopCast # 5 Sandblast Fi nish) 10,848 SF $20.00 $216,960.00 $216,960.00 $20.40 $221 ,299.20 $221,299.20 18 Concrete Paving “D” (4”, Integral Colored, TopCas t # 5 Finish) 1,520 SF $23.00 $34,960.00 $34,960.00 $37.2 0 $56,544.00 $56,544.00 19 Elevated Stage, Steps & Ramp 1 LS $81,022.00 $81,022.00 $81,022.00 $157,200.00 $157,20 0.00 $157,200.00 20 Concrete PIP Seatwalls 232 LF $435.00 $100,920.00 $100,920.00 $600.00 $139,200.0 0 $139,200.00 21 Concrete Mow Curb & Under-Fence Header 6,325 LF $22. 00 $139,150.00 $139,150.00 $15.60 $98,670.00 $98,670.00 22 Marquee Monument & Digital Signs 1 LS $122,883.00 $12 2,883.00 $122,883.00 $108,000.00 $108,000.00 $108,000.0 0 23 Site/Area Lighting 1 LS $615,612.80 $615,612.80 $615,612.80 $944,592.00 $944 ,592.00 $944,592.00 24 Musco Ballfield Lighting 1 LS $572,687.50 $572,687.50 $572,687.50 $869,032.00 $869 ,032.00 $869,032.00 25 Poligon Stage Cover Structure 1 EA $310,879.00 $310,879.00 $310,879.00 $420,000.00 $420 ,000.00 $420,000.00 26 Poligon Group Picnic Shade Structure 2 EA $172,265.0 0 $344,530.00 $344,530.00 $114,000.00 $228,000.00 $228,0 00.00 27 Shade Sail Structure 3 EA $115,254.00 $345,762.00 $345,762.00 $114,000.00 $342 ,000.00 $342,000.00 28 Poligon Bleacher Shade Sails 6 EA $58,603.55 $351,621.30 $351,621.30 $79,200.00 $475,2 00.00 $475,200.00 29 Fitness Stations 7 EA $27,571.43 $193,000.01 $193,000.00 $7,680.00 $53,760.00 $53,760.00 30 Ballfield #1 Fencing, Gates, Backstop, Dugouts with Shade, Foul Poles, Fine Grading & Sign 1 LS $491,620.00 $491,620.00 $491,620.00 $800,769.60 $800 ,769.60 $800,769.60 31 Ballfield #2 Fencing, Gates, Backstop, Dugouts with Shade, Foul Pole, Fine Grading & Sign 1 LS $427,620.00 $427,620.00 $427,620.00 $731,622.00 $731 ,622.00 $731,622.00

BID WITHDRAWN
1/2
11 BID OPENING DATE: 7/8/24
Foisia Park Improvements - Prj No. 1610 Enviormental Construction Inc. License No. 498624 PUB Construction Inc. License No. 788668 ITEM DESCRIPTION QTY UNIT UNIT COST1 ITEM COST1 submitted bid cost1 UNIT COST2 ITEM COST2 submitted bid cost2

BID WITHDRAWN
32 Ballfield #3 Fencing, Gates, Backstop, Dugouts with Shade, Fine Grading & Sign 1 LS $350,620.00 $350,620.00 $350,620.00 $578,604.00 $578 ,604.00 $578,604.00 33 Skinned Infield 42,545 SF $1.42 $60,413.90 $60,413.90 $14.40 $612,648.00 $ 612,648.00 34 Dugout Furnishings, (Player Bench & Bat Rack) 6 EA $ 4,200.00 $25,200.00 $25,200.00 $8,640.00 $51,840.00 $51, 840.00 35 Synthetic Turf (In front of Stage) 1,945 SF $92.94 $180,768.30 $180,768.30 $37.20 $72,354.00 $72,354.00 36 Miracle Play Structure & Play Surface 1 LS $482,900. 00 $482,900.00 $482,900.00 $492,000.00 $492,000.00 $492, 000.00 37 Benches 19 EA $1,960.00 $37,240.00 $37,240.00 $1,800.00 $34,200.0 0 $34,200.00 38 8’ Picnic Tables 25 EA $2,500.00 $62,500.00 $62,500.00 $2,400.00 $60,000.0 0 $60,000.00 39 Round Picnic Table (w/ Umbrella Hole) 2 EA $3,500.00 $7,000.00 $7,000.00 $2,640.00 $5,280.00 $5,280.00 40 BBQ Grill 10 EA $4,200.00 $42,000.00 $42,000.00 $2,400.00 $24,000.0 0 $24,000.00 41 Trash Receptacles 22 EA $2,700.00 $59,400.00 $59,400.00 $3,000.00 $66,000.0 0 $66,000.00 42 Irrigation System 1 LS $630,142.00 $630,142.00 $630,142.00 $562,560.00 $562 ,560.00 $562,560.00 43 DG (Turf-Street Sidewalk Buffer) 3,335 SF $9.50 $31,682.50 $31,682.50 $8.40 $28,014.00 $28, 014.00 44 Planting Area Prep & Fine Grading 292,220 SF $0.20 $5 8,444.00 $58,444.00 $0.47 $137,343.40 $136,758.96 45 Soil Prep/Amendments 292,220 SF $0.30 $87,666.00 $87,666.00 $0.36 $105,199.20 $ 105,199.20 46 Turf-Hydroseed 155,990 SF $0.25 $38,997.50 $38,997.50 $1.62 $252,703.80 $ 252,703.80 47 Turf-Sod (Ballfield) 120,050 SF $1.00 $120,050.00 $120,050.00 $2.10 $252,105.0 0 $252,105.00 48 Root Barrier 940 LF $19.00 $17,860.00 $17,860.00 $14.40 $13,536.00 $13, 536.00 49 Trees (36” Box) 34 EA $3,500.00 $119,000.00 $119,000.00 $1,560.00 $53,040 .00 $53,040.00 50 Palm Trees (15’ BTH) 13 EA $3,000.00 $39,000.00 $39,000.00 $4,560.00 $59,280.0 0 $469,680.00 51 Shrubs (1 Gal) 180 EA $18.00 $3,240.00 $3,240.00 $18.00 $3,240.00 $3,240. 00 52 Shrubs (5 Gal) 129 EA $41.00 $5,289.00 $5,289.00 $34.80 $4,489.20 $4,489. 20 53 Shrubs (15 Gal) 256 EA $216.00 $55,296.00 $55,296.00 $148.80 $38,092.80 $3 8,092.80 54 Groundcover (4” Pots) 8,525 SF $1.40 $11,935.00 $11,935.00 $0.74 $6,308.50 $6,342.60 55 Mulch (4” layer) 12,135 SF $3.09 $37,497.15 $37,500.00 $1.00 $12,135.00 $12,086.46 56 120-Day landscape maintenance period 1 LS $19,000.00 $19,000.00 $19,000.00 $46,082.40 $46,082.40 $46,082.40 57 Turn-Over, As-Builts & Close-Out 1 LS $1,000.00 $1,000.00 $1,000.00 $12,000.00 $12,000.00 $ 12,000.00 58 Allowance 1 LS $400,000.00 $400,000.00 $400,000.00 $400,000.00 $400 ,000.00 $400,000.00 $9,935,503.46 $9,935,506.30 $12,757,062.40 $13,166,863.52 VALIDATED AMOUNT -$2.84 VALIDATED AMOUNT -$409,801.12
True calculated bid is Lower than submitted bid True calculated bid is Lower than submitted bid 2/2
12 ENVIRONMENTAL CONSTRUCTION, INC.

General Engineering Contractors
21550 Oxnard Street, Suite #1060
Woodland Hills, CA 91367
818-449-8920
July 12, 2024
City of Carson
701 E. Carson Street
Carson, CA 90745
Attention: Construction Contracts Team Manager
Re
: Foisia Park Improvements Project
P
roject ID No. PW1610
Dear
Construction Contracts Manager:

En
vironmental Construction, Inc. hereby requests relief from its July 8, 2024 bid for the above-noted project due to a clerical error. This request is in accordance with Section 5103 of the Public Contract Code.

A
clerical error was made in applying an incorrect price for Item #36. We intended to include a price of $348,750.00 based on a subcontractor’s pricing. However, due to a clerical mistake in the excel formula, Item #36 was not summed up correctly. Had this clerical error not been made, our total bid would’ve been $10,448,614.30.

P
lease review and approve our request to withdraw this bid proposal. I am available at 818-449-8920 to provide you with additional information.

S
incerely,
F
arid Soroudi
CEO
13 1
From: Aria Soroudi
Sent: Wednesday, July 24, 2024 11:21 AM
To: Raymond Velasco
Subject: FW: ECI Bid Withdrawal | Foisia Park Improvements Project (PW1610) Attachments: Bid Withdrawal Foisia Park Improvements.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Raymond,

Conﬁrming our bid withdrawal for this project due to the clerical error made as outlined in the a ached le
er we sent
over. In addi on, as I men oned on the phone, our listed electrician also indicates they made a clerical error on their end as well.

As such, we are reques ng approval of our request to withdraw our bid proposal.

Aria Soroudi | Vice President

ENVIRONMENTAL CONSTRUCTION, INC.
21550 Oxnard Street, Suite 1060
Woodland Hills, CA 91367

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01007.0006/712786.4 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF CARSON AND
PUB CONSTRUCTION, INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ______________, 2024, by and between the City of Carson, a California charter city (“City”) and PUB Construction, Inc. , a California corporation (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the City of Carson Municipal Code and California state law , City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of th e services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Project No. PW1610: Foisia Park Design and Construction (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City , and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or incorporated therein. The Bid Documents are 48 -2-
01007.0006/712786.4
incorporated into this Agreement and made part hereof . In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( “DIR”) implementing such statutes. The work performed under this Agreement i s subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, an d pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis -Bacon Act (40 U.S.C. § 3141 et seq. ), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions o f Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Re cords. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 49 -3-
01007.0006/712786.4
(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 177 7.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticea ble occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contracto r shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work mor e than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of C ontractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement , Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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01007.0006/712786.4

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessmen ts and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

1.7 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 2 5117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
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01007.0006/712786.4
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazard ous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the p lans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other prov isions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or p rotective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.10 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other c omponents thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City ’s own 52 -6-
01007.0006/712786.4
negligence. Stored materials shall be reasona bly accessible for inspection. Contractor shall not, without City ’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.11 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the work) to be of good quality and free from an y defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non -conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder t o correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said wor k. No such extra work may be undertaken unless a written change order is first given by the City’s Director of Public Works or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and /or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change 53 -7-
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Orders must be signed by the Contractor and City’s Director of Public Works or City Engineer, or either of their designees, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to the amount of contingency approved by the City Council at the time the Project was awarded to Contractor plus any additional subsequent contingency approved by the City Council , if any, taken either separately or cumulatively, or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees . Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; des cription and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor ant icipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 54 -8-
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1.13 CARB Compliance.

For a project involving the use of in -use off-road diesel-fueled vehicles, as defined by 13 CCR 2449, Contractor shall obtain copies of the valid Certificates of Repo rted Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuant to this contract and all listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.

1.14 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions o f Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contrac tor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed Twelve Million Seven Hundred Fifty Seven Thousand Sixty Two Dollars and Forty Cents ($12,757,062.40) (“Contract Sum”) for completion of the work. The Contract Sum reflects the aggregate unit pricing submitted by Contractor as part of its Bid, not Contractor’s actual Bid amount which was $409,801.12 higher than the aggregate unit pricing.

2.2 Invoices.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change. 55 -9-
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2.3 Payment.
(a) Payments Made by City . City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors . Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.

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(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of th e work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shal l make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within One Hundred Sixty (160) working days after receiving a “Notice to Proceed ” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

3.2 Liquidated Damages.

To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination 57 -11-
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shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Final Acceptance.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

Chris Yi _________________ President ________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor ’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any change s in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in 58 -12-
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writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Raymond Velasco, P.E., Public Works Operations Manager, or any other person as may be designated by the City’s Director of Public Works or City Engineer.

It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City’s Director of Public Works or City Engineer , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a sub stantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractor s shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement no r any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unappr oved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $ 5,000,000 per occurrence, $ 10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsem ent CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. (c) Workers’ compensation insurance . Contractor shall maintain Workers ’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty p rovisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding , demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage ins uring any project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
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(e) Pollution Liability Insurance . Contractor shall maintain Environmental Impairment Liability insurance, written on a C ontractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggreg ate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf ” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or t he higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcon tractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers ’ compensation. Insurance certificates and endorsements must be approved by City ’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of th e Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall al so apply on a primary and non - contributory basis for the benefit of City before the City ’s own insurance or self -insurance shall be called upon to protect it as a named insured.
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(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceed s in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancell ation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer ’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 62 -16-
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(m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance co verage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to chan ge the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be consi dered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitat ion reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations conta ined in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or sho uld City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contrac tor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third -party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Payment Bonds.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisf actory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bond s may be changed accordingly up on receipt of written notice from the City’s Risk Manager.

5.7 Release of Securities.
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City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and acces s shall be provided by Contractor ’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law incl uding but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniq ues, or events that may or will materially increase or decrease the cost of the work or services contemplated herein , Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto. 65 -19-
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6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor ’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, an d in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by 66 -20-
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Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT ; DEFAULT , SUSPENSION AND

TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out o f or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Default of Contractor.

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or condition s of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance . In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7.4 Dispute Resolution Process.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for ext ra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise prov ided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. 68 -22-
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(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agr eed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written respons e to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contract or in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the iss ues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the assoc iated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 69 -23-
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(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses . The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims . If following the med iation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been follow ed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor com pletes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less . The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
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(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 114 1.11 of that code. The Civil Discovery Act ( Title 4 (commencing with Section 2016 .010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties , mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.5 Waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.6 Rights and Remedies Are Cumulative.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, i n entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commenc ing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. 71 -25-
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor ’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial i nterest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized a liens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. 72 -26-
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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Carson, 701 E Carson Street, Carson, California 90745 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its addr ess by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

9.4 Counterparts.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts sh all together constitute but one and the same Agreement. All signatures on bonds must be originals.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties . It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifica tions cannot be waived and that any attempted waiver shall be void.
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9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a vali d judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her fi nancial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to a ny third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render th is Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly a uthorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CARSON, a California charter
city

______________________________
Lula Davis-Holmes, Mayor

ATTEST:

Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_____________________________
Sunny K. Soltani, City Attorney
[rjl]
CONTRACTOR:

PUB CONSTRUCTION, INC., a California
corporation

*By: _______________________________
Name: _____________________________
Title: _____________________________

Address: 23545 Palomino Dr., #104
Diamond Bar, CA 91765

*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR ’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 75 01007.0006/712786.4

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n 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.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n 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.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

EXHIBIT A
CONTRACTOR’S BID

78 01007.0006/712786.4 A-2

79 01007.0006/712786.4 A-3

80 01007.0006/712786.4 A-4
The Contract Sum is $12,757,062.40 reflecting the aggregate unit pricing submitted by Contractor as part of its Bid Schedule, not Contractor’s actual Bid amount which was $409,801.12 higher than the aggregate unit pricing.

81 01007.0006/712786.4

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

82 01007.0006/712786.4

EXHIBIT C

PERFORMANCE BOND
We, PUB Construction, Inc. , a California corporation , as Principal, and __________________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein , to the City of Carson (“City”) for payment of the penal sum of Twelve Million Seven Hundred Fifty Seven Thousand Sixty Two Dollars and Forty Cents ($12,757,062.40). City and Principal have entered into an agreement, or are about to enter into the agreeme nt attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Princip al's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obliga tion on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

83 01007.0006/712786.4
Executed this day of _________, ____.

Seal of Corporation _____________

By:____________________________________
Authorized Representative of Principal

Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

84 01007.0006/712786.4

EXHIBIT D

PAYMENT BOND

We, PUB Construction, Inc. , a California corporation , as Principal, and __________________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of Twelve Million Seven Hundre d Fifty Seven Thousand Sixty Two Dollars and Forty Cents ($12,757,062.40). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement.

Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum speci fied above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

85 01007.0006/712786.4

Executed this _____________ day of ___________, ______.

Seal of Corporation ______________

By:______________________________
Authorized Representative of Principal

Title: __________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) ________________
[name of surety]

_________________________ _____________________________ Name Street Number

_________________________ _____________________________ Street Number City and State

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

86 01007.0006/712786.4

EXHIBIT E

INVOICE FORM

87 CITY OF CARSON

File #: Version:

This topic was imported from Granicus. Please See Attachments

Attachments
Agenda Ready Report #2024-0483.pdf
701 East Carson Street

CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0483, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Discussion
SUBJECT:

CONSIDERATION OF ONLY LOCAL UNCONTESTED APPOINTMENTS TO THE CITY’S

COMMISSIONS, COMMITTEES, AND BOARDS, AND CITY AFFILIATED

ORGANIZATIONS BY MAYOR AND CITY COUNCIL AND CONSIDER ALL (CONTESTED AND UNCONTESTED) APPOINTMENTS TO ALL COMMISSIONS

EXCEPT PLANNING COMMISSION AND ENVIRONMENTAL COMMISSION (CITY

COUNCIL)
I. SUMMARY
This item is on the agenda to consider only uncontested appointments of City Commission, Committee, and Board members in accordance with the City Charter, Article VI, by Mayor and City Council. (Exhibit 1)
Also, consider all (contested and uncontested) appointments to all commissions except the Planning Commission and Environmental Commission. Also, consider appointments to City Affiliated Organizations.

Pursuant to Section 602 of the City Charter provides, in part, the mayor and each member of the city council may appoint one member to a position on each City board or City commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.

At the September 3, 2024, City Council meeting, Mayor Davis-Holmes continued this item to a future meeting.

II. RECOMMENDATION
TAKE the following actions:

1. CONSIDER and only APPOINT uncontested members to the City Commissions, Committees, and Boards;

2. CONSIDER and APPOINT all (contested and uncontested) members to all commissions except Planning Commission and Environmental Commission; CITY OF CARSON Printed on 9/10/2024Page 1 of 2
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1 File #: 2024-0483, Version: 1

3. CONSIDER and APPOINT members to City Affiliated Organizations;

4. DIRECT the City Clerk to notify all affected appointments of this action in writing;

5. IF APPLICABLE, DIRECT the City Clerk to post and publish in accordance with the Maddy Act.

III. ALTERNATIVES
N/A
IV. BACKGROUND
Every two years after the municipal election, most Commission and Board appointments expire. As unscheduled vacancies occur and/or members are frequently absent, it is best practice to consider new appointments.

Invitations to submit an appointment application for all interested person(s) were posted in accordance with the Maddy Act. Applications for individuals requesting appointments were previously provided under separate cover to the Mayor and City Council.

V. FISCAL IMPACT
Funds for member stipends are already budgeted for Fiscal Year 2023-2024.

VI. EXHIBITS

1. Local Appointments List (pgs. 1 - 15)
Prepared by: Dr. Khaleah K. Bradshaw, City Clerk and Tomisha Haywood, Records Management Coordinator
CITY OF CARSON Printed on 9/10/2024Page 2 of 2
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2 *
** M
a
Mayor's uncontested
Denotes vacated seat
I. COMMISSIONS
[1] Economic Development Commission
Established by: Ordinance No. 00-1191. §1 (CMC §27104.1); Ordinance No. 21-2108 Membership:

Qualification:

Meetings:

Staff Liaison:

Support Staff:

Appointed Term Expires
Aldridge Jr., Ray (LDH)** 12-06-22 11-30-24
Childers, Christopher (CH) 12-06-22 11-30-24
Embry, Darren (LDH) 04-04-23 11-30-24
Kelley, Blake (LDH) 04-04-23 11-30-24
Jimenez, Trini (AR) 12-06-22 11-30-24
Pandolfo, Katie (JH) 12-06-22 11-30-24
Sparrow, Clyde (LDH) 04-04-23 11-30-24
Wallace, Deborah (LDH) 04-04-23 11-30-24
Watar, Nasser (JD) 04-04-23 11-30-24
Cordova, Ted (LDH) Alt. 1 04-04-23 11-30-24
Ibarra, Victor (LDH) Alt. 2 02-06-24 11-30-24
O'Leary, Danielle (LDH) Alt. 3 02-06-24 11-30-24

CITY OF CARSON

LOCAL APPOINTMENTS LIST FOR

COMMISSIONS, COMMITTEES, AND BOARDS
(Pursuant to Government Code Section 54970 et seq.)
NOTICE IS HEREBY GIVEN that the current terms for the following Commissioners, Committee and Board Members will expire as indicated for the respective bodies listed. Any interested resident of the City of Carson, California is eligible to serve on any of the below-named commissions, committees, or boards unless otherwise specified. Applications are available at the City Clerk's Office by request at (310) 952-1720.

The following appointed positions may receive compensation John Raymond, Asst. City Mgr x1773; Saied Naaseh, Dir. of Comm. Dev. x1770 Article VI, §602 of the City Charter: To be qualified for appointment, the member shall be a qualified elector of the City, shall be domiciled in the City for at least sixty (60) days immediately preceding their appointment, and shall continue to reside in the City for the duration of his or her tenure, unless otherwise provided by ordinance.

The mayor and each member of the city council may appoint one member to a position on each City board, committee or commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.
9 members; 3 alternates
Shall be and remain a resident of, or have a place of employment or business in the City of Carson, and be at least 18 years of age. Shall include representatives of all major sectors of the Carson business community as determined in the sole discretion of the City Council.

Sandy Solis, Economic Development Commission Secretary x1325 1st Thursday, 8:00 a.m., Executive Conference Room
Agenda Report September 17, 2024 Exhibit 1 13
[2] Environmental Commission*
Established by: Ordinance No. 70-128; §1 (CMC §2750); Ordinance No. 21-2103 Membership:

Qualification:

Meetings:

Staff Liaison:

Support Staff:

Appointed Term Expires
Vacant (JH) 11-30-24
Swayzer, Ezekiel (LDH) *Pending 08-06-24 11-30-24
Hopson, Lillian (LDH)** 12-06-22 11-30-24
Tresvant, Christina (LDH) 07-05-23 11-30-24
Koons, William (JD) 02-07-23 11-30-24
Love, Roye (AR) 12-06-22 11-30-24
Vacant (LDH) 11-30-24
Taylor, Hourie (CH) 12-06-22 11-30-24
Watkins, Freeman (LDH) 04-04-23 11-30-24
Vacant (LDH) Alt. 1 11-30-24
Vacant (LDH) Alt. 2 11-30-24
Vacant (LDH) Alt. 3 11-30-24
[3] Human Relations Commission*
Established by:

Membership: 9 members (7 general, 2 youth); 3 alternates Qualification:

Meetings: 3rd Wednesday, 6:30 p.m., City Manager Conference Room Staff Liaison: Robert Lennox, Asst. City Manager x1728
Support Staff: Cac Le, Council Aide x1722
Appointed Term Expires
Junio, Teresita (LDH)** 02-06-24 11-30-24
Calhoun, Jill (AR) 12-06-22 11-30-24
Davenport, Kimberley (JH) 04-04-23 11-30-24
Keely, Tina (JD) 02-07-23 11-30-24
Ramos, Jessica (LDH) 04-04-23 11-30-24
Reed, Cassandra (CH) 12-06-22 11-30-24
Russ, Harriett (LDH) 04-04-23 11-30-24
Ifeacho, Dr. Chinyere (LDH) Alt. 1 04-04-23 11-30-24
Viernes, Irene (LDH) Alt. 2 04-04-23 11-30-24
Calidonio, Hector (LDH) *Pending Alt. 3 08-08-24 11-30-24 Atkins, GP (LDH) Youth 04-04-23 11-30-24
Lane, K'hari (LDH) Youth 04-04-23 11-30-24
Shall be and remain a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment
Shall be a resident of the City of Carson. Youth members shall be 16-21 years of age, enrolled in school at time of appointment, maintain a 2.0 GPA, shall have interest in human relations.

Ordinance No. 74-294; Ordinance No. 87-812, §1; Ordinance No. 89-883,§1 1st Wednesday, 6:30 p.m. (Executive Conference Room)
Jessica Coria, Division Secretary x1823
9 members; 3 alternates
Reata Kulcsar, Innovation & Sustainability Manager x1312 Agenda Report September 17, 2024 Exhibit 1 24
[4] Parks, Recreation and Cultural Arts Commission*
Established by: Ordinance No. 69-65 (CMC §2735); Ordinance No. 21-2106 Membership: 9 members; 3 alternates
Qualification:

Meetings: Last Thursday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Michael Whittiker Jr., Director of Community Services x3571 Support Staff: Kimberly Madrigal, Administrative Secretary x3581 Appointed Term Expires
Cainglet, Jesus-Alex (CH) 12-06-22 11-30-24
Cortado, Kimberly (JH) 06-20-23 11-30-24
Dahilig Jr., Cesar (LDH) 04-04-23 11-30-24
Lawrence, Shannon (LDH) 06-20-23 11-30-24
Gonzalez, Walter (LDH) 04-04-23 11-30-24
Hilliard, Kisa (JD) 02-07-23 11-30-24
Hunter, Edwina (AR) 12-06-22 11-30-24
Langston, DeAnthony (LDH) 04-04-23 11-30-24
Ramos, Oscar (LDH)** 01-17-23 11-30-24
Brown, Kelvin (LDH) Alt. 1 01-23-24 11-30-24
Johnson, Jo Jacqueline (LDH) Alt. 2 04-04-23 11-30-24
Brillantes, Rudolfo (LDH) Alt. 3 04-04-23 11-30-24
[5] Planning Commission*
Established by: Ordinance No. 13, §1 (CMC §2700); § 606 of the City Charter Membership: 9 members; 3 alternates
Qualification:

Monthly Meeting: 2nd and 4th Tuesday, 6:30 p.m. (City Council Chambers) Staff Liaison: Christopher Palmer, Planning Mgr. x1365; McKina Alexander, Sr. Planner x1326 Support Staff: Laura Gonzalez, Planning Secretary x1328 Appointed Term Expires
Diaz, Louie (JD) 02-07-23 11-30-24
Docdocil, Frederick (LDH)** 12-06-22 11-30-24
Guerra, Carlos (LDH) 04-04-23 11-30-24
Hernandez, Richard (AR) 12-06-22 11-30-24
Huff, Del (LDH) 04-04-23 11-30-24
Wilson, Leticia (LDH) 07-16-24 11-30-24
Mfume, DeQuita (LDH) 01-23-24 11-30-24
Johnson, Clarence (JH) 03-19-24 11-30-24
Thomas, Dianne (CH) 12-06-22 11-30-24
Montecarlo, Jaime (LDH) Alt. 1 04-02-24 11-30-24
Vacant (LDH) Alt. 2 11-30-24
Vacant (LDH) Alt. 3 11-30-24
Resident of the City of Carson
Resident of the City of Carson
Agenda Report September 17, 2024 Exhibit 1 35
[6] Public Relations Commission*
Established by: Ordinance No. 01-1239, §2 (CMC §27105.1) Membership: 9 members; 3 alternates
Qualification:

Meetings: 4th Tuesday, 12:00 p.m. (City Manager Conference Room) Staff Liaison: Margie Revilla-Garcia, Public Information Manager x1741 Support Staff: Christine Foisia, Senior Clerk x1740
Appointed Term Expires
Eatman, Sonya (LDH) Community Representative 04-04-23 11-30-24 Gomez, Freddie (LDH)** Community Representative 12-06-22 11-30-24 Stewart, Linda (LDH) Community Representative 04-04-23 11-30-24 Vacant (AR) Community Representative 11-30-24
Ross, Dorothy (JD) Public Relations Specialist 02-07-23 11-30-24 Nunley, Madalyn (LDH) Public Relations Specialist 04-04-23 11-30-24 Pitcher, Pamela (LDH) Public Relations Specialist 04-04-23 11-30-24 Smith, Byron (CH) Public Relations Specialist 03-06-24 11-30-24 Price, Dr. Denice (JH) Public Relations Specialist 04-04-23 11-30-24 Guillory, Rachelle (LDH) Alt. 1 04-04-23 11-30-24
Waddis, Dorcas (LDH) Alt. 2 04-04-23 11-30-24
Lustina, Lilibeth (LDH) Alt. 3 05-16-23 11-30-24
[7] Public Safety Commission*
Established by: Ordinance No. 99-1160 § 1; Ordinance No. 01-1239 § 1 (CMC §27103.6); Ordinance No. 21-2104
Membership: 9 members; 3 alternates
Qualification:

Meetings: 3rd Thursday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Priscilla Palma, Division Secretary x1787 Support Staff: Vacant
Appointed Term Expires
Allen, Jeffrey (LDH) 04-04-23 11-30-24
Arnold, Keith (LDH) 04-04-23 11-30-24
Flinton, Lawrence (AR) 08-06-24 11-30-24
Dacus, Samuel (LDH) 04-04-23 11-30-24
Dorsey, Donnie (CH) 12-06-22 11-30-24
Lewis, Prentiss (JH) 04-04-23 11-30-24
Rivers, Angela (LDH) 04-04-23 11-30-24
Romero, Heidi (LDH)** 12-06-22 11-30-24
Cogut, Louis (JD) 08-06-24 11-30-24
Wilson, Michael (LDH) Alt. 1 05-16-23 11-30-24
Brown, Randy (LDH) Alt. 2 03-06-24 11-30-24
Childs, Aisha (LDH) Alt. 3 04-04-23 11-30-24
Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member’s appointment.

Shall reside or be employed in the City of Carson and be at least eighteen (18) years of age at the time of the member’s appointment.

Agenda Report September 17, 2024 Exhibit 1 46
[8] Public Works Commission*
Established by: Ordinance No. 99-1181 § 2 (CMC § 2798.6) Membership: 9 members; 3 alternates
Qualification:

Meetings: 2nd Monday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Gilbert Marquez, Principle City/Civil Engineer x1813 Support Staff: Taelour C. James, Division Secretary x1801 Appointed Term Expires
Baddeley, Kevin (AR) 12-06-22 11-30-24
Calhoun, James (JD) 02-07-23 11-30-24
Fe'esago, Uli (LDH) 04-04-23 11-30-24
McNichols, Ryan (LDH)** 08-06-24 11-30-24
Howard, Kobii (LDH) 04-04-23 11-30-24
Benson, Melvin (CH) 07-18-23 11-30-24
Nweke, Chike (LDH) 07-16-24 11-30-24
Martin, Jr., Marion (LDH) 09-05-23 11-30-24
Vacant (JH) 11-30-24
Obiora, Emmanuel (LDH) Alt. 1 08-06-24 11-30-24
Cottrell, John (LDH) Alt. 2 04-04-23 11-30-24
Vacant (LDH) Alt. 3 11-30-24
[9] Senior Citizens Advisory Commission*
Established by: Ordinance No. 97-1119, § 1 (CMC § 2799.6) Membership: 11 members; 3 alternates
Qualification:

Meetings: 2nd Monday, 4:00 p.m. (Community Center, Carson/Dominguez room) Staff Liaison: Mike Whittiker Jr., Dir. of Comm. Srvs. x1780; Dani Cook, Human Srvs. Supv. X04/04/2380 Support Staff:

Appointed Term Expires
Graves, Shirley (LDH)** 05-16-23 11-30-24
Lopez, Delia (LDH) 11-21-23 11-30-24
Cole, Daniel (AR) 12-06-22 11-30-24
Dunn, Linda (LDH) 04-04-23 11-30-24
Bates, Billye (LDH) 05-16-23 11-30-24
Patterson, Patricia (LDH) 05-16-23 11-30-24
Ronquillo, Myrna (JD) 02-07-23 11-30-24
Ruiz-Raber, Julie (CH) 12-06-22 11-30-24
Seymore, Dr. Vergie (JH) 04-04-23 11-30-24
Simpson-Lott, Darlene (LDH) 04-04-23 11-30-24
Walker, Itelia (LDH) 04-04-23 11-30-24
Brown, LaRhonda (LDH) Alt. 1 04-02-24 11-30-24
Leverette, Ernestine (LDH) Alt. 2 06-06-23 11-30-24
Davis, Pauline (LDH) Alt. 3 08-06-24 11-30-24
Brenda Reed, Senior Clerk x1775;
Have interest, experience or ability in construction, transportation, traffic, or circulation areas to ensure that traffic, vehicle parking, bikeways, and transportation systems and other City facilities are regulated and constructed in a manner calculated to best provide for the safety and welfare of the public. Shall be and remain a resident of, or have a place of employment or business in, the City of Carson, and be at least eighteen (18) years of age at the time of the member’s appointment.

Resident of the City of Carson and be at least 50 years of age at the time of appointment.

Agenda Report September 17, 2024 Exhibit 1 57
[10] Veterans Affairs Commission*
Established by: Ordinance No. 99-1154, § 1 (CMC § 27102.6) Membership: 11 members; 3 alternates
Qualification:

Meetings: 3rd Monday, 6:00 p.m. (Veterans SportsComplex - Activity Room) Staff Liaison: Kisheen Tulloss, Council Aide x1711
Support Staff: Mikala Multiauaopele, Division Secretary x3557 Appointed Term Expires
Batucal, Arthur (JH) 04-04-23 11-30-24
Boyd, Robert (JD) 02-07-23 11-30-24
Branch, Jr., Roger (LDH) 04-04-23 11-30-24
Da Silva, Manuel (LDH) 04-04-23 11-30-24
Raber, Brian (CH) 12-06-22 11-30-24
Salomon, Emmanuel (LDH) 04-04-23 11-30-24
Galeon, Romeo (LDH)**Pending 08-06-24 11-30-24
Woods, Richard (LDH) 04-04-23 11-30-24
Woods, Thomas (LDH) 04-04-23 11-30-24
Seay, Al (LDH) 11-07-23 11-30-24
Wilvert, Karl (AR) 12-06-22 11-30-24
Vacant (LDH) Alt. 1 11-30-24
Vacant (LDH) Alt. 2 11-30-24
Mosequera, Nemie P. (LDH) Alt. 3 04-04-23 11-30-24
Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member’s appointment.

Agenda Report September 17, 2024 Exhibit 1 68
[11] Women's Issues Commission*
Established by: Ordinance No. 02-1246, § 1 (CMC § 27106.6) Membership: 9 members; 3 alternates
Qualification:

Meetings: 4th Monday, 6:00 p.m. (City Manager Conference Room) Staff Liaison: Ravynne Staine, Council Aide x1733
Support Staff: Vacant
Appointed Term Expires
Dela Cruz-Manio, Connie (LDH) 04-04-23 11-30-24
Fielder, Yolanda (LDH) 04-04-23 11-30-24
Fields-Robinson, Dr. Leandrea (LDH)** 12-06-22 11-30-24 Foster, Carolyn (LDH) 04-04-23 11-30-24
Koons, Fe (JD) 02-07-23 11-30-24
Odom Houze, Susan (JH) 04-04-23 11-30-24
Price, Dr. Greta (AR) 12-06-22 11-30-24
Robinson, Prescious (CH) 12-06-22 11-30-24
Tresvant, Sheila (LDH) 04-04-23 11-30-24
Graves, Keichun (LDH) Alt. 1 06-06-23 11-30-24
Mackson, Monique (LDH) Alt. 2 06-06-23 11-30-24
Johnson, Veronica (LDH) Alt. 3 08-06-24 11-30-24
[12] Youth Commission*
Established by: Ordinance No. 98-1132, § 1 (CMC § 27100.6 ) Membership: 11 members; 3 alternates
Qualification:

Meetings: 2nd Wednesday, 7:00 p.m. (Executive Conference Room) Staff Liaison: Brian Legaspi, Council Aide x1721
Support Staff: Vacant
Appointed Term Expires
Mitchell, Hannah (LDH) 06-06-24 06-30-24
Moore, Joshua (JH) 06-06-24 06-30-24
Redway, Khristopher (LDH) 06-06-24 06-30-24
Estrada, Juan (LDH) 06-06-24 06-30-24
Villasana, Andrea (JD) 07-02-24 06-30-25
Vacant (LDH) 06-30-24
Colson, Lewis (LDH)** 06-06-24 06-30-24
Smith, Zoey (CH) 06-06-24 06-30-24
Williams, Liv (LDH) 06-06-24 06-30-24
Catchings, Erionna (AR) 06-06-24 06-30-24
Vacant (LDH) 06-30-24
Mitchell, Jazcidi (LDH) Alt. 1 06-06-24 06-30-24
Homna, Kayla (LDH) Alt. 2 06-06-24 06-30-24
Macias, Lea (LDH) Alt. 3 06-06-24 06-30-24
Resident of the City of Carson and be at least 13, but not more than 18 years of age at the time of appointment.

Shall be a resident of the City of Carson or work in the City of Carson during their tenure on the Commission and shall be at least eighteen (18) years of age at the time of the member’s appointment.

Agenda Report September 17, 2024 Exhibit 1 79
II. BOARDS & COMMITTEES
[13] Measure C and Measure K Budget Oversight Committee Established by:

Membership: 5 members; 2 alternates
Qualification: Resident of the City of Carson.

Meetings: 2nd Tuesday, 6:30p.m. (Community Center)
Staff Liaison: William Jefferson, Director of Finance x1756 Support Staff: Vicki Hernandez, Senior Clerk x1744
Appointed Term Expires
Dorsey-Reeves, Vera (CH) 04-04-23 11-30-24
Flinton, Lawrence (AR) 01-17-23 11-30-24
Hunter, Cynthia (LDH) 04-04-23 11-30-24
Momoli, Nora (JD) 02-07-23 11-30-24
Vacant (JH) 11-30-24
Addison, Rakeem (LDH) Alt. 1 04-04-23 11-30-24
Vacant (LDH) Alt. 2 11-30-24
[14] Mobilehome Park Rental Review Board*
Established by: Ordinance No. 79-485U, §4702; § 607 of the City Charter Membership:

Qualification:

Meetings: 2nd and 4th Wednesday, 6:30 p.m. (City Council Chambers) Staff Liaison: Tara Matthew, Interim Housing Program Manager x1708 Support Staff: Sandy Solis, Division Secretary x1325
Appointed Term Expires
Roberson, Kendrick (JH) At-large 04-04-23 11-30-24
Valdez, Daniel (JD) At-large 02-07-23 11-30-24
Pulido, Ricardo (AR) At-large 01-17-23 11-30-24
Clark Harris, Dr. Alice (LDH) 04-04-23 11-30-24
Muhammad, Nafis (LDH) 04-04-23 11-30-24
Perez, Karey (LDH) 04-04-23 11-30-24
Hayes, Phyllis (LDH) 04-04-23 11-30-24
Dzikowski, Barbara (LDH) Park owner 04-04-23 11-30-24
Forbath, Susy (LDH) Park owner 04-04-23 11-30-24
Horton, Maria (LDH) Park owner Alt. [1] 04-04-23 11-30-24 Trueblood, William (LDH) Park owner Alt. [2] 04-04-23 11-30-24 Gonzalez, Leonor (LDH)** Resident homeowner 11-21-23 11-30-24 King, Tom (CH) Resident homeowner 01-17-23 11-30-24
Davis, William (LDH) Resident homeowner Alt. [1] 04-04-23 11-30-24 Richardson, Sheila (LDH) Resident homeowner Alt. [2] 08-08-24 11-30-24 At-large Alt. [1]
At-large Alt. [2]
At-large Alt. [3]
Ordinance No. 09-1423 (CMC §61119); Amended by Resolution No. 19-027; Amended by Resolution No. 21-030
At-large Alt. [4]
See membership.
7 members (2 resident homeowners, 2 park owners, 3 at-large who are residents of the City and not homeowners, park owners, landlords, property managers or tenants in multifamily housing); 8 alternates (2 resident homeowners, 2 park owners, 4 at-large) Article VI, §602 of the City Charter: To be qualified for appointment, the member shall be a qualified elector of the City, shall be domiciled in the City for at least sixty (60) days immediately preceding their appointment, and shall continue to reside in the City for the duration of his or her tenure, unless otherwise provided by ordinance.

Agenda Report September 17, 2024 Exhibit 1 810
[15] Relocation Appeals Board
Established by: Ordinance No. 74-313 (CMC § 21004)
Membership: 9 members; 3 alternates
Qualification: Resident of the City of Carson.

Meetings: Only when necessary
Staff Liaison:

Support Staff: Sandy Solis, Economic Development Liaison x1325 Appointed Term Expires
Batucal, Dennis (LDH) 04-04-23 11-30-24
Evans, Linda (LDH) 04-04-23 11-30-24
Tate, Dorothy (LDH)** 01-23-24 11-30-24
Guray, Jr., Tancredo "Jun" (JD) 02-07-23 11-30-24
Hemphill, Dr. Afia (LDH) 04-04-23 11-30-24
Anson, Jr., Oscar (LDH) 01-23-24 11-30-24
Vacant (CH) 11-30-24
[Vacant] (JH) 11-30-24
Vacant (AR) 11-30-24
Vacant (LDH) Alt. 1 11-30-24
Vacant (LDH) Alt. 2 11-30-24
Vacant (LDH) Alt. 3 11-30-24
Saied Naaseh, Director of Community Development x1770
Agenda Report September 17, 2024 Exhibit 1 911
III. SPECIAL COMMITTEE
[16] General Plan Advisory Committee
Established by Minute Action 10-03-17; Amended by Resolution No. 19-029; Amended by Resolution No. 21-031 Membership: 7 members; 2 alternates
Meetings: Only when necessary
Staff Liaison: McKina Alexander, Senior Planner x1326
Support Staff: Planning Technician x1327
Appointed Term Expires
Mayor Lula Davis-Holmes (LDH) 04-04-23 11-30-24
Councilmember Jim Dear (JD) 04-04-23 11-30-24
Brimmer, Charlotte (LDH)** 04-04-23 11-30-24
Dudley-Kimble, Monica (CH) 04-04-23 11-30-24
Gonzalez, Leonor (AR) 04-04-23 11-30-24
Hamilton, Dr. John (JH) 04-04-23 11-30-24
Sheriff Department Representative (LDH) 04-04-23 11-30-24 Cottrell-Fulbright, Lisa (LDH) Alt. 1 04-04-23 11-30-24 Lott, Aminika (LDH) Alt. 2 04-04-23 11-30-24
IV. SPECIAL BOARD
[17] Carson Reclamation Joint Powers Authority (CRJPA)
Established by Resolution No. 15-01-CRJPA; Resolution No. 21-02-CRJPA Membership: 5 members
Meetings: 1st Monday, 4:00 p.m. (Helen Kawagoe Council Chambers) Staff Liaison: John Raymond, Executive Director x1773
Support Staff: Sylvia Rubio, Executive Assistant x1318
Appointed Term Expires
Authority Chair Lula Davis-Holmes 06-07-21 06-07-26
Vice Chair Cedric Hicks 06-07-21 06-07-26
Board Member Ray Aldridge, Jr. 01-26-21 01-26-26
Board Member Lillian Hopson 01-21-21 01-21-26
Board Member Dianne Thomas 01-21-21 01-21-26
Agenda Report September 17, 2024 Exhibit 1 1012
V. COUNCIL SUB-COMMITTEES
[18] Bingo/Fireworks/Refuse Ad Hoc Committee
Established by Minute Order 04-02-19
Appointed
Mayor Davis-Holmes 04-06-21
Councilmember Dear 04-06-21
[19] Community Development/Housing/Logistics & Transit Standing Committee Established by Minute Order 04-02-19
Appointed
Mayor Davis-Holmes 06-01-21
Councilmember Dear 06-01-21
[20] Dignity Health Sports Park/CSUDH/Community Center Standing Committee Established by Minute Order 04-02-19
Appointed
Councilmember Hicks 06-01-21
Mayor Pro Tempore Hilton 06-01-21
[21] Legislative Ad Hoc Committee
Established by Minute Order 02-16-21
Appointed
Mayor Davis-Holmes 07-16-24
Councilmember Hicks 07-16-24
[22] City Hall/Community Center Renovation Ad Hoc Committee Established by Minute Order 01-26-21
Appointed
Mayor Davis-Holmes 01-26-21
Mayor Pro Tempore Hilton 01-26-21
[23] Economic Development/E-Commerce Ad Hoc Committee
Establised by Minute Order 03-02-21
Appointed
Mayor Davis-Holmes 03-02-21
Councilmember Hicks 03-02-21
[24] Conditional Use Permit Ad Hoc Committee
Established by Minute Order 04-05-22
Appointed
Mayor Davis-Holmes 04-05-22
Mayor Pro Tempore Hilton 04-05-22
Agenda Report September 17, 2024 Exhibit 1 1113
[25] Short Term Rentals Ad Hoc Committee
Established by Minute Order 03-02-21
Appointed
Mayor Davis-HolmesCouncilmember Hicks 03-02-21
Mayor Pro Tempore Hilton 03-02-21
[26] Housing Ad Hoc Committee
Established by Minute Order 03-16-21
Appointed
Mayor Davis-Holmes 03-16-21
Councilmember HiltonCouncilmember Dear 03-16-21
[27] Diversity, Equity and Inclusion Ad Hoc Committee
Established by Minute Order 09-07-21
Appointed
Mayor Pro Tempore Hilton 09-07-21
Councilmember Rojas 03-01-22
[28] Standard Management Procedures and Special Events Ad Hoc Committee Established by Minute Order 01-04-22
Appointed
Mayor Davis-Holmes 01-04-22
Mayor Pro Tempore Hilton 01-04-22
[29] Cell 2 Settlement Ad Hoc Committee
Established by Minute Order 02-07-22 (Carson Reclamation Authority) Appointed
Mayor Davis-HolmesAuthority Chair Lula Davis-Holmes 02-07-22 Mayor Pro Tempore HiltonBoard Member Dianne Thomas 02-07-22 [30] School Safety Ad Hoc Committee
Established by Minute Order 02-15-22
Appointed
Mayor Pro Tempore Hilton 02-15-22
Councilmember Rojas 02-15-22
Captain Jones/Lieutenant Bolder 02-15-22
[31] Carson Finance and Audit Committee
Established by Minute Order 06-20-23
Appointed
Mayor Davis-Holmes 06-20-23
Councilmember Rojas 06-20-23
[32] Short-Term Rentals Ad Hoc Committee
Established by Minute Order 10-03-23
Appointed
Mayor Davis-Holmes 10-03-23
Mayor Pro Tempore Hilton 10-03-23
[33] No Bail Policy Ad Hoc Committee
Established by Minute Order 10-03-23
Appointed
Mayor Pro Tempore Hilton 10-03-23
Councilmember Rojas 10-03-23
City Attorney Soltani 10-03-23
Agenda Report September 17, 2024 Exhibit 1 1214
[34] Special Event Ad Hoc Committee
Established by Minute Order 06-06-24
Appointed
Mayor Davis-Holmes 06-06-24
Mayor Pro Tempore Dr. Hilton 06-06-24
[35] LA '28 Olympics Ad Hoc Committee
Established by Minute Order 07-16-24
Appointed
Mayor Davis-Holmes 07-16-24
Mayor Pro Tempore Dr. Hilton 07-16-24
VI. CITY AFFILIATED ORGANIZATIONS
[36] California Contract Cities Association
Appointed
Councilmember Dear Delegate 04-06-21
Councilmember Hicks Alt. 04-06-21
[37]
Appointed
Councilmember Hicks Delegate 11-15-22
Councilmember Dear Alt. 1 11-15-22
Staff Member Reata Kulcsar Alt. 2 11-15-22
[38] County of Los Angeles Public Library Commission
Appointed
Councilmember Dear Delegate 05-13-20
[39]
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Dear Alt. 01-26-21
[40]
Appointed Term Expires
Councilmember Dear Delegate 01-26-21 01-05-26
(effective 01-03-22)
Ord. No. 17-1633; LACCE Joint Powers Agreement (Authority) Clean Power Alliance
The District’s governing power is vested in its 35 members of the Board of Trustees. One trustee is appointed by each of the 34 cities and the County Board of Supervisors appoints one to represent unincorporated areas of Los Angeles County.

To be appointed, the member must reside in and be a resident voter of the representative city (or county for county member) in the District. Board member duties and responsibilities include setting policy, establishing the budget, approving expenditures, and retaining legal counsel. The vector Trustee appointment and term are governed by the State Health and Safety Code and begin and end on the first Monday in January. Additionally, the State Health and Safety Code does not allow for alternate members to be appointed.

Greater Los Angeles County Vector Control District (Formerly SE Mosquito Abatement)* Automatic designation of Mayor as Delegate per Health and Safety Code Section 4730. City Council as governing body, must select an alternate to act in place of presiding officer (Mayor) in absence, inability, or refusal to act.

County Sanitation Districts of Los Angeles (Dist. No. 8)* Agenda Report September 17, 2024 Exhibit 1 1315
[41] L.A. County City Selection Committee
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Mayor Pro Tempore Hilton Alt. 01-23-24
[42] League of California Cities
Appointed
Councilmember Rojas Delegate 03-01-22
Mayor Pro Tempore Hilton Alt. 1 01-26-21
Councilmember Dear Alt. 2 01-26-21
[43] League of California Cities (Los Angeles Co. Division) Appointed
Councilmember Dear Delegate 01-26-21
Mayor Pro Tempore Hilton Alt. 1 01-26-21
Councilmember Rojas Alt. 2 03-01-22
Per Government Code Section 50270, the membership of each such City Selection Committee shall consist of the Mayor of each city within the county. Members of the LA County City Selection Committee include the Mayor of each city within Los Angeles County. Each city appoints an elected official as a delegate to the City Selection Committee; it usually is the Mayor. The term of office for each Member of the LA County City Selection Committee coincides with City Mayor terms, and the Committee meets three or four times a year, at the call of the Chairman. Their duties are to appoint City representatives to such Boards, Commissions and Agencies as may be required by law, i.e., LAFCO, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission. Nominations for the City Selection Committee appointees to the MTA are made by the Sector Subcommittees for the Sectors whose representatives’ terms are expiring. The cities assigned to one of the four regions in Los Angeles County. Nominations for the City Selection Committee appointees to the MTA are made by the Sector Subcommittees for the Sectors whose representatives’ terms are expiring. The cities assigned to one of the four regions in Los Angeles County (North County/San Fernando Valley, San Gabriel Valley, Southeast Long Beach and Southwest Corridor) shall meet as a Sector Subcommittee. Each candidate with a majority weighted vote will then be nominated from that Sector for consideration for appointment to the MTA.

Agenda Report September 17, 2024 Exhibit 1 1416
[44] National League of Cities
Appointed
Councilmember Hicks Delegate 01-26-21
Mayor Pro Tempore Hilton Alt. 1 01-26-21
Councilmember Dear Alt. 2 01-26-21
[45] South Bay Cities Council of Govts (Joint Powers Authority) Appointed
Councilmember Hicks Delegate 01-26-21
Councilmember Dear Alt. 01-26-21
[46] South Bay Workforce Investment Board
Appointed Term Expires
Ted Cordova Member 06-18-24 06-30-28
Jeffrey Jennison Member 06-18-24 06-30-28
Janice Jimenez Member 07-01-21 06-30-25
Tamala Lewis Member 07-01-19 06-30-23
Tami Lorenzen-Fanselow Member 07-01-19 06-30-23
[47] Southern California Association of Governments (SCAG) Appointed
Mayor Pro Tempore Hilton Delegate 01-26-21
Mayor Davis-Holmes Alt. 1 01-26-21
Councilmember Dear Alt. 2 01-26-21
[48] U.S. Conference of Mayors
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Rojas Alt. 1 03-01-22
Councilmember Hicks Alt. 2 01-26-21
[49] West Basin Water Association
Appointed
Councilmember Dear Delegate 01-26-21
Councilmember Hicks Alt. 01-26-21
[50] LGBTQ+ Ad Hoc Committee
Established by Minute Order 11-01-22
Appointed
Mayor Pro Tempore Hilton 11-01-22
Councilmember Rojas 11-01-22
Mayor Davis-Holmes Alternate
[51] Grocery Store Ad Hoc Committee
Established by Minute Order 06-18-24
Appointed
Mayor Pro Tempore Hilton Member 06-18-24
Councilmember Hicks Member 06-18-24
Agenda Report September 17, 2024 Exhibit 1 1517

Carson City CouncilSeptember 17, 2024

Carson City Council
September 17, 2024