** Revised **
CITY OF CARSONHOUSING AUTHORITY/SUCCESSOR AGENCY/PUBLIC FINANCING AUTHORITY/CITY COUNCIL AGENDA Lula Davis-Holmes, Mayor
Jawane Hilton, District 1 Councilmember Cedric L. Hicks, Sr., Mayor Pro Tem District 3 Councilmember Jim Dear, District 2 Councilmember Arleen Bocatija Rojas, District 4 Councilmember Dr. Khaleah Bradshaw, City Clerk Monica Cooper, City Treasurer “In accordance with the Americans with Disabilities Act of 1990, if you require a disability related modificationor accommodation to attend or participate in this meeting, including auxiliary aids or services, please call theCity Clerk’s office at 310-952-1720 at least 48 hours prior to the meeting.” (Government Code Section 54954.2)
PUBLIC INFORMATION
The public may address the members of the City Council on any matters within the jurisdiction of the CityCouncil or on any items on the agenda of the City Council during the designated public comment periods.There will be two Oral Communication sessions: one for Agendized Items (comment about items ON theagenda) and the other for non-Agendized items (comment about items NOT on the Agenda). The OralCommunications portion of the agenda is limited to a duration of one hour unless otherwise approved by theCity Council. Comment time is normally 3 minutes depending on the number of speakers.
PUBLIC VIEWING AVAILABLE BY:
Livestream on the City’s website: The meeting will be streamed live over the i n t e r n e t v i a : w w w. c a r s o n c a . g o v o r o n Y o u t u b e : www.youtube.com/c/CityofCarsonCaliforniaOfficialYouTubePage Cable TV: Spectrum (Channel 35) and ATT (Channel 99)
IF YOU ARE NOT ABLE TO ATTEND THE MEETING IN-PERSON, PUBLIC COMMENTS CAN BE SUBMITTEDBEFORE THE MEETING AT/VIA:
Email: Public comments can be emailed to [email protected]. The cut-off time to submit any emailcommunications is 3:00 p.m. on the day of the meeting.
Written: Written comments can be dropped off at the City Clerk’s Office at City Hall. The cut-off time tosubmit any written communications is 3:00 p.m. on the day of the meeting. Written comments dropped off atthe City Clerk’s Office or any email received will not be read aloud at Council Meeting but will be circulatedto the City Council and incorporated into the record.
CALL TO ORDER: CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY TUESDAY, JUNE 17, 2025
ROLL CALL (CITY CLERK)
FLAG SALUTE
INVOCATION (Item 1)
1. PASTOR JOHN SHOBER FROM CARSON HOPE COMMUNITY CHURCH CLOSED SESSION (Items 2-4)
TUESDAY, JUNE 17, 2025701 East Carson StreetCity Hall5:00 PM
REPORT ON ANY PUBLIC COMMENTS ON CLOSED SESSION ITEMS (CITY CLERK)
ANNOUNCEMENT OF CLOSED SESSION ITEMS (CITY ATTORNEY)
RECESS INTO CLOSED SESSION UNTIL 6:00 P.M. OR UNTIL THE END OF CLOSED SESSION,
WHICHEVER OCCURS FIRST
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(2) or (d)(3) and (e)(1), because there is a significant exposure to litigation in 2 case(s)
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City of Carson is a party. The titles of such litigations are as follows: CAM-Carson, LLC v. Carson Reclamation Authority, City of Carson and Successor Agency to the Carson Redevelopment Agency, Los Angeles Superior Court Case No. 20STCV16461.
4. CONFERENCE WITH LABOR NEGOTIATOR (CITY COUNCIL)
— A closed session will be held, pursuant to Government Code 54957.6, with City Manager, Assistant City Manager, and Human Resources Officer, its negotiators(s), regarding labor negotiations with Service Employees International Union (SEIU 721) AME and CPSA, and American Federation of State, County and Municipal Employees (AFSCME Local 809) Part-time.
RULES OF DECORUM:
1. No person attending a Public Meeting shall engage in disorderly or boisterous conduct, including but not limited to applause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance-that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.
2. All remarks by members of the public shall be addressed to the Mayor or the Chair and not to any other member of the public or to any single Council, Board or Commission Member unless in response to a question from that Member.
3. Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting.
4. All persons attending a Public Meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.
5. All persons attending a Public Meeting shall obey any lawful order of the Presiding Officer to enforce the Rules of Decorum.
• Treat everyone courteously
• Listen to others respectfully
• Exercise self-control
• Give open-minded consideration to all viewpoints
• Focus on the issues and avoid personalizing debate
• Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and rolls for forging sound decisions RECONVENE TO OPEN SESSION AT 6:00 P.M. OR AT THE END OF CLOSED SESSION,
WHICHEVER OCCURS FIRST
REPORT ON CLOSED SESSION ACTIONS (CITY ATTORNEY)
INTRODUCTIONS (MAYOR) (Item 5)
5. REPORT FROM CAPTAIN NORMAN OF CARSON SHERIFF'S STATION PRESENTATIONS (Items 6 -7)
6. PROCLAMATION RECOGNIZING JUNE 23RD AS INTERNATIONAL OLYMPIC DAY
7. CERTIFICATE OF RECOGNITION TO USA FOOTBALL SUMMER SERIES PRESENTED BY UNDER ARMOUR
ORAL COMMUNICATIONS FOR MATTERS LISTED ON THE AGENDA (MEMBERS OF THE
PUBLIC) (LIMITED TO ONE HOUR)
The public may address the members of the City Council/Housing Authority/Successor Agency on any matters within the jurisdiction of the City Council/Housing Authority/Successor Agency or on any items on the agenda of the City Council/Housing Authority/Successor Agency, other than closed session matters, prior to any action taken on the agenda. Speakers are limited to no morethan three minutes, speaking once. Oral communications will be limited to one (1) hour unless extended by order of the Mayor with approval of the City Council.
APPROVAL OF MINUTES (Item 8)
8. APPROVAL OF THE FOLLOWING CARSON CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MEETING MINUTES - JUNE 3, 2025 (REGULAR)
RECOMMENDED ACTION
— 1. APPROVE the minutes as listed.
CONSENT (Items 9 - 28)
ANY ITEM OR ITEMS MAY BE REMOVED FOR DISCUSSION
These items are considered to be routine items of business and have, therefore, been placed on the CONSENT CALENDAR. For items remaining on the CONSENT CALENDAR, a single motion to ADOPT the recommended action is in order.
9. CONSIDER MONTHLY INVESTMENT AND CASH REPORT FOR THE CITY OF CARSON, CARSON HOUSING AUTHORITY, CARSON SUCCESSOR AGENCY-MONTH ENDING MAY 31, 2025 (CITY
COUNCIL)
RECOMMENDED ACTION
— 1. RECEIVE and FILE.
10. CONSIDER ADOPTING RESOLUTION NO. 25-074, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $4,253,335.67, DEMAND CHECK NUMBERS 179511 THROUGH 179585 AND 253 THROUGH 254 FOR GENERAL DEMAND (CITY
COUNCIL)
RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution No. 25-074, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $4,253,335.67, DEMAND CHECK NUMBERS 179511 THROUGH 179585 AND 253 TO 254 FOR GENERAL DEMAND".
11. CONSIDER ADOPTING RESOLUTION NO. 25-07-CHA, A RESOLUTION OF THE CARSON HOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $24,937.33, DEMAND CHECK NUMBERS HA-002055 THROUGH HA-002059 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution No. 25-07-CHA, "A RESOLUTION OF THE
CARSON HOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $24,937.33, DEMAND CHECK NUMBERS HA-002055 THROUGH HA-002059".
12. CONSIDER ADOPTING RESOLUTION NO. 25-06-CSA, A RESOLUTION OF THE CARSON SUCCESSOR AGENCY CLAIMS AND DEMANDS IN THE AMOUNT OF $2,252.30, DEMAND CHECK NUMBERS SA-001958 THROUGH SA-001960 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution NO. 25-06-CSA, "A RESOLUTION OF THE CARSON SUCCESSOR AGENCY CLAIMS AND DEMANDS IN THE AMOUNT OF $2,252.30, DEMAND CHECK NUMBERS SA-001958 THROUGH SA-001960".
13. CONSIDER A REPORT OF ALL CITY CONTRACTS APPROVED UNDER CITY MANAGER OR DESIGNEE AUTHORITY FOR THE PERIOD MAY 1, 2025 THROUGH MAY 31, 2025 PURSUANT TO CMC SECTION 2604 (CITY COUNCIL)
RECOMMENDED ACTION
— RECEIVE and FILE this report.
14. CONSIDER A REPORT ON ALL INTRADEPARTMENTAL BUDGET TRANSFERS APPROVED UNDER THE CITY MANAGER OR DESIGNEE AUTHORITY FOR THE MONTH OF APRIL AND MAY 2025 PER ORDINANCE 24-2401 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. RECEIVE and FILE the report (Exhibit No. 1 & Exhibit No. 2).
15. CONSIDER APPROVING AN INCREASE TO THE NOT-TO-EXCEED PURCHASE LIMITS AND
PURCHASE TERMS FOR AMAZON BUSINESS AND STAPLES ADVANTAGE PURSUANT TO CMC SECTION 2611(G) COOPERATIVE PURCHASING (CITY COUNCIL)
RECOMMENDED ACTION
— 1. AUTHORIZE the City to make purchases of materials, supplies, and equipment from Amazon Business in a cumulative amount not to exceed $300,000 per fiscal year (representing a $100,000 increase from the February 2025 approval of the previous agreement), effective through May 5, 2030 and for each fiscal year contained within said effective period, pursuant to Omnia Partners Contract No. LS4679 and APPROVE purchase orders to be used as needed to effectuate such purchases pursuant to CMC Section 2605 in the determination of the Purchasing Manager.
— 2. AUTHORIZE the City to make purchases of materials, supplies, equipment, and janitorial supplies from Staples Advantage in a cumulative amount not to exceed $400,000 per fiscal year, effective through February 2, 2029 and for each fiscal year contained within said effective period, pursuant to Soucrewell Contract No. 070924-SCC and APPROVE purchase orders to be used as needed to effectuate such purchases pursuant to CMC Section 2605 in the determination of the Purchasing Manager.
16. CONSIDER REJECTION OF ALL BIDS RECEIVED FOR INVITATION FOR BIDS ("IFB") 25-10 PW1795
MILLS PARK BUILDING RENOVATIONS AND AUTHORIZE STAFF TO READVERTISE (CITY COUNCIL)
RECOMMENDED ACTION
— 1. REJECT all bids received for IFB 25-10 PW1795 Mills Park Building Renovations and AUTHORIZE staff to readvertise.
17. CONSIDER TAKING A POSITION OF OPPOSITION AND SENDING A CORRESPONDING LETTER TO
THE LEAGUE OF CALIFORNIA CITIES REGARDING THE RECOMMENDATION OF THE CITY MANAGER'S
SALES TAX WORKING GROUP ON THE BRADLEY-BURNS SALES AND USE TAX (CITY COUNCIL)
RECOMMENDED ACTION
— 1. TAKE a position of OPPOSITION and DIRECT staff to transmit a corresponding letter.
18. CONSIDER CANCELING THE AUGUST 19, 2025, REGULAR CITY COUNCIL MEETING BY MINUTE
ORDER (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE canceling the August 19, 2025, Regular City Council Meeting by minute order.
19. CONSIDER A CONTRACTUAL SERVICES AGREEMENT WITH RETAIL STRATEGIES FOR RETAIL AND
COMMERCIAL ATTRACTION FOR ECONOMIC DEVELOPMENT, IN AN AMOUNT NOT TO EXCEED $150,000 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE a Contract Services Agreement with Retail Strategies, for the development and implementation of an economic development retail and commercial attraction partnership, in an amount not to exceed $150,000.
20. CONSIDER ACCEPTING A $28,500 GRANT FROM THE SOUTH BAY CENTER FOR COUNSELING (SBCC), AND APPROVING AMENDMENT NO. 3 TO THE 2022 SUBCONTRACT WITH SBCC TO EXTEND THE PREVENTION AND AFTERCARE PROGRAM FOR FISCAL YEAR 2025-26 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. ACCEPT a $28,500 grant from the South Bay Center for Counseling (SBCC) to support the Prevention and Aftercare Program; and
— 2. APPROVE the proposed “Amendment No. 3 to 2022 Subcontract for Prevention and Aftercare Program Activities and Services” between the City and SBCC (Exhibit No. 2; “Amendment No. 3"); and
— 3. AUTHORIZE the Mayor to execute Amendment No. 3, following approval as to form by the City Attorney.
21. CONSIDER APPROVING AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT WITH LIFESTATION, INC., TO EXTEND THE EMERGENCY ALERT RESPONSE SYSTEM (E.A.R.S.) PROGRAM FOR FISCAL YEAR 2025/26 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE the proposed Amendment No. 1 to the Contract Services Agreement with LifeStation, Inc. (Exhibit No. 2; "Amendment No. 1"); and — 2. AUTHORIZE the Mayor to execute Amendment No. 1, following approval as to form by the City Attorney.
22. CONSIDER APPROVING A CONTRACT SERVICES AGREEMENT WITH MARIBEL CERVANTES, OT/L, TO PROVIDE OCCUPATIONAL THERAPY SERVICES FOR MEMBERS OF THE JOSEPH B. JR. AND MARY ANNE O’NEAL STROKE CENTER (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE the proposed Contract Services Agreement with Maribel Cervantes, OT/L, to provide Occupational Therapy services for members of the Joseph B. Jr. and Mary Anne O’Neal Stroke Center (Exhibit No. 1; "Agreement") and
— 2. AUTHORIZE the Mayor to execute the Agreement following approval as to form by the City Attorney.
23. CONSIDER APPROVING AMENDMENT NO. 1 TO THE PUBLIC WORKS AGREMENT WITH ED'S FENCING, INC., TO AUTHORIZE ADDITIONAL FENCING WORK FOR THE PICKLEBALL COURT AT DOLPHIN PARK (CITY COUNCIL).
RECOMMENDED ACTION
— 1. APPROVE the proposed Amendment No. 1 to the Public Works Agreement with Ed’s Fencing, Inc to include additional scope of work for the installation of fencing around the new outdoor pickleball court at Dolphin Park for a total not-to-exceed cost of $11,360.00, which will increase the total not-to-exceed Contract Sum to $71,330.00. (Exhibit No. 2; "Amendment"). — 2. AUTHORIZE the Mayor and or City Manager to execute the Amendment, following approval as to form by the City Attorney.
24. CONSIDER AWARD OF A CONSTRUCTION CONTRACT TO CROSSTOWN ELECTRICAL & DATA, INC.
FOR AS-NEEDED UTILITY UNDERGROUNDING AND EXCAVATION CONSTRUCTION SERVICES. (CITY
COUNCIL)
RECOMMENDED ACTION
— 1. AWARD a construction contract for As-Needed Utility Undergrounding and Excavation Services not to exceed the amount of $468,385.00, to the lowest responsive and responsible bidder, Crosstown Electrical & Data, Inc.
— 2. AUTHORIZE the Mayor to execute the contract with Crosstown Electrical & Data, Inc. after approval as to form by the City Attorney.
25. CONSIDER APPROVAL OF AMENDMENT NO.1 TO THE PURCHASING AND MAINTENANCE SERVICES AGREEMENT WITH MISSION CRITICAL INFORMATION SYSTEMS INC. (MCIS) (C22-045) FOR
INTEROPERABLE PUBLIC SAFETY RADIO SYSTEM AND MAINTENANCE SERVICE (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE Amendment No. 1 to add products and services to the Scope of Services for an additional amount of $175,768.13 thereby increasing the total not to exceed contract sum to $395,702.67.
— 2. AUTHORIZE the Mayor to execute the amendment, following approval as to form by the City Attorney.
26. CONSIDER APPROVAL OF A PURCHASE ORDER TO PB LOADER CORPORATION, FRESNO, CA, FOR THE PURCHASE OF TWO NEW ELECTRIC POWERED 2024 FORD F-150 LIGHTNING PICK-UP TRUCKS
FOR THE PUBLIC SAFETY DEPARTMENT (CITY COUNCIL)
RECOMMENDED ACTION
— 1. AUTHORIZE the Purchasing Manager to issue a Purchase Order in the amount not to exceed $154,884.17 for the purchase of two new electric powered 2024 Ford F-150 Lightning Pick-Up Trucks (Exhibit 1).
27. CONSIDER APPROVAL OF AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT WITH
CS & ASSOCIATES, INC TO PROVIDE ON-CALL PROFESSIONAL LABOR COMPLIANCE SERVICES FOR
VARIOUS NEEDS TO THE PUBLIC WORKS DEPARTMENT (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE Amendment No. 1 to the Contract Services Agreement with CS & Associates, INC for on-call professional labor compliance services extending term by one (1) year and increasing the contract sum by $100,000 for a total not-to-exceed contract sum of $400,000.00.
— 2. AUTHORIZE the Mayor to execute Amendment No. 1 with CS & Associates, INC following approval as to form by the City Attorney.
28. CONSIDER APPROVING AMENDMENT NO. 7 TO PURCHASE AGREEMENT (C-22-202) AND PURCHASE ORDER (22300822) WITH GOFORTH & MARTI TO PURCHASE, DELIVER, AND INSTALL
OFFICE FURNITURE FOR THE CITY HALL BASEMENT AND THE PUBLIC WORKS CORPORATE YARD (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE Amendment No. 7 to the Purchase Agreement by and between the City of Carson and Goforth & Marti to purchase, deliver, and install office furniture for the City Hall Basement and the Public Works Corporation Yard for a cost of $144,589.30. — 2. AUTHORIZE the Mayor to execute Amendment No. 7, following approval as to form by the City Attorney.
SPECIAL ORDERS OF THE DAY (Items 29 - 30)
Public testimony is restricted to three minutes per speaker, speaking once (excepting applicants who are afforded a right of rebuttal, if desired), unless extended by order of the Mayor with the approval of the City Council.
29. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION NO. 25-076, ADOPTING THE FISCAL YEAR 2025-2026 ANNUAL BUDGET IN THE GENERAL FUND (CITY COUNCIL) CONSIDER RESOLUTION NO. 25-07-CSA, ADOPTING THE FISCAL YEAR 2025-2026 ANNUAL BUDGET FOR THE CARSON SUCCESSOR AGENCY (SUCCESSOR AGENCY) CONSIDER RESOLUTION NO. 25-08-CHA, ADOPTING THE FISCAL YEAR 2025-2026 ANNUAL BUDGET FOR THE CARSON HOUSING AUTHORITY (HOUSING AUTHORITY) CONSIDER RESOLUTION NO. 25-077 APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-2026 (CITY COUNCIL), AND APPROVAL OF THE 2025-2026 SPECIAL EVENTS AND 5-YEAR CIP PLAN
RECOMMENDED ACTION
— 1. OPEN the Public Hearing, RECEIVE public testimony regarding the proposed Fiscal Year 2025–2026 budget, and CLOSE the Public Hearing.
— 2. WAIVE further reading and ADOPT Resolution No. 25-076, a resolution of the City of Carson City Council adopting the Fiscal Year 2025–2026 General Fund and Special Revenue Funds Budget (Exhibit E).
— 3. WAIVE further reading and ADOPT Resolution No. 25-07-CSA, a resolution of the Successor Agency Board adopting the FY 2025–2026 Budget (Exhibit F). — 4. WAIVE further reading and ADOPT Resolution No. 25-08-CHA, a resolution of the Carson Housing Authority adopting the FY 2025–2026 Budget (Exhibit G). — 5. WAIVE further reading and ADOPT Resolution No. 25-077, a resolution of the City Council approving the FY 2025–2026 Appropriations Limit (Exhibit H). — 6. APPROVE the FY 2025–2026 Special Events Budget (Exhibit I). — 7. APPROVE the FY 2025–2026 Five-Year Capital Improvement Program (CIP) Plan (Exhibit J).
30. REQUEST TO CONTINUE THE PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
RATIFYING AN AMENDMENT TO THE SAFETY ELEMENT OF THE GENERAL PLAN TO INCORPORATE THE CITY'S LOCAL HAZARD MITIGATION PLAN 2024 IN ACCORDANCE WITH ASSEMBLY BILL 2140 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. OPEN the Public Hearing, TAKE Public Comment, and Continue the Public Hearing to September 2, 2025, at the City Council's regular meeting time and place.
DISCUSSION (Item 31 - 32)
31. CONSIDER A REPORT OF ALL NEW BUSINESS LICENSES ISSUED BY THE CITY OF CARSON FOR THE PERIOD MAY 1, 2025 THROUGH MAY 31, (CITY COUNCIL)
RECOMMENDED ACTION
— 1. RECEIVE and FILE this report.
32. 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 (CITY COUNCIL)
RECOMMENDED ACTION
— 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; — 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
ORDINANCE SECOND READING (Items 33 - 34)
33. CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 25-2513: AMENDING SECTIONS 9202.1 (ADVISORY AGENCY), 9202.10 (DIVISION OF LAND), 9203.16 (PROCESSING AND APPROVAL – PUBLIC HEARING) AND 9203.19 (EFFECTIVE DATE AND APPEAL) OF CHAPTER 2 (SUBDIVISION REGULATIONS) OF ARTICLE IX (PLANNING AND ZONING) OF THE CARSON MUNICIPAL CODE, TO PERMIT ADMINISTRATIVE APPROVAL OF (1) TENTATIVE TRACT MAPS FOR CONDOMINIUM PURPOSES AND (2) TENTATIVE PARCEL MAPS (CITY COUNCIL)
RECOMMENDED ACTION
— 1. CONDUCT a Second Reading by title only and with further reading waived, and ADOPT Ordinance No. 25-2513, entitled “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF CARSON, CALIFORNIA, AMENDING SECTIONS 9202.1 (ADVISORY AGENCY), 9202.10 (DIVISION OF LAND), 9203.16 (PROCESSING AND APPROVAL – PUBLIC HEARING) AND 9203.19 (EFFECTIVE DATE AND APPEAL) OF CHAPTER 2 (SUBDIVISION REGULATIONS) OF ARTICLE IX (PLANNING AND ZONING) OF THE CARSON MUNICIPAL CODE, TO PERMIT ADMINISTRATIVE APPROVAL OF (1) TENTATIVE TRACT MAPS FOR CONDOMINIUM PURPOSES AND (2) TENTATIVE PARCEL MAPS"
34. SECOND READING AND ADOPTION OF ORDINANCE NO. 25-2510: AN ORDINANCE AMENDING THE NEW CARSON ZONING CODE (CHAPTER 1 [ZONING] OF ARTICLE IX [PLANNING AND ZONING] OF THE CARSON MUNICIPAL CODE, AS ENACTED BY ORDINANCE NO. 24-2405), TO MAKE VARIOUS
MODIFICATIONS TO ENSURE COMPLIANCE WITH THE STATE HOUSING ELEMENT LAW, INCLUDING GOVERNMENT CODE SECTIONS 65583(C)(1) AND 65583.2(H)-(I), AND CONSISTENCY WITH THE CITY’S 2021-2029 HOUSING ELEMENT (CITY COUNCIL)
RECOMMENDED ACTION
— 1. CONDUCT a Second Reading by title only and with further reading waived, and ADOPT Ordinance No. 25-2510: entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTIONS 9211.3 (DEVELOPMENT REGULATIONS) AND 9211.4 (SUPPLEMENTAL REGULATIONS) OF DIVISION 1 (RESIDENTIAL DISTRICTS) AND SECTIONS 9212.3 (DEVELOPMENT REGULATIONS) AND 9212.4 (SUPPLEMENTAL REGULATIONS) OF DIVISION 2 (MIXED-USE DISTRICTS) OF PART 2 (BASE, OVERLAY AND SPECIAL DISTRICTS) OF THE NEW CARSON ZONING CODE (CHAPTER 1 [ZONING] OF ARTICLE IX [PLANNING AND ZONING] OF THE CARSON MUNICIPAL CODE), TO MAKE VARIOUS MODIFICATIONS TO ENSURE
COMPLIANCE WITH THE STATE HOUSING ELEMENT LAW, INCLUDING GOVERNMENT CODE SECTIONS 65583(c)(1) and 65583.2(h)-(i), AND CONSISTENCY WITH THE CITY’S 2021-2029 HOUSING ELEMENT"
ORAL COMMUNICATIONS FOR MATTERS NOT LISTED ON THE AGENDA (MEMBERS OF THE
PUBLIC)
The public may at this time address the members of the City Council/Housing Authority/Successor Agency on any matters within the jurisdiction of the City Council/Housing Authority/Successor Agency. No action may be taken on non-agendized items except as authorized by law. Speakers are requested to limit their comments to no more than three minutes each, speaking once.
COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS
ORAL COMMUNICATIONS (COUNCIL MEMBERS)
ANNOUNCEMENT OF UNFINISHED OR CONTINUED CLOSED SESSION ITEMS (AS
NECESSARY)
RECESS TO CLOSED SESSION
RECONVENE TO OPEN SESSION
REPORT OF ACTIONS ON UNFINISHED OR CONTINUED CLOSED SESSION ITEMS
MEMORIAL ADJOURNMENTS
ADJOURNMENT
Date Posted: June 12, 2025
CITY OF CARSON
File #: Version:
Report to City Council, Successor Agency, andHousing Authority Tuesday, June 17, 2025, 5:00 PM
APPROVAL OF MINUTES 8. To: City Council, Successor Agency, and Housing Authority From: Joy Simarago, Deputy City Clerk CCO Administration Subject: APPROVAL OF THE FOLLOWING CARSON CITY COUNCIL/SUCCESSOR AGENCY/HOUSINGAUTHORITY MEETING MINUTES - JUNE 3, 2025 (REGULAR) I. SUMMARY
The City Clerk’s Office is seeking approval of the following minutes:
Tuesday, June 3, 2025 (Regular)
II. RECOMMENDATION
APPROVE the minutes as listed.
III. ALTERNATIVES
None.
IV. BACKGROUND
None.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Minutes, June 3, 2025 (Regular)
Prepared by: Dr. Khaleah K. Bradshaw, City Clerk and Joy Simarago, Deputy City Clerk
Attachments
Minutes - CC Reg Mtg 06-03-25.pdf
701 East Carson Street
CITY OF CARSON
MINUTES
CARSON CITY COUNCIL/
SUCCESSOR AGENCY/HOUSING AUTHORITY
REGULAR MEETING
JUNE 3, 2025
5:00 P.M.
CALL TO ORDER: CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY TUESDAY, JUNE 3, 2025
The meeting was called to order at 5:00 P.M. by Mayor/Agency Chairman/Authority Chairman Lula Davis-Holmes in the Helen Kawagoe Council Chambers, Carson City Hall, located at 701 E. Carson Street, Carson, California 90745.
ROLL CALL (CITY CLERK)
Chief Deputy City Clerk/Chief Deputy Agency Secretary/Chief Deputy Authority Secretary Kourtney Cullors noted the roll:
Council Members/Agency Members/Authority Board Members Present:
Mayor/Agency Chairman/Authority Chairman Lula Davis-Holmes Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman Cedric Hicks, Sr.
Council Member/Agency Member/Authority Board Member Jim Dear Council Member/Agency Member/Authority Board Member Arleen Rojas Council Members/Agency Members/Authority Board Members Absent:
Council Member/Agency Member/Authority Board Member, Dr. Jawane Hilton (Entered at 5:03 P.M.) Also Present:
Dr. Khaleah K. Bradshaw, City Clerk/Agency Secretary/Authority Secretary; Monica Cooper, City/Agency/Authority Treasurer; Sunny Soltani, City/Agency/Authority Attorney; David C. Roberts, Jr., City Manager; Dr. Robert Lennox, Assistant City Manager; John Raymond, Assistant City Manager; Michael Whittiker, Jr., Director of Community Services; Dr. Arlington Rodgers, Jr., Director of Public Works; Gary Carter, Director of Information Technology and Security; William Jefferson, Director of Finance; and Josh Boudreaux, Director of Human Resources
FLAG SALUTE
Council Member/Agency Member/Authority Board Member Dear led the Pledge of Allegiance.
INVOCATION (Item 1)
1. PASTOR MILDRED BOYD FROM CHRIST CHRISTIAN CENTER -
Pastor Mildred Boyd gave the invocation.
CLOSED SESSION (Items 2-5)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City of Carson is a party. The titles of such litigations are as follows: CAM-Carson, LLC v. Carson Reclamation Authority, City of Carson and Successor Agency to the Carson Redevelopment Agency, Los Angeles Superior Court Case No. 20STCV16461; Keith Bennett v. City of Carson (WCAB No. ADJ19627383); and Solomon Solomona Sr. (Deceased) v. City of Carson (WCAB No. ADJ20408143).
ACTION: No reportable action was taken.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code § 54956.9(a), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Tesoro Refining & Marketing Company, LLC; Tesoro Logistics Operations LLC v. City of Carson, Second Appellate District Case No. B335686.
ACTION: No reportable action was taken.
4. CONFERENCE WITH LABOR NEGOTIATOR (CITY COUNCIL)
— A closed session will be held, pursuant to Government Code 54957.6, with City Manager, Assistant City Manager, and Human Resources Officer, its negotiators, regarding labor negotiations with Service Employees International Union (SEIU 721) CPSA, and American Federation of State, County and Municipal Employees (AFSCME Local 809) Part-time.
ACTION: No reportable action was taken.
5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations and give direction to its negotiator, David C. Roberts, Jr., City Manager regarding that certain real property known as 20700 South Avalon Blvd., Carson, CA 90746.
The City's real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property.
ACTION: No reportable action was taken.
REPORT ON ANY PUBLIC COMMENTS ON CLOSED SESSION ITEMS (CITY CLERK) None.
ANNOUNCEMENT OF CLOSED SESSION ITEMS (CITY ATTORNEY)
City/Agency/Authority Attorney Soltani announced the Closed Session items.
RECESS INTO CLOSED SESSION UNTIL 6:00 P.M. OR UNTIL THE END OF CLOSED SESSION,
WHICHEVER OCCURS FIRST
The meeting was recessed at 5:08 P.M. by Mayor/Agency Chairman/Authority Chairman Davis- Holmes to Closed Session.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL)-
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL)-
4. CONFERENCE WITH LABOR NEGOTIATOR (CITY COUNCIL)-
5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (CITY COUNCIL)- RULES OF DECORUM:
The Rules of Decorum recording was presented at the beginning of the meeting.
RECONVENE TO OPEN SESSION AT 6:00 P.M. OR AT THE END OF CLOSED SESSION, WHICHEVER
OCCURS FIRST
The meeting was reconvened at 6:48 P.M. by Mayor/Agency Chairman/Authority Chairman Davis- Holmes.
REPORT ON CLOSED SESSION ACTIONS (CITY ATTORNEY)
City/Agency/Authority Attorney Soltani gave the Closed Session Report.
INTRODUCTIONS (MAYOR) (Items 6-7)
6. REPORT FROM CAPTAIN NORMAN OF CARSON SHERIFF'S STATION- 6:50 PM Captain Norman introduced the County funded Summer Enforcement Team which started May 11, 2025 and ends September 2025. She introduced Sargeant Scott Smith who spoke about the increased presence during summertime crime. Captain Norman introduced Deputies Ernesto Damian, June Lee D., Randy Ortiz, and Julius Sweeney II who each offered comments.
She summarized the recent law enforcement activities and reported on the fire exposition which included a street race activity at the northeast side of Avalon Boulevard and Sepulveda Boulevard behind Scottsdale Estates (fireworks related). She also gave a Criminal Statistics Report.
7. REPORT FROM ASSISTANT CHIEF KANE OF LOS ANGELES COUNTY FIRE - 6:59 PM Assistant Chief Brian Kane gave a public safety report for the month of May.
PRESENTATIONS (Items 8-15)
8. INTRODUCTION AND UPDATE FROM AT&T INC. - 7:50 PM
Item No. 8 was heard after Item No. 13.
Makenzie Neely-Wright gave a PowerPoint presentation on AT&T update.
Questions were asked and answered.
At the end of all of the presentations, Director Carter presented a video of Information Technology and Security Department's accomplishments and gave an update on the City's Fiber Broadband Project. He stated the Fiber Broadband Project Phase 1 kickoff is coming soon.
9. PROCLAMATION RECOGNIZING JUNETEENTH - 7:09 PM
Item No. 9 was heard after Item No. 10.
Council Member/Agency Member/Authority Board Member, Dr. Hilton read the proclamation and presented to members of the Carson Citizens Cultural Arts Foundation. Mayor/Agency Chairman/Authority Chairman Davis-Holmes offered comments and recognized Chairperson Dianne Thomas. Chairperson Dianne Thomas spoke about the organization, the importance of celebrating Juneteenth, and the upcoming free Juneteenth event on June 14, 2025.
10. PROCLAMATION RECOGNIZING JUNE AS MEN'S HEALTH MONTH - 7:02 PM Item No. 10 was heard after Item No. 7.
Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman Hicks, Sr. read the proclamation and presented to Dr. Homie David Lyons who accepted with words of gratitude. Dr.
Homie introduced Gabby Flores, Director of Behaviorial Health at the Universal Community Health Center.
11. PROCLAMATION RECOGNIZING PHILIPPINE INDEPENDENCE DAY ANNIVERSARY - 7:45 PM Item No. 11 was heard after Item No. 15.
Council Member/Agency Member/Authority Board Member Rojas announced the 127th anniversary of the Philippine Independence Day Celebration which will be held on Saturday, June 7, 2025, at 8:00 A.M. at Veterans Park. She introduced recipients RJ Jimenez, Mike Moreno, and Nomer Garcia, sound and audiovisual technicians for the Philippine Independence Day Celebration. She read and presented a proclamation to each recipient and thanked them for their contribution to the event's success.
12. PROCLAMATION RECOGNIZING JUNE AS FIRE PREVENTION MONTH - 7:36 PM Mayor/Agency Chairman/Authority Chairman Davis-Holmes introduced recipients Assistant Chief Brian Kane and Public Safety Commissioner and retired Captain Michael K. Wilson. She read and presented the proclamation to the recipients. Commissioner Wilson spoke about the importance of smoke detectors and changing the batteries. Assistant Chief Kane offered words of gratitude and thanked retired Captain Wilson for his work.
13. PROCLAMATION RECOGNIZING CARSON'S CONNECTED COMMUNITY AWARD - 8:20 PM Karen Grosset with Tyler Technologies presented an award to the Information Technology and Security (ITS) Department. Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman Hicks, Sr. read and presented the proclamation to Director of Information Technology and Security Gary Carter. Director Carter offered comments and recognized his team who were present at the meeting.
14. CERTIFICATE OF RECOGNITION TO PRINCIPAL HUDLEY - 7:19 PM Item No. 14 was heard after Item No. 9.
Mayor/Agency Chairman/Authority Chairman Davis-Holmes read and presented a Certificate of Recognition to Principal Camellia Diggs Hudley for her retirement who offered words of gratitude.
15. CERTIFICATE OF RECOGNITION TO RUDY MENDOZA- 7:27 PM Council Member/Agency Member/Authority Board Member, Dr. Hilton read and presented a Certificate of Recognition to Principal Rudy Mendoza who accepted with words of gratitude.
ORAL COMMUNICATIONS FOR MATTERS LISTED ON THE AGENDA (MEMBERS OF THE PUBLIC) (LIMITED TO ONE HOUR)
This item was heard after Item No. 34.
Dianne Thomas
Thanked Mayor and City Council for the fireworks ban ordinance passing APPROVAL OF MINUTES (Item 16)
16. APPROVAL OF THE FOLLOWING CARSON CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MEETING MINUTES - MAY 21, 2025 (REGULAR)- 7:58 PM
RECOMMENDED ACTION
— APPROVE the minutes as listed.
Motion to Approve submitted by Jim Dear seconded by Dr. Jawane Hilton resulting in 5-0-0-0- 0 CONSENT (Items 17-29)
City Manager Roberts, Jr. requested to continue Item No. 23 with no objection heard.
Motion To Approve submitted by Cedric L. Hicks Sr. seconded by Jim Dear resulting in 5-0-0-0-0
17. CONSIDER ADOPTING RESOLUTION NO. 25-072, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $9,929,621.77, DEMAND CHECK NUMBERS 179136 THROUGH 179510 (CITY COUNCIL)- 8:40 PM
RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution No. 25-072, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $9,929,621.77, DEMAND CHECK NUMBERS 179136 THROUGH 179510." ACTION: Item No. 17 was approved on Consent.
18. CONSIDER AN UPDATE ON CITY COMMISSIONS (CITY COUNCIL)- 8:40 PM
RECOMMENDED ACTION
— RECEIVE and FILE this report.
ACTION: Item No. 18 was approved on Consent.
19. CONSIDER AN UPDATE ON CITY PROJECTS (CITY COUNCIL)- 8:40 PM
RECOMMENDED ACTION
— RECEIVE and FILE this report
ACTION: Item No. 19 was approved on Consent.
20. CONSIDER RENEWAL OF EXCESS LIABILITY, EXCESS WORKERS COMPENSATION, CYBER
LIABILITY, ALL-RISK PROPERTY, AUTO PHYSICAL DAMAGE, INLAND MARINE (CONTRACTOR
EQUIPMENT), EARTHQUAKE, VOLUNTEER ACCIDENT, AIRCRAFT (DRONE), CRIME, STORAGE TANK
LIABILITY, FIDUCIARY LIABILITY, SPECIAL EVENT LIABILITY, AND TRANSIT LIABILITY INSURANCE POLICIES FOR FY 2025/26 (CITY COUNCIL).- 8:40 PM
RECOMMENDED ACTION
— 1. APPROVE Public Risk Innovation, Solutions, and Management (PRISM) to renew the City's Cyber Liability, Excess Liability, and Excess Worker’s Compensation insurance policies for FY 2025/26, and to pay the FY 2024/25 workers compensation audit premium at an overall cost of not-to-exceed $2,281,905.
— 2. APPROVE the City's insurance broker, Alliant Insurance Services, to renew All Risk Property, Auto Physical Damage, Inland Marine (Contractor Equipment), Parametric Earthquake, Crime, Fiduciary Liability, Aircraft (Drone) Liability, Storage Tank Liability, Special Event Liability and Volunteer Accident insurance policies for FY 2025/26 with incumbent carriers or other insurance companies that provide the best terms and pricing, at an overall cost of not-to-exceed $486,656. — 3. APPROVE California Transit Indemnity Pool (CalTIP) to renew the City’s Transit Liability Insurance for the FY 2025/26 term at a premium of not-to-exceed $110,000.
ACTION: Item No. 20 was approved on Consent.
21. CONSIDER AN UPDATE ON ALLOCATION OF FUNDS FOR THE 2025-2029 HOUSING AND URBAN DEVELOPMENT (HUD) FIVE-YEAR CONSOLIDATED PLAN, 2025-2029 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (AAP)- 8:40 PM
RECOMMENDED ACTION
— 1. ALLOCATE CDBG funding for FY 2025/26 (Planning Year 2025). — 2. AUTHORIZE the Mayor to execute agreements with the public service providers as designated by City Council following negotiation and approval as to form by the City Attorney. — 3. APPROVE the proposed FY 2025/26 (PY2025) CDBG budget.dd Info — 4. APPROVE the submission of the City’s 2025-2029 Five-Year Consolidated Plan, 2025-2026 Annual Action Plan, and Citizen Participation Plan to the U. S. Department of Housing and Urban Development.
ACTION: Item No. 21 was approved on Consent.
22. CONSIDER THE ANNUAL STATEMENT OF INVESTMENT POLICY- CITY OF CARSON, CARSON SUCCESSOR AGENCY AND CARSON HOUSING AUTHORITY- 8:40 PM
RECOMMENDED ACTION
— 1. APPROVE Statement of Investment Policy
ACTION: Item No. 22 was approved on Consent.
23. CONSIDER A CONTRACTUAL SERVICES AGREEMENT WITH JPW COMMUNICATIONS, INC. OF
CARLSBAD, CALIFORNIA FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN ECONOMIC DEVELOPMENT MARKETING PLAN, IN AN AMOUNT NOT TO EXCEED $155,000- 8:40 PM
RECOMMENDED ACTION
— APPROVE A CONTRACTUAL SERVICES AGREEMENT WITH JPW COMMUNICATIONS, INC. OF
CARLSBAD, CALIFORNIA FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN ECONOMIC DEVELOPMENT MARKETING PLAN, IN AN AMOUNT NOT TO EXCEED $155,000, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY
ACTION: Mayor/Agency Chairman/Authority Chairman Davis-Holmes continued Item No. 23 to a future date with no objection heard.
24. CONSIDER A CONTRACTUAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. OF SAN
JUAN CAPISTRANO, CALIFORNIA FOR THE ENGINEERING, CONCEPTUAL DESIGN, AND
COMMUNITY ENGAGEMENT FOR CERTAIN PUBLIC-FACING RESIDENTIAL PERIMETER WALLS ON
AVALON BOULEVARD AND CENTRAL AVENUE, IN A CONTRACT AMOUNT NOT TO EXCEED $292,856, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY - 8:40 PM
RECOMMENDED ACTION
— APPROVE A CONTRACTUAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. OF SAN
JUAN CAPISTRANO, CALIFORNIA FOR THE ENGINEERING, CONCEPTUAL DESIGN, AND
COMMUNITY ENGAGEMENT FOR CERTAIN PUBLIC-FACING RESIDENTIAL PERIMETER WALLS ON
AVALON BOULEVARD AND CENTRAL AVENUE, IN A CONTRACT AMOUNT NOT TO EXCEED $292,856, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
ACTION: Item No. 24 was approved on Consent.
25. CONSIDERATION OF APPROVAL OF AMENDMENT NO. 1 FOR IT EQUIPMENT WITH VARDATA, INC. (CITY COUNCIL)- 8:40 PM
RECOMMENDED ACTION
— 1. APPROVE Amendment No.1 to Agreement with Vardata, Inc. for hardware, software, maintenance and support for an amount not to exceed $628,395.00 for a total term of 5 years; and
— 2. AUTHORIZE the Mayor to execute the amendment after approval as to form by the City Attorney.
ACTION: Item No. 25 was approved on Consent.
26. CONSIDER APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH REAL RUN
ENTERPRISE INCORPORATED, AND AUTHORIZING A CO-SPONSORSHIP REQUEST FOR THE ADULT REAL RUN BASKETBALL LEAGUE (CITY COUNCIL)- 8:40 PM
RECOMMENDED ACTION
— 1. APPROVE the proposed Memorandum of Understanding between the City and Real Run (Exhibit No. 3; "MOU"); and
— 2. AUTHORIZE the Mayor to execute the MOU following approval as to form by the City Attorney.
ACTION: Item No. 26 was approved on Consent.
27. CONSIDERATION TO ACCEPT THE PROJECT AS COMPLETE, PROJECT NO.1718: JAMES ANDERSON PARK, ACCESSIBILITY UPGRADES PROJECT (CITY COUNCIL)- 8:40 PM
RECOMMENDED ACTION
— 1. ACCEPT as complete, Project No.1718, James Anderson Park, Accessibility Upgrades Project. — 2. AUTHORIZE Staff to file a Notice of Completion with the Los Angeles County Recorder's Office.
ACTION: Item No. 27 was approved on Consent.
28. CONSIDER A SHARED COST AGREEMENT BETWEEN THE CITY OF COMPTON AND THE CITY OF
CARSON FOR IMPROVEMENT OF CENTRAL AVENUE BETWEEN WEST CALDWELL STREET AND KONA DRIVE (CITY COUNCIL).- 8:40 PM
RECOMMENDED ACTION
— 1. APPROVE the Shared Cost Agreement between the City of Carson and the City of Compton for the rehabilitation of Central Avenue along the jurisdiction boundaries. — 2. AUTHORIZE the Mayor to execute the Shared Cost Agreement, following approval as to form by the City Attorney.
— 3. APPROVE incorporation of PW1827 - Central Avenue Shared Compton Project into the FY 2025-26 CIP plan.
ACTION: Item No. 28 was approved on Consent.
29. CONSIDER APPROVAL OF AMENDMENTS TO CONTRACT AGREEMENTS BETWEEN ENTERPRISE FLEET MANAGEMENT, INC. AND THE CITY OF CARSON FOR EQUITY LEASING AND
MAINTENANCE OF LIGHT DUTY VEHICLES TO SUPPORT SUSTAINABILITY GOALS AND VEHICLE AVAILABILITY (CITY COUNCIL)- 8:40 PM
RECOMMENDED ACTION
— 1. APPROVE the amendment to the Enterprise Fleet Management agreement to purchase four (4) 2025 Chevy Blazer EVs and two (2) 2025 Chevy Colorados. — 2. AUTHORIZE the City Manager to execute the 6 Schedule Agreements.
ACTION: Item No. 29 was approved on Consent.
SPECIAL ORDERS OF THE DAY (Items 30-31)
30. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE NEW CARSON ZONING CODE (CHAPTER 1 [ZONING] OF ARTICLE IX [PLANNING AND ZONING] OF THE CARSON MUNICIPAL CODE, AS ENACTED BY ORDINANCE NO. 24-2405), TO MAKE VARIOUS
MODIFICATIONS TO ENSURE COMPLIANCE WITH THE STATE HOUSING ELEMENT LAW, INCLUDING GOVERNMENT CODE SECTIONS 65583(c)(1) and 65583.2(h)-(i), AND CONSISTENCY WITH THE CITY’S 2021-2029 HOUSING ELEMENT (CITY COUNCIL)- 8:41 PM
RECOMMENDED ACTION
— 1. OPEN the Public Hearing, TAKE Public Comment, and Close the Public Hearing; and — 2. INTRODUCE for first reading, by title only and with full reading waived, Ordinance No. 25- 2510, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTIONS 9211.3 (DEVELOPMENT REGULATIONS) AND 9211.4 (SUPPLEMENTAL REGULATIONS) OF DIVISION 1 (RESIDENTIAL DISTRICTS) AND SECTIONS 9212.3 (DEVELOPMENT REGULATIONS) AND 9212.4 (SUPPLEMENTAL REGULATIONS) OF DIVISION 2 (MIXED-USE DISTRICTS) OF PART 2 (BASE, OVERLAY AND SPECIAL DISTRICTS) OF THE NEW CARSON ZONING CODE (CHAPTER 1 [ZONING] OF ARTICLE IX [PLANNING AND ZONING] OF THE CARSON
MUNICIPAL CODE), TO MAKE VARIOUS MODIFICATIONS TO ENSURE COMPLIANCE WITH THE STATE HOUSING ELEMENT LAW, INCLUDING GOVERNMENT CODE SECTIONS 65583(c)(1) and 65583.2(h)-(i), AND CONSISTENCY WITH THE CITY’S 2021-2029 HOUSING ELEMENT." Item No. 30 was heard after approval of the Consent items.
City Manager Roberts, Jr. presented the item.
Chief Deputy City Clerk/Chief Deputy Agency Secretary/Chief Deputy Authority Secretary Kourtney Cullors gave the Public Hearing Report.
Mayor/Agency Chairman/Authority Chairman Davis-Holmes declared the Public Hearing open.
There being no persons wishing to speak, Mayor/Agency Chairman/Authority Chairman Davis- Holmes closed the Public Hearing.
Motion To Approve submitted by Jim Dear seconded by Dr. Jawane Hilton resulting in 5-0-0-0- 0 31. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING SECTIONS 9202.1 (ADVISORY AGENCY), 9202.10 (DIVISION OF LAND), 9203.16 (PROCESSING AND APPROVAL – PUBLIC HEARING) AND 9203.19 (EFFECTIVE DATE AND APPEAL) OF CHAPTER 2 (SUBDIVISION
REGULATIONS) OF ARTICLE IX (PLANNING AND ZONING) OF THE CARSON MUNICIPAL CODE, TO PERMIT ADMINISTRATIVE APPROVAL OF (1) TENTATIVE TRACT MAPS FOR CONDOMINIUM PURPOSES AND (2) TENTATIVE PARCEL MAPS (CITY COUNCIL)- 8:46 PM
RECOMMENDED ACTION
— INTRODUCE for first reading, by title only and with full reading waived, Ordinance No. 25- 2513, entitled “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF CARSON, CALIFORNIA, AMENDING SECTIONS 9202.1 (ADVISORY AGENCY), 9202.10 (DIVISION OF LAND), 9203.16 (PROCESSING AND APPROVAL – PUBLIC HEARING) AND 9203.19 (EFFECTIVE DATE AND APPEAL) OF CHAPTER 2 (SUBDIVISION REGULATIONS) OF ARTICLE IX (PLANNING AND ZONING) OF THE CARSON MUNICIPAL CODE, TO PERMIT ADMINISTRATIVE APPROVAL OF (1) TENTATIVE TRACT MAPS FOR CONDOMINIUM PURPOSES AND (2) TENTATIVE PARCEL MAPS." City Manager Roberts, Jr. gave a report.
Mayor/Agency Chairman/Authority Chairman Davis-Holmes declared the Public Hearing open.
Chief Deputy City Clerk/Chief Deputy Agency Secretary/Chief Deputy Authority Secretary Kourtney Cullors reported the notification process for the public hearing was not applicable because it is a Subdivision Act per Assistant City Attorney Ben Jones.
Motion To Approve submitted by Mayor Lula Davis-Holmes seconded by Dr. Jawane Hilton resulting in 5-0-0-0-0
DISCUSSION (Items 32-34)
32. CONSIDER ADOPTING RESOLUTION NO. 25-069, CLARIFYING AND RESTATING THE ADMINISTRATIVE CITATION FINES APPLICABLE TO VIOLATIONS OF THE CITY’S FIREWORKS ORDINANCE IN LIGHT OF ADOPTION OF CITY ORDINANCE NO. 25-2507, AND REPLACING RESOLUTION NO. 24-050 (CITY COUNCIL)- 8:50 PM
RECOMMENDED ACTION
— ADOPT Resolution No. 25-069, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, CLARIFYING AND RESTATING THE ADMINISTRATIVE CITATION FINES
APPLICABLE TO VIOLATIONS OF THE CITY'S FIREWORKS ORDINANCE IN LIGHT OF ADOPTION OF CITY ORDINANCE NO. 25-2507 AND REPLACING RESOLUTION NO. 24-050." Motion To Approve submitted by Dr. Jawane Hilton seconded by Jim Dear resulting in 5-0-0-0- 0 33. CONSIDER INTRODUCTION AND FIRST READING, BY TITLE ONLY OF ORDINANCE NO. 25- 2509, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 6383 (REVOCATION – SUSPENSION - GROUNDS) OF PART 4 (PERMIT PROCEDURE), AND SECTION 63134.1 (SAME - ELIGIBILITY) AND SECTION 63134.3 (SAME – PERFORMANCE STANDARDS) OF PART 5 (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS REQUIRING A PERMIT) OF CHAPTER 3 (BUSINESS, PROFESSIONS AND TRADES) OF THE CARSON MUNICIPAL CODE TO EXPRESSLY INCLUDE THE CITY’S RIGHT TO REVOKE OR
SUSPEND BUSINESS LICENSES WHERE CRIMINAL INVESTIGATIONS YIELD EVIDENCE OF VIOLATIONS OF LAW" (CITY COUNCIL)- 8:51 PM
RECOMMENDED ACTION
— 1. WAIVE further reading and introduce for first reading Ordinance No. 25-2509, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 6383 (REVOCATION – SUSPENSION - GROUNDS) OF PART 4 (PERMIT PROCEDURE), AND SECTION 63134.1 (SAME - ELIGIBILITY) AND SECTION 63134.3 (SAME – PERFORMANCE STANDARDS) OF PART 5 (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS REQUIRING A PERMIT) OF CHAPTER 3 (BUSINESS, PROFESSIONS AND TRADES) OF THE CARSON MUNICIPAL CODE TO EXPRESSLY INCLUDE THE CITY’S RIGHT TO REVOKE OR SUSPEND BUSINESS LICENSES WHERE CRIMINAL INVESTIGATIONS YIELD EVIDENCE OF VIOLATIONS OF LAW" Mayor/Agency Chairman/Authority Chairman Davis-Holmes requested staff to present the changes that were previously addressed.
Director Jefferson presented the changes and gave a report.
Council Member/Agency Member/Authority Board Member Dear inquired if staff has the authority to revoke a business license. Director Jefferson responded to his inquiry.
Council Member/Agency Member/Authority Board Member Dear inquired how to handle immoral behavior.
City/Agency/Authority Attorney Soltani responded to his inquiry and that she would discuss further with Assistant City Attorney Robert Lee regarding immoral behavior.
Mayor/Agency Chairman/Authority Chairman Davis-Holmes continued Item No. 33 until the next City Council meeting with no objection heard.
34. CONSIDER CREATION OF PREFERENTIAL PERMIT PARKING ZONE "I" FOR AREA NEAR MILLS PARK, AND REGULATING PARKING WITHIN THE ZONE (CITY COUNCIL)- 8:24 PM
RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution 25-062, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ESTABLISHING PREFERENTIAL PERMIT PARKING ZONE “I” FOR AREA NEAR MILLS PARK, AND REGULATING PARKING WITHIN THE ZONE"; or — 2. WAIVE further reading and ADOPT Resolution 25-073, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DENYING ESTABLISHMENT OF PREFERENTIAL PERMIT PARKING ZONE “I” FOR AREA NEAR MILLS PARK, AND REGULATING PARKING WITHIN THE ZONE"
Item No. 34 was heard after Director Carter's update on the City's Fiber Broadband Project.
City Engineer Gilbert Marquez gave a report.
Council Member/Agency Member/Authority Board Member Dear requested parking guidelines and staff responded in the affirmative.
Mayor/Agency Chairman/Authority Chairman Davis-Holmes requested staff to come back with a report of the parking guidelines and staff responded in the affirmative.
Motion To Approve submitted by Cedric L. Hicks Sr. seconded by Jim Dear resulting in 5-0-0-0- 0 ORDINANCE SECOND READING
None.
ORAL COMMUNICATIONS FOR MATTERS NOT LISTED ON THE AGENDA (MEMBERS OF THE
PUBLIC)
Brandi Lewin
Gave an update on current activities
The following individuals offered comments in support of benefits for part-time employees:
Nancy Rusas, on behalf of American Federation of State, County and Municipal Employees (AFSCME) Local 809 representing part-time members
Hunter Noa, part-time employee
Ashley Avilla, part-time employee
Susana Carrasco, part-time employee
Christine Fuller, part-time employee
Salomon Lopez and Michele Ledesma, part-time employees
Bob Adams, representing AFSCME Local 809
Robert Lesley
Offered comments regarding impact from policies and meetings
COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS
Council Member/Agency Member/Authority Board Member Dear requested the following items to add to a future agenda:
City Manager Roberts, Jr. stated he would contact Captain Norman and provide an update.
Council Member/Agency Member/Authority Board Member, Dr. Hilton requested the following items to add to a future agenda:
Director Rodgers, Jr. stated he would check area if a CSUDH property and if not, can place in a future Capital Improvement Project (CIP) program. Council Member, Dr. Hilton stated if property of CSUDH, for City Council to send a letter to request improvement in the area.
ORAL COMMUNICATIONS (COUNCIL MEMBERS)
Council Member/Agency Member/Authority Board Member, Dr. Hilton announced the following:
(Council Member/Agency Member/Authority Board Member, Dr. Hilton exited the meeting at 9:34 P.M. and reentered the meeting at 9:35 P.M.)
Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman Hicks, Sr. announced/reported Contract with AFSCME Local 809 part-time employees
Status of a previous request for a public reward for arresting conviction of a cold case thirty years ago that is being reopened
Agreed with Council Member Dear's request for a contract with AFSCME Local 809 part-time employees
Public Works to look into placing sidewalks near walkway towards University Heights - start of Velodrome area at California State University Dominguez Hills (CSUDH) Engineering staff to look into installation of a traffic light exiting the University Heights neighborhood (University Drive and Howard Avenue or Pepperdine Drive) Installation of a gate into the University Heights neighborhood in light of the upcoming Olympics in 2028
Speed bump on Pepperdine Drive
Sprouts Press Conference, Thursday, June 5, 2025, at 10:00 A.M., 619 University Drive, Carson Wished a Happy Father's Day to all the fathers
the following:
Council Member/Agency Member/Authority Board Member Rojas announced/reported the following:
Mayor/Agency Chairman/Authority Chairman Davis-Holmes announced/reported the following:
City Manager Roberts, Jr. gave an update.
Council Member/Agency Member/Authority Board Member, Dr. Hilton announced/reported the following:
Director Whittiker, Jr. stated that it would be helpful if he knew which program the food was coming from. Council Member, Dr. Hilton shared he believes it is from the Meals on Wheels program.
Director Whittiker, Jr. stated he would look into the matter. Council Member, Dr. Hilton also reported the resident reached out to the Congresswoman's Office.
Council Member/Agency Member/Authority Board Member Dear announced the following:
Wished a Happy Father's Day to all the fathers
5th Annual Father's Day Ice Cream Giveaway, June 15, 2025, at Ken's Ice Cream, from 12:00 P.M. to 5:00 P.M.
Traffic signal issue at the corner of Del Amo Boulevard and Tajauta Avenue and at Helmick Street and Central Avenue
Congratulated all the graduates
Philippine Independence Day Celebration on Saturday, June 7, 2025, Veterans Park at 8:00 A.M.
Wished Happy Father's Day to her Dad in heaven and all the fathers Madame Mayor was honored for the first time by the Los Angeles Business Journal Honored and recognized by the Los Angeles Business Journal as one of the top 500 leaders in Los Angeles which meant a lot to her
Asked staff to follow up with In-N-Out Burger Restaurant on their promise to install a signal A resident shared with him that the packaged frozen food being given to the seniors at the Carson Community Center is toxic and rotten.
Wished a congratulations to all three of his daughters who are graduating
ANNOUNCEMENT OF UNFINISHED OR CONTINUED CLOSED SESSION ITEMS (AS NECESSARY) None.
RECESS TO CLOSED SESSION
None.
RECONVENE TO OPEN SESSION
None.
REPORT OF ACTIONS ON UNFINISHED OR CONTINUED CLOSED SESSION ITEMS None.
MEMORIAL ADJOURNMENTS
City Clerk/Agency Secretary/Authority Secretary, Dr. Bradshaw presented the following Memorial Adjournment Requests:
Former Congressman Charles Rangel from Harlem, New York Renato Bautista Santos
Betsy Ali'ifua
Edward Lee Brandon
Jessie Mack
Christian Payton
Council Member/Agency Member/Authority Board Member, Dr. Hilton gave a prayer.
City Manager Roberts, Jr. thanked staff for their great presentations this evening. He apologized for being distracted earlier in the meeting while his daughter was dancing with her Kid Clippers Dance Team and happy to report that they received four yeses, a standing ovation, and moving forward.
ADJOURNMENT
The meeting was adjourned at 9:47 P.M. by Mayor/Agency Chairman/Authority Chairman Davis- Holmes.
Wished a Happy Father's Day to everyone
Looking forward to upcoming city events and encouraged everyone to attend _________________________________________________
Lula Davis-Holmes
Mayor/Agency Chairman/Authority Chairman
ATTEST:
____________________________________________________
Dr. Khaleah K. Bradshaw
City Clerk/Agency Secretary/Authority Secretary
_________________________
Signature
CITY OF CARSON 701 East Carson Street
Report to City Council, Successor Agency, andHousing Authority Tuesday, June 17, 2025, 5:00 PM
CONSENT 9. To: City Council, Successor Agency, and Housing Authority From: Monica Cooper, City Treasurer Subject: CONSIDER MONTHLY INVESTMENT AND CASH REPORT FOR THE CITY OF CARSON,CARSON HOUSING AUTHORITY, CARSON SUCCESSOR AGENCY-MONTH ENDING MAY 31, 2025 (CITYCOUNCIL) I. SUMMARY
Submitted to the Mayor and City Council is the monthly Investment and Cash Report for the City of Carson, Successor Agency and Carson Housing Authority for the month ending May 31, 2025. Following are the total reserves and cash on hand for the City of Carson and each Carson entity:
City of Carson reserves (Invested assets): $243,507,336.50 City of Carson available cash: $81,219,735.41 Restricted funds for the city of Carson include cash on hand and reserves for the Successor Agency, Housing Authority and Co-Op Agreement:
Total City of Carson restricted funds: $23,409,924 II. RECOMMENDATION
RECEIVE and FILE.
III. ALTERNATIVES
TAKE another action the Council deems appropriate.
IV. BACKGROUND
The Investment and Cash Report is submitted monthly to the Mayor and City Council to provide updates on reserve balances and available cash across Carson's entities. This report includes financial data for the City of Carson, Successor Agency, and the Housing Authority. The report outlines an investment strategy designed to ensure six months of operating liquidity. All investments strictly follow California State Code §53600, the City’s Investment Policy, and relevant bond covenants.
V. FISCAL IMPACT
None
VI. EXHIBITS
1. Summary of Cash (Pg. 3)
2. City of Carson Investment (Pgs. 4-6)
3. City of Carson Successor Agency Investments (Pg. 7)
Attachments
Cash rpt May 2025.pdf
CITY OF CARSON PORTFOLIO RESERVES SUMMARY MAY 2025.pdf
CITY OF CARSON PORTFOLIO SUCCESOR RESERVES SUMMARY MAY 2025.pdf CITY OF CARSON PORTFOLIO HOUSING RESERVES SUMMARY MAY 2025.pdf
Cash and Investment Report Summary
City of Carson, Carson Successor Agency, Carson Housing Authority May 31, 2025
Available Cash Invested Funds
General Fund $81,219,735.41 $243,507,336.50
Successor Agency (restricted revenue) $6,177,311.66 $7,696,133.72 Housing Authority (restricted revenue) $4,660,633.98 $3,000,000.00 Co-Op Agreement (restricted revenue) $1,875,844.64
CITY OF CARSON PORTFOLIO RESERVES SUMMARY
FOR THE MONTH ENDING
MAY 31, 2025
Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio Cash
BNY Cash Reserve Cash MM1159A 0.130 5,852,775.84 5,852,775.84 5,852,775.84 2.40 Preferred Premier Cash MM942 3.500 42,880,773.65 42,880,773.65 42,880,773.65 17.61 Sub Total / Average Cash 3.095 48,733,549.49 48,733,549.49 48,733,549.49 20.01 Certificate Of Deposit
Eaglemark Saving Bank 2 3/2/2027 27004PCM3 2.000 245,000.00 245,000.00 236,360.76 0.10 East/West Bank 3.55 7/23/2025 178064422B 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.89 East/West Bank 3.55 7/23/2025 178944242B 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.89 East/West Bank 3.55 7/23/2025 178622841A 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.89 East/West Bank 3.55 7/23/2025 1785024444B 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.89 East/West Bank 3.55 7/23/2025 178417994B 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.89 East/West Bank 3.55 7/31/2025 178011696 3.550 1,090,992.91 1,090,992.91 1,090,992.91 0.45 East/West Bank 3.55 7/31/2025 0178225460-L 3.550 1,090,992.91 1,090,992.91 1,090,992.91 0.45 East/West Bank 3.55 7/31/2025 0178585526-L 3.550 1,088,513.59 1,088,513.59 1,088,513.59 0.45 East/West Bank 3.55 7/31/2025 0178800198-L 3.550 1,090,992.91 1,090,992.91 1,090,992.91 0.45 East/West Bank 3.55 7/31/2025 178002788 3.550 1,090,992.91 1,090,992.91 1,090,992.91 0.45 East/West Bank 4.11 11/26/2025 30069-I 4.110 1,000,000.00 1,000,000.00 1,000,000.00 0.41 East/West Bank 4.15 8/8/2025 178659182L 4.150 1,086,498.51 1,086,498.51 1,086,498.51 0.45 East/West Bank 4.15 8/8/2025 178740303L 4.150 1,085,625.43 1,085,625.43 1,085,625.43 0.45 East/West Bank 4.15 8/8/2025 178254698L 4.150 1,085,625.43 1,085,625.43 1,085,625.43 0.45 East/West Bank 4.15 8/8/2025 178208467L 4.150 1,085,625.43 1,085,625.43 1,085,625.43 0.45 East/West Bank 4.15 8/8/2025 178712582L 4.150 1,085,625.43 1,085,625.43 1,085,625.43 0.45 MABUHAY 3.25 8/13/2027 XXXX49 3.250 220,938.64 220,938.64 220,938.64 0.09 Preferred Bank 4.03 11/26/2025 300691--M 4.030 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 4.11 11/26/2025 3000006915-I 4.110 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 4.11 11/26/2025 300683-I 4.110 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 4.11 11/26/2025 306119-I 4.110 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 4.11 11/26/2025 300003703-I 4.110 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 4.2 1/19/2026 3000023062 4.200 2,000,000.00 2,000,000.00 2,000,000.00 0.82 Preferred Bank 4.2 1/19/2026 3000023097 4.200 2,000,000.00 2,000,000.00 2,000,000.00 0.82 Preferred Bank 4.2 1/19/2026 3000023070 4.200 2,000,000.00 2,000,000.00 2,000,000.00 0.82
Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio
Preferred Bank 4.2 1/19/2026 3000023100 4.200 2,000,000.00 2,000,000.00 2,000,000.00 0.82 Preferred Bank 4.2 1/19/2026 3000002389 4.200 2,000,000.00 2,000,000.00 2,000,000.00 0.82 Preferred Bank 4.25 1/21/2026 3000023194 4.250 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 4.25 1/21/2026 3000023208 4.250 2,000,000.00 2,000,000.00 2,000,000.00 0.82 Preferred Bank 4.25 1/21/2026 3000023186 4.250 2,000,000.00 2,000,000.00 2,000,000.00 0.82 Preferred Bank 4.27 9/10/2025 30000007180L 4.270 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 4.42 9/10/2025 300007199L 4.420 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 5.14 8/1/2025 6893B 5.140 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Preferred Bank 5.14 8/1/2025 6907B 5.140 1,000,000.00 1,000,000.00 1,000,000.00 0.41 Sallie Mae Bank/ Salt Lake 1 7/14/2026 7954507A7 1.000 250,000.00 250,000.00 241,159.30 0.10 Toyota Finl Svgs BK 1.05 10/21/2026 8923M-LW-9 1.050 245,000.00 245,000.00 234,660.58 0.10 USBS BANK1.05 10/27/2026 90348JV56 1.050 245,000.00 245,000.00 234,550.02 0.10 Sub Total / Average Certificate Of Deposit 3.947 47,910,794.10 47,910,794.10 47,872,524.76 19.68 Corporate
Bank of America 1.4 5/14/2026-22 06048WL99 1.400 300,000.00 300,000.00 291,627.00 0.12 BERKSHIRE HATHAWAY FIN 2.3 3/15/2027 084664CZ2 2.580 300,000.00 296,087.07 291,378.00 0.12 GOOGLE- Alphabet Inc. 1.998 8/15/2026 02079KAC1 2.000 300,000.00 299,972.90 292,428.00 0.12 John Deere Capital Corp 1.05 6/17/2026 24422EVR7-A 1.050 300,000.00 300,000.00 290,016.00 0.12 JPMORGAN CHASE CO 1.2 4/30/2026-23 48128G3G3 1.200 300,000.00 300,000.00 291,093.00 0.12 TARGET CORPORATION 1.95 1/15/2027 87612EBM7 1.990 500,000.00 499,063.55 482,970.00 0.21 Sub Total / Average Corporate 1.732 2,000,000.00 1,995,123.52 1,939,512.00 0.82 Local Government Investment Pool
LAIF LGIP LGIP9143 4.281 26,194,556.70 26,194,556.70 26,194,556.70 10.76 Sub Total / Average Local Government Investment
Pool 4.281 26,194,556.70 26,194,556.70 26,194,556.70 10.76 Money Market
East/West Bank MM 22305 3.300 85,194,366.35 85,194,366.35 85,194,366.35 34.99 Sub Total / Average Money Market 3.300 85,194,366.35 85,194,366.35 85,194,366.35 34.99 US Agency
FAMC 2.3 3/8/2027 31422XVA7 2.300 1,000,000.00 1,000,000.00 970,150.00 0.41 FAMC 3 8/15/2025 31422XD74 3.280 1,000,000.00 992,106.27 997,130.00 0.41 FFCB 0.84 3/2/2026-21 3133EMSK9 0.907 1,000,000.00 996,743.00 974,730.00 0.41 FFCB 1.27 11/2/2026 3133ENCQ1 1.270 1,000,000.00 1,000,000.00 962,000.00 0.41 FFCB 1.43 11/23/2026-22 3133ENEM8 1.430 1,000,000.00 1,000,000.00 962,750.00 0.41 FFCB 1.53 1/26/2026 3133ENLDO 1.530 2,000,000.00 2,000,000.00 1,965,120.00 0.82 FFCB 4 11/1/2027 3133ERZC8 4.000 474,069.86 474,069.86 474,363.78 0.19 FFCB 4 11/1/2029-25 3133ERZD6 4.121 1,000,000.00 994,627.33 996,570.00 0.41 FFCB 4.47 3/5/2030 3133ER5U1 4.470 1,000,000.00 1,000,000.00 998,280.00 0.41
Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio FHLB 1 3/26/2026-21 313ALMV3 1.000 1,000,000.00 1,000,000.00 973,240.00 0.41 FHLB 1 9/30/2026 3130AP6D2 1.000 1,000,000.00 1,000,000.00 959,530.00 0.41 FHLB 1.125 10/14/2026 313OAPBS3 1.125 1,000,000.00 1,000,000.00 959,730.00 0.41 FHLB 1.13 7/20/2026 3130AN3R9 1.130 1,000,000.00 1,000,000.00 965,770.00 0.41 FHLB 1.3 11/24/2026-22 3130APU37 1.326 1,000,000.00 998,750.00 959,460.00 0.41 FHLB 1.31 10/28/2026 3130APLN3 1.310 1,000,000.00 1,000,000.00 961,560.00 0.41 FHLB 1.375 11/16/2026 3130APLP8 1.375 1,000,000.00 1,000,000.00 961,880.00 0.41 FHLB 1.5 1/27/2027 3130AQHM8 1.500 1,000,000.00 1,000,000.00 958,540.00 0.41 FHLB 4.25 4/25/2030 3130B65N2 4.250 1,000,000.00 1,000,000.00 996,570.00 0.41 FHLB 4.5 5/30/2030-26 3130B6JC1 4.500 2,000,000.00 2,000,000.00 1,998,260.00 0.82 FHLMC 4.12 9/29/2025 3134GX2M5 4.145 1,000,000.00 999,273.00 998,240.00 0.41 FHLMC 4.6 3/6/2030 3134HBBT7 4.600 1,000,000.00 1,000,000.00 995,890.00 0.41 Sub Total / Average US Agency 2.425 22,474,069.86 22,455,569.46 21,989,763.78 9.23 US Treasury
T-Bond 3.125 8/15/2025 91282CFE6 3.246 1,000,000.00 996,573.44 997,420.00 0.41 T-Bond 4.125 2/15/2027 91282CKA8 4.424 1,000,000.00 991,750.00 1,002,150.00 0.41 T-Note 3 7/15/2025 91282CEY3 4.739 2,000,000.00 1,966,765.62 1,996,520.00 0.82 T-Note 3.375 9/15/2027 91282CLL3 3.475 1,000,000.00 997,215.63 988,590.00 0.41 T-Note 3.5 9/30/2026 91282CLP4 3.586 1,000,000.00 998,351.56 992,730.00 0.41 T-Note 3.875 10/31/2029 91282CFL0 4.070 1,000,000.00 991,456.88 996,480.00 0.41 T-Note 3.875 11/30/2029 91282CFY2 4.056 1,000,000.00 991,936.23 995,980.00 0.41 T-Note 4 1/31/2029 91282CJW2 4.283 1,000,000.00 987,532.55 1,002,380.00 0.41 T-Note 4 10/31/2029 91282CFT3 4.073 1,000,000.00 996,837.50 1,001,370.00 0.41 T-Note 4 2/25/2026 91282CGL9 4.469 1,000,000.00 989,003.13 998,160.00 0.41 Sub Total / Average US Treasury 4.106 11,000,000.00 10,907,422.54 10,971,780.00 4.52 Total / Average 3.434 243,507,336.50 243,391,382.16 242,896,053.08 100
CITY OF CARSON SUCCESSOR AGENCY PORTFOLIO RESERVES SUMMARY
FOR THE MONTH ENDING
MAY 31, 2025
Description CUSIP/Ticker YTM @ Cost Face
Amount/Shares Cost Value Market Value % of Portfolio
Cash
Preferred Bank Cash MM0099 3.500 6,216,053.17 6,216,053.17 6,216,053.17 80.77 Sub Total / Average Cash 3.500 6,216,053.17 6,216,053.17 6,216,053.17 80.77 Local Government Investment Pool
LAIF LGIP LGIP9016 4.000 1,480,080.55 1,480,080.55 1,480,080.55 19.23 Sub Total / Average Local Government Investment Pool 4.000 1,480,080.55 1,480,080.55 1,480,080.55 19.23 Total / Average 3.596 7,696,133.72 7,696,133.72 7,696,133.72 100
CITY OF CARSON HOUSING AUTHORITY PORTFOLIO RESERVES SUMMARY
FOR THE MONTH ENDING
MAY 31, 2025
Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio Certificate Of Deposit
Preferred Bank 4.42 9/27/2025 3000022368 4.420 1,000,000.00 1,000,000.00 1,000,000.00 33.33 Preferred Bank 4.42 9/27/2025 3000022333 4.420 1,000,000.00 1,000,000.00 1,000,000.00 33.33 Preferred Bank 4.42 9/27/2025 3000022341 4.420 1,000,000.00 1,000,000.00 1,000,000.00 33.33 Sub Total / Average Certificate Of Deposit 4.420 3,000,000.00 3,000,000.00 3,000,000.00 100.00 Total / Average 4.420 3,000,000.00 3,000,000.00 3,000,000.00 100
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, June 17, 2025, 5:00 PM
CONSENT 10. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Accounting Subject: CONSIDER ADOPTING RESOLUTION NO. 25-074, A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $4,253,335.67, DEMANDCHECK NUMBERS 179511 THROUGH 179585 AND 253 THROUGH 254 FOR GENERAL DEMAND (CITYCOUNCIL) I. SUMMARY
RESOLUTION NO. 25-074, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMSAND DEMANDS AS FOLLOWS: TOTAL OF $4,253,335.67 FOR GENERAL DEMANDS CHECK NUMBERS 179511 THROUGH 179585 AND 253THROUGH 254.
II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution No. 25-074, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $4,253,335.67, DEMAND CHECK NUMBERS 179511 THROUGH 179585 FOR GENERAL DEMAND AND 253 THROUGH 254".
III. ALTERNATIVES
NONE.
IV. BACKGROUND
THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with thebudget and applicable agreements and are hereby ratified in the amount herein after set forth, a copy of which isattached hereto as Exhibit No. 1. SECTION 2: On June 17, 2025, the City Council ratified the above demand numbers 179511 through 179585 and253 through 254 for General Demand. The City Treasurer is hereby directed to pay out the funds named hereon, toeach of the claimants listed above, the amount of warrant appearing opposite their respective names, for thepurpose stated on the respective demands, making a total of $4,253,335.67. SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into thebook of original resolutions. PASSED, APPROVED, and ADOPTED this 17TH DAY OF JUNE, 2025. APPROVED AS TO FORM:
701 East Carson Street
________________________________________Sunny K. Soltani, City Attorney CITY OF CARSON: _________________________________________Lula Davis-Holmes, Mayor ATTEST: _________________________________________Dr. Khaleah K. Bradshaw, City Clerk V. FISCAL IMPACT
CERTIFICATION In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands areaccurate and that funds are available for payment thereof. I certify under penalty of perjury that the foregoing istrue and correct. EXECUTED THE ______ DAY OF __________________ AT CARSON, CALIFORNIA: ____________________________________ David C. Roberts, Jr., City Manager STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) ss.CITY OF CARSON ) I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoingresolution, being Resolution No. 25-074, adopted by the City of Carson City Council at its meeting held on June 17,2025 by the following vote: AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _____________________________________Dr. Khaleah K. Bradshaw, City Clerk VI. EXHIBITS
EXHIBIT NO. 1: DEMAND RESOLUTION #25-074
Attachments
Exhibit 1 Demand Register Reso# 25-074.pdf
City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 06/03/2025 08:49
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 253 05/28/2025 WIRE 008626 WATSON LAND COMPANY 438,154.57 254 05/29/2025 WIRE 004084 RE SOLUTIONS 706,240.47 179511 05/29/2025 PRINTED 000137 ADMINISTRATIVE SERVICES C 27,740.95 179512 05/29/2025 PRINTED 000797 ALESHIRE AND WYNDER LLP 16,418.00 179513 05/29/2025 PRINTED 005523 AMAZON CAPITAL SERVICES 768.50 179514 05/29/2025 PRINTED 004410 B D WHITE TOP SOIL CO INC 956.95 179515 05/29/2025 PRINTED 001438 BLUE DIAMOND MATERIALS 1,149.39 179516 05/29/2025 PRINTED 007365 BLUETRITON BRANDS, INC. 1,591.12 179517 05/29/2025 PRINTED 006273 BOA ARCHITECTURE 199,819.00 179518 05/29/2025 PRINTED 001627 BSN SPORTS LLC 414.14 179519 05/29/2025 PRINTED 008549 BUCKLEY BUILDING INC. 2,970.00 179520 05/29/2025 PRINTED 000665 CALIFORNIA ASSN OF CODE E 600.00 179521 05/29/2025 PRINTED 008411 CALTEC CORP 204,526.03 179522 05/29/2025 PRINTED 008513 CINTAS CORPORATION NO. 2 3,192.06 179523 05/29/2025 PRINTED 001416 CITIZENS BUSINESS BANK 41,931.18 179524 05/29/2025 PRINTED 000062 CITY OF LOS ANGELES 717.03 179525 05/29/2025 PRINTED 001180 COUNTY OF LOS ANGELES 2,489.93 179526 05/29/2025 PRINTED 007380 CYNTHIA G HUNTER 50.00 179527 05/29/2025 PRINTED 000127 DAILY BREEZE NEWSPAPER 693.94 179528 05/29/2025 PRINTED 000268 DAILY JOURNAL CORP 649.40 179529 05/29/2025 PRINTED 006876 DONALD A. SPRAGUE 1,566.00 179530 05/29/2025 PRINTED 003092 VERA DORSEY-REEVES 50.00 179531 05/29/2025 PRINTED 008542 ERNESTO T GRITZEWSKY 2,500.00 179532 05/29/2025 PRINTED 000485 ULI FE'ESAGO JR 200.00 179533 05/29/2025 PRINTED 000221 FLEET PRIDE 640.87 179534 05/29/2025 PRINTED 007482 GOFORTH & MARTI 29,742.33 179535 05/29/2025 PRINTED 000941 GOLDEN STATE WATER COMPAN 3,182.93 179536 05/29/2025 PRINTED 000793 GRAINGER 3,320.58 179537 05/29/2025 PRINTED 000532 HDL COREN AND CONE 4,460.00 179538 05/29/2025 PRINTED 000234 THE HOME DEPOT INC 751.77 179539 05/29/2025 PRINTED 008529 JAPANESE AUTO CENTER INC. 486.45 179540 05/29/2025 PRINTED 007103 JOE A. GONSALVES & SON 4,000.00 179541 05/29/2025 PRINTED 007499 JOHN D LOYOLA 200.00 179542 05/29/2025 PRINTED 007688 JOKER PARTY SUPPLY, INC. 1,203.47 179543 05/29/2025 PRINTED 007672 KELLY PAPER COMPANY 448.38 179544 05/29/2025 PRINTED 000094 LAKESHORE LEARNING MATERI 13.40 179545 05/29/2025 PRINTED 008534 LISA F. COTTRELL 50.00 179546 05/29/2025 PRINTED 000067 LOS ANGELES COUNTY DEPT O 115,192.54 179547 05/29/2025 PRINTED 000074 LOS ANGELES COUNTY SHERIF 127,560.76 179548 05/29/2025 PRINTED 008035 MARION MARTIN JR 200.00 179549 05/29/2025 PRINTED 002208 MB HERZOG ELECTRIC INC 10,148.22 179550 05/29/2025 PRINTED 006946 NEXTECH SYSTEMS INC 8,108.81 179551 05/29/2025 PRINTED 001020 PITNEY BOWES 385.18 179552 05/29/2025 PRINTED 000746 PITNEY BOWES RESERVE ACCO 788.73 179553 05/29/2025 PRINTED 000973 POLY CORR INDUSTRIES 9,962.13 179554 05/29/2025 PRINTED 001285 POWER WHOLESALE ELECTRIC 709.56 179555 05/29/2025 PRINTED 008459 PUB CONSTRUCTION INC 2,081,421.74 179556 05/29/2025 PRINTED 008230 RAJO, A CALIF. CORP 160.00 179557 05/29/2025 PRINTED 003304 REQUEST LINE MUSIC 500.00 179558 05/29/2025 PRINTED 010000 ATLAS ROOFING 183.59 179559 05/29/2025 PRINTED 010000 MARTHA MURATALLA 500.00 179560 05/29/2025 PRINTED 010000 RAQUEL LIRA 500.00 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 06/03/2025 08:49
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 179561 05/29/2025 PRINTED 010000 SOUTH BAY CHEER 360 LLC 500.00 179562 05/29/2025 PRINTED 010000 WARRIORS IN PINK BREAST C 250.00 179563 05/29/2025 PRINTED 007240 RJM DESIGN GROUP, INC. 19,531.10 179564 05/29/2025 PRINTED 000057 ROBERT MCELROY LLC 467.82 179565 05/29/2025 PRINTED 001230 ROBERTSONS READY MIX CONC 1,143.76 179566 05/29/2025 PRINTED 008578 ROTH STAFFING COMPANIES, 8,121.42 179567 05/29/2025 PRINTED 000427 SAM'S CLUB DIRECT 459.86 179568 05/29/2025 PRINTED 001803 VERGIE SEYMORE 50.00 179569 05/29/2025 PRINTED 007461 SHUNDALE HUDSON 800.00 179570 05/29/2025 PRINTED 000211 SMART AND FINAL IRIS 194.79 179571 05/29/2025 PRINTED 000240 SOUTHERN CALIFORNIA EDISO 23,367.96 179572 05/29/2025 PRINTED 007784 SOUTHERN TIRE MART, LLC 794.81 179573 05/29/2025 PRINTED 008571 SUNSET STUDIOS MEDIA SOLU 28,789.82 179574 05/29/2025 PRINTED 006654 SWANK MOTION PICTURES INC 540.00 179575 05/29/2025 PRINTED 007090 T-MOBILE USA INC. 3,996.63 179576 05/29/2025 PRINTED 007654 TAIT & ASSOCIATES, INC 705.00 179577 05/29/2025 PRINTED 008368 THE TRADES GROUP 450.00 179578 05/29/2025 PRINTED 007705 TRANSTECH ENGINEERS, INC. 23,015.50 179579 05/29/2025 PRINTED 006769 U S BANK CORPORATE PAYMEN 4,256.72 179580 05/29/2025 PRINTED 000530 ULINE SHIPPING SUPPLY SPE 4,780.36 179581 05/29/2025 PRINTED 008552 VALLEY ATHLETIC FIELD SOL 2,212.68 179582 05/29/2025 PRINTED 000302 WAXIE SANITARY SUPPLY 94.94 179583 05/29/2025 PRINTED 000212 WEST COAST ARBORISTS 68,024.00 179584 05/29/2025 PRINTED 002212 HD SUPPLY CONSTRUCTION 336.72 179585 05/29/2025 PRINTED 000144 YAMADA CO INC 241.68 77 CHECKS CASH ACCOUNT TOTAL 4,253,335.67 .00 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 06/03/2025 08:49
User: jmanalo
Program ID: apchkrcn
UNCLEARED CLEARED
77 CHECKS FINAL TOTAL 4,253,335.67 .00 ** END OF REPORT - Generated by Jane Manalo **
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, June 17, 2025, 5:00 PM
CONSENT 11. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Accounting Subject: CONSIDER ADOPTING RESOLUTION NO. 25-07-CHA, A RESOLUTION OF THE CARSONHOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $24,937.33, DEMANDCHECK NUMBERS HA-002055 THROUGH HA-002059 (CITY COUNCIL) I. SUMMARY
RESOLUTION NO. 25-07-CHA, A RESOLUTION OF THE CARSON HOUSING AUTHORITY RATIFYING CLAIMS ANDDEMANDS IN THE AMOUNT OF $24,937.33, DEMAND CHECK NUMBERS HA-002055 THROUGH HA-002059.
II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution No. 25-07-CHA, "A RESOLUTION OF THE CARSON HOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $24,937.33, DEMAND CHECK NUMBERS HA- 002055 THROUGH HA-002059".
III. ALTERNATIVES
NONE.
IV. BACKGROUND
THE CARSON HOUSING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with thebudget and applicable agreements and are hereby ratified in the amount herein after set forth, a copy of which isattached hereto as Exhibit No. 1. SECTION 2: On June 17, 2025, the Carson Housing Authority ratified the above demand numbers HA-002055through HA-002059. The City Treasurer is hereby directed to pay out the funds named hereon, to each of theclaimants listed above, the amount of warrant appearing opposite their respective names, for the purpose statedon the respective demands, making a total of $24,937.33. SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into thebook of original resolutions. PASSED, APPROVED, and ADOPTED this 17TH DAY OF JUNE, 2025. CARSON HOUSING AUTHORITY, acting as the successor housing agency of the CARSON REDEVELOPMENTAGENCY, a public body by: APPROVED AS TO FORM:
701 East Carson Street
________________________________________Sunny K. Soltani, Agency Counsel CITY OF CARSON: _________________________________________Lula Davis-Holmes, Chairman ATTEST: _________________________________________Dr. Khaleah K. Bradshaw, Secretary V. FISCAL IMPACT
CERTIFICATION In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands areaccurate and that funds are available for payment thereof. I certify under penalty of perjury that the foregoing istrue and correct. EXECUTED THE ______ DAY OF __________________ AT CARSON, CALIFORNIA: _________________________________________ David C. Roberts, Jr., Executive DirectorSTATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) ss.CITY OF CARSON ) I, Dr. Khaleah K. Bradshaw, Secretary of the Carson Housing Authority, California, hereby attest to and certify thatthe foregoing resolution, being Resolution No. 25-07-CHA, adopted by the City of Carson City Council at its meetingheld on June 17, 2025 by the following vote: AYES: AUTHORITY BOARD MEMBERS:NOES: AUTHORITY BOARD MEMBERS: ABSTAIN: AUTHORITY BOARD MEMBERS: ABSENT: AUTHORITY BOARD MEMBERS: _____________________________________Dr. Khaleah K. Bradshaw, Secretary VI. EXHIBITS
EXHIBIT NO. 1: DEMAND RESOLUTION #25-07-CHA
Attachments
Exhibit 1 CHA Demand Reso# 25-07-CHA.pdf
City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 06/03/2025 11:33
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 255-99-999-999-1012- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2055 05/08/2025 PRINTED 000423 AVALON COURTYARD 12,374.24 2056 05/08/2025 PRINTED 000547 CARSON TERRACE PARTNERS L 6,110.00 2057 05/08/2025 PRINTED 006884 LYFT, INC. 311.34 2058 05/15/2025 PRINTED 001001 AT&T PHONE 31.75 2059 05/29/2025 PRINTED 000547 CARSON TERRACE PARTNERS L 6,110.00 5 CHECKS CASH ACCOUNT TOTAL 24,937.33 .00 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 06/03/2025 11:33
User: jmanalo
Program ID: apchkrcn
UNCLEARED CLEARED
5 CHECKS FINAL TOTAL 24,937.33 .00 ** END OF REPORT - Generated by Jane Manalo **
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, June 17, 2025, 5:00 PM
CONSENT 12. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Accounting Subject: CONSIDER ADOPTING RESOLUTION NO. 25-06-CSA, A RESOLUTION OF THE CARSONSUCCESSOR AGENCY CLAIMS AND DEMANDS IN THE AMOUNT OF $2,252.30, DEMAND CHECK NUMBERSSA-001958 THROUGH SA-001960 (CITY COUNCIL) I. SUMMARY
RESOLUTION NO. 25-06-CSA, A RESOLUTION OF THE CARSON SUCCESSOR AGENCY CLAIMS AND DEMANDS INTHE AMOUNT OF $2,252.30, DEMAND CHECK NUMBERS SA-001958 THROUGH SA-001960.
II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution NO. 25-06-CSA, "A RESOLUTION OF THE CARSON SUCCESSOR AGENCY CLAIMS AND DEMANDS IN THE AMOUNT OF $2,252.30, DEMAND CHECK NUMBERS SA-001958 THROUGH SA-001960".
III. ALTERNATIVES
NONE.
IV. BACKGROUND
THE CARSON SUCCESSOR AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with thebudget and applicable agreements and are hereby ratified in the amount herein after set forth, a copy of which isattached hereto as Exhibit No. 1. SECTION 2: On June 17, 2025, the Carson Successor Agency ratified the above demand numbers SA-001958through SA-001960. The City Treasurer is hereby directed to pay out the funds named hereon, to each of theclaimants listed above, the amount of warrant appearing opposite their respective names, for the purpose statedon the respective demands, making a total of $2,252.30. SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into thebook of original resolutions. PASSED, APPROVED, and ADOPTED this 17TH DAY OF JUNE, 2025. CARSON SUCCESSOR AGENCY, to the dissolved CARSON REDEVELOPMENT AGENCY, a public body 701 East Carson Street
APPROVED AS TO FORM: ________________________________________Sunny K. Soltani, Agency Counsel CITY OF CARSON: _________________________________________Lula Davis-Holmes, Chairman ATTEST: _________________________________________Dr. Khaleah K. Bradshaw, Secretary V. FISCAL IMPACT
CERTIFICATION In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands areaccurate and that funds are available for payment thereof. I certify under penalty of perjury that the foregoing istrue and correct. EXECUTED THE _____ DAY OF _____________________ AT CARSON, CALIFORNIA: _________________________________________ David C. Roberts, Jr., Executive Director STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) ss.CITY OF CARSON ) I, Dr. Khaleah K. Bradshaw, Secretary of the Carson Successor Agency, California, hereby attest to and certify thatthe foregoing resolution, being Resolution No. 25-06-CSA, adopted by the City of Carson City Council at its meetingheld on June 17, 2025 by the following vote: AYES: AUTHORITY BOARD MEMBERS:NOES: AUTHORITY BOARD MEMBERS: ABSTAIN: AUTHORITY BOARD MEMBERS: ABSENT: AUTHORITY BOARD MEMBERS: _____________________________________Dr. Khaleah K. Bradshaw, Secretary VI. EXHIBITS
EXHIBIT NO. 1: DEMAND RESOLUTION #25-06-CSA
Attachments
Exhibit 1 CSA Demand Reso #25-06-CSA.pdf
City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 06/03/2025 13:17
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 782-99-999-999-1030- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1958 05/15/2025 PRINTED 000797 ALESHIRE AND WYNDER LLP 30.80 1959 05/15/2025 PRINTED 001001 AT&T PHONE 63.50 1960 05/22/2025 PRINTED 001924 THE BANK OF NEW YORK MELL 2,158.00 3 CHECKS CASH ACCOUNT TOTAL 2,252.30 .00 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 06/03/2025 13:17
User: jmanalo
Program ID: apchkrcn
UNCLEARED CLEARED
3 CHECKS FINAL TOTAL 2,252.30 .00 ** END OF REPORT - Generated by Jane Manalo **
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, June 17, 2025, 5:00 PM
CONSENT 13. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance Subject: CONSIDER A REPORT OF ALL CITY CONTRACTS APPROVED UNDER CITY MANAGER ORDESIGNEE AUTHORITY FOR THE PERIOD MAY 1, 2025 THROUGH MAY 31, 2025 PURSUANT TO CMCSECTION 2604 (CITY COUNCIL) I. SUMMARY
The City Manager is presenting to the City Council a list of all new contracts and amendments procured under CityManager or designee's authority as required by Section 2604 of the Carson Municipal Code for the period May 1,2025 through May 31, 2025.
II. RECOMMENDATION
RECEIVE and FILE this report.
III. ALTERNATIVES
TAKE another action as deemed appropriate by the City Council, consistent with the requirements of the law.
IV. BACKGROUND
On January 9, 2024 (Item No. 27), Council approved Ordinance No. 23-2309 amending various sections of Chapter 6 (Purchasing System) of Article II (Administration) of the Carson Municipal Code. Ordinance No. 23-2309 increased the City Manager's authority to procure materials, supplies, equipment, services and professional services from $25,000 to $75,000. Section 2604 now requires the City Manager to, once per month, present to the City Council a list of all new contracts and amendments procured under City Manager or designee's authority.
Attached as Exhibit 1 is the City Manager's Contract Report for contracts executed between May 1, 2025 through May 31, 2025.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Contract Report - May 2025
Attachments
Contract Report - May 2025.pdf
Signatory Holder Original/ Amendment Contract Number Vendor Name Vendor Number Category Description of Service Sum Department Effective Date (Attestation Date - pg 1) Expiration Date
M WHITTIKER Original 25-091 DAVID DESHAWN LEE JR 7962 EVENT SERVICE PROVIDE AGREEMENT 2025 JBJMO STROKE CENTER REUNION $400.00 COMMUNITY SERVICES 05/19/2025 * M WHITTIKER Original 25-093 BROADCAST SUPPORT INC 4297 EVENT SERVICE PROVIDE AGREEMENT 2025 ENRICHMENT RECITAL: ECHOS OF THE ALEBRIJES $1,210.00 COMMUNITY SERVICES 05/15/2025 * M WHITTIKER Original 25-094 ERNESTO T GRITZEWSKY 8542 EVENT SERVICE PROVIDE AGREEMENT 2025 YOUTH CONFERENCE $2,500.00 COMMUNITY SERVICES 05/30/2025 * M WHITTIKER Original 25-095 BROADCAST SUPPORT INC 4297 EVENT SERVICE PROVIDE AGREEMENT 2025 MEMORIAL DAY EVENT $1,219.00 COMMUNITY SERVICES 05/22/2025 * M WHITTIKER Original 25-096 SMITTY BOYKIN TOURING INC 8574 EVENT SERVICE PROVIDE AGREEMENT 2025 JAZZFEST $32,000.00 COMMUNITY SERVICES 10/04/2025 * M WHITTIKER Original 25-097 KENNETH C SARA 7586 EVENT SERVICE PROVIDE AGREEMENT 2025 JUNETEENTH CELEBRATION $1,200.00 COMMUNITY SERVICES 06/14/2025 * M WHITTIKER Original 25-098 GREGORY L ROSE 4317 EVENT SERVICE PROVIDE AGREEMENT 2025 JUNETEENTH CELEBRATION $3,500.00 COMMUNITY SERVICES 06/14/2025 * M WHITTIKER Original 25-099 DEMBREBRAH WEST AFRICAN DRUM AND DANCE 7921 EVENT SERVICE PROVIDE AGREEMENT 2025 JUNETEENTH CELEBRATION $600.00 COMMUNITY SERVICES 06/14/2025 * M WHITTIKER Original 25-100 AALON BUTLER 6455 EVENT SERVICE PROVIDE AGREEMENT 2025 THERAPEUTIC REC SUMMER FIESTA DANCE $700.00 COMMUNITY SERVICES 06/06/2025 * M WHITTIKER Original LOS ANGELES DODGERS 98 PURCHASE AGREEMENT DODGER TICKETS - PARKS EXCURSION $5,695.00 COMMUNITY SERVICES 06/18/2025 * M WHITTIKER Original 25-103 ARJAY FERRER JIMENEZ 3104 EVENT SERVICE PROVIDE AGREEMENT 2025 PHILIPPINE INDEPENDENCE DAY $5,500.00 COMMUNITY SERVICES 06/07/2025 * M WHITTIKER Original 25-104 MIXONE SOUND 2703 EVENT SERVICE PROVIDE AGREEMENT 2025 JUNETEENTH CELEBRATION $8,000.00 COMMUNITY SERVICES 06/14/2025 * J BOUDREAUX Original 25-107 APRIL DIAZ dba EZER & CO 8586 CONSULTANT LEADERSHIP DEVELOPMENT TRAINING $6,500.00 HUMAN RESOURCES 5/21/2025 5/20/2026 M WHITTIKER Original 25-109 FAITH MAULUPE 8623 EVENT SERVICE PROVIDE AGREEMENT 2025 SAMOAN HERITAGE FESTIVAL $1,200.00 COMMUNITY SERVICES 06/28/2025 * M WHITTIKER Original 25-110 YVETTE MA'O 4349 EVENT SERVICE PROVIDE AGREEMENT 2025 SAMOAN HERITAGE FESTIVAL $1,500.00 COMMUNITY SERVICES 06/28/2025 * M WHITTIKER Original 25-111 VINCENT VAIELUA 8302 EVENT SERVICE PROVIDE AGREEMENT 2025 SAMOAN HERITAGE FESTIVAL $2,500.00 COMMUNITY SERVICES 06/28/2025 * M WHITTIKER Original 25-112 PATRICIA MITAINA 8618 EVENT SERVICE PROVIDE AGREEMENT 2025 SAMOAN HERITAGE FESTIVAL $250.00 COMMUNITY SERVICES 06/28/2025 * D ROBERTS Amendment No. 2 23-116 WESTWARD DISASTER CONSULTANCY LLC 7905 CONSULTANT EOC TRAINING CONSULTANT $24,950.00 PUBLIC SAFETY 4/12/2023 4/12/2026 EXHIBIT NO. 1
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, June 17, 2025, 5:00 PM
CONSENT 14. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Administration Subject: CONSIDER A REPORT ON ALL INTRADEPARTMENTAL BUDGET TRANSFERS APPROVEDUNDER THE CITY MANAGER OR DESIGNEE AUTHORITY FOR THE MONTH OF APRIL AND MAY 2025 PERORDINANCE 24-2401 (CITY COUNCIL) I. SUMMARY
On February 20, 2024 (Item No. 27), Council adopted Ordinance 24 -2401 amending Section 2955.1 (Budget Transfers) of Chapter 9.5 (Fiscal Administration) of Article II (Administration) of the Carson Municipal Code (CMC).
CMC Section 2955.1 now requires that once per month during a regular City Council meeting, a list of all interdepartmental budget transfers approved under City Manager authority, including any Departmental Director- approved transfers, shall be presented to the City Council. Per CMC Section 2955.1, staff are presenting to Council a report of interdepartmental budget transfers authorized by the City Manager or designee for the period of April (Exhibit No. 1) and May 2025 (Exhibit No. 2).
This report outlines interdepartmental budget transfers for review by the City Council. It provides a comprehensive overview of the transfers and the impact on departmental operations. The report aims to ensure transparency and fiscal responsibility in managing the City's budget.
II. RECOMMENDATION
RECEIVE and FILE the report (Exhibit No. 1 & Exhibit No. 2).
III. ALTERNATIVES
TAKE another action the City Council deems appropriate and consistent with the requirements of the law.
IV. BACKGROUND
The City's budget is a critical tool for allocating resources to various departments and initiatives, ensuring the efficient delivery of services to residents. Throughout the fiscal year, departments may encounter unforeseen circumstances or evolving priorities that necessitate adjustments to their budgets. These adjustments often involve transferring funds between line items to address emerging needs or to capitalize on new opportunities.
In compliance with CMC 2955.1, the City Manager may approve any budget transfer within the same City department, except for transfers involving personnel-related funds or expenditures, such as salaries or benefits.
Department Directors may also approve interdepartmental budget transfers within their respective Departments on terms prescribed by the City Manager (subject to compliance with CMC 2955.1 and applicable law), except that:
(i) Department Directors shall not be permitted to approve any interdepartmental budget transfers involving personnel-related funds or expenditures, such as salaries or benefits; and (ii) the City Manager shall have authority to restrict (including by removing) the interdepartmental budget transfer authority of one or more Department Directors as deemed necessary in the City Manager’s sole discretion.
These requests undergo careful review to assess the justification, necessity, and potential impact of the proposed transfers. The City Manager's office then presents these monthly reports to the City Council.
Attached as Exhibit 1 is the Interdepartmental Budget Transfers Report for City Manager or designee authority executed in April 2025. Attached as Exhibit 2 is the Interdepartmental Budget Transfers Report for City Manager or designee authority executed in May 2025
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Interdepartmental Budget Transfers -April 2025
2. Interdepartmental Budget Transfers-May 2025
Attachments
Interdepartmental Budget Transfers -April 2025
Interdepartmental Budget Transfers-May 2025
City of Carson
JOURNAL INQUIRY
Report generated: 05/14/2025 17:33
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 44 BUA 04/07/2025 04/07/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10100840 6007 AW T Dolphin Park Pickle Ball C 13,600.00 101-90-950-101-6007- CS Operations ExcursFees 2 10100840 6014 AW T Dolphin Park Pickle Ball C 8,700.00 101-90-950-101-6014- CS Operations ConfTravel 3 10100840 6028 AW T Dolphin Park Pickle Ball C 5,000.00 101-90-950-101-6028- Liability Insurance 4 10100840 6004 AW T Dolphin Park Pickle Ball C 27,300.00 101-90-950-101-6004- CS Operations Pro Svcs ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 47 BUA 04/07/2025 04/07/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10909160 6079 AW T Cinco De Mayo and Memorial 25,000.00 101-90-970-105-6079- CS Landscape Maint. Water 2 10909150 6009 AW T Cinco De Mayo and Memorial 25,000.00 101-90-970-107-6009- Materials & Supplies ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 48 BUA 04/08/2025 04/08/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 22200000 8002 AW T Reso-25-044 1,430,000.00 222-80-820-904-8002- Land 2 22200010 3910 AW 1,430,000.00 1 222-99-999-999-3910- Appropriation Control 3 22200010 3930 AW 1,430,000.00 1 222-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 1,430,000.00 1,430,000.00 City of Carson
JOURNAL INQUIRY
Report generated: 05/14/2025 17:33
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 50 BUA 04/08/2025 04/08/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 28808050 8009 AW T Reso 25-026 198,475.00 289-80-820-904-8009- Infrastructure Roadways 2 28808050 8008 AW T Reso 25-026 198,475.00 289-80-820-904-8008- Improvements Other Than Bldg ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 52 BUA 04/08/2025 04/08/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 28707020 6004 AW T Reso 25-042 508,725.00 289-70-701-100-6004- Professional Services 2 28900000 3910 AW 508,725.00 1 289-99-999-999-3910- Appropriation Control 3 28900000 3930 AW 508,725.00 1 289-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 508,725.00 508,725.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 53 BUA 04/08/2025 04/08/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 22000000 8023 AW T Reso 25-039 1,522,350.00 220-80-820-904-8023- CIP - Traffic Signal 2 28808050 8009 AW T Reso 25-039 322,350.00 289-80-820-904-8009- Infrastructure Roadways 3 28808050 8023 AW T Reso 25-039 322,350.00 289-80-820-904-8023- CIP - Traffic Signal 4 10101340 6004 AW T Reso 25-039 15,383.13 101-99-999-904-6004- Professional Services 5 10101340 8023 AW T Reso 25-039 15,383.13 101-99-999-904-8023- CIP - Traffic Signal 6 22000020 3910 AW 1,522,350.00 1 220-99-999-999-3910- Appropriation Control City of Carson
JOURNAL INQUIRY
Report generated: 05/14/2025 17:33
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 53 BUA 04/08/2025 04/08/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 7 22000020 3930 AW 1,522,350.00 1 220-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 1,522,350.00 1,522,350.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 163 BUA 04/16/2025 04/16/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 22707040 5002 AW T Reso 25-041 61,020.00 223-70-720-100-5002- Full-Time Salaries 2 22707040 6004 AW T Reso 25-041 425,500.00 223-70-720-100-6004- Professional Services 3 22707040 6009 AW T Reso 25-041 1,480.00 223-70-720-100-6009- Materials & Supplies 4 22707040 6014 AW T Reso 25-041 12,000.00 223-70-720-100-6014- Conference and Travel 5 22999060 3910 AW 500,000.00 1 223-99-999-999-3910- Appropriation Control 6 22999060 3930 AW 500,000.00 1 223-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 500,000.00 500,000.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 174 BUA 04/17/2025 04/17/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10101150 6001 AW T Veterans Park Summer Day C 1,350.00 101-90-950-763-6001- CS KC Mills CityBusUse 2 10101150 6004 AW T Veterans Park Summer Day C 650.00 101-90-950-763-6004- Professional Services 3 10101150 6007 AW T Veterans Park Summer Day C 2,218.30 101-90-950-763-6007- CS KC Mills ExcursFees 4 10101150 6009 AW T Veterans Park Summer Day C 200.00 101-90-950-763-6009- CS KC Mills Supplies City of Carson
JOURNAL INQUIRY
Report generated: 05/14/2025 17:33
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 174 BUA 04/17/2025 04/17/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 5 10101150 7002 AW T Veterans Park Summer Day C 1,000.00 101-90-950-763-7002- CS Kids Club Mills Park Equip 6 10101180 6004 AW T Veterans Park Summer Day C 650.00 101-90-950-794-6004- CS KC C Crest Pro Svcs 7 10101180 6007 AW T Veterans Park Summer Day C 1,898.00 101-90-950-794-6007- CS KC C Crest ExcursFees 8 10101180 6009 AW T Veterans Park Summer Day C 436.69 101-90-950-794-6009- CS KC C Crest Supplies 9 10101180 7002 AW T Veterans Park Summer Day C 1,000.00 101-90-950-794-7002- Equipment Rental 10 10101110 6009 AW T Veterans Park Summer Day C 9,402.99 101-90-950-743-6009- CS KC Vets Supplies ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 250 BUA 04/23/2025 04/23/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10525050 6004 AW T City Membership 810.00 101-52-540-101-6004- Professional Services 2 10525050 6006 AW T City Membership 810.00 101-52-540-101-6006- City Memberships ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 264 BUA 04/24/2025 04/24/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10100540 6500 AW T Advertising Invoices 1,000.00 101-80-801-100-6500- Waste Resources Technology 2 10100540 6003 AW T Advertising Invoices 1,000.00 101-80-801-100-6003- PW Mgt&Contrl Printing ** JOURNAL TOTAL 0.00 0.00 City of Carson
JOURNAL INQUIRY
Report generated: 05/14/2025 17:33
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 10 267 BUA 04/24/2025 04/24/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10909160 6079 AW T Mats. for City Hall Garden 50,000.00 101-90-970-105-6079- CS Landscape Maint. Water 2 10909160 6009 AW T Mats. for City Hall Garden 20,000.00 101-90-970-105-6009- Materials & Supplies 3 10909150 6009 AW T Mats. for City Hall Garden 30,000.00 101-90-970-107-6009- Materials & Supplies ** JOURNAL TOTAL 0.00 0.00 ** GRAND TOTAL 3,961,075.00 3,961,075.00 11 Journals printed
** END OF REPORT - Generated by Ashton Watts **
City of Carson
JOURNAL INQUIRY
Report generated: 06/02/2025 07:39
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 113 BUA 05/06/2025 05/06/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 28808050 8009 AW T Reso 25-026 Reversal 198,475.00 289-80-820-904-8009- Infrastructure Roadways 2 28808050 8008 AW T Reso 25-026 Reversal 198,475.00 289-80-820-904-8008- Improvements Other Than Bldg ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 114 BUA 05/06/2025 05/06/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 28808050 8009 AW T Reso 25-026 Correction 198,475.52 289-80-820-904-8009- Infrastructure Roadways 2 28808050 8008 AW T Reso 25-026 Correction 198,475.52 289-80-820-904-8008- Improvements Other Than Bldg ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 176 BUA 05/13/2025 05/13/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 21507030 6062 AW T Reso 25-054 552,940.25 215-50-720-964-6062- CM Housing Neigh Pride Prog 2 21507060 6062 AW T Reso 25-054 256,826.25 215-50-720-968-6062- CV-Residential Rehabilitation 3 21500070 3910 AW 809,766.50 1 215-99-999-999-3910- Appropriation Control 4 21500070 3930 AW 809,766.50 1 215-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 809,766.50 809,766.50 City of Carson
JOURNAL INQUIRY
Report generated: 06/02/2025 07:39
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 177 BUA 05/13/2025 05/13/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 77707010 8009 AW T Reso 25-060 5,000,000.00 775-70-778-904-8009- CRA - Infrastructure Roadways 2 77999010 3910 AW 5,000,000.00 1 775-99-999-999-3910- Appropriation Control 3 77999010 3930 AW 5,000,000.00 1 775-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 5,000,000.00 5,000,000.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 179 BUA 05/13/2025 05/13/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 21909080 8003 AW T Reso 25-058 40,157.28 217-90-970-107-8003- Vehicles/Rolling Inventory 2 22908010 8003 AW T Reso 25-058 170,716.92 225-90-820-276-8003- Vehicles/Rolling Inventory 3 21700010 3910 AW 40,157.28 1 217-99-999-999-3910- Appropriation Control 4 22500010 3910 AW 170,716.92 1 225-99-999-999-3910- Appropriation Control 5 21700010 3930 AW 40,157.28 1 217-99-999-999-3930- Budget FB Unrestricted Control 6 22500010 3930 AW 170,716.92 1 225-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 210,874.20 210,874.20
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 181 BUA 05/13/2025 05/13/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 28808050 6004 AW T Resolution 25-052 300,000.00 289-80-820-904-6004- PW - DIF Professional Services 2 28808050 8009 AW T Resolution 25-052 150,000.00 289-80-820-904-8009- Infrastructure Roadways City of Carson
JOURNAL INQUIRY
Report generated: 06/02/2025 07:39
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 181 BUA 05/13/2025 05/13/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 3 28808050 8008 AW T Resolution 25-052 450,000.00 289-80-820-904-8008- Improvements Other Than Bldg ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 182 BUA 05/13/2025 05/13/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 28808110 8023 AW T Reso 25-051 350,000.00 282-80-820-904-8023- CIP - Traffic Signal 2 28999080 3910 AW 350,000.00 1 282-99-999-999-3910- Appropriation Control 3 28999080 3930 AW 350,000.00 1 282-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 350,000.00 350,000.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 204 BUA 05/14/2025 05/14/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 21900000 8003 AW T Reso 25-046 120,000.00 219-90-940-180-8003- CS Carson Circuit Vehicle Inv 2 21808010 8023 AW T Reso 25-046 75,000.00 219-80-820-904-8023- CIP - Traffic Signal 3 21808010 8023 AW T Reso 25-046 225,000.00 219-80-820-904-8023- CIP - Traffic Signal 4 21900020 3910 AW 420,000.00 1 219-99-999-999-3910- Appropriation Control 5 21900020 3930 AW 420,000.00 1 219-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 420,000.00 420,000.00 City of Carson
JOURNAL INQUIRY
Report generated: 06/02/2025 07:39
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 214 BUA 05/15/2025 05/15/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 24400000 6009 AW T Special Events Transfer (R 84,000.00 244-90-950-709-6009- CS Specl Evnt Supplies 2 24400000 6004 AW T Special Events Transfer (R 166,674.00 244-90-950-709-6004- CS Specl Evnt Pro Svcs 3 24400010 3910 AW 82,674.00 1 244-99-999-999-3910- Appropriation Control 4 24400010 3930 AW 82,674.00 1 244-99-999-999-3930- Budget FB Unrestricted Control ** JOURNAL TOTAL 82,674.00 82,674.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 305 BUA 05/22/2025 05/22/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10808030 6004 AW T Mats. for Facilities Divis 60,000.00 101-80-840-110-6004- Professional Services 2 10100630 6004 AW T Mats. for Facilities Divis 50,000.00 101-80-840-102-6004- PW Bldg Maint Pro Svcs 3 10808030 6004 AW T Mats. for Facilities Divis 60,000.00 101-80-840-110-6004- Professional Services 4 10100630 6004 AW T Mats. for Facilities Divis 50,000.00 101-80-840-102-6004- PW Bldg Maint Pro Svcs ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 306 BUA 05/22/2025 05/22/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10808030 6004 AW T Mats. for Facilities Divis 60,000.00 101-80-840-110-6004- Professional Services 2 10100630 6004 AW T Mats. for Facilities Divis 50,000.00 101-80-840-102-6004- PW Bldg Maint Pro Svcs 3 10808030 6009 AW T Mats. for Facilities Divis 60,000.00 101-80-840-110-6009- Materials & Supplies City of Carson
JOURNAL INQUIRY
Report generated: 06/02/2025 07:39
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 306 BUA 05/22/2025 05/22/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 4 10100630 6009 AW T Mats. for Facilities Divis 50,000.00 101-80-840-102-6009- PW Bldg Maint Supplies ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 307 BUA 05/22/2025 05/22/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10808030 6004 AW T Funding for Cubicles 25,000.00 101-80-840-110-6004- Professional Services 2 10808030 6009 AW T Funding for Cubicles 25,000.00 101-80-840-110-6009- Materials & Supplies ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 308 BUA 05/22/2025 05/22/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10555030 6056 AW T Conference Costs 2,000.00 101-55-592-251-6056- Training 2 10555030 6014 AW T Conference Costs 2,000.00 101-55-592-251-6014- Conference and Travel ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 358 BUA 05/29/2025 05/29/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10909160 6079 AW T Pickle Ball Fencing Projec 10,000.00 101-90-970-105-6079- CS Landscape Maint. Water City of Carson
JOURNAL INQUIRY
Report generated: 06/02/2025 07:39
User: awatts
Program ID: glcjeinq
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 358 BUA 05/29/2025 05/29/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 2 10909150 6004 AW T Pickle Ball Fencing Projec 10,000.00 101-90-970-107-6004- Professional Services ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 359 BUA 05/29/2025 05/29/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10100860 6001 AW T Public Address System 4,186.23 101-90-950-151-6001- CS Carson Pk CityBusUse 2 10100860 6007 AW T Public Address System 1,500.00 101-90-950-151-6007- CS Carson Pk ExcursFees 3 10100860 6020 AW T Public Address System 1,000.00 101-90-950-151-6020- CS Carson Pk CPUExp 4 10100860 6009 AW T Public Address System 6,686.23 101-90-950-151-6009- CS Carson Pk Supplies ** JOURNAL TOTAL 0.00 0.00
YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 11 360 BUA 05/29/2025 05/29/2025 BUDGET TXFawatts 1 N Hist 2025 LN ORG OBJECT PROJ REF1 REF2 REF3 LINE DESCRIPTION DEBIT CREDIT OB
ACCOUNT ACCOUNT DESCRIPTION 1 10100900 6020 AW T Del Amo Park Sound System 4,075.00 101-90-950-252-6020- CS Del Amo Pk CPUExp 2 10100900 6009 AW T Del Amo Park Sound System 4,075.00 101-90-950-252-6009- CS Del Amo Pk Supplies ** JOURNAL TOTAL 0.00 0.00 ** GRAND TOTAL 6,873,314.70 6,873,314.70 16 Journals printed
** END OF REPORT - Generated by Ashton Watts **
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, June 17, 2025, 5:00 PM
CONSENT 15. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance Subject: CONSIDER APPROVING AN INCREASE TO THE NOT-TO-EXCEED PURCHASE LIMITS ANDPURCHASE TERMS FOR AMAZON BUSINESS AND STAPLES ADVANTAGE PURSUANT TO CMC SECTION2611(G) COOPERATIVE PURCHASING (CITY COUNCIL) I. SUMMARY
Municipalities use competitively solicited Cooperative Purchasing Agreements by other government agencies andorganizations to maximize cost savings and efficiently use staff resources when purchasing goods and services.Omnia Partners, Public Sector (“Omnia Partners”) partnered with the State of Utah in 2025 to award Contract#LS4679 (Exhibit No. 1) to Amazon.com Service LLC dba Amazon Business ("Amazon") for purchasing of onlinemarketplace services and easy-access to business-relevant products, supplies, and products, and to make acooperative contract available to public agencies nationally through Omnia Partners’ cooperative purchasingprogram. Similarly, Sourcewell partnered with the State of Minnesota in 2024 to award Contract #070924-SCC(Exhibit No. 2) to Staples Contract & Commercial LLC for purchases of office supplies and workplace solutions andto make a cooperative contract available to public agencies nationally through Sourcewell's cooperative purchasingprogram. The City is an active member of both cooperative purchasing programs and is eligible for the benefits ofcost savings, competitive pricing, and other purchasing terms extended through the respective cooperativeagreements. The City Council has previously authorized the use of the previous cooperative purchasing agreements which havesince expired, and staff is now presenting current agreements for approval of not-to-exceed Citywide purchaselimits on a per fiscal year basis, pursuant to CMC Section 2611(g), to ensure ongoing support of Citywide needs forvarious materials, supplies, and equipment offered competitively through Amazon Business and StaplesAdvantage.
II. RECOMMENDATION
TAKE the following action:
1. AUTHORIZE the City to make purchases of materials, supplies, and equipment from Amazon Business in a cumulative amount not to exceed $300,000 per fiscal year (representing a $100,000 increase from the February 2025 approval of the previous agreement), effective through May 5, 2030 and for each fiscal year contained within said effective period, pursuant to Omnia Partners Contract No. LS4679 and APPROVE purchase orders to be used as needed to effectuate such purchases pursuant to CMC Section 2605 in the determination of the Purchasing Manager.
2. AUTHORIZE the City to make purchases of materials, supplies, equipment, and janitorial supplies from Staples Advantage in a cumulative amount not to exceed $400,000 per fiscal year, effective through February 2, 2029 and for each fiscal year contained within said effective period, pursuant to Soucrewell Contract No. 070924-SCC and APPROVE purchase orders to be used as needed to effectuate such purchases pursuant to CMC Section 2605 in the determination of the Purchasing Manager.
III. ALTERNATIVES
TAKE another action as deemed appropriate by the City Council, consistent with the requirements of the law.
IV. BACKGROUND
Municipalities use competitively solicited Cooperative Purchasing Agreements by other government agencies andorganizations to maximize cost savings and efficiently use staff resources when purchasing goods and services.The City has active memberships in various cooperative agencies, including Omnia Partners and Sourcewell. Bothplatforms offer its members national buying power, securing competitively solicited pricing for a wide variety ofmaterials, supplies, equipment, and much more across various industries. Participation in these cooperativeagreements allows the City to leverage local supplies at bulk pricing. On February 4, 2025, the City Council approved the use of cooperative purchasing agreement with AmazonBusiness and Omnia Partners affording an opportunity to local government agencies for cost-saving solutions thatsimplify procurement and help drive compliance with purchasing requirements. The Purchasing Division haslaunched and successfully implemented the City's use of the Amazon online platform, enabling Staff to searchlocally for eligible purchases, establish workflow rules and regulations, and gain quicker access to materials,supplies, and equipment required to carry out various functions throughout the City. On May 6, 2025, OmniaPartners awarded contract no. LS4679 to Amazon.Com Service LLC dba Amazon Business which enables eligibleusers to participate in the competitive terms, conditions, and pricing of master contract #LS4679. This CooperativePurchasing Agreement was created, competitively bid, evaluated, and awarded by Omnia Partners through Requestfor Proposals #TR24-8. Staff is now seeking the Council's approval to continue participation in Amazon Businesscooperative agreement no. LS4679 for a not-to-exceed amount of $300,000 per fiscal year through the initial termof the agreement, May 5, 2030, any subsequent extension periods allowed within the agreement, and each fiscalyear which falls within this term. On May 3, 2022, the City Council approved the use of a cooperative purchasing agreement with Staples LLC andSourcewell for a not-to-exceed amount of $400,000 per fiscal year. On February 3, 2025, Sourcewell awardedcontract #070924-SCC to Staples which gives eligible users access to various office supplies, paper, toner, janitorialsupplies, and more. This Cooperative Purchasing Agreement was created, competitively bid, evaluated, andawarded by Omnia Partner through Request for Proposals #070924. Staff is now seeking the Council's approval tocontinue participation in the Staples cooperative agreement no. 070924-SCC for a not-to-exceed amount of$400,000 per fiscal year through the initial term of the agreement, February 2, 2029, any subsequent extensionperiods allowed within the agreement, and each fiscal year which falls within this term. These cooperative purchasing agreements will allow the City of Carson to gain access to thousands of products atcompetitive pricing and terms which would not generally be afforded to the City if the City were to conduct its ownRequest for Proposals considering the City's individual volume for needed materials, supplies, and equipment. The City’s Purchasing Manager has determined that the competitive bidding or proposal process utilizedSourcewell and Omnia Partners complies with the requirements of Section 2611(g) of the Carson Municipal Code(CMC) and has therefore, waived the formal bidding process for procurement of the materials, supplies, andequipment. The Purchasing Manager has also waived the contract requirement as permitted under Section 2606(b)(1)(ii) of the CMC (Exhibit No. 3; Exhibit No. 4).
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Omnia Partners Agreement #LS4679 2. Sourcewell Agreement #070924-SCC3. Purchasing Waiver - #LS46794. Purchasing Waiver - #070924-SCC
Attachments
OMNIA PARTNERS AGREMEENT #LS4679.pdf
SOURCEWELL AGREEMENT #070924-SCC.pdf
PURCHASING WAIVER - #LS4679.pdf
PURCHASING WAIVER - #070924-SCC.pdf
Con
tract #
for
with
Effect
ive:
EXHIIBIT NO. 1
The following documents comprise the executed contract
effective:
I. Vendor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by
reference
Contract Manager can be found at www.statecontracts.utah.gov on the contract landing page. (Revised 8/12/2024)
OMNIA COOPERATIVE CONTRACT - MASTER AGREEMENT
1. CON
TRACTING PARTIES: This contract is between the Division of Purchasing and the following Contractor:
Amazon.com Services LLC dba Amazon Business
Name
410 Terry Avenue North
Address
Seattle WA 98109
City State Zip
LEGAL STATUS OF CONTRACTOR
Sole Proprietor
Non-Profit Corporation
For-Profit Corporation
Partnership
Government Agency
Contact Person William Burnett Phone #404-807-9996 Email [email protected] Vendor #VC220555 Commodity Code #00000
2. CONTRACT PORTFOLIO NAME: Online Marketplace
3. PROCUREMENT:
This contract is entered into as a result of Solicitation #TR24-8.
4. CONTRACT PERIOD: Effective Date: 05/06/2025 Termination Date: 05/05/2030 unless terminated early or extended in accordance with
the terms and conditions of this contract. Renewal options (if any): N/A.
5. Prompt Payment Discount (if any): N/A. Price Guarantee Period (if any): N/A.
6. Administrative
Fee, as described in the Administrative Agreement between Omnia and Amazon Business: Established by Omnia and t
he participating entities upon establishing a participating addendum, as required.
7. ATTACHMENT A: State of Utah Standard Terms and Conditions for Goods Services, or IT
ATTACHMENT
B: Amazon Business Account Terms and Conditions
ATTACHMENT
C: Scope of Work
ATTACHMENT D: Pricing/Catalog
Any
conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A.
8. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED:
a. All
other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah State Procurement Code, Procurement Rules, the Solicitation, and Contractor’s response to the Solicitation.
9. Each person signing
this Agreement represents and warrants that he/she is duly authorized and has legal capacity to execute and deliver this
Agreement and bind the parties hereto. Each signatory represents and warrants to the other that the execution and delivery of the Agreement
and the performance of each party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal
agreement binding on the parties and enforceable in accordance with its terms.
IN
WITNESS WHEREOF, the parties sign and cause this contract to be executed. Notwithstanding verbal or other representations by the parties, the "Effective Date" of this Contract shall be the date provided within Section 4 above.
CONTRACTOR
Contractor’s Signature Print Name Title Date STATE
Dir
ector, Division of Purchasing Date
Contract # LS4679
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Authorized Representative April 15, 2025Oscar Montes
Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 4/21/2025
1 ATTACHMENT A: STATE OF UTAH STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES
1. DE
FINITIONS: The following terms shall have the meanings set forth below:
a) “Confidential Information” means information that is deemed as confidential under applicable state and federal laws, including personal information. The Eligible User reserves the right to identify, during and after this Contract, additional reasonable types of categories of information that must be kept confidential under federal and state laws. b) “C ontr act” means the Contract Signature Page(s), including all referenced attachments and documents incorporated by reference. The term “Contract” shall include any purchase orders that result from this Contract. c) “Co ntract Signature Page(s)” means the State of Utah cover page(s) that the Division and Contractor signed. d) “Contractor” means the individual or entity delivering the Procurement Item identified in this Contract. The term “Contractor” shall include Contractor’s agents, officers, employees, and partners. e) “C ustom Deliverable” means the Work Product that Contractor is required to deliver to the Eligible User under this Contract.
f) “D ivision” means the Division of Purchasing and General Services. g) “Eligible User(s)” means those authorized to use State Cooperative Contracts and includes the State of Utah’s government departments, institutions, agencies, political subdivisions (e.g., colleges, school districts, counties, cities, etc.), and, as applicable, nonprofit organizations, agencies of the federal government, or any other entity authorized by the laws of the State of Utah to participate in State Cooperative Contracts, including agencies nationwide registered with OMNIA Partners, Public Sector are eligible to participate in any subsequent Contract. h) “E nd User Agreement ” means any agreement that Eligible Users are required to sign in order to participate in this Contract, including an end user agreement, customer agreement, memorandum of understanding, statement of work, lease agreement, service level agreement, or any other named separate agreement. i) "Procurement Item " means a supply, a service, Custom Deliverable, construction, or technology that Contractor is required to deliver to the Eligible User under this Contract. j) “R esponse ” means the Contractor’s bid, proposals, quote, or any other document used by the Contractor to respond to the Solicitation.
k) “So licitation ” means an invitation for bids, request for proposals, notice of a sole source procurement, request for statement of qualifications, request for information, or any document used to obtain bids, proposals, pricing, qualifications, or information for the purpose of entering into this Contract. l) “Sta te of Utah ” means the State of Utah, in its entirety, including its institutions, agencies, departments, divisions, authorities, instrumentalities, boards, commissions, elected or appointed officers, employees, agents, and authorized volunteers.
m) “S ubcontractors ” means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction, including a trade contractor or specialty contractor. n) “Wo rk Product ” means every invention, modification, discovery, design, development, customization, configuration, improvement, process, software program, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not pate ntable or registerable under copyright or similar statutes or subject to analogous protection) that is specifically made, conceived, discovered, or reduced to practice by Contractor or Contractor’s Subcontractors (either alone or with others) pursuant to this Contract. Work Product shall be considered a work made for hire under federal, state, and local laws; and all interest and title shall be transferred to and owned by the Eligible User. Notwithstanding anything in the immediately preceding sentence to the contrary, Work Product does not include any Eligible User intellectual property, Contractor’s intellectual property (that it owned or licensed prior to this Contract) or Third Party intellectual property.
2. G
OVERNING LAW AND VENUE: This Contract shall be governed by the laws, rules, and regulations of the State of Utah.
Any action or proceeding arising from this Contract shall be brought in a court of competent jurisdiction in the State of Utah.
Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County.
3. LAWS AND REGULATIONS: At all times during this Contract, Contractor and all Procurement Items delivered and/or performed under this Contract will comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. If this Contract is funded by federal funds, either in whole or in part, then any federal regulation related to the federal funding, which the parties mutually agree to in writing, including CFR Appendix II to Part 200, will supersede this Attachment. Eligible Users shall inform Contractor if federal funds are used under this Agreement and propose those additional contract terms to be included.
4. RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all records necessary to properly account for Contractor’s performance and the payments made by Eligible Users to Contractor under this Contract. These records shall be retained by Contractor for at least six (6) years after final payment, or until all audits initiated within the six (6) years have been completed, whichever is later. Contractor will provide Eligible Users access to Amazon Business Analytics (“ABA”) whereby Eligible Users may generate reports based on purchasing activity pertinent to the contract for the purpose of making audits, examinations, excerpts, and transcriptions. ABA functionality will include the ability to customize, view, and download reports including order details, refunds, returns, and reconciliation.
5. PERMITS: If necessary Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of this Contract.
6. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: The Status Verification Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 2 System, also referred to as “E -verify”, only applies to contracts issued through a Request for Proposal process, to sole sources that are included within a Request for Proposal, and when Contractor employs any personnel in Utah. a) Contractor certifies, to the best of its knowledge and belief at the time of submission, as to its own entity, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws. b) Contractor’s failure to comply with this section will be considered a material breach of this Contract.
7. CONFLICT OF INTEREST: Contractor represents, to the best of its knowledge and belief at the time of subm ission, that none of its officers or employees are officers or employees of the Division or the State of Utah, unless disclosure has been made to the Division.
8. INDEPENDENT CONTRACTOR: Contractor and Subcontractors, in the performance of this Contr act, shall act in an independent capacity and not as officers or employees or agents of the Division or the State of Utah.
9. CONTRACTOR RESPONSIBILITY: Contractor is solely responsible for fulfilling the c ontract, with responsibility for all Procurement Items delivered and/or perform ed as stated in this Contract. Contractor shall be the sole point of c ontact regarding all contrac tual matters. Contractor must incorporate Contractor ’s responsibilities under this Contract into every subcontract with its S ubcontractors that will provide the Procurement Item(s) to the E ligible Users under this Contract.
Moreover, Contractor is responsible for its Subcontractors com pliance under this Contract.
10. INDEMNITY: Notwithstanding anything else to the contrary in this Agr eement, neither party s hall be responsible for indemnifying the other party for any claims.
11. EMPLOYMENT PRACTICES: Contractor agrees to abide by the following federal and state employment laws, including: (i) Title VI and VII of the Civil Rights Ac t of 1964 (42 U.S.C. 2000e), which prohibits disc rimination against any em ployee or applicant for employm ent or any applicant or recipient of servic es on the basis of race, religion, color, or national origin; (ii) Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; (iii) 45 CFR 90, which pr ohibits discrimination on the basis of age; (iv) Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disabilities; and ( v) Utah's Executive Order 2019-1, dated February 5, 2019, which prohibits unlawful harassment in the workplace. Contractor further agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor’s employees. Contrac tor agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contr actor’s employees.
12. AMENDMENTS: This Contract may only be amended by the mutual written agreement of the parties , provided that the amendment is within the Scope of Work of this Contract and is within the s cope/purpose of the original solicitation for which this Contract was derived. The amendment will be attached and made part of this Contract. Automatic renewals will not apply to this Contract, even if listed elsewhere in this Contract.
13. DEBARMENT: Contractor certifies, to the bes t of its knowledge and belief at the time of submission, that it is not presently nor has ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local. Contractor must promptly notify the Division if debarred, suspended, proposed for debarment, declared ineligible, or v oluntarily excluded from participation in any contract by any governmental entity during this Contract.
14. TERMINATION: This Contract may be terminated, with cause by either party , in advance of the specified expiration date, upon written notice given by the other party. The party in violation will be given ten (10) days after written notification to correct and cease the violations, after which this Contract may be terminated for cause immediately and subject to the remedies below. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by either Party, upon thirty (30) days written termination notice being given to the other party. The Division and the Contractor may terminate this Contract, in whole or in part, at any time, by mutual agreement in writing.
On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved and conforming Procurement Items ordered prior to date of termination. In no event shall the Eligible Users be liable to the Contractor for compensation for any Procurement Item neither requested by an Eligible User. In no event shall the Division’s exercise of its right to terminate this Contract for convenienc e relieve the Contractor of any liability to the Eligible Users for any damages or claims arising under this Contract.
15. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: Upon thirty (30) days written notice delivered to the Contractor, a purchase order that results from this Contract may be terminated in whole or in part at the sole discretion of an Eligible User, if an Eligible User reasonably deter mines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this Contract; or (ii) that a change in available funds affec ts an Eligible User ’s ability to pay under this Contract. A change of available funds as used in this paragraph includes, but is not limited to a change in Federal or S tate funding, whether as a result of a legislative act or by order of the President or the Governor.
If a written notice is delivered under this section, an Eligible User will reim burse Contr actor for the Pr ocurement Item(s) Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 3 properly ordered and/or properly performed until the effective date of said notice. An Eligible User will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice.
16. SALES TAX EXEMPTION: The Procurement Item(s) under this Contr act will be paid for from an Eligible User ’s funds and used in the exercise of an Eligible Users essential functions. The Amazon Tax Ex emption Program (ATEP) allows Amazon Business customers to apply a tax-e xemption status to eligible purchases from Amazon and affiliates or other participating selling partners. To apply tax-e xempt status to eligible pur chases, organizations enroll their business acc ount in ATEP. An administrator with an Amazon account already enrolled can migrate their ATEP settings in Business Settings. The Amazon Tax Exemption Wizard guides the process of enrolling. Tax-exempt status usually activates within 15 minutes of enrolling. If the organization must upload a certificate, approval takes up to 24 hours. NOTE: ATEP is offered to selling partners but they are not required to partic ipate. As a result, your exemption may not apply to sales sold by nonpar ticipating selling partners.
As a result, Amazon Business allows for organizations to set a policy on that account that restricts or blocks selling partners that do not participate in A TEP. For more infor mation, please see the ATE P Terms and Conditions:
https://www.amazon.com/gp/help/customer/display.html/?nodeId=200770210& pop-up=1.
17. WARRANTY OF PROCUREMENT ITEM(S): Warranties for all goods and products purchased under the Contract shall be subject to Section 4 (Disclaimer) of the Amazon Business Accounts Terms and Conditions, subject to the limitations of Section
8.3 (Public Sector Entity).
18. CONTRACTOR’S INSURANCE RESPONSIBILITY. The Contractor shall maintain the following insurance coverage:
a. Workers’ compensation insurance during the term of this Contract for all its employees related to this Contract.
Workers’ compensation insurance shall cover full liability under the workers’ compensation laws of the jurisdiction in which the work is performed at the statutory limits required by said jurisdiction. b. Commercial general liability [CGL] insurance fr om an insurance company authorized to do business in the State of Utah. The limits of the CGL insurance policy will be no less than one million dollars ($1,000,000.00) per person per occurrence and three million dollars ($3,000,000.00) aggregate. c. Commercial automobile liability [CAL] insurance from an insurance company authorized to do business in the State of Utah. The CAL insurance policy must cover bodily injury and property damage liability and be applicable to all vehicles used in your performance of Services under this Agreement whether owned, non-o wned, leased, or hired.
The minimum liability limit must be $1 million per occurr ence, combined single lim it. The CAL insurance policy is required if Contractor will use a vehicle in the performance of this Contract.
C
ertificate of Insurance, showing up-to-date coverage, shall be on file with the State before the Contract may commence.
F
ailure to provide proof of insurance as required will be deemed a material breach of this Contract. Contractor’s failure to maintain this insurance requirement for the term of this Contract will be grounds for immediate termination of this Contract.
19. R
ESERVED.
20. PUBLIC INFORMATION: Contractor agrees that this Contract, related purchase orders, related pricing documents, and invoices will be public documents and may be available for public and private distribution in accordance with the State of Utah’s Government Records Access and Management Act (GRAMA). Contractor gives the Division, the Eligible Users, and the State of Utah express permission to make copies of this Contract, related sales orders, related pricing documents, and invoices in accordance with GRAMA. Except for sections identified in writing by Contractor and expressly approved by the Division, Contractor also agrees that the Contractor’s Response will be a public document, and copies may be given to the public as permitted under GRAMA. Notwithstanding anything in the RFP #TR24-8 or resultant contract terms and conditions to the contrary, the State of Utah will provide Amazon Business with reasonable prior written notice before disclosing any information in the Amazon Business proposal labeled as Confidential or trade secret as set forth herein, so that Amazon Business may pursue any and all remedies available at law.
21. DELIVERY: S
hipping and delivery of all goods and products purchased under the Contract shall be subj ect to Section 3 of the Amazon Business Accounts Terms and Conditions.
22. ACCEPTANCE AND REJECTION: Inspection and Acceptance for all goods and products purchased under the Contract shall be subject to Section 3 of the Amazon Business Accounts Terms and Conditions.
23. INVOICING: Invoices for all goods and products purchased under the Contract shall be subject to Section 3 of the Amazon Business Accounts Terms and Conditions.
24. PAYMENT: The payment method for all goods and products purchased under the Contract shall be subject to Section 3 of the Amazon Business Accounts Terms and Conditions.
25. Deleted - INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY
26. Deleted - OWNERSHIP IN INTELLECTUAL PROPERTY
27. Deleted - OWNERSHIP IN CUSTOM DELIVERABLES
28. ASSIGNMENT: Assignment of the Contract shall be subject to Section 15.2 (Assignment) of the Amazon Business Accounts Terms and Conditions.
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 4 29. REMEDIES: Disputes under the Contract shall be subject to Section 8.2 (Disputes) of the Amazon Business Accounts Terms and Conditions, subject to the limitations of Section 8.3 (Public Sector Entity).
30. FORCE MAJEURE: Neither an Eligible User nor Contractor will be held responsible for delay or default caused by fire, riot, act of God, and/or war which is beyond that party's reasonable control. An Eligible User may terminate a purchase order resulting from this Contract after determining such delay will prevent Contractor’s successful performance of this Contract.
31. CONFIDENTIALITY: If Confidential Information is disclosed by either Party (Disclosing Party), the Receiving Party shall: (i) advise its agents, officers, employees, partners, and Subcontractors of the obligations set forth in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not disclose any Confidential Information received by it to any third parties. Receiving Party will promptly notify an Disclosing Party of any potential or actual misuse or misappropriation of Confidential Information.
Receiving Party shall be responsible for any breach of this duty of confidentiality, including any required remedies and/or notifications under applicable law. Receiving Party shall indemnify, hold harmless, and defend the Disclosing Party, including anyone for whom the Disclosing Party is liable, from claims related to a breach of this duty of confidentiality, including any notification requirements, by Receiving Party or anyone for whom the Receiving Party is liable.
Upon termination or expiration of this Contract, and receipt of a request from the Disclosing Party to do so, Receiving Party will return all copies of Confidential Information to the Disclosing Party or certify, in writing, that the Confidential Information has been destroyed. This duty of confidentiality shall be ongoing and survive the termination or expiration of this Contract.
32. LARGE VOLUME DISCOUNT PRICING: Eligible Users may seek to obtain additional volume discount pricing for large orders provided Contractor is willing to offer additional discounts for large volume orders. No amendment to this Contract is necessary for Contractor to offer discount pricing to an Eligible User for large volume purchases.
33. ELIGIBLE USER PARTICIPATION: Participation under this Contract by Eligible Users is voluntarily determined by each Eligible User. Contractor agrees to supply each Eligible User with Procurement Items based upon the same terms, conditions, and prices of this Contract.
34. INDIVIDUAL CUSTOMERS: Each Eligible User that purchases Procurement Items from this Contract will be treated as individual customers. Each Eligible User will be responsible to follow the terms and conditions of this Contract. Contractor agrees that each Eligible User will be responsible for their own charges, fees, and liabilities. Contractor shall apply the charges to each Eligible User individually. The Division is not responsible for any unpaid invoice.
35. RESERVED.
36. ORDERING: Orders will be placed by the using Eligible User directly with Contractor. All orders will be shipped promptly in accordance with the terms of this Contract.
37. END USER AGREEMENTS Use of Amazon Business is governed by the Amazon Business Accounts Terms and Conditions.
An Eligible User will need to have an active Amazon Business account to utilize Amazon Business.
38. PUBLICITY: Contractor shall submit to the Division for written approval all advertising and publicity matters relating to this Contract. It is within the Division’s sole discretion whether to provide approval, which approval must be in writing.
39. Deleted - WORK ON STATE OF UTAH OR ELIGIBLE USER PREMISES
40. CONTRACT INFORMATION: During the duration of this Contract the State of Utah Division of Purchasing is required to make available contact information of Contractor to the State of Utah Department of Workforce Services. The State of Utah Department of Workforce Services may contact Contractor during the duration of this Contract to inquire about Contractor’s job vacancies within the State of Utah.
41. WAIVER: A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege.
42. SUSPENSION OF WORK: Should circumstances arise which would cause an Eligible User to suspend Contractor’s responsibilities under this Contract, but not terminate this Contract, this will be done by formal written notice pursuant to the terms of this Contract. Contractor’s responsibilities may be reinstated upon advance formal written notice from the Eligible User.
43. P
ROCUREMENT ETHICS: Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of the State of Utah, or to any person in any official capacity who participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization.
44. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of services.
45. Deleted - ATTORNEY’S FEES
46. TRAVEL COSTS: If travel expenses are permitted by the Solicitation All travel costs associated with the delivery of Services under this Contract will be paid according to the rules and per diem rates found in the Utah Administrative Code R25-7.
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 5 Invoices containing travel costs outside of these rates will be returned to the vendor for correction.
47. PERFORMANCE EVALUATION: The Division may conduc t a performance evaluation of Contractor, including Contr actor’s Subcontractors. Results of any evaluation shall be made available to Contractor upon request.
48. STANDARD OF CARE: The services performed by Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the services that are the subject of this Contract. Contractor may be liable to the Eligible User for claims, liabilities, additional burdens, penalties, damages, or third party claims (e.g., another Contractor’s claim against the State of Utah), to the extent caused by Contractor’s gross negligence or intentional acts.
49. REVIEWS: The Division reserves the right to perform plan checks, plan reviews, other reviews, and/or com ment upon the services of Contractor. S uch reviews do not waive the requirement of Contractor to meet all of the terms and conditions of this Contract.
50. DISPUTE RESOLUTION: Prior to either party filing a judicial proceeding, the parties agree to participate in the mediation of any dispute. The Division or an Eligible User, after consultation with Contractor, may appoint an expert or panel of experts to assist in the resolution of a dispute. If the Division or an Eligible User appoints such an expert or panel, the Division or the Eligible User and Contractor agree to cooper ate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute.
51. ORDER OF PRECEDENCE: In the event of any conflict in the terms and conditions in this Contract, the order of precedence shall be: (i) this Attachment A; (ii) Contract Signature Page(s); (iii) the State of Utah’s additional terms and conditions, if any; (iv) any other attachment listed on the Contract Signature Page(s); and (v) Contractor’s terms and conditions that are attached to this Contract, if any. Any provision attempting to limit the liability of Contractor or limit the r ights of an Eligible User, the Division, or the State of Utah must be in writing and attached to this Contract or it is rendered null and void.
52. SURVIVAL OF TERMS: Termination or expir ation of this Contract shall not extinguish or pr ejudice Eligible Users’ right to enforce this Contract with respect to any default of this Contract or defect in the Procurement Item(s) that has not been cured, or of any of the following clauses, including: Governing Law and Venue, Laws and Regulations, Records Administration, Remedies, Dispute Resolution, Indemnity, Newly Manufactured, Indemnification Relating to Intellectual Property, Warranty of Procurement Item(s), Insurance.
53. SEVERABILITY: The invalidity or unenforceability of any prov ision, term, or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect.
54. ERRORS AND OMISSIONS: Contractor shall not take advantage of any errors and/or omis sions in this Contract. The Contractor must promptly notify the Division of any errors and/or omissions that are discovered.
55. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written.
56. ANTI-BOYCOTT ACTIONS: In accordance with Utah Code 63G-27 et seq., Contractor certifies, to the best of its knowledge and belief at the tim e of submission, that it is not cur rently engaged in any “economic boycott” nor a “ boycott of the State of Israel” as those terms are defined in Section 102. Contractor further certifies, to the best of its knowledge and belief at the time of submission, that it has read and understands 63G-27 et. seq., that it will not engage in any such boycott action during the term of this Contract, and that if it does, it shall promptly notify the State in writing.
Revision Date: 04/09/2025 (Section 3, 4, 6, 7, 10, 13, 16, 17, 18, 20, 21, 22, 23, 24, 25,26,27, 28, 29, 31, 37, 39, 45, 48, 56) Revision Date: 04/23/20324 (Omnia Revised section: 1.g) Revision Date: 07/20/2023 (Original language)
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 Attachment B
Amazon Business Terms and Conditions
Below is a copy of the Amazon Business Accounts Terms and Conditions in effect on the Effective Date of the contract. Pursuant to Section 10 of the Amazon Business Accounts Terms and Conditions (as amended by the Amendment), Amazon may make changes at any time. The Amazon Business Accounts Terms and Conditions are available electronically
at https://www.amazon.com/gp/help/customer/display.html?nodeId=202119380.
1. PURPOSE OF AGREEMENT. This Agreement governs your access to, use of, and transactions made through Amazon Business. "Amazon Business" enables registered business customers to purchase products and services for business purposes and to access and use a set of features, services, software, and applications specifically intended for business customers. We may make available to you, through Amazon Business, certain services or products that are subject to additional terms and conditions, and if you use such services or purchase such products, those terms and conditions (the "Feature Terms") will also apply to you. Products made available through Amazon Business may be designed for, and only appropriate for, specialized uses; accordingly, you may only use them as intended by, and in compliance with all instructions provided by, the manufacturer. Finally, certain policies accessible through Amazon Business apply to your and your users' use of and access to Amazon Business. These "Policies" include the Amazon Business Acceptable Use Policy. the Amazon Business Pricing Policy. the Amazon Business Sanctions and Export Policy, the Amazon.com Privacy Notice, the Amazon Business Gift Card Policy, and the Healthcare Disclosure Policies. This Agreement incorporates by reference the Feature Terms and the Policies.
2. ELIGIBILITY; ACCOUNT SECURITY. By creating a Business Account, you represent that (i) the individual acting on behalf of the Customer has the authority to bind the Customer, (ii) the Customer has all requisite right, power, and authority to enter into, perform its obligations under, and grant the rights and authorizations in the Agreement, and (iii) the Customer is an Eligible Entity. "Eligible Entities" include all types of businesses (for example, LLCs, LLPs, corporations, partnerships, sole proprietorships, and PLLCs ), all types of governmental entities (federal, state, local, and quasi-governmental entities), and all types of non-profit organizations (including 501(c) organizations, 527 organizations, and similar tax-exempt organizations).
Individual consumers should use Amazon.com. Upon completion of your registration, a "Business Account" will be created for your organization. You may authorize others to create a "User Account" associated with your Business Account. You are responsible for all activities that occur under your Business Account and any associated User Accounts, and must ensure your Users comply with the Acceptable Use Policy and this Agreement. You are responsible for maintaining the security of the passwords associated with your Business Account and User Accounts; if you believe an unauthorized person has access to your password, Business Account, or an associated User Account, you must contact us immediately and change any compromised passwords.
3. SHIPPING; RETURNS; REPLACEMENT CHARGES; PAYMENT METHODS; TAXES.
Your purchases are subject to Amazon's Shipping and Returns Policies. All purchases of physical items from Amazon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Unless you are participating in the Pay by Invoice service, payment for all purchases made through your Business Account is due upon shipment or on the date indicated on the checkout page, or, for digital products, when we make the digital product available to you. For returns, Amazon does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 without requiring a return. In this situation, Amazon does not take title to the refunded item. To purchase through Amazon Business, you will need at least one valid payment method associated with your Business Account; if there is a problem charging your selected payment method for any purchase, we may charge any other valid payment method associated with your Business Account. If we send any User a replacement product for a product they originally ordered using an individual payment method (such as a personal credit card) and the original product ordered is not returned within 30 days of the replacement request, you acknowledge and consent that we may charge any eligible payment method on record for the relevant User Account for the replacement product. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges ( and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement.
4. DISCLAIMER. UNLESS OTHERWISE SPECIFIED IN WRITING, ANY INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE AVAILABLE TO YOU BY AMAZON ARE ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES. TO THE FULLEST EXTENT
PERMITTED BY LAW, AND UNLESS OTHERWISE SPECIFIED IN WRITING, AMAZON
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS IT
SELLS AND THE SERVICES AND INFORMATION IT PROVIDES, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR AP ARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
5. INDEMNIFICATION. You will defend, indemnify, and hold harmless Amazon and its affiliates, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys' fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a "Claim") to the extent such Claim is based on: (a) any breach of the Agreement, (b) any unlawful, improper or negligent use by anyone of any product sold or service provided to you under the Agreement, ( c) any dispute between you and your Users, or ( d) your gross negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
6. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW,
UNDER NO CIRCUMSTANCES WILL AMAZON BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENT AL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, THAT RESULT FROM YOUR
PURCHASE OF ANY PRODUCTS OR USE OF ANY SERVICES, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST
EXTENT PERMITTED BY LAW, AMAZON'S LIABILITY IN ALL EVENTS IS LIMITED
TO THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GIVES RISE TO THE LIABILITY.
7. CUSTOMER INFORMATION, PRIVACY, CONFIDENTIALITY.
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1
7.1. Customer Information. We require you to provide information about you and your Users to access and use Amazon Business, and you may need to provide supplemental information to use or purchase some Amazon Business products or services. You will ensure that all information that you provide to us is at all times accurate and complete. We may share information you provide (for example, your organization's name, addresses, Taxpayer Identification Number) with others in your organization and third parties to confirm the accuracy of such information and your eligibility to use Amazon Business or certain services (for example, to confirm you hold a valid license, certification, or credential where required). To enable us to improve our services, including by making available additional product selection or business pricing, we may share specific order information about the products or services you purchase through your Business Account with the suppliers who provide such products or services. For example, for certain transactions, Amazon Business may share your organization's name or credentials, shipping address, shipment date, ASIN/SKU, quantity or other relevant information.
7.2. Privacy. Except as disclosed in this Agreement, our use of your information is governed by the terms of the Amazon.com Privacy Notice. Please review the Privacy Notice to understand our practices with respect to your information. Please note that all information about Users and User Accounts associated with a Business Account may be shared with your organization.
7.3. Confidentiality. In connection with your use of Amazon Business, we may share with you information which is identified as confidential or that should reasonably be considered confidential ("Confidential Information"). You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You may use Confidential Information only in connection with your use of Amazon Business. You will not disclose Confidential Information during the term of this Agreement or at any time during the 5-year period following the termination of the Agreement, unless required by law. This applies to all Confidential Information in your possession, regardless of when or where you receive it.
8. GOVERNING LAW, DISPUTES, GOVERNMENTAL ENTITIES.
8.1. Governing Law. The laws of the State of Washington, without reference to conflict of law rules, as well as the Federal Arbitration Act and federal arbitration law, govern the Agreement and any dispute that might arise between you and us that pertains to Amazon Business or this Agreement. The United Nations Convention for the International Sale of Goods does not apply to the Agreement.
8.2. Disputes. Any dispute or claim relating in any way to Amazon Business or this Agreement will be resolved by binding arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules (available at www.adr.org or by calling 1-800-778-7879). An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration we
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 each waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
8.3. Public Sector Entities. If you are a public sector entity and precluded by law from agreeing to any of the provisions of Section 8 as set forth above, then any disputes with you will be governed by the substantive laws of the sovereign under whose laws you were formed and the venue for any such dispute will be the venue required by the laws of such sovereign. Similarly, if the laws of such sovereign would result in other provisions in this Agreement being deemed unlawful, void or for any reason unenforceable against you, those provisions will not apply to you and will be deemed severable from this Agreement. All other provisions in the Agreement remain in full force and effect.
9. THIRD-PARTY OFFERINGS. Parties other than Amazon operate stores, provide services or software, or sell product lines through Amazon Business. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Amazon. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their sites). Amazon does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
10. MODIFICATIONS. We may, at any time in our discretion, change the Agreement by posting such a change on Amazon Business or by notifying your account administrators. YOUR
CONTINUED USE OF AMAZON BUSINESS AFTER WE CHANGE THE AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO
ANY CHANGES, YOU MAY CANCEL YOUR BUSINESS ACCOUNT OR REFRAIN FROM USING THE AMAZON BUSINESS SERVICES IMPLICATED BY SUCH CHANGES.
11. ENTIRE AGREEMENT. The Agreement constitutes the exclusive and complete agreement between us and you. We will not be bound by any term, condition, obligation, or other provision which is different from or in addition to the provisions of the Agreement or which may be in any order, receipt, acceptance, confirmation, correspondence or other document, including informational forms we complete, sign or otherwise provide to you for your convenience.
12. TERM; TERMINATION. This Agreement takes effect when you create a Business Account and continues in effect until you or we terminate it. We may terminate the Agreement by providing notice to your administrators. We reserve the right, in our sole discretion, and with or without notice unless required by applicable law, to refuse service; remove or edit content; modify, suspend or discontinue the availability of any features, products, or services; terminate your right to use some or all of the Amazon Business services; and/or cancel orders. Amazon may choose to charge, modify, or stop charging a fee for any service in its sole discretion. You may
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 terminate the Agreement by giving us notice and closing your Business Account and each User Account. Upon termination, all rights and obligations under the Agreement automatically terminate except for rights of action occurring prior to termination, payment obligations, and Sections 1, 4, 5, 6, 7.3, 8, 10, 11, 12, 14, 15.
13. COPYRIGHTS; TRADEMARKS; PATENTS. Use of Amazon Business does not give you the right to frame, use or reproduce any of our copyrighted material, trademarks, service marks, or other proprietary rights or material, or to use any of our patents, except as expressly permitted in writing by Amazon. Please see the Amazon Business Help Pages for further detail on Amazon owned or licensed copyrights, trademarks, patents, as well as how to address concerns about the use of your intellectual property rights by third parties.
14. LICENSE; SOFTWARE. The following Amazon Software Terms and License apply to your access and use of Amazon Business and all features and software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Amazon Business (the "Amazon Software"). Subject to your compliance with the Agreement and your payment of any applicable fees, Amazon or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Amazon Business and Amazon Software. You may not use data mining, robots, or similar data gathering and extraction tools in connection with Amazon Business, nor may you download or copy Amazon Business information, including any collection of product listings, descriptions, reviews, or prices without our consent or for the benefit of another merchant. The following terms apply to your use of Amazon Software.
14.1. Use of the Amazon Software. You may use Amazon Software solely for purposes of enabling you to use Amazon Business, as permitted by the Agreement. You may not incorporate any portion of the Amazon Software into other programs or compile any portion of it in combination with other programs, or otherwise reproduce, duplicate, copy ( except to exercise rights granted in this section), modify, exploit, create derivative works of, distribute, sell, resell, assign any rights to, or license the Amazon Software in whole or in part (including any features of Amazon Business). All software used in Amazon Business is the property of Amazon or its software suppliers and is protected by U.S. and international copyright Laws. You may not make any derivative use of Amazon Business without the express written consent of Amazon.
14.2. Use of Third Party Services. When you use the Amazon Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider.
Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
14.3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Amazon Software, whether in whole or in part.
14.4. Updates. We may offer automatic or manual updates to the Amazon Software at any time and without notice to you.
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14.5. Government End Users. If you are a U.S. Government end user, we are licensing the Amazon Software to you as a "Commercial Off-the-Shelfltem" as that term is defined in the U.S.
Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Amazon Software are the same as the rights we grant to all others under this Agreement.
14.6. Reserved Rights, Termination. All rights not expressly granted to you in the Agreement are reserved and retained by Amazon or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted by Amazon terminate if you do not comply with the Agreement.
14. 7. Conflicts. In the event of any conflict between the Agreement and any other Amazon or third-party terms applicable to any portion of Amazon Software, such as open-source license terms or specific product feature restrictions that are conveyed to you in the feature experience, such other terms will control as to that portion of the Amazon Software and to the extent of the conflict.
15. MISCELLANEOUS.
15.1. Suggestions. If you make any suggestions about Amazon Business or the features (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.
15.2. Assignment. Except in connection with a reorganization, merger, sale, or transfer of substantially all of your assets (in which cases you must promptly provide written notice following assignment), you may not assign the Agreement without our prior written consent.
Subject to that restriction, the Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns.
15.3. Severability. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
15.4. Waiver. Our failure to enforce your strict performance of any provisions of this Agreement will not constitute a waiver of our right to enforce such provisions or any other provision of this Agreement subsequently.
15.5. Conflicts. In the event of any conflict between the Agreement and the Policies, the Agreement will prevail. In the event of any conflict between the Agreement and the Feature Terms, the applicable Feature Terms will control.
15.6. Construction. The word "including" will be interpreted without limitation when used in this Agreement.
15. 7. Notices. You consent to receive communications from us electronically, including through e-mails, text messages, in-app push notices, notices and messages posted on Amazon Business or in your Message Center and other communications made available to you on a desktop or mobile device. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may retain copies of all of these communications for your records. We may also
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 send you notices at the address provided when registering your Business Account, which you agree is a proper and valid address for any legal or contractual purpose. If you are sending Amazon a legal or contractual notice, you must comply with our notice procedures available here.
AMENDMENT NO. 1 TO AMAZON BUSINESS ACCOUNTS TERMS AND CONDITIONS This Amendment No. 1 (this "Amendment") to the Amazon Business Accounts Terms and Conditions, above and available at https://www.amazon.com/gp/help/customer/display.html/?nodeld=201613180 ( as updated from time to time, the "Agreement"), between Amazon Services LLC ("Amazon", "we", "us", or "our") and the State of Utah ("Customer" or "you") is effective as of the last date of signature below (the "Amendment Effective Date"). This Amendment amends the Agreement as stated below. Unless otherwise defined in this Amendment, capitalized terms have the meanings ascribed to them in the Agreement. The parties agree as follows:
1. GOVERNING LAW. The Section in the Agreement entitled "GOVERNING LAW" (currently Section 8.1) is deleted in its entirety.
2. DISPUTES. The Section in the Agreement entitled "DISPUTES" (currently Section 8.2) is deleted in
its entirety.
3. MODIFICATIONS. The Section in the Agreement entitled "MODIFICATIONS" (currently Section 10) is amended by adding the following sentence:
"Notwithstanding this Section 10, no changes or updates to Amazon's Business Accounts Terms and Conditions will have the effect of changing the provisions set forth in this Amendment without the parties' written agreement in a subsequent amendment."
4. TERM; TERMINATION. The Section in the Agreement entitled "TERM; TERMINATION" (currently Section 12) is amended by adding a second paragraph as follows:
"Notwithstanding this Section 12, either party may elect to terminate this Agreement without cause upon delivery of at least 30 days' prior written notice to the other party."
5. AMAZON BUSINESS ANALYTICS. Amazon will provide participating organizations, and other eligible organizations participating in the cooperative contract access to Amazon Business Analytics, whereby they can generate reports based on their purchase activity. Amazon Business analytics functionality includes the ability to customize, view, and download reports, including orders, returns, and refunds."
6. LAWS AND REGULATIONS. A new Section 17 is added to the Agreement entitled "LAWS AND REGULATIONS" that states as follows:
"Amazon represents and warrants that it will comply with all applicable laws, rules, and regulations in the performance of the Agreement."
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7. FEDERAL FUNDS CERTIFICATIONS. A new Section 18 is added to the Agreement entitled "FEDERAL FUNDS CERTIFICATIONS" that states as follows:
"18.1. Debarment. Amazon certifies that, to the best of its knowledge and belief, neither it nor its principals is currently in a state of debarment, suspension, or other ineligible status as a result of prior performance, failure, fraud, or violation of laws. Amazon further certifies that, to
the best of its knowledge and belief, neither it nor its principals is debarred, suspended, otherwise excluded from or ineligible for participation in Federal assistance programs. You may terminate this Agreement if knowledge of debarment, suspension or other ineligibility has been withheld by us.
"18.2 Lobbying. Amazon certifies, to the best of its knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of us, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL. ( C) This Agreement is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
8. ENTIRE AGREEMENT. Except as amended by this Amendment, the Agreement remains in full force and effect. This Amendment, together with the Agreement as modified by this Amendment: (a) constitutes the exclusive and complete agreement between the parties; and (b) supersedes all prior agreements and understandings between the parties with respect to the subject matter hereof.
9. CONFLICTS. In the event of any conflict between the Agreement or any other applicable terms, conditions, policies, limitations, and requirements on the Amazon.com website and this Amendment, precedence will be as follows: (a) this Amendment; (b) the Agreement; and (c) the Amazon Business Acceptable Use Policy, and any other applicable terms, conditions, policies, limitations, and requirements on the Amazon.com website.
10. COUNTERPARTS AND DELIVERY. This Amendment may be executed in two or more counterparts, each of which will be deemed an original and all of which taken together will be deemed to constitute one and the same document. The parties may sign and deliver this Amendment by electronic means.
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Attachment C - Scope of Work
1. S
cope
The Contractor will provide OMNIA Partners Participating Public Agencies access to and use of an online digital marketplace to purchase of goods and services that may be used routinely and needed quickly to address the everyday needs of public entities, schools, and universities.
2. P
articipating Public Agencies
The Contractor will have the right to enter local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the contract. All local agreements may have a full potential term not to exceed five years. Although the scope reflects the needs and requirements of the State of Utah, OMNIA Partners Participating Public Agencies may have different requirements. Participants may elect to negotiate certain terms to conform to their purchasing and contracting requirements.
U
tilization of the contract by OMNIA Partners Participating Public Agencies will be at the discretion of the individual Participating Public Agencies. Any modifications agreed to by Participating Public Agencies and Contractor are exclusively between the Participating Public Agencies and the Contractor.
3. Deliverables
Contractor will provide the following deliverables:
1) Access and use to a digital marketplace for users to order goods and services 2) Fulfill orders from beginning (ordering of products) to end (delivery to user) 3) Form of data analytics: Standard reporting; access to online order history 4) Ability to restrict certain items as designated by Participating Public Agencies as needed to meet their laws and applicable rules
5) Pl atform to connect one or more sellers to multiple buyers 6) An established and demonstrated methodology for showing prices are generally below r etail prices
7) Abi lity to make payments through the platform or to a centralized accounts receivable function via credit card functionality
8) On line catalog featuring a wide variety of products 9) Qui ck delivery with the majority of products available to be delivered within five days 10) A central point of contact for customer service, delivery, or account issues that will b
e available by phone, e-mail, virtual chat during normal business hours (9am to 5pm MST) Monday through Friday. Representative will respond to inquiries within 24 business-hours.
11) Customizable workflow and governance capabilities in the platform to allow: all administrators to restrict product or commodities depending on organizational internal policies and procedures; f ull revision history of changes made and who made the workflow
12) Other platform capability: Secure login; mobile-enabled site; freight selection; online s ample request form ; product images (high resolution) associated with each item Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1
4. Product Offering – Categories
Contractor will provide products for a minimum of two categories. The items listed in each category are not restrictive or exhaustive but included to provide a general description of products and supplies that may be included. While all items described are available through the contract, Participating Public Agencies may choose to limit which categories their end users have access to. Contractors will offer their complete catalog of product and services
The Participating Public Agencies and Contractor may enter into a separate supplemental agreement or marketplace membership program to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, incentives and/or rebates, etc. Any supplemental agreement or marketplace membership program developed under this contract is exclusively between the Participating Public Agency and Contractor.
The categories are as follows:
1) Education-Based Accessories, Display, Products and Related Supplies Items related to products and supplies used in an education-based setting which may include but is not limited to: animal and pet supplies, art supplies, craft products, books, lesson plans and curriculum, school equipment, white boards, blackboards, teaching material, and other related products.
2) Information Technology-Peripheral Devices and Related Products Supplies and solutions that involve information technology peripheral devices which may include but is not limited to: mouse, copiers, printers, cameras, video cameras, microphones, speakers, keyboard, multifunction printers, scanners, plotters, and other related products. Items in this category should not connect to an end user’s network.
3) Maintenance, Repair and Operations Products (MRO)
Items related to the maintenance, repair, and/or general operations that include but is not limited to: building materials, hardware, cabinets, motors, pumps, paints and coatings, plumbing equipment, power tools, windows, doors, cleaning products (to include green and dye-free), carpet care products and supplies, restroom care products and supplies, waste receptacles and liners, industrial tools and supplies (such as carts, dusters, brushes, spray bottles, squeegees, and gloves), rags, wipes and other related supplies and products.
4) Office-Based Accessories, Décor, Products, and Related Supplies Items that could be utilized in an office-like setting and used on a semi-regular basis which may include but is not limited to: binders, folders, filing materials, storage, calendars, paper (copy, printer, photo and presentation), notebooks, labels, post-it notes, shipping materials, envelopes, staplers, staples, paper punches, paper clips, scissors, rubber bands, cash register and thermal rolls, ink, toner cartridges, pens, pencils, markers, framing, tabletop or floor lamps, mirrors, general signage, wall décor, display cases, area rugs, mats, and other related products.
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5) Apparel
Items that could be utilized by juveniles or adults, which may include but is not limited to:
innerwear, outerwear, shoes, uniforms, linens, and other related products.
6) Personal Care Items
Items related to personal care that include but are not limited to: personal hygiene items, bath accessories, feminine personal hygiene items, toilet paper, and other related products.
Docusign Envelope ID: 6FE8172A-44AC-44EE-A14E-27C0849C0CC7 Docusign Envelope ID: 37AFD31B-ADDC-4B02-934C-64CD7A6863B1 https://business.amazon.com/
Attachment D - Pricing/Catalog
This contract has a dynamic pricing structure in which the price for items listed on the online digital marketplace is driven by the market. This contract will not need
to be amended when prices fluctuate.
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070924-SCC
S
olicitation Number: 070924
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Staples Contract & Commercial LLC, 500 Staples Drive, Framingham, MA 01702 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K -12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Office Supply and Workplace Catalog Solutions from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective on February 3, 2025.
E
XPIRATION DATE AND EXTENSION. This Contract expires February 2, 2029, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All ot
her rights will cease upon expiration or termination of this Contract.
EXHIBIT NO. 2
Formal Bidding (Section 2611])
Written Contract (Section 2605(1)(iii))
Waiver is being recommended pursuant to the following exception as identified in CMC Section 2611:
(d) Emergency Purchasing (Section 2611(d))
(e) Sole Source Purchasing (Section 2611(e))
(f) Piggyback Purchasing (Section 2611(f))
(g) Cooperative Purchasing (Section 2611(g))
(i) Other Purchases (Section 2611(i)(1) through (18))
If (f) or (g) are selected above, specify the master contract details:
Vendor:
Solicitation #:
Contract Expiration:
Written justification/description of purchase:
*Attach all relative documentation including, but not limited to vendor quote, statement of sole source justification on vendor letterhead, master contract agreement, etc.
Authorized Department Staff: Purchasing:
Purchasing Division
701 E. Carson Street
Carson, CA 90745
Purchasing Waiver
In compliance with Chapter 6 (Purchasing System) of Article II (Administration) of the Carson Municipal Code (CMC), Staff are seeking to exercise waiver of the following requirements (check all that apply):
Name/Title:
Date:
Signature:
Awarding Agency:
Contract #:
Contract Effective Date:
Specify the purchase details:
Amount: Vendor:
Formal Bidding (Section 2611])
Written Contract (Section 2605(1)(iii))
Waiver is being recommended pursuant to the following exception as identified in CMC Section 2611:
(d) Emergency Purchasing (Section 2611(d))
(e) Sole Source Purchasing (Section 2611(e))
(f) Piggyback Purchasing (Section 2611(f))
(g) Cooperative Purchasing (Section 2611(g))
(i) Other Purchases (Section 2611(i)(1) through (18))
If (f) or (g) are selected above, specify the master contract details:
Vendor:
Solicitation #:
Contract Expiration:
Written justification/description of purchase:
*Attach all relative documentation including, but not limited to vendor quote, statement of sole source justification on vendor letterhead, master contract agreement, etc.
Authorized Department Staff: Purchasing:
Purchasing Division
701 E. Carson Street
Carson, CA 90745
Purchasing Waiver
In compliance with Chapter 6 (Purchasing System) of Article II (Administration) of the Carson Municipal Code (CMC), Staff are seeking to exercise waiver of the following requirements (check all that apply):
Name/Title:
Date:
Signature:
Awarding Agency:
Contract #:
Contract Effective Date:
Specify the purchase details:
Amount: Vendor:
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, June 17, 2025, 5:00 PM
CONSENT 16. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Purchasing Subject: CONSIDER REJECTION OF ALL BIDS RECEIVED FOR INVITATION FOR BIDS ("IFB") 25-10PW1795 MILLS PARK BUILDING RENOVATIONS AND AUTHORIZE STAFF TO READVERTISE (CITY COUNCIL) I. SUMMARY
The City's Municipal Code ("CMC") Section 2612(2)(i) authorizes the awarding authority to reject any and all bidsreceived as a result of the City's formal bidding process. Similarly, the California Public Contract Code ("PCC")Section 22038 also grants awarding agencies this discretion to reject any bids presented. Staff issued IFB 25-10for PW1795 Mills Park Building Renovations on April 24, 2025 and recorded all sealed responses received on May22, 2025 at 5:00 PM. A total of five (5) responses were received and recorded in response to this solicitationranging from $5,477,174.00 to $7,322,912.75. Upon evaluating the bids received, Staff were unable to determine anaward that met the necessary requirements outlined within the IFB document. Due to these material discrepancies,Staff are requesting the City Council authorize rejection of all bids received in response to IFB 25-10 and toauthorize Staff to readvertise at a later date.
II. RECOMMENDATION
1. REJECT all bids received for IFB 25-10 PW1795 Mills Park Building Renovations and AUTHORIZE staff to readvertise.
III. ALTERNATIVES
1. TAKE another action the Council deems appropriate.
IV. BACKGROUND
Staff issued IFB 25-10 on April 24, 2025 for the construction project referenced as PW1795 Mills Park BuildingRenovations. The project scope involved, but not limited to, expanding the recreational building by approximately1,400 square feet to provide additional office space, public restrooms, and facility storage. The scope also includesa range of facade improvements, interior improvements including flooring, kitchen renovations, restroommodifications, enhancing the park walkways, and replacing the wading pool with a splash pad water feature.Throughout the bidding process, the Purchasing Division and Engineering Division conducted an optional job walkopportunity on May 6, 2025 at 10:00AM affording interested bidders the opportunity to visit the site location tobetter understand the scope of work. . As stated within the Bid Packet (attached as Exhibit 1), the City reserves theright to be the sole judge of the responses received for the purpose of determining the lowest responsive andresponsible bidder. Furthermore, the City also reserves the right to waive any irregularities that are non-material innature and the agency reserves the discretion to reject or accept the bid, as allowed by California jurisprudence.However, bids that are materially non-responsive must be rejected. Material discrepancies are variances thatimpact pricing or afford a contractor an unfair competitive advantage such as was the case in Valley Crest Landscape, Inc. v. City of Davis, 41 Cal. App. 4th 1432 (1996) where the decision ruled that a bidder with a materialdiscrepancy such as failure to complete a Bid Schedule has the unfair competitive advantage of being afforded theability to withdraw its bid without forfeiting its bid bond. See also DeSilva Gates Constr., LP v. Dep't ofTransportation, 242 Cal. App. 4th 1409 (2015).
On May 22, 2025 at 5:00PM, bids were opened and the following responses were received:
Company Name Bid Amount
Builders United $5,477,174.00
Armstrong Cal Builders Inc. $5,563,471.50
Solex Construction Inc. $5,843,404.57
New Creation Builders $6,792,369.76
Loghmani & Associates Inc. $7,322,912.75
After careful review of the responses received, Staff determined a common material discrepancy between the three (3) apparent lowest bidders. The apparent low bidder, Builders United at $5,477,174.00, failed to submit a completed Bid Schedule document, and made substitution to the bid forms required by all bidders. Furthermore, the submission was largely ineligible to the evaluation committee due to this substitution. As stated in the City’s Bid Packet (attached as Exhibit 1), Instructions for Bidders #6 (page 9): “Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon,” and furthermore in #7 (page 9): “Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon.” Additionally, Staff have determined the discrepancy to be of material nature as the Bid Schedule is the firm price offer that bidders extend to the City for the outlined scope of work. The totals within the Bid Schedule also determine the fixed dollar amount for the required bonds, which are generally a percentage of the total Base Bid Amount. Due to the substitution of the Bid Schedule form included in Builders United’s submission, there exists a material discrepancy that gives the vendor an unfair advantage to other bidders. As such, Staff are requesting the City Council authorize the rejection of the apparent lowest bidder.
The second apparent lowest bidder, Armstrong Cal Builders Inc. at $5,563,471.50, failed to submit an executed Bid Schedule. Failure to sign the Bid Schedule form invalidates the totals included in the Bid Schedule submission as, again, the Bid Schedule is the firm price offer that bidders extend to the City for the outlined scope of work. Staff determined this discrepancy to be also of material nature and are hereby requesting the City Council authorize the rejection of the second apparent lowest bidder.
The third apparent lowest bidder, Solex Construction Inc. at $5,843,404.57, failed to complete the Bid Schedule form and instead submitted an entirely blank form document. Similar to the apparent lowest bidder and second apparent lowest bidder, Staff determined this discrepancy to be also of material nature and are hereby requesting the City Council to authorize the rejection of the third apparent lowest bidder.
The remaining two bidders for which a thorough bid tabulation was not conducted due to the bid amounts, New Creation Builders at $6,792,369.76 and Loghmani & Associates Inc. At $7,322,912.75, both resulted in bid amounts that are far beyond the resources currently allocated toward this project as well as the Engineer's Estimate identified, and thus, would not be a reasonable award for the City. Staff are now requesting the City Council to reject all bids received in response to IFB 25-10 and to authorize Staff to resolicit with modification to the City’s bid packet to place emphasis on the requirements for bid forms to be complete, legible, and fully-executed.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. IFB 25-10 - Bid Packet
2. Builders United - Bid Schedule
3. Armstrong Cal Builders Inc. - Bid Schedule
4. Solex Construction Inc. - Bid Schedule
Attachments
IFB 25-10 Addendum 2 - Bid Packet.pdf
EXHIBIT 2.pdf
Exhibit 3.pdf
EXHIBIT 4.pdf
i
CITY OF CARSON
LOS ANGELES COUNTY, CALIFORNIA
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
PROJECT NO.: 1795
Mills Park Bldg Renovations
IFB-25-10
Bids must be submitted electronically using PLANETBIDS by 5:00 PM on 5/22/2025 ADDENDUM NO. 2
EXHIBIT 1
ii
CITY OF CARSON
LOS ANGELES COUNTY, CALIFORNIA
BID DOCUMENTS
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
PROJECT NO.: 1795
Mills Park Bldg Renovations
IFB-25-10
Prepared by
BOA Architecture
Public Works Department
Gilbert Marquez, P.E., C -58567 DATE 04/24/2025
City Engineer
iii
GENERAL DESCRIPTION OF WORK:
Mills Park is approxim
ately 4.45 acres (195,000 sq.ft) centrally located in the City of Carson.
The park is
surrounded by single family dwellings.
The project scope involves but not limited to, expanding the building by approx. 1,400 sq.ft., to provide more office space, public restrooms and additional internal storage. (Façade Improvements. Interior Improvements including flooring, kitchen renovations, restroom modifications, office expansion), walkway enhancements and the project will also remove the old wading pool to be replaced with a splash pad water feature. iv
LOCATION MAP PROJECT NO.: 1795
Mills Park Bldg Re
novations
01007.0006/712786.4 0
TABLE OF CONTENTS
Page No.
COVER SHEET........................................................................................................... i
TITLE SH
EET ............................................................................................................. ii GENERAL DESCRIPTION OF WORK..................................................................... iii LOCATION MAP........................................................................................................ iv TABLE OF CONTENTS............................................................................................. 0 INVITATION FOR BIDS ........................................................................................... 2 INSTRUCTIONS TO BIDDERS ................................................................................ 7 BID DOCUMENTS.................................................................................................... 21 Bid Letter & .............................................................................................. 22 Bid Schedule .............................................................................................. 23 Schedule of Bid Items ................................................................................ 30 Bidder's Declaration................................................................................... 31 Equal employment Opportunity Certification............................................ 33 Public Contract Code 102851.1, 10162, 10232 ......................................... 34 Noncollusion Declaration .......................................................................... 35 Bid Bond .................................................................................................... 36 Designation of Subcontractors ................................................................... 37 Construction Project Reference ................................................................. 39 Bidder's Assurance..................................................................................... 41 Certificate of Non-Discrimination by Contractors..................................... 42 Project Labor Agreement - Letter of Assent.............................................. 43 Cal/OSHA Certification............................................................................. 44 FAIR EMPLOYMENT PRACTICES DOCUMENTS ............................................... 46 CONTRACT DOCUMENTS ......................................................................................
Public Works Agreement ........................................................................... 54 Exhibit A (Contractor’s Bid)................................................................... A-1 Exhibit B (Special Requirements)........................................................... B-1 Exhibit C (Faithful Performance Bond).................................................. C-1 Exhibit D (Labor and Material Bond/Payment Bond) ............................ D-1 Exhibit E (Invoice Form) ........................................................................ E-1 Workers' Compensation Insurance Certificate (Exhibit A-1) .................... 81 Indemnification and Hold Harmless Agreement and Waiver Of Subrogation and Contribution.............................................................. 82 Exhibits ......................................................................................................
A - Evidence of Insurance....................................................................... 83 1 B - Comprehensive Liability................................................................... 86 C - Automobil
e Liability......................................................................... 88 D - Worker’s Compensation ................................................................... 90 E - Excess Liability Insurance ................................................................ 92 SPECIAL PROVISIONS ............................................................................................SP-1 – SP 27 TECHNICAL PROVISIONS .......................................................................................TP-1 – TP36 TECHNICAL SPECIFICATIONS ........................................................................SEC 01 - SEC 33 (PROJECT DRAWINGS – Not Numbered)
2 CITY OF CARSON
701 EAST CA
RSON STREET
CARSON, CALIFORNIA 90745
INVITATION FOR BIDS
FOR PROJECT NO. 1795
Mills Park Bldg R
enovations
IFB 25-10
NOTICE IS HEREBY GIVEN THAT THE Purchasing Manager of the City of Carson will recei
ve sealed bids for:
PROJECT NO.: 1795
TITLE: Mill s Park Bldg Renovations
BIDS MUST BE SUBMITTED ELECTRONICALLY USING PLANETBIDS. TO
ACCESS AND REGISTER FOR THIS BID, PLEASE VISIT
https://www.planetbids.com/portal/portal.cfm?CompanyID=32461 Optional Pre-Bid Conference/Job Walk: .............................5/6/2025 | 10:00 AM Prospective
Contractor Questions Due: ...............................5/8/2025 | 10:00 AM Bids Due:.........................................................................5/22/2025 | 5:00 PM BID RESULTS: A t the time designated for receiving sealed bids on said project, the bids will be publicly opened and read aloud at the Office of the City Clerk, City Hall, 701 East Carson Street, Carson, California 90745.
OBTAINING BID AND CONTRACT DOCUMENTS: Plans and Specifications are available on PlanetBids at https://pbsystem.planetbids.com/portal/32461/portal-home.
BID GUARANTY: Bids must be accompanied by cash, or by cashier's or certified check made payable
to the City of Carson, or by a bid bond executed by an admitted surety insurer on the bond form provided herein, in the amount not less than ten percent (10%) of the total bid submitted, made payable to the City of Carson as a guarantee that the bidder, whose bid is accepted, will promptly execute the contract, secure payment of workers’ compensation insurance, and furnish a satisfactory faithful performance bond in the amount of one hundred percent (100%) of the total bid price and a payment bond (labor and material bond) in the amount of one hundred percent (100%) of the total bid price which complies with all of the requirements of Civil Code Section 9554.
LIQUIDATED DAMAGES: Liquidated damages of $3,000 per calendar day will apply to this project. See Special
Provisions for detailed information on liquidated damages.
RETENTION: The City will deduct a five percent (5%) retention from all progress payments as specified in Section 7-3 of the Standard Specifications for Public Works Construction. The City in accordance with Public Contract Code Section 22300 shall permit the substitution of securities for 3 any moneys withheld by a public agency to ensure performance under a contract. The City hereby incorporat
es herein all of the provisions set forth in Public Contract Code Sect. 22300.
The Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the Owner to insure performance under the contract. Such security shall be deposited with the Owner or a state or federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. The Contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the Owner's Attorney.
STATE LABOR STANDARDS, WAGE, AND CONTRACTOR REGISTRATION REQUIREMENTS; FEDERAL PREVAILING WAGE: Contractor shall comply with the requirements of SB 854. SB 854 requires all contractors bidding on public works projects to register with the DIR and to pay an annual fee. SB 854 requires that contractors and subcontractors must register in order to submit a bid and be awarded a contract. Bidders are advised that this Contract is a public work for purpose of the California Labor Code, which requires payment of prevailing wages. In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor and all subcontractors agree to follow the State Labor standards. State Labor standards provisions, including prevailing wage requirements, will be enforced such that the general rate of per diem wages (prevailing wage) shall be paid for each craft, classification, or type of worker needed to execute the contract to all workers employed in the execution of the contract. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm). The prevailing rate of per diem wages are on file at the
City of Carson, Department of Public Works – Engineering, 701 E. Carson Street, Carson, California 90745, and are available to any interested party on request. The project is subject to compliance monitoring by the Department of Industrial Relations.
Contractor shall also cause a copy of the determination of the DIR Director of the prevailing rate of per diem wages to be posted at each job site.
This project is partially funded with federal funds. As such, all contracts including those with subcontractors, entered into pursuant to this notice shall comply with the Davis-Bacon Fair Labor Standards Act (40 U.S.C. Section 3141 et seq), and the implementation regulations issued pursuant thereto (29 C.F.R. Section 1, 3, and 5) and any amendments thereof. In the event there is a conflict between the amount of prevailing wages to be paid between state and federal laws, the contractor and all subcontractors shall pay not less than the higher wage rate.
EMPLOYMENT OF APPRENTICES: Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning employment of apprentices by the Contractor, or any Subcontractor under the Contractor. The Contractor, and any Subcontractor under the Contractor, shall comply with the requirements of said sections in the employment of apprentices; 4 however, the Contractor shall have full responsibility for compliance with said Labor Code sections for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.
AWARD OF CONTRACT: Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business &Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded).
SUBCONTRACTOR'S LIST: Bidder understands that if he or she fails to specify a subcontractor for any portion of the work to be performed under the contract, he or she shall be deemed to have agreed to perform such portion himself and that he or she shall not be permitted to sublet or subcontract that portion of the work except in cases of public emergency or necessity.
In compliance with the provisions of Section 4100 through 4113 of the Public Contract Code of the State of the California and any amendments thereto, and Title 49, Section 26.11 of the Code of Federal Regulations, the undersigned bidder has set forth on the form provided therefor, the name and location of the place of business of each subcontractor, the California contractor license number,
and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code, who will perform work or labor or render services to the prime contractor, in or about the
construction of or improvements to be performed, under the contract documents to which the attached bid is responsive including special fabrication and installation, and the portion of the work which will be done by each subcontractor for each subcontract in an amount in excess of one-half (1/2)
of one percent (1%) of the prime contractor’s total bid or, in the case of bids or offers for the construction of city parks and city facilities, in excess of one-half (1/2) of one percent (1%) of the prime
contractor's total bid or $10,000, whichever is greater. Additionally, once a subcontractor has been listed in the bid, another subcontractor may not be substituted unless the appropriate statutory procedure is followed and the City consents to the substitution, or as otherwise allowed under law.
CONTRACTOR’S LICENSE: At the time of “Award of the Contract”, the Prime Contractor must have a valid California State Contractor's License with a classification of “B” in accordance
with provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California and the Prime Contractor shall warrant that it and all subcontractors are properly licensed, which includes each entity having a City business license.
CITY’S RIGHTS RESERVED: The City 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. The award, if made, will be made to the lowest responsible bidder.
ENHANCED ELECTRICAL SAFETY POLICY: Bidders are advised that all work on this project shall be conducted in compliance with the requirements in the Enhanced Electrical Safety Policy adopted by the City on February 1, 2011, which are included in the Special Provisions, and made part of, the Contract Documents for this project.
PROJECT LABOR AGREEMENT (PLA): To be responsive to this Notice, Bids for this project must be presented taking into account the requirements of the current Project Labor 5 Agreement in effect for certain projects in the City of Carson which is included in the Special Provisions, and made part of, the Bid and
Contract Documents for this project.
All interested bidders are advised that the scope of work or a portion thereof that is the subject of this Invitation for Bids is covered by the City's master Project Labor Agreement ("PLA"). The successful contracting party, and all of its subcontractors, shall have the obligation to comply with all of the terms of the PLA for all portions of the work which are subject to the PLA. A copy of the PLA is attached to the project specifications and incorporated. The successful contracting party, and all of its subcontractors, will be required, as a condition of being awarded an agreement, to deliver an executed letter of assent (as shown in PLA Attachment A) to the City concurrently with the submittal of its bid and again concurrently with execution of any agreement and prior to the issuance of any notice to proceed. Failure to provide the same shall be grounds for deeming the bid non-responsive and/or for summary termination of any agreement or for award of the agreement to some other bidder.
CARSON ONE-STOP CAREER CENTER: To the greatest extent feasible, the successor contracting party shall endeavor to employ residents of the City of Carson in the construction of the improvements required by the contract. All solicitations for employment arising in whole or in part out of performance of the contract, whether full- or part-time, new or replacement hires, shall be listed with the Carson One Stop Career Center. To list employment opportunities, contact the Carson One-Stop Career Center at (310) 680 -3870 or in person (by appointment only) at 801 E.
Carson Street, Suite 117, Carson, CA 90745.
DIVERSION OF RECYCLABLE WASTE MATERIALS: In support of the City’s waste reduction and recycling efforts, the selected contractor will be required to divert all Recyclable Waste Materials to appropriate recycling centers rather than area landfills. For purposes of this requirement, Recyclable Waste Materials shall include asphalt, concrete, brick, concrete block and rock. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. All costs incurred for these waste diversion efforts shall be included as part of each Bidder’s Total Bid Price.
CAL/OSHA: All bidders shall submit certifications that they have provided all required and necessary safety training to their employees related to the equipment to be utilized and work contemplated as described in this Invitation for Bids, and that all employees are familiar with the safety regulations pertaining to the work, in compliance with any and all Cal/OSHA regulations and mandates. Bids omitting such certification shall be deemed non-responsive.
BID QUESTIONS: All bid questions shall be submitted online through PlanetBids by the due date and time listed on the Invitation for Bids. The City will coordinate responses and post them to PlanetBids by 5/13/25 for all interested proposers to review. Proposers are not to contact City personnel or Elect
ed Officials with any questions or clarifications concerning this Invitation for Bids other than through PlanetBids. Any City response for this IFB that is not posted through PlanetBids is unauthorized and will be considered invalid.
DATED THIS 24TH DAY OF APRIL
JOSILLA TOG
IOLA
PURCHASING MANAGER
6 TABLE OF CONTENTS
FOR
INSTR
UCTIONS TO BIDDERS
1. AVAILABILITY OF BID DOCUMENTS
2. EXAMINATION OF BID DOCUMENTS
3. INTERPRETATION OF BID DOCUMENTS
4. INSPECTION OF SITE: PRE-BID CONFERENCE AND JOB WALK
5. ADDENDA
6. PREPARATION OF BIDS
7. MODIFICATIONS OF BIDS
8. SIGNING OF BIDS
9. BID GUARANTEE (BOND)
10. SUBMISSIONS OF SEALED BIDS
11. DELIVERY, OPENING OF BIDS, DISCREPANCIES IN BIDS
12. BID DOCUMENTS
13. WITHDRAWAL OF BID
14. AWARD PROCESS / COMPETENCY OF BIDDERS
15. DESIGNATION OF SUBCONTRACTORS
16. LICENSED REQUIREMENTS
17. DISQUALIFICATIONS OF BIDDERS; INTEREST IN MORE THAN ONE BID
18.INSURANCE REQUIREMENTS
SEE SECTION FOR IMPORTANT INSTRUCTIONS
19. REQUIRED BIDDER CERTIFICATIONS AND NOTARIZATIONS
20. BASIS
OF AWARD; BALANCED BIDS
21. FILING OF BID PROTESTS
22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
23. BIDDER PRE-QUALIFICATION
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
25. EXECUTION OF CONTRACT
26. CITY’S RIGHTS
27. BIDDER’S RESPONSIVENESS
28. BIDDER’S RESPONSIVENESS CHECKLIST
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
30. RESPONSIBILITY CRITERIA
31. ADDITIONAL REQUIREMENTS
32. FAIR EMPLOYMENT PRACTICES DOCUMENTS
33. CONTRACT DOCUMENTS
7 INSTRUCTIONS TO BIDDERS
All Bids must be made in acc
ordance with these Instructions to Bidders.
1. AVAILABILITY OF BID DOCUMENTS
Bids must be submitted to the City on the Contract Bid Forms, which are a part of the Bid Package for
the Project. Bid Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Invitation for Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Invitation for Bids.
The City may also make the Bid Documents available for review in one or more plan rooms. Please Note: Prospective bidders who choose to review the Bid Documents in a plan room must contact the City to purchase the required Bid Documents if they decide to submit a bid for the Project.
2. EXAMINATION OF BID DOCUMENTS
The City has made copies of the Bid Documents available, as indicated above. Bidders shall be
solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.
3. INTERPRETATION OF BID DOCUMENTS
Any request for an interpretation or clarification of the Bid Documents must be submitted online
through PlanetBids within the date and time specified. Proposers are not to contact City personnel or Elected Officials with any questions or clarifications concerning this IFB other than through PlanetBids. Any City response for this IFB that is not posted through PlanetBids is unauthorized and will be considered invalid. Any response that the City may choose to make for purposes of interpretation or clarification will be made available online via PlanetBids. Bidders’ inquiries must be received by 10:00 AM on 5/8/2025. Where such interpretation or clarification requires a change in the Bid Documents, the Ci
ty will prepare and issue an Addendum to the Bid Documents. The City shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bid process and terms and conditions will be in accordance with the Bid Documents herein stated above and the following:
a. Bid Letter & Bidding Schedule(s)
b. Schedule of Bid Items
c. Bidder’s Declaration
8 d. Non-Collusion Affidavit
e.
Equal Employment Opportunity Certification
f. Public Contract Code Section 10162 Questionnaire and Sections 10232 and 10285.1 Statements
g. Bid Bond
h. Designation of Subcontractors
i. Construction Project Reference
j. Bidder’s Assurance
k. Certificate of Non-Discrimination by Contractors
l. Project Labor Agreement – Letter of Assent
m. Cal/OSHA Certification
n. Addenda(s) (if any issued by the City)
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND JOB WALK
OPTIONAL JOB WALK: 5/6/2025 at 10:00 AM
LOCATION:
Mills Park, 1340 E Dimondale Dr, Carson CA 90746
Each prospective bidder is responsible for fully acquainting themselves with the conditions of the
Project Site, as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions, which may impact the total and adequate completion of the Project. Each prospective bidder is also responsible for conducting a walkthrough and for removal of any hazards that the City and bidders noticed or observed on the worksite.
Contractor shall monitor weather forecasts for adverse weather conditions that may impact the project and provide site and facilities protection due to unforeseen weather conditions during the course of the contract. Cost of this protection is included in the bid items.
Upon receiving the Notice to Proceed, the Contractor is required to provide proof of order that any long lead items have been ordered. Items that require long lead time shall be those that require 75 days or more to obtain, and determination of which items require long lead times shall be made solely by City. Proof of purchase must include confirmation and expected delivery date.
Electrical Equipment, Mechanical Equipment and other long lead time items, if any, are required to be stored and protected at a location agreed to by the City and the Contractor, to allow delivery confirmation inspection by the City and Project Manager.
5. ADDENDA
The City reserves the right to revise the Bid Documents prior to the bid opening date.
Revisions,
if any, shall be made by written Addenda and posted through PlanetBids.
Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, 9 form or manner of submission of bids, the City will extend the deadline for submission of bids by at least 72 hours. Otherwise, the City may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed.
The announcement of the new date, if any, shall be made by written Addendum and posted through PlanetBids. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda.
Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and non- responsive.
6. PREPARATION OF BIDS
Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted and may result in the Bid being declared non responsive. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, OR INDELIBLE PENCIL IS REQUIRED.
7. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted electronically through PlanetBids.
Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon.
ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED.
8. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder 10 in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designation joint venturer or partner on behalf of the joint venture or partnership in its legal name. All signatures on Powers of Attorney must be witnessed by a notary.
9. BID GUARANTEE (BOND)
Each bid shall be accompanied by cash, a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the City of Carson and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a bid, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the City, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the City may retain the bid guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. In addition, the Bid Bond must be submitted on the form furnished by the City, or one substantially in conformance with the City's form if previously approved in writing by the City.
Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank.
After the City has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the City rejects all Bids, it will promptly return to all Bidders their Bid guarantees.
10. SUBMISSIONS OF SEALED BIDS
Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be uploaded, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, onto PlanetBids as indicated in the Invitation for Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED.
11 No consideration shall be given by the City to bids received after the date and time set for the opening of
bids as provided in the Invitation for Bids except to the extent such date and time are extended via written addenda posted to PlanetBids.
11. DELIVERY, OPENING OF BIDS, DISCREPANCIES IN BIDS
Bids will be received by the City via PlanetBids shown in the Invitation for Bids up to the date and
time shown therein. Allow sufficient time to upload your documents. The bid management system will lock at the bid deadline date/time and not accept late bids and no exceptions will be made. Bidders will receive an e-bid confirmation number with a time stamp from the bid management system indicating that their bid was submitted successfully. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. For technical assistance with registering as a vendor, and/or downloading/uploading documents, please contact PlanetBids at (818) 992-1771.
Bids will be opened at the date and time stated in the Invitation for Bids unless such date and time are extended via written addenda posted to PlanetBids, and then reviewed by City.
The City reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the City, and to be the sole judge of the merits of the respective Bids received including for responsiveness and determination of Bidder’s responsibility.
In the event there is more than one bid item in a Bidding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and failure to do so will render the Bid non- responsive and may cause it to be rejected by the City. The bidder shall state alphanumerically the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies, or machinery, and completely perform the Contract. The total amount of each item bid and the total amount of the bid shall be stated alphanumerically as well.
If the unit price and the total amount named by a bidder for any items are not in agreement, the unit price alone, will be considered as representing the bidder's intention and the total will be corrected to conform thereto.
12. BID DOCUMENTS
All Bids shall include the following executed documents to be submitted with each bid:
• Bid Letter & Bid Schedule(s) - Pages 21-28
• Bidder's Declaration - Pages 30-31
• Non-Collusion Affidavit
• Equal Opportunity Certification - Page 32
• Public Contract Code Section10162 Questionnaire and Sections10232 and 10285.1 Statements - Page 33
• Bid Bond - Page 35
• Designation of Subcontractors - Pages 36-37
• Construction Project Reference - Pages 38-39
• Bidder's Assurance - Page 40
12 • Certificate of Non-Discrimination by Contractors - Page 41 • Project Labor Agreement Letter of Assent -
• Cal/OSHA Certification - Page 43
• Any Addenda Issued by the City - Download from PlanetBids
13. WITHDRAWAL OF BID
Electronic Bids are sealed and cannot be viewed by the City until the closing date and time.
If you need
to withdraw your bid, you may do so any time before the bid deadline, by going to the PlanetBids website and selecting “withdraw”. No bid may be withdrawn after the time set for opening of bids.
14. AWARD PROCESS / COMPETENCY OF BIDDERS
After the Bids have been opened, they will be checked for accuracy and compliance with all provi
sions as specified herein.
The City 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 including for responsiveness and determination of Bidder’s responsibility.
The award, if made, will be made within ninety (90) days after the opening of the bids, provided that the award may be made after said period if the successful bidder shall not have given the City written notice of the withdrawal of his or her bid.
Award will be made to the lowest responsive and responsible bidder.
In selecting the lowest responsive and responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the plans and specifications. To this end, each bid shall be supported by a statement of the bidder's experience on the form entitled "Construction Project Reference” bound herein. A bidder may be required to present evidence that he has successfully performed similar work of comparable magnitude or submit other evidence satisfactory t
o the City that he or his associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion.
No bid will be awarded to a Contractor who, at the time of the bid opening and “Award of the Contract,” is not licensed in accordance with the laws of the State of California under applicable provisions of the Business and Professions Code or to a Contractor who has failed to demonstrate the attributes of trustworthiness, quality, fitness, capacity and experience to satisfactorily and fully perform under the public works contract. The Contractor shall include the Contractor's license number, license classification, and license expiration date on the form furnished herein entitled "Construction Project Reference.” The licensing requirements for Contractors shall apply also to Subcontractors. In addition, any contractor or subcontractor who is ineligible under Lab C §§1777.1 and 1777.7 is prohibited from working on this Project.
Only manufacturers or contractors of established reputation or their duly authorized dealers or agents, having proper facilities for the manufacture of the materials or equipment and for 13 servicing same, or for proper execution of the work called for in the contract, will be considered i
n making the award.
15. DESIGNATION OF SUBCONTRACTORS
Pursuant to both state and federal law, the Bidders must designate the name, location of the place
of business, the California contractor license number, and the public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code and Title 49, Section 26.11 of the Code of Federal Regulations, of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the City, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the City has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the City about each subcontractor, other than the name, license number, DIR registration number, and location of each subcontractor.
16. LICENSE REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public
Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be non- responsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract.
17. DISQUALIFICATIONS OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a
person, firm, corporation or other entity that has submitted a sub bid to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub bid or quoti
ng prices to other bidders submitting a bid to the City.
More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future bids. Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, as further described in the Invitation for Bids, will disqualify a Bidder.
14 18. INSURANCE REQUIREMENTS
THE CONTRACTOR IS REQUIRED TO THOROUGHLY REVIEW
THE INS
URANCE REQUIREMENTS. Variance to the requirements
shall be submitted online through PlanetBids by the (RFI) due date and time listed and, as previously described on the Invitation for Bids section of this document. Any changes to the original insurance requirements will be disseminated in an Addendum format as previously described on item 5 of the Invitation for Bids.
Within the time specified in these Instructions to Bidders above, Bidder shall provide the City with four
identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VIII, licensed to do business in California, and satisfactory to the City.
19. REQUIRED BIDDER CERTIFICATIONS AND NOTARIZATIONS
Bidders must comply with the following:
A. BIDDER CERTIFICATIONS:
a. Bid Documents
i.
Bid forms
ii. Bidder’s Declaration
iii. Equal Opportunity Certification
iv. Public Contract Code Section 10162 Questionnaire and Sections 10232 and 10285.1 Statements
v. Construction Project References
vi. Bidder’s Assurance
vii. Certificate of Non-Discrimination by Contractors
viii. Project Labor Agreement Letter of Assent
ix. Cal/OSHA Certification
x. Addenda (if any issued by the City)
b. Contract Documents
i. None
B. BIDDER NOTARIZATIONS
a. Bid Documents
i. Non-collusion affidavit (per Public Contract Code Section 7106) ii. Bid bond
iii. Power of Attorney (if any)
b. Contract Documents
i. Payment bond
ii. Performance bond
20. BASIS OF AWARD; BALANCED BIDS
The City reserves the right to reject any or all Bids. Without limiting the generality of the foregoing, the
City may reject any Bid which, in its opinion when compared to other bids 15 received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. Ea
ch Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses, which will be incurred by the Bidder. The City may reject as non-responsive any bid, which unevenly weighs or allocates overhead and profit to one or more particular bid items.
21. FILING OF BID PROTESTS
Bidders may file a “protest” of a contract award in accordance with City of Carson Municipal Code Article
II, Chapter 6, Section 2613.
22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract
is awarded shall deliver to the City three identical counterparts of the Performance Bond and Payment Bond in the form supplied by the City and included in the Bid Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bonds must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City.
The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price.
See section 34 for modifications to this section
23. BIDDER PRE-QUALIFICATION
N/A
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES No mention shall be made in the bid of Sales Tax, Use Tax, or any other tax, as all amounts bid will
be deemed and held to include any such taxes that may be applicable.
Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents.
25. EXECUTION OF CONTRACT
The bidder to whom award is made shall execute a written contract with the City on the form agreeme
nt provided, and shall secure all insurance and bonds as herein provided within fifteen (15) working days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the bid guaranty. See section 34 for modifications to this section 16 26. CITY’S RIGHTS
The City may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished
by a Bidder, and require additional evidence of
qualifications to perform the work described in these Bid Documents. The City reserves the right to:
A. Reject any or all of the Bids if such action is in the best interest of the City.
B. Issue subsequent Invitation for Bids.
C. Cancel this entire Invitation for Bids.
D. Appoint evaluation committees to review any or all Bids.
E. Seek the assistance of outside technical experts to validate the Bid(s).
F. Approve or disapprove the use of particular subcontractors.
G. Waive informalities and irregularities in Bids.
H. Evaluate the capability of bidder to successfully fulfill the contract schedule.
The Invitation for Bids does not commit the City to enter into a contract, nor does it obligate the City to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract.
27. BIDDER’S RESPONSIVENESS
The City will evaluate Bids for responsiveness at the time of Bid opening and before award is made. O nl
y Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder’s representative.
28. BIDDER’S RESPONSIVENESS CHECKLIST
The City’s initial responsiveness evaluation will consider the following:
a. Completed and properly executed Bid Letter and Bidding Schedule (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, DIR registration number, and signature by authorized company officer; b. Completed Bid Data Forms (including Base Bid Price, Alternate Bid Price if any, valid and properly executed Bid Bond for 10% of the Total Bid Price and completed Lists of Proposed Subcontractors, and
c. Properly executed documents as follows:
i. Non-Collusion Affidavit - Page 34
ii. Bidder's Declaration - Pages 30-31
iii. Equal Opportunity Certification - Page 32
iv. Public Contract Code Section 10162 Questionnaire and Sections 17 10232 and 10285.1 Statements - Page 33
v. Construction Project References - Pages 38-39
vi. Bidder’s Assurance -
vii. Certificate of Non-Discrimination by Contractors - Page 41 viii. Project Labor Agreement Letter of Assent - Page 42 ix. Cal/OSHA Certification - Page 43
x. Addenda(s) (if any issued by the City)
- Download from PlanetBids.
xi. Affidavit of Non-Federal Lobbyist - Download from PlanetBids. xii. Acknowledgment of Insurance Endorsements - Download from PlanetBids. xiii. W9 - Download from PlanetBids.
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
a. Contract Bid Forms.
The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter.
(2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda – Receipt of addenda must be acknowledged in the space provided in the Bid Letter.
(4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initiated by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden.
Any comment by the Bidder which the City determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid non responsive and disqualify the Bidder from consideration for award.
b. List of Proposed Subcontractors (Forms).
State law prohibits substitution listed in the original Bid except as otherwise provided in Section 4107 and 4107.5 of the California Public Contract Code and applicable case law.
Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%) of the Total Bid Price.
(2) Location. For listed Subcontractors, identify the location of its place of If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form.
18 business (City and State).
(3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract.
(4) License. For listed Subcontractors, list current valid license number and DIR registration number.
30. RESPONSIBILITY CRITERIA
Responsibility is the apparent ability of the lowest responsive Bidder to meet and complete successfully the
requirements of the Contract. The City reserves the right to consider the financial responsibility and general competency of the lowest responsive Bidder, as well as its reputation within the industry. City may request the lowest responsive Bidder to provide a financial statement, audited if necessary, including the Bidder’s latest balance sheet and income statement, to demonstrate that he or she:
a. Has or can secure adequate financial resources to perform the contract; b. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and
c. Has a satisfactory record of performance. A contractor seriously deficient in past contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor:
i . Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; i i . Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and
i i i .Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them.
Notwithstanding the foregoing, contractors may be deemed not responsible if they do not meet any of the following requirements:
a. Generated a minimum of $15,000,000 of annual gross income during the last three (3) consecutive full calendar years;
b. Successfully completed at least two (2) park projects costing at least $4,000,000 each in the last three (3) years; or
c. Have been operating as a State Contractor’s Board licensed business for at least five (5) consecutive years.
31. ADDITIONAL REQUIREMENTS
The bidder's attention is directed to the Special Provisions and Technical Provisions bound herein f
or additional requirements of the Bid and Contract Documents. 19 The contactor that is awarded a construction contract must provide a construction baseline schedule
at least two working days prior to the scheduled pre-construction meeting.
32. FAIR EMPLOYMENT PRACTICES DOCUMENTS
Fair Employment Practices Documents are to be submitted by the low bidder within three days following the opening of bids. See encl
osed instructions and documents.
33. CONTRACT DOCUMENTS
The following Contract Documents are to be submitted AFTER award of contract:
Agreement
Faithful Performance Bond
Labor and
Material Bond (Payment Bond)
Workers' Compensation Insurance Certificate (Exhibit A-1) Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution Evidence of Insurance (COIs and endorsements)
See section 34 for modifications to this section
34. SUPERSEDING LANGUAGE REGARDING TIMING OF SUBMISSION OF
INSURANCE AND PERFORMANCE AND PAYMENT BONDS
Notwithstanding anything
else to the contrary in this IFB No. 25-10_, including but not limited to Sections 22, 25, and 33, the contract or selected by City staff to be the apparent lowest responsi
ve and responsible bidder will be required to submit all required insurance documentation (i.e., certificates of insurance and endorsements), contract executed by the contractor, and signed performance and payment bonds prior to City Council award of contract. However, such contractor will do so at its sole risk and cost as there is no guarantee City Council will agree with City staff’s recommendation of contract award, and City Council may elect to award the contract to a contractor other than the one recommended by City staff or perhaps elect to reject all bids and rebid. In either such event, contractor will not be reimbursed by City for any costs associated with obtaining insurance and signed bonds in advance of City Council’s consideration of contract award.
END OF INSTRUCTION TO BIDDERS
20 BID DOCUMENTS
PROJECT NO. 1795:
Mill
s Park Bldg Renovations
To Be Submitted
WITH
Bid Package
21 BID
PROJECT NO.: 1795
Mill
s Park Bldg Renovations
BID LETTER (IFB-25-10)
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY OF CARSON
701 EAST CARSON STREET
CARSON, CALIFORNIA, 90745
Mayor and Council Members:
The undersigned declares that he has carefully examined the location of the proposed work and that he has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:
CITY’S PROJECT NO.: 1795
TITLE: Mills Park Bldg Renovations
in accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special
Provisions and Technical Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction (current edition), and the requirements of the Engineer under said documents, for the prices shown herein. All work shall be completed within 200 working days from the dat
e the notice to proceed is issued by the Engineer.
22 BID
BID SCHEDULE – (IFB-25-10)
PROJECT NO. 1795
Mills
Park Bldg Renovations
ESTIMATEDITEM
NO. DESCRIPTION
QUANTITY
UNIT UNIT
PRICE
ITEM
COST
SITE SCHEDULE OF VALUES
S1 BONDING, INSURANCE, AND MOBILIZATION
(CARSON GENERAL CONDITIONS) 1 LS
S2 TRAFFIC CONTROL AND WORK SITE
PROTECTION 1 LS
S3 DEMOLITION AND SITE CLEARING 1 LS
S4
EARTHWORK, REMOVAL AND GRADING,
REMOVAL OF EXISTING PAVEMENT,
OVEREXCAVATION, AND CONCRETE
IMPROVEMENTS
1 LS
S5 WATER POLLUTION CONTROL 1 LS
S6 CURB RAMP 1 EA
S7 FULL DEPTH AC (2' WIDE X 1' DEEP) 60 SF
S8 4" DIA.SDR 35 DRAIN PIPE 210 LF
S9 6" DIA.SDR 35 DRAIN PIPE 275 LF
S10 8" DIA. SDR 35 DRAIN PIPE 300 LF
S11 NDS 900 SQ. CATCH BASIN WITH SQUARE
TRAFFIC GRATE 6 EA
S12 12"X12" BROOKS DRAIN BOX WITH TRAFFIC
COVER 1 EA
S13 PARKWAY DRAIN PER APWA STD.151-2, S=2' 1 EA
S14 NDS SPEED D BASIN RISER WITH 6" ROUND
GRATE 17 EA
S15 4"VCP SDR 35 WASTE LINE FROM PROPOSED
WATER TANK 80 LF
S16 SEWER CLEANOUT PER APWA STD. PLAN 204-2 1 EA
S17 2" PVC SCH 80 WATER SERVICE PIPE AND 2"
BACKFLOW PREVENTER 115 LF
S18 3/4" WATER SERVICE WITH GATE VALVE
RINSE OFF 1 LS
S19 CONSTRUCT 4" EXTRA STRENGTH SEWER,
CONNECT TO EXISTING 10" WATER 254 LF
S20 CONCRETE CURB (6" CURB FACE) 3 LF
23 S21 6" THICK REINFORCED PCC WALKWAY OVER
6" CAB 9800 SF
S22 6" THICK REINFORCED PCC WALKWAY OVER
6" CAB W/ INTEGRAL COLOR 30 SF
S23 6" THICK PCC SPLASH PAD PAVING 1300 SF
S24 12 X 24 PEDESTRIAN PAVER 1616 SF
S25 EXTERIOR ELECTRICAL AND LIGHTING 1 LS
S26 6" PCC CONTAINMENT CURB 21 LF
S27 12" RAISED CURB 12 LF
S28 6" PCC MAINTENANCE BAND 112 LF
S29 12" PCC MAINTENANCE BAND 85 LF
S30 12" DECORATIVE INTEGRAL COLOR BAND 342 LF
S31 24" DECORATIVE INTEGRAL COLOR BAND 57 LF
S32 6" DECORATIVE INTEGRAL COLOR BAND 76 LF
S33 BUILT-IN BLEACHER SEATING 1 LS
S34 POURED-IN-PLACE LOW WALL 'A' 25 LF
S35 POURED-IN-PLACE LOW WALL 'B' 80 LF
S36 POURED-IN-PLACE LOW WALL 'C' 36 LF
S37 SHADE STRUCTURE - 9' X 15' 1 EA
S38 METAL FENCING (4-1/2' HEIGHT) 230 LF
S39 HANDRAIL @ STAIRS 25 LF
S40 GUARDRAIL 15 LF
S41 STAIRS 65 SF
S42 SPLASH PAD GROUND SPRAYS 1 LS
S43 SPLASH PAD UNDERGROUND COLLECTOR
TANK 1 LS
S44
SPLASH PAD MECHNICAL EQUIPMENT
INCLUDING PUMP, CHEMICAL FILTRATION,
UV FILTRATION, EYE WASH, DIVERTER
VALVE, UNISTRUT, RAIN DIVERTER, DRAINS,
PIPES, AND PLUMBING CONNECTIONS
1 LS
S45 REMOVABLE TETHERBALL POST 2 EA
24 S46 FLAGPOLE W/ DECORATIVE PEDESTAL AND
UPLIGHTS 1 LS
S47 DIGITAL SIGN 1 LS
S48 ACCESSIBLE RINSE-OFF SHOWER AND
PLUMBING 1 LS
S49 6' DIA. TREE GRATE 1 EA
S50 PEBBLE SEAT 3 EA
S51 WASTE RECEPTACLE 3 EA
S52 ELECTRIC TANKLESS WATER HEATER 1 EA
S53 IRRIGATION SYSTEM MODIFICATIONS 1 LS
S54 SOIL PREP AND FINE GRADING 8660 SF
S55 WEED ABATEMENT 8660 SF
S56 ROOT BARRIERS 1 LS
S57 TREE - 36" BOX 3 EA
S58 SHRUBS - 5 GAL 169 EA
S59 SHRUBS - 1 GAL 325 EA
S60 TURF REPAIR (SOD) 1 LS
S61 WOOD MULCH - 3" LAYER 34 CY
S62 ONE-HUNDRED TWENTY (120) DAY
MAINTENANCE PERIOD 1 LS
S63 MONUMENT SIGN 1 LS
BUILDING SCHEDULE OF VALUES
B1 CONCRETE SLAB AND CONCRETE LANDING 1885 SF
B2 TUBE STEEL COLUMNS, CONNECTIONS, AND
MISC METAL FABRICATION 1 LS
B3 METAL SCREEN SECURITY MESH 450 SF
B4 WOOD STUD FRAMING AND MISCELLANEOUS
CARPENTRY 1 LS
B5 LOWER CASEWORK 24 LF
B6 UPPER CASEWORK 24 LF
B7 EXPOSED EAVE PLANK BOARD AND FASCIA
TRIM BOARD 308 SF
B8 PVC ROOFING SYSTEM, PVC WALKING PADS,
AND FLASHING 7360 SF
25 B9 DENSGLASS SHEATHING 6366 SF
B10 ROOF DRAINS 4 EA
B11 OVERFLOW DRAINS 4 EA
B12 EQUIPMENT PLATFORMS 5 EA
B13 WINDOWS 13 EA
B14 SINGLE DOORS, AND DOOR FRAMES WITH
HARDWARE 9 EA
B15 DOUBLE DOORS, AND DOOR FRAMES WITH
HARDWARE 8 EA
B16 ROLL-UP DOOR, AND DOOR FRAMES WITH
HARDWARE 1 EA
B17 NEW GYP BOARD AND PATCHING OF WALLS
AND CEILINGS 1 LS
B18 PAINTING OF INTERIOR AND EXTERIOR OF
BUILDING, CAULKING 1 LS
B19 WOOD STAIN EXTERIOR OF BUILDING EAVES
AND CEILING 1 LS
B20 FLOOR TILE, COMPLETE WITH GROUT AND
SEALING AT RESTROOMS 915 SF
B21 WALL TILE, COMPLETE WITH GROUT AND
SEALING AT RESTROOMS 2240 SF
B22 FIBER-REINFORCED PLASTIC WALL PANELS
OVER GYPSUM 1930 SF
B23 POLISH CONCRETE FINISH WITH SEAL 2320 SF
B24 RUBBER BASE 2500 LF
B25 ACOUSTICAL T-BAR CEILING SYSTEM 522 SF
B26 LUXURY VINYL TILE FLOORING SYSTEM 2075 SF
B27 ACCESS PANELS FOR PLUMBING 7 EA
B28 RESTROOM ACCESSORIES, SOAP DISPENSER 9 EA
B29 RESTROOM ACCESSORIES, MIRROR 18X36 4 EA
B30 RESTROOM ACCESSORIES, MIRROR 48X36 2 EA
B31 RESTROOM ACCESSORIES, SEAT COVER
DISPENSER 10 EA
B32 RESTROOM ACCESSORIES, 42X54 LONG TWO
WALL GRAB BAR 4 EA
B33 ALL RESTROOM ACCESSORIES, TOILET TISSUE
DISPENSER 10 EA
B34 ALL RESTROOM ACCESSORIES, SANITARY
NAPKIN DISPOSAL 6 EA
B35 ALL RESTROOM ACCESSORIES, CLOTHES
HOOKS 10 EA
26 B36 ALL RESTROOM ACCESSORIES, PAPER TOWEL
DISPENSER 4 EA
B37 ALL RESTROOM ACCESSORIES, BABY
CHANGING STATION 4 EA
B38 ACCESSIBLE TOILET STALL; SOLID PHENOLIC
PARTITIONS (4 TOTAL) 1 LS
B39 REGULAR TOILET STALL; SOLID PHENOLIC
PARTITIONS (6 TOTAL) 1 LS
B40 URINAL PARTITION; SOLID PHENOLIC
PARTITIONS 1 LS
B41 KITCHEN EQUIPMENT; STOVE INSTALLATION 1 EA
B42 KITCHEN EQUIPMENT; MICROWAVE
INSTALLATION 1 EA
B43 KITCHEN EQUIPMENT; REFRIGERATOR
INSTALLATION 1 EA
B44 KITCHEN EQUIPMENT; ICEMAKER
INSTALLATION 1 EA
B45 KITCHEN EQUIPMENT; GARBAGE DISPOSAL
INSTALLATION 1 EA
B46 KITCHEN EQUIPMENT; WALL MOUNT TV
INSTALLATION 1 EA
B47 RESTROOM SIGNAGE, ROOM I.D. &
GEOMETRIC 4 EA
B48
WATER HAMMER ARRESTOR AND
THERMOSTATIC MIXING VALVE PLUMBING
FIXTURES WITH REQUIRED BACK SUPPORTS,
VENTING PIPES, SUPPLY PIPES, AND SEWER
CONNECTIONS
1 EA
B49
WATER CLOSET PLUMBING FIXTURES AND
REQUIRED BACK SUPPORTS, FLUSHOMETER,
VENTING PIPES, SUPPLY PIPES, AND SEWER
CONNECTIONS
10 EA
B50
URINAL PLUMBING FIXTURES AND REQUIRED
BACK SUPPORTS, FLUSHOMETER, VENTING
PIPES, SUPPLY PIPES, AND SEWER
CONNECTIONS
2 EA
B51
LAVATORY FIXTURES WITH FAUCET AND
REQUIRED BACK SUPPORTS, VENTING PIPES,
SUPPLY PIPES, AND SEWER CONNECTIONS
8 EA
B52 FLOOR DRAIN FIXTURES, TRAP PRIMER, AND
SEWER CONNECTIONS 6 EA
B53 FLOOR SINK FIXTURES, TRAP PRIMER, AND
SEWER CONNECTIONS 1 EA
B54
MOP SINK FIXTURE WITH FAUCET AND
REQUIRED BACK SUPPORTS, VENTING PIPES,
SUPPLY PIPES, AND SEWER CONNECTIONS
1 EA
B55
WATER HEATER WITH REQUIRED VENTING
PIPES, SUPPLY PIPES, AND POWER
CONNECTIONS
1 EA
B56
SINK FIXTURES WITH FAUCET AND REQUIRED
BACK SUPPORTS, VENTING PIPES, SUPPLY
PIPES, AND SEWER CONNECTIONS
2 EA
27 B57
DRINKING FOUNTAIN FIXTURE AND
REQUIRED BACK SUPPORTS, VENTING PIPES,
SUPPLY PIPES, AND SEWER CONNECTIONS
2 EA
B58 HVAC's ROOF TOP SYSTEM, DUCT WORK,
REGISTERS, AND AIR BALANCING
1 EA
B59 HEAT PUMP UNIT SYSTEM, DUCT WORK,
REGISTERS, AND AIR BALANCING
2 EA
B60 EXHAUST FANS, DUCT WORK, REGISTERS,
AND AIR BALANCING
7 EA
B61
KITCHEN EXHAUST HOOD AND RANGE
EXHAUST HOOD, DUCT WORK, REGISTERS,
AND AIR BALANCING
1 EA
B62
SERVICE, ELECTRICAL PANELS, POWER,
SWITCHING, DISTRIBUTION, OCCUPANCY
SENSORS, DATA, AND COMMUNICATION
CONDUITS
1 LS
B63 SERVICE, ALL RESTROOM HAND DRYER 4 EA
B64 SERVICE, INTERIOR LINEAR LIGHT FIXTURES 62 EA
B65 SERVICE, INTERIOR 4"X4" LIGHT FIXTURES 22 EA
B66 SERVICE, INTERIOR ILLUMINATED EXIST
LIGHT FIXTURES
7 EA
B67 SERVICE, EXTERIOR LIGHT FIXTURES 10 EA
B68 REINSTALLATION OF EXISTING FIRE
EXTINGUISHER CABINET & EXTINGUISHER
1 EA
B69 FIRE ALARM SYSTEM, SENSORS, PANEL, &
STROBES 1 LS
B70 STUCCO 1 LS
B71 INSULATION ROOF AND WALLS 1 LS
B72 CEMENT BOARD 2240 SF
B73 T&G 2110 SF
B74 COUNTER TOPS 150 SF
X Allowance 1 LS
TOTAL BASE BID AMOUNT*
Figures
Words
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of days indicated in the Invitation for Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the owner and another contractor, whichever is earlier. The undersigned also agrees that if there is a discrepancy between
28 the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. In case of any discrepancy between th e unit price and the extended total, the unit price shall prevail.
Attached hereto is cash, a certified check, a cashi er's check, or a bidder's bond in the amount of _______________________________________________________________________Dollars, said amount being not less than 10 percent of the a mount bid. Pursuant to Public Contract Code Section 20174, it is agreed a portion equal to the difference between the low bid and bid submitted by the second lowest responsible bidder shall be re tained as liquidated damages by the Owner if the undersigned fails or refuses to execute the Con tract and furnish the required bonds and certificates of insurance and endorsements within t he time provided and Owner awards the Contract to the second lowest responsible bidder. The surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety on the bidder’s bond if a bond is used. *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN IN FIGURES AND WORDS
COMPANY________________________________________________________________
SIGNED_________________________________DATE_____________________________
29 BID
SCHEDULE OF BID ITEMS
PROJECT NO. 1795
Mill
s Park Bldg Renovations
NOTE:
All
amounts and totals in bid sheet will be subject to verification by the City. In case of variation between the unit price and the totals shown by the bidder, the unit price will be considered as the price.
The information given in the bid sheets is supplied to give an indication of the general scope of work but the accuracy of these figures is not guaranteed. It is understood the information given above is solely for the purpose of comparison of bids and the Contractor’s compensation will be computed upon the basis of actual quantities in the complete work, whether they be more or less than those shown herein.
The City has the right to increase or decrease any item in accordance with the Standard Specifications, and also to delete any item from this contract.
The undersigned agrees to execute the contract agreements form and complete the work in every detail as specified in the Contract Documents.
30 BID
PROJECT NO. 1795
Mill
s Park Bldg Renovations
BIDDER'S DECLARATION
It is understood and agreed that:
1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Invitation for Bids, the Instructions to Bidders, this Bid, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.
2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters that can in any way affect the work or the cost thereof.
3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Bid and he further understands that the Owner will not be responsible for any errors or omissions in the preparation of the Bid.
4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.
The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified, and provided all requirements in regard to bonds and insurance have been satisfied and will complete said work within the time specified in the Bidding Schedule.
The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance and endorsements within the period of time specified in the Contract Documents.
5. The undersigned certifies that this Bid is genuine and not a sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding. The undersigned has not in any manner sought by collusion to secure for himself any advantage over any other bidder.
6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The award for such work is to be entirely at the discretion of the Owner after evaluation of the bids as submitted. Pursuant to Public Contract Code Section 20174, the undersigned agrees that the Owner shall retain from the undersigned’s bid security an amount equal to the difference between the low bid and amount of the bid submitted by the second lowest responsible bidder, and the surplus, if any, shall be returned to the lowest bidder in accordance with the provisions of the Public Contract Code Section 20174 in the event of his failure or refusal 31 to execute a Contract and furnish required bonds and insurance therefor within the time provided and Owner awards the Contract to the second lowest responsible bidder.
7. This bid will not be withdrawn within a period of ninety (90) days after the date of its proper opening by the Owner.
8. The undersigned bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.
Respectfully submitted,
_______________________________ ______________________________________ Contractor's Business Name Contractor Title
________________________________ ______________________________________ Business Address: Street By Title
________________________________ ______________________________________ City State Zip Contractor's License No. and Classification ________________________________ ______________________________________ Business Phone Number Date
________________________________ ______________________________________ Name Title Residence: Street
________________________________ ______________________________________ City State Zip Residence Phone Number
Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the co- partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.
32 BID
PROJECT NO. 1795
Mill
s Park Bldg Renovations
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
THE BIDDER’S EXECUTION O
N THE SIGNATURE PORTION OF THIS
BID SHALL ALSO CONSTITUTE AN ENDORSEMENT AND
EXECUTION OF THOSE CERTIFICATIONS, WHICH ARE A PART OF
THIS BID
The bidder ____, proposed subcontractor _____ hereby certifies that he has ___, has not ___, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
33 BID
PROJECT NO. 1795
Mills Park Bldg R
enovations
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In accorda
nce with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___, has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1100, including the Regents of the University of California of the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1
Note: The bidder must place a check mark after “has” or “has not” in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In
accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In
accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of a Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement is part of the Bid. Signing this bid on the signature portion thereof shall also constitute signature of this Statement.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
34 BID
PROJECT NO. 1795
Mill
s Park Bldg Renovations
NON-COLLUSION DECLARATION-CONTRACTOR
To be Executed by Bidder and Submitted with Bid
City of Carson IFB No. 25-10
The undersigned declares:
I am t
he ______________________ [title] of ______________________company name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on _____________[date], at ______________________[city], _____________[state].
Signature
Print Name
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)
35 BID
PROJECT NO. 1795
Mill
s Park Bldg Renovations
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT , as Principal,
and , as Surety, are
held firmly bound unto the Owner, consisting of one or both of the following described public entities:
[X ] T he City of Carson, California
[ ] Succ essor Agency
in the sum of $ ;
DOLLARS,
(not less than ten percent of total amount of bid)
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to said Owner to perform all work required under the following:
PROJECT NO.: 1795
TITLE: Mills Park Bldg Renovations
NOW, THEREFORE, if said Principal is awarded a Contract by said Owner and, within the time and in the manner required in the Specifications for said project, enters into the written form of Contract bound with said Specifications and furnishes the required insurance and bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said Owner and judgment is recovered, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court.
SIGNED AND SEALED, this day of , 20 .
(SEAL) (SEAL)
Principal Surety
BY: BY:
Signature Signature
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)
36 BID
PROJECT NO. 1795
Mill
s Park Bldg Renovations
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100- 4114 of the Public Contract Code of the State of California, and any amendments thereto, and Title 49, Section 26.11 of the Code of Federal Regulations, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid or $10,000, whichever is greater, the subcontractor’s State contractor’s license number, and the subcontractor’s Department of Industrial Relations (DIR) registration number issued pursuant to Section 1725.5 of the Labor Code, as part of the information submitted for that proposed subcontractor, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner.
LIST OF PROPOSED SUBCONTRACTORS
[“Duplicate Next Page if needed for listing additional subcontractor.”] Company Name State License No.
Address: Class
City State Zip Portion of Work (%)
Desc of Work to be Subcontracted
Company Name State License No.
Address: Class
City State Zip Portion of Work (%)
Desc of Work to be Subcontracted
37 LIST OF PROPOSED SUBCONTRACTORS CONT’D
Company Name State License No.
Address: Class
City State Zip Portion of Work (%)
Desc of Work to be Subcontracted
Company Name State License No.
Address: Class
City State Zip Portion of Work (%)
Desc of Work to be Subcontracted
Company Name State License No.
Address: Class
City State Zip Portion of Work (%)
Desc of Work to be Subcontracted
Company Name State License No.
Address: Class
City State Zip Portion of Work (%)
Desc of Work to be Subcontracted
Company Name State License No.
Address: Class
City State Zip Portion of Work (%)
Desc of Work to be Subcontracted
38 BID
PROJECT NO. 1795
Mills Park Bldg Ren
ovations
CONSTRUCTION PROJECT REFERENCE
The bidder is required to supply the following information. (Additional sheets may be attached if ne
cessary.)
In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed or in progress within the last 24 months.
Company Name:
Address:
Telephone:
Type of Firm:
(Individual, Partnership, or Corporation)
Contractor's State License Classification ____________ Expiration date______________ Contractor’s DIR No.
Corporate organized under the laws of the State of____________________________________ List the names and addresses of all members of the firm, or names and titles of all officers of the corporation____________________________________________________________ Number of years as a contractor in construction work of this type: .
Three projects of this type recently completed or in progress (within the last 24 months):
Project 1
Project Location Contract Am ount
Type of Project Date Completed
Contact person Phone Number
Project 2
Project Location Contract Am ount
Type of Project Date Completed
Contact person Phone Number
39 Project 3
Project Location Contract Amount
Type of Project Date Completed
Contact person Phone Number
Bidder's Signature
NOTE: If requested by the Owner, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition.
Bidder's Signature
40 BID
PROJECT NO. 1795
Mill
s Park Bldg Renovations
BIDDER'S ASSURANCE
FROM:
Name of Bidder:
Business Address:
Telephone No: ( )
TO:
Members of the Owner's Legislative Body
C/o City Hall
City of Carson, California
Members of the Owner's Legislative Body:
Pursuant to your published Invitation for Bids for:
PROJECT NO.: 1795
TITLE: MILLS PARK BLDG RENOVATIONS
The undersigned declares that he has carefully examined the location of the proposed work; that he has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders; and hereby proposes to furnish all materials, machinery, tools, labor, and services, and do all the work necessary to complete the project in accordance with said Plans and Specifications, and other Contract Documents, at the item prices on the bidding schedule.
BY: TITLE:
41 BID
PROJECT NO. 1795
Mills Park Bldg R
enovations
CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
As suppliers of goods or services to the Owner, the firm listed below certifies that it does not discrimi
nate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effec
t within your company:
42 BID
Project Labor Agreement
Letter of Assent
COMPANY LETTERHEAD
City of Carson
701 East Carson Street
Carson, CA 90745
Attn: City Manager
SUBJECT: MILLS PARK BLDG RENOVATIONS, PROJECT NO. 1795
Dear City Manager:
This
is to confirm that [name of company] agrees to be party to and bound by the City of Carson Project Labor Agreement executed March 4, 2020 (Agreement), as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.
Sincerely,
(Name of Construction Company)
By:___________________________
(Name and Title of Authorized Executive)
Contractor’s State License No: _______________________________________ Project Name: ______________________________________________________ 43 BID
CAL/OSHA CERTIFICATION
COMPANY LETTERHEAD
City of Carson
701 East Carson Street
Carson, CA 90745
Attn: City Manager
SUBJECT: MILLS PARK BLDG RENOVATIONS, PROJECT NO. 1795
Dear City Manager:
This
is to confirm that [name of company] has provided all required and necessary safety training to its employees related to the equipment to be utilized and work contemplated as described in the Invitation for Bids, and that all employees are familiar with the safety regulations pertaining to the work, in compliance with any and all Cal/OSHA regulations and mandates.
Sincerely,
(Name of Construction Company)
By:___________________________
(Name and Title of Authorized Executive)
Contractor’s State License No: _______________________________________ Project Name: ______________________________________________________ 44 PAGE INTENTIONALLY LEFT BLANK
45 FAIR EMPLOYMENT PRACTICES DOCUMENTS
PROJECT NO. 1795
Mill
s Park Bldg Renovations
To Be Submitted
By The Low Bi
dder
WITHIN THREE WORKING DAYS FOLLOWING
OPENING OF BIDS
46 FAIR EMPLOYMENT PRACTICES
PROJECT NO. 1795
Mill
s Park Bldg Renovations
INSTRUCTIONS
The Fair Employment Practices in Contracts, as adopted by Owner, requires that the Owner not do business with any firm that discriminates against any employee or applicant for employment because of race, color, religion, sex, or national origin.
Accordingly, every contract or subcontract of the Owner in excess of $10,000 for public works, or for goods and services, must be accompanied by a Certificate of Non-Discrimination, obligating the contractor or subcontractor to observe the requirements specified therein.
In addition to the Certificate of Non-Discrimination, the Fair Employment Practices in Contracts also requires that the lowest responsible bidder undertake an affirmative course of action to promote equal employment opportunities and to ensure that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Completion of the attached compliance report will satisfy this requirement. The apparent successful low bidder and each of its subcontractors must submit one copy of the compliance report to the City Engineer, Carson City Hall, 701 East Carson Street, Carson, California 90745, within three days after the opening of bids.
Ref: Resolution No. 83-008 ADOPTED 1/17/83
47 FAIR EMPLOYMENT PRACTICES
PROJECT NO. 1795
Mill
s Park Bldg Renovations
CONTRACTOR COMPLIANCE REPORT
This report must be completed by prime contractor and each subcontractor. Complete all items unless otherwise instructed. Use additional sheets if necessary. Submit one copy of the completed report to Owner:
C/o Engineering Services – PMFirstName PMLastName
[email protected]
Public Works Department (PWD)
Carson City Hall
701 East Carson Street
Carson, CA 90745
PART I. FIRM DESCRIPTION
1. Circle one: Prime Contractor Subcontractor
2. Name of Firm:
3 Address:
4. Name and address of principal official or manager:
5. Name and address of home office, if different from above:
6. Person completing this form:
Signature:
Name and Title:
Business Telephone: ( )
Date:
48 PART II: POLICIES AND PRACTICES (Circle proper answer)
1. Yes No Have you informed company officials and representatives regarding the non-discrimination provisions of the Owner's contracts?
2. Yes No Do your solicitations or advertisements for employment specify that you are an equal opportunity employer?
3. Yes No Do you have educational or training programs sponsored or financed for the benefit of employees or prospective employees? If so, please enumerate:
W = White B = Black H = Hispanic A = Asian AI = American Indian M = Male F = Female
4. Yes No Are any apprentices obtained from sources outside the employer's work force? If yes, have you circulated information about apprenticeship openings or opportunities to the following?
Yes No State Employment Offices
Yes No Newspapers or other media
Yes No High schools, including those in minority group areas Yes No Local trade or vocational schools
Yes No Agencies and organizations specializing in minority employment
If there are any apprenticeship programs, please list, along with ethnic breakdown:
JOB CATEGORY TRAINING PROGRAM W B H A AI M F TOTAL
JOB CATEGORY TRAINING PROGRAM W B H A AI M F TOTAL 49 5. Yes No If you are a prime contractor, have all subcontractors covered by these compliance inspection reports been instructed as to their contractual obligations relating to the non-discrimination provisions of the Owner's contracts?
6. Identify (names and addresses) the employment agencies, personnel recruitment organizations, newspaper advertising, or other non-union sources from which the company recruits its personnel.
NAME ADDRESS
7. Yes No Do you have a collective bargaining agreement with a labor union or other organization? If yes, specify the union or organization.
8. Yes No Does your company's collective bargaining agreement or other contract or understanding with a labor union or other working organization include a provision for non-discrimination in employment?
9. Remarks: Use this space for comment on any answers you have supplied. ________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 50 PART III A: EMPLOYMENT FIGURES (1)
Name of Firm:
Project Name:
Date Form Submitted:
Person Submitting Form:
Check One: Submit separate forms for company makeup (page 22), and for specific project makeup (page 23)
( X ) Permanent makeup of company
( ) Estimated makeup of employees on this specific project only MINORITY GROUPS*
JOB CATEGORIES TOTAL
EMPLOYED
WHITE BLACK HISPANIC ASIAN AMERICAN
INDIAN
M F
OFFICERS & OFFICIALS
PROFESSIONAL (2)
CLERICAL & OFFICE
FIELD SUPERVISOR
SKILLED/SPECIFY
TRADE
A
B
C
D
SEMI-SKILLED (3)
UNSKILLED (4)
TOTAL ITEMS 1-7
(1) This report must be completed by prime contractor and each subcontractor. (2) Occupations requiring college education or equivalent experience: e.g., accountants, architects, scientists, teachers, etc.
(3) Workers who operate equipment or perform factory-type duties of intermediate skill level: e.g., auto attendants, laundry operators, truck drivers, etc.
(4) Works in manual occupations: e.g., laborers performing lifting, digging, mixing or loading operations, etc. * An employee may be included in the minority group in which he/she appears to belong, or is regarded in the community as belonging. Eliciting information as to the racial or ethnic identity of an employee by direct inquiry is not encouraged.
51 PART III B: EMPLOYMENT FIGURES (1)
Name of Firm:
Project Name:
Date Form Submitted:
Person Submitting Form:
Check One: Submit separate forms for company makeup (page 22), and for specific project makeup (page 23)
( ) Permanent makeup of company
( X ) Estimated makeup of employees on this specific project only MINORITY GROUPS*
JOB CATEGORIES TOTAL
EMPLOYED
WHITE BLACK HISPANIC ASIAN AMERICAN
INDIAN
M F
OFFICERS&OFFICIALS
PROFESSIONAL (2)
CLERICAL & OFFICE
FIELD SUPERVISOR
SKILLED/SPECIFY
TRADE
A
B
C
D
SEMI-SKILLED (3)
UNSKILLED (4)
TOTAL ITEMS 1-7
(1) This report must be completed by prime contractor and each subcontractor. (2)
Occupations requiring college education or equivalent experience: e.g., accountants, architects, scientists, teachers, etc.
(3) Workers who operate equipment or perform factory-type duties of intermediate skill level: e.g., auto attendants, laundry operators, truck drivers, etc.
(4) Works in manual occupations: e.g., laborers performing lifting, digging, mixing or loading operations, etc. An employee may be included in the minority group in which he/she appears to belong, or is regarded in the community as belonging. Eliciting information as to the racial or ethnic identity of an employee by direct inquiry is not encouraged.
52 CONTRACT DOCUMENTS
PROJECT NO. 1795
Mill
s Park Bldg Renovations
To be Submitted
AFTER
Award of Contract
53 CONTRACT
PROJECT NO. 1795
Mill
s Park Bldg Renovations
PUBLIC WORKS AGREEMENT
BETWEEN THE CITY
OF CARSON AND
_____________________
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 ________________, _________________ (“ 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 the 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 _Mills Park Bldg Improvements (“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, 54 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 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”) and the Construction Specifications Institute 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.
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 is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
Registration 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.
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.
Penalty 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.
Payroll 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 55 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.
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 Title 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 journeyman and apprentice hours performed under this Agreement.
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.
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 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.
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.”
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 56 prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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 Agreement. 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 57 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.
(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 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 provisions 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 protective 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 components thereof 58 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 negligence. Stored materials shall be reasonably 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 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) 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 to 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.
(d) 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 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 59 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. (e) 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, 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. (f) 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:
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.
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.
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; description 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.
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 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.
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.
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 60 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 _____________________ Dollars ($__________) (“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 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.
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.
61 (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 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 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 (_200___) 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.
62 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 ($3,000) as liquidated damages for each calendar day of delay in the performance 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.
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:
________________________ ________________________
(Name) (Title)
63 ________________________ ________________________
(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 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 Gibert Marquez 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.
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 64 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 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 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.
(g) 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.
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.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
65 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 provisions 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 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 damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’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 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 specified minimum limits of insurance and coverage shall be available to City.
5.2 General Insurance Requirements.
(h) 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. 66 (i) 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.
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 the Services hereunder by Contractor, its agents, representatives, employees or subcontractors.
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 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.
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.
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.
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.
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 proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
67 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 cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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.
Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party 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.
Agency’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.
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.
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.
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 68 liability, loss, damage, expense, cost (including without limitation 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 contained 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 should 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 Contractor 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.
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.
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:
(j) 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. (k) 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 69 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 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.
70 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, 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 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.
(l) 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.
(m) 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. (n) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City 71 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. (o) 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 admissions 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 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 conditions 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.
7.3 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. 72 (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 conferences, 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 extra 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:
(p) 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.
Supporting Documentation. The Contractor shall submit all claims in the following format:
Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.
Chronology of events and correspondence related to the claim.
Statement of grounds for the claim.
Analysis of the claim’s cost, if any.
Analysis of the claim’s time/schedule impact, if any.
73 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.
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 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.
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.
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.
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.
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 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.
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. 74 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.
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.
All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
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.
Government Code Claims. If following 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 that 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 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.
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:
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. 75 If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
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.
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.
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 Code section 7103.5, in 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 76 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.
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 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. 77 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.
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 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 counterparts 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 modifications cannot be waived and that any attempted waiver shall be void.
78 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.
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 Sections 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, 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 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]
79 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
______________________________
_________________, Mayor
ATTEST:
________, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________
Sunny K. Soltani, City Attorney
CONTRACTOR:
___________________________________
*By: _______________________________
Name: _____________________________
Title: _____________________________
*By: _______________________________
Name: _____________________________
Title: _____________________________
Address:
____________________________________
____________________________________
____________________________________
*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. 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. 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. 01007.0006/712786.4 A-1
EXHIBIT A
CONTRACTOR’S BID
(attach contractor’s bid here)
B-1
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.
01203.0006/300347.1 D-1
EXHIBIT C
PERFORMANCE BOND
PROJECT NO. 1795
Mill
s Park Bldg Renovations
We, _________, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, repre
sentatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of __________ U.S. Dollars and ____ Cents ($_______). 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 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 obligation 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.
C-1
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.
D-1
EXHIBIT D
PAYMENT BOND
PROJECT NO. 1795
Mill
s Park Bldg Renovations
We, ______, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, repre
sentatives, 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 ______________ U.S. Dollars and ______ Cents ($________). 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 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.
D-1
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.
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.
E-1
EXHIBIT E
INVOICE FORM
81 CONTRACT
PROJECT NO. 1795
Mill
s Park Bldg Renovations
EXHIBIT A-1
WORKER'S COMPENSATION IN
SURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
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 the Contract.
DATED:
CONTRACTOR
By
Signature
Title
ATTEST:
By
Signature
Title
82 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description: ________________________________________ ______________________________________________________________________________________ Indemnit
or(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Carson and Successor Agency and their respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys’ fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by or subject to the approval of Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name_______________________________________ Name_____________________________________ By:_________________________________________ By:_______________________________________
TO BE SIGNED BY THE CONTRACTOR
83 EXHIBIT A
INSTRUCTIONS FOR COMPLETING, EXECUTING AND SUBMITTING
EVIDENCE OF INSURANCE TO THE OWNER
Insured: Date:
(Contractor, Lessee, Permittee, etc.)
Insured
A. 1. In order to reduce problems and time delays in providing evidence of insurance to the Owner, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement forms along with these instructions for completing, executing, and submitting evidence of insurance.
2. If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, then a copy of the certificate from the State authorizing self-insurance for Workers' Compensation shall meet the requirements for Workers' Compensation insurance covering activities within the State of California.
3. All questions relating to insurance should be directed to the department or office responsible for your contract, lease, permit, or other agreement.
Insurance Agent or Broker
B. 1. The appropriate Endorsement Form shall be used. No changes in the terms of the Endorsement will be permitted. Certificates of Insurance alone will not be accepted by the Owner.
2. More than one insurance policy may be required to comply with the insurance requirements. Endorsement forms appropriate to your insured's contract, lease or permit are checked below and enclosed.
(X) Workers' Compensation/Employers Liability
84 (X) General Liability
(X) Automobile Liability
(X ) Excess/umbrella Liability
( ) Professional Liability
( ) Property insurance
( ) Fine Arts Property Insurance
3. You shall have an authorized representative of the insurance company sign the completed endorsement forms, note his phone number at the bottom of page 2 and have said representative transmit the forms to the Owner. Signatures must be originals as the Owner will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures.
4. The name of the Insurance Company underwriting the coverage and its address shall be noted on page 2 of the endorsement form.
5. The "General description of agreement(s) and/or activity(ies) insured" shall include reference to the activity and/or to either the specific Owner contract number, lease number, permit number or construction approval number.
6. The coverages and limits for each type of insurance are specified in the attached sheet of insurance requirements. When coverage is on a scheduled basis, then a separate sheet is to be attached to the endorsement listing such scheduled locations, vehicles, etc., so covered.
7. Endorsements to excess policies will be required when primary insurance is insufficient in complying with the Owner's requirements.
8. If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached.
9. When additional sheets are attached, change the number of pages at the bottom of the form.
85 10. Completed Endorsement(s) and questions relating to the required insurance are to be directed to:
Risk Management Department
Project No. 01642
City of Carson
701 E. Carson Street
Carson, CA 90745
(310) 830-7600
11. Improperly completed Endorsements will be returned to your insured for correction by an authorized representative of the insurance company.
12. DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT
FORMS MAY DELAY YOUR INSURED'S INTENDED OCCUPANCY OR
OPERATION UNDER AGREEMENT WITH THE OWNER.
13. For extensions or renewals of insurance policies which have the Owner's Endorsement Form(s) attached, the Owner will accept a copy of the endorsement (with an original signature) to extend the period of coverage as evidence of continued coverage.
86 EXHIBIT B
GENERAL COMPREHENSIVE LIABILITY ENDORSEMENTS
(SAMPLE)
NAME OF ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The Owner, consisting of one or both of the following described public entities:
[X] The City of Carson, California
[ ] The Successor Agency to Carson Redevelopment Agency and its or their elected officials, officers, agents and employees are additional insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance maintained by the Owner.
3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.
4. Insurance company shall waive subrogation against Owner, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the first named insured or others providing insurance evidence to waive their right of recovery prior to a loss.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Carson, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management Department
PROJECT NO. 1795
Mills Park Bldg Renova
tions
City of Carson
701 E. Carson Street
Carson, CA 90745
(310) 830-7600
87 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
Endorsement Effective Policy No.
No. Date
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM TO LIABILITY
Scheduled items or locations are to be identified on an attached sheet.
The following inclusions relate to the above coverages:
( ) Premises & Operations ( ) Explosion Hazard
( ) Contractual Liability ( ) Collapse
( ) Independent Contractors ( ) Underground Hazard
( ) Products/Completed Operations ( ) Personal Injury ( ) Broad Form Property Damage ( )
( ) Broad Form Liability Endorsement
A deductible or self-insured retention (strike out one) of applies to coverage.
DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE .
INSURANCE COMPANY
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the above- named insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 2024
Phone No.: ( )
88 EXHIBIT C
AUTOMOBILE LIABILITY ENDORSEMENTS
(SAMPLE)
NAME OF ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The Owner, consisting of one or both of the following described public entities:
[X] The City of Carson, California
[ ] The Successor Agency to Carson Redevelopment Agency and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance maintained by the Owner.
3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.
4. Insurance company shall waive subrogation against Owner, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the first named insured or others providing insurance evidence to waive their right of recovery prior to a loss.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Carson, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management Department
PROJECT NO. 1795
Mills Park Bldg Renova
tions
City of Carson
701 E. Carson Street
Carson, CA 90745
(310) 830-7600
89 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
Endorsement Effective Policy No.
No. Date
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM TO LIABILITY
Scheduled items or locations are to be identified on an attached sheet.
The following are covered by the policy:
( ) Owned Automobiles ( ) Owned, Nonowned and Hired Automobiles ( ) Nonowned Automobiles
( ) Hired Automobiles
A deductible or self-insured retention (strike out one) of applies to coverage.
DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE .
INSURANCE COMPANY
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 2024
Phone No.: ( ___ ) ______________
90 EXHIBIT D
WORKERS' COMPENSATION/EMPLOYERS LIABILITY
SPECIAL CANCELLATION NOTICE ENDORSEMENT
(SAMPLE)
NAME AND ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
This policy shall not be subject to cancellation except after notice in writing shall have been sent not less than thirty (30) days prior to the effective date thereof by certified mail, return receipt requested, addressed to Risk Management, City of Carson, P.O. Box 6234, Carson, CA 90749.
The company agrees to waive all rights of subrogation against the Owner, consisting of one or both of the following described public entities:
[X] The City of Carson, California
[ ] The Successor Agency to Carson Redevelopment Agency and its or their elected officials, officers, agents and employees.
Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
Endorsement Effective Policy No.
No. Date
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM TO LIABILITY
Workers' Compensation Statutory
Employers Liability
91 The following are included in the above coverages:
( ) Broad Form All States Endorsement
( ) Voluntary Compensation Endorsement
( )
( )
INSURANCE COMPANY
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 2024
Phone No.: ( ___ ) ______________
92 EXHIBIT E
EXCESS LIABILITY INSURA
NCE ENDORSEMENTS
(SAMPLE)
NAME AND ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement
now or hereafter attached thereto, it is agreed as follows:
1. The Owner, consisting of one or both of the following described public entities:
[X] The City of Carson, California
[ ] The Successor Agency to Carson Redevelopment Agency and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance maintained by the Owner.
3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.
4. Insurance company shall waive subrogation against Owner, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the first named insured or others providing insurance evidence to waive their right of recovery prior to a loss.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Carson, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management Department
PROJECT NO. 1795
Mills Park Bldg Renovations
City of Carson
701 E. Carson Street
Carson, CA 90745
(310) 830-7600
93 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
Endorsement Effective Policy No.
No. Date
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM TO LIABILITY
AMOUNT EXCESS OF
Excess Liability
( ) Following Form
( ) Umbrella Liability
( ) Other
Applicable underlying coverages
Insurance Company Policy No. Amount
The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
A deductible or self-insured retention (strike out one) of $ applies to coverages not included in underlying policies.
DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE .
INSURANCE COMPANY
ADDRESS:
I, , (print name) hereby declare under penalty of perjury, under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted)
Executed at , on , 2024
Phone No.: ( ___ ) ______________
SPECIAL PROVISIONS
PROJECT NO.: 1795
Mill
s Park Bldg Renovations
SP-ii
SPECIAL PROVISIONS
PROJECT NO.: 1795
Mill
s Park Bldg Renovations
TABLE OF CONTENTS
Page No.
PREFACE: STANDARDS SPECIFICATIONS AND
STANDARD DRAWINGS SP-1
PART 1 GENERAL PROVISIONS
Section 1: General
1-2 Terms and Definitions SP-1
1-7 Award and Execution of the Contract SP-2
1-7.1 General SP-2
1-7.1.1 Bid SP-2
1-7.1.2 Examination of Plans, Specifications,
and Project Site SP-2
1-7.1.3 Interpretation of Drawings and Documents SP-3
1-7.1.4 Award of Contract SP-3
1-7.1.5 Execution of Contract SP-4
1-7.1.6 Return of Bid and Guarantee SP-4
Section 2: Scope of the Work
2-2 Permits SP-4
2-4 Cooperation and Collateral Work SP-5
2-4.1 Relations with Other Contractors SP-5
2-10 Disputed Work SP-5
2-10.1 Retention of Imperfect Work SP-5
Section 3: Control of the Work
3-5.1
3-5.2
3-6
Inspection Requirements
Overtime Inspection Costs
The Contractor’s Representative
SP-6
SP-6
SP-7
3-7 Contract Documents SP-7
3-7.1 General SP-7
3-7.2 Precedence of Contract Documents SP-7
3-10 Surveying SP-8
3-10.1 General SP-8
3-10.3 Line and Grade SP-9
3-10.4 Payment SP-9
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TABLE OF CONTENTS – continued Page No.
3-12 Work Site Maintenance SP-9
3-12.1 General SP-9
3-12.1.1 Contractor’s Responsibility for Work SP-10
3-12.4 Storage of Equipment and Materials SP-10
3-12.4.3 Construction Yard SP-10
3-12.6
3-12.6.3
Water Pollution Control
Storm Water Pollution Prevention Plan
SP-10
SP-10
3-13 Completion, Acceptance, and Warranty SP-11
3-13.3 Warranty SP-11
3-13.3.1 Warranty of Title SP-11
Section 4: Control of Materials
4-4 Testing
4-6 Trade Names
SP-12
SP-12
SP-12
Section 5: Legal Relations and Responsibilities SP-13
5-2 Special Notices SP-13
5-3 Labor SP-14
5-4 Insurance SP-14
5-7 Safety SP-18
5-7.9 Edison Energized Conductors SP-18
5-7.10 Emergency Provisions SP-18
Section 6: Prosecution and Progress of the Work
6-1 Construction Schedule and
Commencement of the Work SP-19
6-9 Liquidated Damages SP-19
Section 7: Measurement and Payment
7-2 Lump Sum Work SP-19
7-3 Payment SP-20
7-3.1 General SP-20
7-3.2 Partial and Final Payment SP-20
7-3.3 Delivered Materials SP-20
7-3.4 Mobilization SP-20
7-3.4.1 General SP-20
7-3.4.2 Measurement and Payment SP-20
7-3.9 Work Performed Without Direct Payment SP-21
7-4 Payment for Extra Work SP-21
7-4.3 Markup SP-21
7-4.3.2 Work by Subcontractor SP-22
SP-iv
PART 4 EXISTING IMPROVEMENTS
Section 402: Utilities
402 Utilities
402.1 Location
402-1.2 Payment
402-1.3 Exploratory Excavations
402-4 Relocation
SP-23
SP-23
SP-23
SP-23
SP-23
PART 6 TEMPORARY TRAFFIC CONTROL
Section 600 Access
600-1 General SP-24
600-2 Vehicular Access
600-2.1 Temporary Steel Plate Bridging
600-2.2 Street Closures, Detours, Barricades
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SP-25
SP-26
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
SPECIAL PROVISIONS
PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS The Standard Specifications for Public Works Construction written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specifications of the Owner. All work shall conform to the 2021 edition, including supplements, of the Standard Specifications, these Special Provisions which supplement or modify the Standard Specifications, and the Standard Drawings as issued by the Owner available at the time bids are opened, unless otherwise specified in the Contract Documents.
The above-referenced Standard Specifications, Special Provisions, and Standard Drawings are hereby made a part of the Contract Documents.
For the convenience of the Contractor, the section and subsection numbering system used in these Special Provisions corresponds to that used in the Standard Specifications.
PART 1: GENERAL PROVISIONS
Section 1. General
Section 1-2 Terms and Definitions
Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following:
(a) AGENCY [ X ] The City of Carson, California
[ ] Successor Agency
acting individually or collectively as the "Owner"
(b) BOARD [ X ] The City of Carson, California
[ ] Successor Agency
acting individually or collectively as the "Owner"
(c) CONTRACT Documents including but not limited to the Bid forms, DOCUMENTS Special Provisions, Technical Provisions, Bonds, Insurance, Contract, Plans, instructions to bidders, and all Addenda setting forth any modifications of the documents. (d) ENGINEER The City Engineer, Public Works Department or his authorized representative.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
(a) BIDDER An individual, co-partnership, association or corporation submitting a Bid for the work contemplated, acting directly or through a duly authorized representative.
(b) LEGAL ADDRESS The legal address of the Contractor to be the address given OF CONTRACTOR on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered.
(c) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract.
Section 1-7 Award and Execution of the Contract
Section 1-7.1 General
Section 1.7.1.1 Bid
The following is in addition to the provisions of Section 1-7:
The Bid shall be fully executed and submitted on the forms provided by the Owner and shall be delivered as directed in the "Invitation for Bids".
If the Bid is made by an individual it shall be signed and his or her full name and address shall be given; if it is made by a firm it shall be signed with co-partnership name by a general partner thereof, who shall also sign his or her own name, and the name and address of each member of such co-partnership shall be given; if made by a corporation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal.
Bidders are warned against making erasures or alterations of any kind on their Bid. Bids which contain omissions, erasures, alterations, conditions or additions not called for may be rejected.
At the time the Contract is awarded by the Owner the Contractor shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work required by this Contract.
Section 1-7.1.2 Examination of Plans, Specifications, and Project Site The following is in addition to the provisions of Section 1-7:
Bidders shall read the specifications, examine the drawings and/or locations list, and make their own estimates of the existing facilities and difficulties which will attend the execution of the work called for by the proposed contract, including local conditions, uncertainty of weather, and all other contingencies. Bidders shall satisfy themselves by personal examination of the SP-3
PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
locations of the proposed work, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Bid forms. Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or his assistants (or the Architects or their assistants), shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the Owner.
Section 1-7.1.3 Interpretation of Drawings and Documents The following is in addition to the provisions of Section 1-7:
If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpretation or a correction thereof. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be sent by certified mail, postage prepaid, or delivered to each person receiving a set of the Contract Documents whose address is known to the Engineer and such addendum shall be considered a part of and incorporated in the Contract Documents.
Section 1-7.1.4 Award of Contract
The following is in addition to the provisions of Section 1-7:
After the Bids have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein.
The Owner 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.
Award of the Contract, if it be awarded, will be made by the Owner within 90 days after opening of the bids. Award will be made to the lowest responsive responsible bidder.
In selecting the lowest responsive responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the Bid. To receive favorable consideration, a bidder may be required to present evidence that he has successfully performed similar work of comparable magnitude or submit other evidence satisfactory to the Owner that he or his associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work.
Only manufacturers or contractors of established reputation, or their duly authorized dealers or agents, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the contract, will be considered in making the award.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Section 1-7.1.5 Execution of Contract
The following is in addition to the provisions of Section 1-7:
A bidder whose Bid is accepted shall properly sign a written contract with the Owner on the form attached hereto and return said contract together with good and approved bonds and insurance certificates and endorsements as required by the Contract Documents within fifteen (15) calendar days from the date of the mailing of a notice from the Owner to the bidder, according to the address given by him, of acceptance of his Bid. Contract bonds and certificates of insurance and endorsements, if required, shall be filed in all instances before delivering any equipment, materials, or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified.
If a bidder whose Bid is accepted fails or refuses to enter into a contract as herein provided, or to conform to any stipulated requirement in connection therewith, the money represented by his check or bidder's bond shall be refunded less the difference between the low bid and the bid of the bidder with whom the Owner enters into an agreement in accordance with the provisions of the Public Contracts Code Section 20174. At the discretion of the Owner an award may be made to the bidder whose Bid is next most acceptable to the Owner, and such bidder and his surety shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made.
A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of its right to do business in California, and of the authority of the officer signing the contract and bonds for the corporation to so sign.
Section 1-7.1.6 Return of Bid and Guarantee
The following is in addition to the provisions of Section 1-7:
The check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed.
The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Checks or bid bonds of other bidders will be returned when their Bids are rejected or in any event at the expiration of ninety (90) days from the date of opening bids.
Section 2. Scope of the Work
Section 2-2 Permits
The following supersedes the provisions of Section 2.2:
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
The Contractor will obtain and pay for all permits necessary to perform the Work in streets, highways, railways or other rights-of-way, with exception that the fees for the City’s construction permit which will be waived for this contract.
The Contractor shall also obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. The contractor shall pay all business taxes or license fees that are required for the work.
In addition, the Contractor and each subcontractor employed upon the work must have or obtain a valid City of Carson Business License in accordance with the provisions of the Carson Municipal Code. The amount of the business license fee may be obtained from the City’s Finance Department at (310) 952-1748
Section 2-4 Cooperation and Collateral Work
The following is in addition to the provisions of Section 2-4:
2-4.1 Relations with Other Contractors
There may be construction work in progress by others. The Contractor shall coordinate construction activities with other contractors and shall attend coordination meetings as required by the Engineer. The following list provides the construction contact and owner/contractor with their expected construction schedule:
NO. OWNER CONSTRUCTION
CONTACT
CONTRACTOR ANTICIPATED
CONSTRUCTI
ON TIME
FRAME
1 City of Carson Raymond Velasco
[email protected]
MBC Enterprise
[email protected]
6601 Gothard St #G
Huntington Beach, CA
92647
Section 2-10. Disputed Work
Section 2-10.1 Retention of Imperfect Work
The following is in addition to the provisions of Section 2-10:
If any portion of the work done or materials furnished under the contract proves defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Section 3. Control of the Work
Section 3-5.1 Inspection Requirements
The Contractor shall notify the City Representative a minimum of 48 hours before inspection is required. a. Unless specified elsewhere in the Special Provisions, inspection of the Work will be provided by the City between the hours of 7:00 a.m. and 3:30 p.m., Monday through Friday, exclusive of City holidays.
The Contractor at the prevailing rate of 1-1/2 times the regular hourly wage rate, and overhead costs shall pay for any inspections requested by or made necessary because of the actions of the Contractor beyond the hours stated above.
The Contractor shall submit a request to the Engineer for approval, a minimum of five (5) Calendar Days, in advance of inspections requested by or made necessary as a result of the actions of the Contractor on Saturdays, Sundays or City and/or Federal holidays. The Contractor shall pay for these inspections at the prevailing rate of 1-1/2 times for Saturdays and 2 times the regular hourly wage rate for Sundays or City and/or Federal holidays plus associated overhead costs.
For purposes of this section, the following holidays are observed by the City:
DATE EVENT
January 1 New Year’s Day
Third Monday in January Martin Luther King’s
Birthday
Third Monday in February President’s Day
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
November 11 Veteran’s Day
Fourth Thursday in
November Thanksgiving Day
Friday Day after Thanksgiving
December 25 Christmas Day
b. The Contractor shall telephone the designated City Representative at least two (2) Working Days prior to starting construction or resuming construction following suspension of the Work for any reason.
Prior to commencing any work on the Contract, the Contractor shall submit a completed Inspection Overtime Permit form provided by the City of Carson.
3-5.2 Overtime Inspection Costs
The Contractor is hereby notified that he/she is responsible for all overtime inspection costs incurred by the City for all work performed at the discretion of the Contractor outside working hours in 3-5.1 of the Special Provisions.
The Contractor will be notified in writing of all overtime inspection costs incurred by the City.
Payment for overtime inspection costs will be withheld from progress payments to the Contractor.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Section 3-6 The Contractor's Representative
The following is in addition to the provisions of Section 3-6:
The Contractor shall furnish the Engineer with the name, address and business and home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices.
Section 3-7 Contract Documents
Section 3-7.1 General
The following is in addition to the provisions of Section 3-7.1:
The Standard Specifications for Public Works Construction and the Standard Plans for Public Works Construction are both promulgated by Public Works Standards, Inc. These publications are available for purchase from BNi Building News, Inc., 1612 South Clementine Street, Anaheim, California 92802, (800) 873-6397, www.bnibooks.com. These publications are copyrighted and
the City will not provide copies.
Standard Plans of the City of Carson are available for downloading on the internet, http://ci.carson.ca.us/PublicWorks/pwstandards.aspx
Section 3-7.2 Precedence of Contract Documents
The following supersedes the provisions of Section 3-7.2:
The order of precedence of contract documents shall be:
FIRST Requirements of law, including the Code and Ordinances of the City of Carson.
SECOND Permits from other agencies as may be required by law.
THIRD Permits from City of Carson Departments as may be required by law or ordinance.
FOURTH The Contract.
FIFTH The Bid.
SIXTH Addenda.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
SEVENTH Invitation for Bids.
EIGHTH Instructions to Bidders.
NINTH Technical Provisions.
TENTH Construction Plans.
ELEVENTH Special Provisions of the Standard Specifications.
TWELFTH Standard Plans.
THIRTEENTH Standard Specifications for Public Works Construction (current edition) as amended.
FOURTEENTH Reference Specifications.
Change orders, supplemental agreements, and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND, and THIRD. Detailed plans shall have precedence over general plans.
Section 3-10 Surveying
The following supersedes the provisions of Section 3-10:
Section 3-10.1 General
Unless otherwise provided in the Technical Provisions, lines and grades for construction shall be the responsibility of the Contractor.
The Contractor is required to locate and tie out survey monuments in the project area prior to construction involving streets and highway, and to file with the County Surveyor a Corner Record of any such work. Prior to the issuance of a completion certificate, the Contractor is required to file a Corner Record for survey monumentation that is replaced. All such survey work shall be performed under the supervision of a California licensed Land Surveyor or a Civil Engineer authorized to perform such work.
The Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties, and benchmarks located within the limits of the project. If any of the above requires removal, relocating, or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Any ties, monuments, or benchmarks disturbed during construction shall be reset per Los Angeles County standards after construction and the tie notes submitted to the County on 8 ½" x 11" loose leaf paper, after it is signed and recorded at the County Surveyor's Office. The Contractor and its sureties shall be liable for, at their expense, any resurvey required due to Contractor's negligence in protecting existing ties, monuments, benchmarks, or any such horizontal and vertical controls.
The Contractor shall provide the Owner a copy of the office calculations and documents submitted to the County for filing in connection with the aforementioned work.
Section 3-10.2 NOT USED
Section 3-10.3 Line and Grade
All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California-licensed Land Surveyor or Civil Engineer. Staking shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved.
The Contractor shall provide a copy of the office calculations and grade sheets to the Owner's Inspector. The Contractor shall be responsible for any error in the finished work and shall notify the Engineer within 24 hours of any discrepancies or design errors discovered during staking.
Section 3-10.4 Payment
Unless a separate bid item is provided, the payment for surveying, construction staking, related professional services, re-establish centerline ties, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed.
Section 3-12 Work Site Maintenance
Section 3-12.1 General
The following is in addition to the provisions of Section 3-12.1:
The Contractor shall provide and operate a self-loading motor sweeper with spray nozzles every day for the purpose of keeping the entire project site clean as acceptable to the City Engineer.
The Contractor shall keep adjacent properties clean and free of rubbish and debris in a timely manner as necessary and as directed by the Engineer.
Payment for the cleanup and dust control shall be included in the price paid for other items of work. No additional payment will be made for project site maintenance.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Section 3-12.1.1 Contractor’s Responsibility for Work
Until the formal acceptance of the work by the Owner, the Contractor shall have the charge and care thereof and shall, subject to the insurance protection furnished in accordance with 5-4 hereof, bear the risk of accident, loss or damage to any part thereof by action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work.
The Contractor shall rebuild, repair, restore and otherwise correct damages to any portion of the work occasioned by any of the above causes before its acceptance.
In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the proper temporary storage thereof.
Section 3-12.4 Storage of Equipment and Materials
Section 3-12.4.3 Construction Yard
The following is in addition to the provisions of Section 3-12.4:
The contractor shall be responsible to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the City. When storage sites are located in private properties, the Contractor shall be required to submit to the City written approval from the recorded owner authorizing the use of their property by the Contractor.
Section 3-12.6 Water Pollution Control:
Section 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP) The following is in addition to the provisions of Section 3-12.6.3:
Storm Water pollution work shall consist of constructing Best Management Practices facilities which may be shown on the Plans, specified elsewhere in these Special Provisions, required by the Standard Specifications, required by National Pollutant Discharge Elimination System (NPDES) permit ordered by the State Water Resources Control Board. Said work is intended to provide prevention, control and abatement of water pollution to streams, waterways and other bodies of water.
In order to provide effective and continuous control of storm water pollution, it may be necessary for the Contractor to perform the contract work in small or multiple units on an out-of-phase schedule and with modified construction procedures. The Contractor shall provide temporary BMP measures including, but not limited to, dikes, basins, ditches and the application of straw and seed bales which become necessary as a result of his operations. The Contractor shall coordinate storm water pollution control work with all other work done on the contract.
Before starting any work on the project, the Contractor shall submit to the Engineer for approval and acceptance a Storm Water Pollution Prevention Plan (SWPPP). SWPPP shall show the SP-11
PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
schedule for the erosion control work included in the contract and for all storm water pollution control measures which the Contractor proposes to take in connection with construction of the project to minimize the effect of his operations upon adjacent streams and other water bodies.
The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until such program has been accepted. The Contractor shall revise and bring up to date said storm water pollution control program at any time the Engineer makes written request for such revision.
The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised SWPPP in not more than five (5) days.
The Owner shall not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised storm water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable storm water pollution control program.
Compliance with the requirements of this Section shall in no way relieve the Contractor from his responsibility to comply with the other provisions of the Contract, in particular, his responsibility for damage and for preservation of property.
All storm water pollution control work performed in accordance with the accepted program which is not otherwise required under the contract and which is ordered by the Engineer will be paid for as follows:
(1) Such storm water pollution control work which may be accomplished under the various contract items of work will be measured and paid for as provided for in these Special Provisions for the said items of work.
(2) Such storm water pollution control work not covered by contract items will be paid for as extra work as provided for in Section 3-3 "Extra Work" of the Standard Specifications.
Except as otherwise provided in the Standard Specifications or elsewhere in these Special Provisions, full compensation for conforming to the requirements in this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefore.
Section 3-13 Completion, Acceptance, and Warranty
Section 3-13.3 Warranty
The following is in addition to the provisions of Section 3-13-.3 Section 3-13.3.1 Warranty of Title
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies and equipment installed and incorporated in the work, and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him, to the Owner free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm, or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Owner. The provisions of this section shall be inserted in all subcontractor's and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into regarding such materials.
Section 4. Control of Materials
Section 4-4 Testing
The following is in addition to the provisions of Section 4-4:
Testing of the complete traffic signal cabinet assembly including but not limited to the controller, battery back-up system, wireless communication equipment, etc. shall be delivered, tested and approved by the LA County Traffic Signal Shop prior to installation.
Typical testing time is 30-40 days. The material testing laboratory is located at:
Los Angeles County
Department of Public Works
Traffic Signal Shop
1525 Alcazar Street
Los Angeles CA 90033
The contractor shall make delivery arrangements with the Traffic Signal Shop 48 hours in advance by calling (626) 458-1704.
Section 4-6 Trade Names
The Contractor shall submit products list in accordance with the following:
a. Within the time specified in this Subsection of these Special Provisions, transmit number of copies Contractor needs plus four (4) of a list of major products which are proposed for installation, including name of manufacturer. Tabulate products by specification section number, title and article number.
b. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.
c. The Engineer will reply in writing, stating whether there is reasonable objection to listed items.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Failure to object to a listed item shall not constitute a waiver of requirements of Contract Documents.
The following limitations shall apply to substitutions:
a. Requests for substitutions of products shall be submitted within 10 Days after award of the Contract. The Contractor shall allow 28 Days for the Engineer to make this determination.
Subsequent requests will be considered only in the case of product unavailability or other conditions beyond control of Contractor. Material delivery schedules will not be considered justification for substitution.
b. Substitute products shall not be ordered or installed without written acceptance by the Engineer.
c. Only one request for substitution for each product line will be considered. When substitution is not accepted, provide specified product.
d. The Engineer will determine acceptability of substitutions.
Requests for substitutions shall conform to the following:
a. Submit separate request for each substitution. Document each request with complete data substantiating compliance of proposed substitution with requirements of Contract Documents. b. Identify product by specifications section and article numbers. Provide manufacturer's name and address, trade name or product, and model or catalog number. List fabricators and suppliers, as appropriate.
c. Give itemized comparison of proposed substitution with specified product, listing variations, and reference to specifications section and article numbers. d. Give cost data comparing proposed substitution with specified product, and amount of net change to Contract sum.
e. State effect of substitution on construction schedule, and changes required in other work or products.
Request for substitution constitutes a representation that Contractor has investigated proposed product and has determined that it is equal to or superior in all respects to specified product. The Contractor shall provide the same warranty for the substitution as for the specified product, shall coordinate installation of accepted substitute, making such changes as may be requested for Work to be complete in all respects, certifies that cost data presented is complete and includes all related costs under this Contract and waives claims for additional costs related to substitution which may later become apparent. The Contractor shall submit the number of copies the Contractor needs plus four of request for substitution. For accepted products, submit shop drawings, product data and samples, and tests conducted in accordance with 3-8 and 4.
Section 5. Legal Relations and Responsibilities
Section 5-2 Special Notices
The following supersedes the provisions of Section 5-2:
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:
Notice shall be given to the Owner by personal delivery thereof to the Owner's Engineer or by depositing the same in the United States mail enclosed in a sealed envelope, registered and with postage prepaid, addressed to:
c/o Engineering Services - Raymond Velasco
Public Works Department (PWD)
City of Carson
701 East Carson Street
Carson, CA 90745
Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Contract, postage prepaid and registered.
Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered.
Section 5.3 Labor
The following is in addition to the provisions of Section 5-3:
Each bidder must submit with their Bid a fully executed Certificate of Non-Discrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate.
After the opening of bids and the determination of the low bidder, said low bidder shall submit to the Engineering Services (PWD), not later than 5:00 P.M. on the third working day following the bid opening, a completed "Fair Employment Practices Contractor Compliance Report." The Contractor shall insert a provision in all subcontracts requiring subcontractors to comply with this section.
Section 5-4 Insurance
The following supersedes the provisions of Section 5-4:
The Contractor shall, at his expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance and shall be subject to approval by the City's Risk Manager:
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
Coverage shall be at least as broad as:
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $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 CA 00 01 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 provisions 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 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 damaged, 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, written on a Contractor’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 in the aggregate. All SP-16
PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
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 the 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.
(f) Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or 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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Carson Successor Agency, City of Carson, their elected and appointed officers, officials, employees, volunteers and agents are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects Carson Successor Agency, City of Carson, their elected and appointed officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Carson Successor Agency, City of Carson, their elected and appointed officers, officials, employees, SP-17
PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
volunteers and agents shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the 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 City site.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary.
If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Section 5-7 Safety
Section 5-7.9 Southern California Edison Energized Conductors The following is in addition to the provisions of Section 5-7:
Contractor hereby promises and agrees that in the performance of the work specified in this Contract, it will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to Edison's secondary, primary and transmission facilities. The term "qualified person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person - A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved."
Contractor further promises and agrees that the provisions of this section shall be and are binding upon any subcontractor or subcontractors that may be retained by it, and that Contractor shall take such steps as are necessary to assure compliance by said subcontractor or subcontractors with the requirements of this section.
Section 5-7.10 Emergency Provisions
The following is in addition to the provisions of Section 5-7:
Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.
Whenever, in the opinion of the Owner, an emergency exists of which the Owner is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the Owner, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the SP-19
PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Owner may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the Owner may seem reasonable and necessary, all at the expense of the Contractor.
Section 6. Prosecution and Progress of the Work
Section 6-1: Construction Schedule and Commencement of the Work The Contractor shall submit within one week after award of the work, its proposed construction schedule to the Engineer for approval.
The following is in addition to the provisions of Section 6-1:
The engineer shall mail to the contractor three copies of the contract for execution within approximately one week of award. The Contractor shall execute and return the contract together with the appropriate bonds and proof of insurance within fifteen (15) calendar days of receipt of said contract. Unless otherwise provided by the approved construction schedule the engineer shall issue the notice to proceed on the date that the fully executed contracts are received from the Contractor.
Section 6-3.1 General.
The following is an addition to the provisions of Section 6-3.1:
If in the opinion of the Contractor, the time as specified in the bid documents for completion of the construction work appears to be insufficient while adhering to a standard construction schedule involving a single daily shift and a typical five-day workweek, therefore, the Contractor has the option to implement extended work hours, including multiple daily shifts and weekend operations, as necessary, contingent on the work to be performed as regular working payday and contingent upon Engineer approval. These measures shall be undertaken to ensure that the work is completed within the contractually specified contract time. All costs associated with such extended operations shall be included in the Contractor’s bid.
Section 6-9 Liquidated Damages:
The following is in addition to the provisions of section 6-9:
The amount of liquidated damages is hereby amended to $ 3000 for each calendar day.
Section
7. Measurement and Payment
Section 7-2 Lump Sum Work
The following is in addition to the provisions of section 7-2:
The Contractor shall furnish the Agency a cost breakdown for all contract lump sum items. Cost breakdown tables shall be submitted to the Agency Representative for approval within fifteen (15) Working Days after the Contract has been approved. The Agency Representative before any partial payment will be made for the applicable items involved will approve cost breakdown tables, in writing.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Cost breakdowns shall be completed and furnished on 8-1/2” x 11” paper. Contractor’s standard form will be considered upon request. The Contractor shall determine the quantities required to complete the Work shown on the Plans, maps or any material provided by the agency to successfully complete this project. The quantities and their values shall be included in the cost breakdowns submitted to the Agency Representative for approval. The Contractor shall be responsible for the accuracy of the quantities and values used in the cost breakdowns submitted for approval. The sum of the amounts for the line items of work listed in each cost breakdown table for each lump sum item shall be equal to the contract lump sum price bid. Overhead and profit shall be included in each individual line item of work listed in a cost breakdown table. No adjustment in compensation will be made in the contract lump sum prices due to differences between the quantities shown in the cost breakdowns furnished by the Contractor and the quantities required to complete the Work as shown on the plans and as specified in these Special Provisions.
Individual line-item values in the approved cost breakdown tables will be used to determine partial payments during the progress of the Work and as the basis for calculating an adjustment in compensation for the contract lump sum items due to changes in line items of work ordered by the Engineer.
Section 7-3 Payment
Section 7-3.1 General
The cost of items of work not listed in the “Schedule of Work and Prices” in the Bidders Proposal shall be considered to be included in the cost of the other work that is listed and no additional compensation will be allowed therefor.
Section 7-3.2 Partial and Final Payment
The following is in addition to the provisions of 7-3.2:
The closure date for periodic progress payments will be the twenty-fifth day of each month.
Authorization to pay is commonly received on the tenth day of the following month. However, Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents.
Section 7-3.3 Delivered Materials
Materials and equipment delivered but not incorporated into the work will not be included in the estimates for progress payment.
7-3.4 Mobilization
7-3.4.1 General
Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Mobilization shall also include the cost, time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition and all other related work as required for all non-working days during the course of construction. Contractor is responsible for securing an adequate storage site for equipment and materials.
7-3.4.2 Measurement and Payment
Mobilization is eligible for partial payment if the Contract includes a bid item for mobilization.
Payment for Mobilization shall be per the Lump-Sum (LS) price bid and shall include obtaining and paying for all permits and business licenses as required from the City of Carson, State of California and other agencies. The Contractor shall comply with the requirements specified by each license or permit. No payment for Mobilization will be made until the Contractor's Construction Schedule has been submitted, reviewed and accepted and is current. Progress payments for this item shall be paid in accordance with the percentage completion of the project and shall include the costs of such mobilization and administration for the entire contract period including construction schedule as specified in these specifications. Payments shall be made upon the basis of the following:
a) When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 5% or more of the original contract amount, 50% of the contract item price for mobilization or 5% of the original contract amount, whichever is the lesser, will be included in the estimate for payment.
b) When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 10% or more of the original contract amount, the total amount earned for mobilization shall be 75% of the contract item price for mobilization or 7.5% of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.
c) When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 20% or more of the original contract amount, the total amount earned for mobilization shall be 95% of the contract item price for mobilization or 9.5% of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.
d) When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 50% or more of the original contract amount, the total amount earned for mobilization shall be 100% of the contract item price for mobilization or 10% of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.
Upon completion of all work on the project, payment of any amount bid for mobilization in excess of 10% of the original contract amount shall be paid.
Section 7-3.9 Work Performed Without Direct Payment
The following is in addition to the provisions of Section 7-3:
Regarding tools and materials of any class for which no price is fixed in the Bid, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the Bid and no additional compensation will be paid therefore.
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PROJECT NO. 1795 SPECIAL PROVISIONS GENERAL
Section 7-4 Payment for Extra Work
Section 7-4.3 Markup
The following percentage shall apply to provision 7-4.3.1:
1. Labor 20%
2. Materials 15%
3. Equipment 15%
4. Other Items and Expenditures 10%
7-4.3.2 Work by Subcontractor
When any part of the extra work is performed by a subcontractor, of any tier, the markup established in 7-
4.3.1 shall be applied to the subcontractor’s actual cost of such work. Contractor markup on subcontractor work shall be limited to 5%.
No payment shall be made for any item not set forth in 7-4.2.1 and 7-4.3.2, including without limitation, Contractor's overhead, general administrative expense, supervision or damages claimed for delay in prosecuting the remainder of the work.
This provision shall not be construed to preclude the recovery of damages by the Contractor stemming from delay for which the Agency is responsible, which is unreasonable under the circumstances involved, and which was not within the contemplation of the Agency and the Contractor.
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PROJECT NO. 1795 SPECIAL PROVISIONS PART 4
SPECIAL PROVISIONS
PART 4
EXISTING IMPROVEMENTS
Section 402. Utilities
Section 402-1 Location.
Section 402-1.2 Payment. (Page 481 of the SSPWC)
No separate payment will be made for the location of utilities pursuant to Government Code Sections 4215 and 4216, and 402-1.1, or for attendance at the preconstruction meeting.
Payment shall be considered as included in the Contract Unit Price for the various Bid items. 402-1.3 Exploratory Excavations. In addition to the requirements of 402-1.1 for utilities shown on the Plans, the Contractor shall locate unknown subsurface utilities marked or otherwise identified as ordered by the Engineer in accordance with 402-1.1. Exploratory excavations for unknown subsurface utilities will be measured by each.
TABLE 402-1.3
Payment for exploratory excavations for unknown subsurface installations including excavation, backfill, surface restoration, and all other incidentals necessary to complete the work will be made at the Stipulated Unit Price in Table 402-1.3 for the maximum depth and surface material encountered. Refer to Geotech report for designated size of excavation. No markup is to be added to the Stipulated Unit Price of exploratory excavations.
Payment for exploratory excavations will be made under the Allowance Bid item.
Section 402-4 Relocation
Add the following to the provisions of Section 402-4:
The owner does not necessarily mark water services. The Contractor shall assume that a water service exists at each water meter box and the service connection lies at any depth within 36” of AC 6" max.
Thickness
PCC 8"
max.
Thickness
COMPOSITE
(AC over PCC)
4" over 8" max.
Thickness
AC 6" max.
Thickness
PCC 6"
max.
Thickness
NATIVE
0'-3' $750 $900 $1,050 $600 $750 $450
3'-6' $900 $1,050 $1,200 $750 $900 $600
6'-9' $1,050 $1,200 $1,350 $900 $1,050 $750
9'-12' $1,200 $1,350 $1,500 $1,050 $1,200 $900
ROADWAY PARKWAY (NOT IN ROADWAY)
DEPTH
max.
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PROJECT NO. 1795 SPECIAL PROVISIONS PART 4
either side of the water meter box measured parallel to the curb face.
The Contractor shall procure a plumber and pay all fees to repair or replace water services damaged by his operation when his operation is within 36” of either side of a water meter box measured parallel to the curb face.
The Contractor shall procure a plumber and shall be reimbursed for the costs to relocate or repair interfering water services located outside 36” of either side of a water meter box measured parallel to the curb face.
SPECIAL
PROVISIONS
PART 6
TEMPORARY TRAFFIC CONTROL
Section 600. Access
Section 600-1 General
The following is in addition to the provisions of Section 600-1:
The Contractor shall provide temporary "No Parking" and all other signs which are necessary for the safe and orderly conduct of vehicular traffic as directed by the Engineer and as specified herein. He shall also provide a barricaded area in the parking lane for pedestrian traffic during such time as the parkway is unfit to be used for pedestrian traffic.
At such times as driveways are inaccessible due to the Contractor's work they shall be blocked by two Class II barricades or one Class II barricade and two delineators. Driveways that are ramped or planked for temporary access shall be provided with a barricade or delineator at each side. The Contractor shall give 24-hour notice to affected property owners prior to blocking any driveway.
The Contractor shall provide access for refuse collection on the regularly scheduled days. He shall also facilitate or assist in the collection where such work is hampered by his operations.
The construction area shall be cleaned by the use of a mobile broom sweeper daily to the satisfaction of the Engineer. The stockpiling of construction debris will not be allowed.
Section 600-2 Vehicular Access
The following provisions shall be added to Section 600-2:
600-2.1 Temporary Steel Plate Bridging:
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PROJECT NO. 1795 SPECIAL PROVISIONS PART 7
When backfilling operation of an excavation in the travel way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following shall apply:
1. Steel plate used for bridging must extend a minimum of twelve (12") inches beyond the edge of the trench.
2. Steel plate bridging shall be installed to operate with minimum noise.
3. The trench shall be adequate to support the bridging and the traffic load. Contractor shall be responsible for
determining whether shoring is necessary.
4. Temporary paving with cold asphalt concrete shall be used to feather the edges of the plate.
5. Bridging shall be secured against displacement by
adjustable cleats, shims, or other devices.
Approaches plate and ending plate (if longitudinal placement) shall be attached to the roadway by a minimum of two (2) dowels pre-drilled into the corners of the plate and drilled two (2") inches into the pavement. Subsequent plates are butted to each others. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope of 8.5% with a minimum of twelve (12") inches taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement shall be backfilled with either fines of asphalt concrete mix, concrete slurry or equivalent slurry satisfactory to the Engineer.
The Contractor shall be responsible for maintenance of the steel plates, shoring, and asphalt concrete ramps.
Unless specified, use of steel plate bridging at any given location should not exceed four (4) consecutive working days in any given week. Backfilling of excavation shall be covered with a minimum of three (3") inches of temporary layer of cold asphalt concrete.
The following table shows the required minimal thickness of steel plate bridging for a given trench width:
Trench Width Minimum Plate Thickness
1.0 foot 1/2 inch
1.5 foot 3/4 inch
2.0 feet 7/8 inch
3.0 feet 1 inch
4.0 feet 11/4 inch
For spans greater than four (4') feet, a structural design for the steel plate bridging shall be prepared by a registered civil engineer and approved by the Engineer.
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PROJECT NO. 1795 SPECIAL PROVISIONS PART 7
Steel plate bridging shall be designed for HS20-44 truck loading per Caltrans Bridge Design Specifications Manual. The Contractor shall maintain steel plates with a non-skid surface having a minimum coefficient of friction equivalent to
0.35 as determined by California Test Method 342. The contractor may use standard steel plate with known coefficient of friction equal or exceeding 0.35.
A Rough Road sign (W33) with black lettering on an orange background shall be used in advanced of steel plate bridging. This is to be used along with any other required construction signing.
Payment for steel plate bridging shall be included in the other items of work involved and no additional payment will be allowed therefore. 600-2.2 Street Closures, Detours, Barricades:
The Contractor shall not close any street within the City of Carson without first obtaining the approval of the Engineer. Barricading, traffic control and detour diagrams in connection with street closures shall be submitted by the Contractor as required by the Engineer.
Street closures, detours, lane closures, signs, lights and other traffic control devices shall conform to the latest approved version of the California Manual on Uniform Traffic Control Devices (California MUTCD). The California MUTCD is available at the following address:
https://dot.ca.gov/programs/traffic-operations/camutcd
The Contractor shall provide and maintain Class II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet. Class II barricades mounted with flashers shall be installed around work areas in parkways. Class II barricades shall have alternating black and reflective white (or yellow) stripes at an angle of 45 degrees. The stripe width shall be four to six inches.
During paving operations barricades may be supplemented with minimum size eighteen-inch-high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty feet. At all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five-foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided at the nearest prior intersection. "No Left Turn" signs shall be provided wherever required by the Engineer.
When one-way access from a side street or alley is permitted, barricades and cones shall be provided at five-foot intervals for a distance of fifty feet on either side of the centerline of the intersecting street or alley.
Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance SP-27
PROJECT NO. 1795 SPECIAL PROVISIONS PART 7
with the following provisions:
1. For placing of barricades - $5.00 per barricade for the first day or any part thereof and $3.00 per barricade per day for each day thereafter or any part thereof.
For flashers - $3.00 per flasher for the first day or any part thereof and $1.00 per flasher per day for each day thereafter
or any part thereof. For traffic cones - $3.00 per
cone for each day or any part thereof.
2. In the event that the services of the Owner are
required between the hours of 3:00 P.M. and 8:00
A.M., during the normal week or at any time on
Saturday,
Sunday, or a City holiday, there shall be
an additional charge to the above set forth minimums
of $161.25 for each service trip required.
Contractor shall relocate, preserve and maintain the visibility of all existing signs within
the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the Owner.
Traffic control signs include Stop Signs, Speed Limit, Parking Restrictions and other regulatory signs.
PROJECT NO. 1795 TECHNICAL PROVISIONS
-------------------------------------------------------------------------------------------------------------------------------------------- TP-1
TECHNICAL PROVISIONS
PROJECT NO. 1795:
Mill
s Park Bldg Renovations
PROJECT NO. 1795 TECHNICAL PROVISIONS
-------------------------------------------------------------------------------------------------------------------------------------------- TP-2
TABLE OF CONTENTS
Item Page no.
A. GENERAL NATURE OF WORK TP-4
B. TECHNICAL SPECIFICATIONS TP-4
C. TIME OF COMPLETION TP-5
D. COORDINATION WITH UTILITIES AND OTHER AGENCIES TP-5
E. NOT USED TP-5
F. DEFINITION OF BID ITEMS TP-6
SITE BID DESCRIPTIONS
Bonding, Insurance and Mobilization (Carson General Conditions) Traffic Control and Work Site Protection
Demolition And Site Clearing
Earthwork, Removal And Grading, Removal Of Existing Pavement, And Concrete Improvements
Water Pollution Control
Curb Ramp
6" Thick Concrete Over 6" Aggregate Base
Full Depth AC (2’ wide x 1’ deep)
PVC drain pipe, drain inlets, and parkway drains
4” VCP SDR 35 waste line from proposed water tank
Sewer Cleanout per APWA STD. Plan 204-2
2” PVC SCH 80 Water Service Pipe and 2” Backflow Preventer ¾” Water Service with Gate Valve Rinse Off
Construct 4” Extra Strength Sewer, Connect to Existing 10” Water Concrete Curb (6” Curb Face)
6” Thick Reinforced PCC Paving
12 X 24 Pedestrian Paver
Exterior Electrical and Lighting
Concrete Curbs and Bands
Built-in Bleacher Seating
Concrete Pour-in-place Retaining Wall A
Concrete Pour-in-place Retaining Wall B
Concrete Pour-in-place Retaining Wall C
Shade Sail – 9’ X 15’
Metal Fencing – 4’-6” Tall
Handrail @ Stairs
Guardrail
Stairs
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Splash Pad Ground Sprays
Splash Pad Underground Collector Tank
Splash Pad Mechanical Equipment
Removable Tetherball Post
Flagpole w/ Decorative Pedestal and Uplights
Digital Sign
Rinse-Off Shower
6’ Dia. Tree Grate
Pebble Seat
Waste Receptacle
Electric Tankless Water Heater
Irrigation System Modifications
Soil Prep and Fine Grading
Weed Abatement
Root Barriers
Tree – 36” Box
Shrubs – 5 Gal
Shrubs – 1 Gal
Turf Repair (Sod)
Wood Mulch – 3” Layer
One-Hundred Twenty (120) Day Maintenance Period
Monument Sign
BUILDING BID DESCRIPTIONS
Building Structure
Roof
Casework and Countertops
Doors
Windows
Painting
Tile
Miscellaneous Interior Finishes
Miscellaneous Exterior Finishes
Plumbing Accessories
Kitchen Equipment
Plumbing
Mechanical
Electrical
Lighting
Fire Systems
Turn Over and Close Out
Allowance
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TECHNICAL PROVISIONS
PROJECT NO. 1795
Mills Park Bldg R
enovations
A. GENERAL NATURE OF WO RK
The work to be performed under this contract for Project No. 1795 is described below.
The work to be performed under this cont
ract consists of but not limited to:
Site: Work includes all demolition of hardscape, landscape, and furnishing all necessary equipment, services, and incidentals required for site improvements removal, replacement, and providing new Splash Pad and associated Equipment, new hardscape and landscaping.
Interior Building: Work includes furnishing all labor, material, equipment, services, and incidentals required for Building improvements removals, replacement, additions; restroom repair/remodel for accessibility with new plumbing fixtures, accessories, toilet partitions, finishes, lighting, power, signages, and doors. New addition to the existing building consist of 1524 square feet to include new public Men’s & Women’s restrooms with new plumbing fixtures, accessories, toilet partitions, finishes, lighting, power, signages, doors, and HVAC.
Exterior Building: Work includes replacement of selected roofing with new PVC roofing system, replacement of existing skylights, new addition of roof overhangs. Painting and repair existing exterior stucco. Replacement of existing windows with new security grill panels, doors, and light fixtures.
I. Order of Work and Required Durations - Order of work and maximum duration between start and stop of each type of work shall conform to the provisions of Section 6-1, "Construction Schedule and Commencement of Work", of the Standard Specifications and these Special Provisions and as noted below.
All work shown/described in Project No. 1795 Mills Park Bldg Renovations shall conform to the City of
Carson Standard Drawings, the latest edition of the Standard Specifications, 2022 California Building Code, and these Specifications.
B. TECHNICAL SPECIFICATIONS
The Standard Specifications for the construction materials and construction methods as set forth in the
"Standard Specifications for Public Works Construction”, 2021 Edition and supplements shall be the Standard Provisions for all the Work to be done and the provisions of the Contract for the Work. In case of conflict between the Standard Specifications and these Technical Provisions, the Technical Provisions shall take precedence over and prevail over such conflicting portions.
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C. TIME OF COMPLETION
The Contract time of completion shall be 200 working days from the date of issuance of “Notice to Proceed”, as specified in the Bidding Schedule. Long lead-time materials shall be ordered within 7 days from receiving the “Notice to Proceed.”
D. COORDINATION WITH UTILITIES AND OTHER AGENCIES
The Contractor shall notify the Engineer of the City of Carson, Sheriff's Department, Fire Department, Refuse Collection Service, METRO (MTA), Torrance Transit, and Carson Circuit of any street closures two working days (48-hours) prior to the start of construction.
Agencies ....................................................................................................................... Phone Nos.
Contract Administrator-Jesus Sanchez ........................................... (310) 952-1700 ext. 1380 City’s Tree Maintenance Supervisor (Gregory MacDonald) .................................. (310) 847-3520 Carson Sheriff’s Station ......................................................................................... (310) 830-1123 Carson Fire Station ................................................................................................. (310) 638-6121 Waste Management ................................................................................................. (310) 328-0900 EDCO Waste Services ............................................................................................ (310) 540-2977 MTA (RTD) ............................................................................................................ (213) 972-4644 Torrance Transit ................................................................................... (310) 618-6266 / 781-6920 Carson Circuit .......................................................................................... (310) 835-0212 ext.1781 California Water Service Company ........................................................................ (310) 257-1479 Golden State Water Company ................................................................................ (310) 660-0320 Southern California Gas Company ......................................................................... (310) 687-2032 Southern California Edison Co. (SCE) ................................................................... (310) 608-5001 McCormick Ambulance .......................................................................................... (310) 349-8900 Metro Fiber Networks, Inc ...................................................................................... (757) 890-0143 Century ...................................................................................... (800) 244-1111 & (800) 788 3600 Dig Alert ............................................................................................................................... 811 Affected Utilities
The Contractor shall notify Dig Alert, and all affected public utilities two working days (48-hours) in advanc
e of any excavation in the vicinity of their facilities.
If the Contractor finds evidence of utilities not shown on the Plans, he/she shall notify the Owner immediately.
Compensation for notifications to and coordination with other agencies shall be included in the various bid prices in the Proposal and no additional compensation shall be allowed therefore.
E. NOT USED
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F. DEFINITION OF BID ITEMS
The lump sum and unit prices to be paid for the items listed in the Bid and as defined herein shall be considered full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown on the Plans, as specified herein, and as directed by the Engineer of the City of Carson.
All incidental work which is neither shown on the Plans nor otherwise specified, and which is necessary to complete the construction of improvements as shown on the Plans and as specified herein, shall be furnished and installed as though such work were shown on the Plans or specified, and no additional compensation will be allowed therefore.
Existing improvements in areas adjoining the property wherein demolition and removal is being performed shall be protected from injury or damage resulting from operations of the Contractor and the Contractor shall be responsible for such damage. In a like manner any building, structure, grass, tree, shrub, irrigation system or other item on the property where demolition and removal is being performed shall be similarly protected and preserved or replaced in kind by and at the Contractor’s expense
PROJECT NO. 1795: Mills Park Bldg Renovations
SITE BID
ITEM DESCRIPTIONS
(The following descriptions are provided for summary reference. The Construction Plans shall supersede quantities, sizes, dimensions, or any conflicting information stated within these descriptions)
BONDING, INSURANCE, AND MOBILIZATION (CARSON GENERAL CONDITIONS) BID ITEM(s) S1:
Mobilization shall consist of preparatory work and operations including all of the labor, equipment, tools, supplies, costs, insurance, arrangements, and all others that are necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed including, but not limited to, bonds, insurance, securing an adequate storage site for equipment and materials, and construction site fencing prior to beginning work on the various contract items on the project site.
The cost of time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period shall have been included in the bid.
PAYMENT
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Payment for the preceding shall be included in the LUMP SUM for mobilization and shall be considered full compensation including the cost for obtaining all the required business licenses and permits.
TRAFFIC CONTROL AND WORK SITE PROTECTION
BID ITEM(s) S2:
1.1 DESCRIPTION
Traffic control, construction signing and traffic maintenance shall comply with the provisions of Subsection 7-10 of the Standard Specifications and the current requirements set forth in the "Manual of Traffic Controls for Construction and Maintenance Work Zones" and “Manual on Uniform Traffic Controls” published by the Department of Transportation, State of California, these Technical Provisions, and as directed by the Engineer.
1.2 PROTECTION OF WORK AND PUBLIC
The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged new improvements as a result of vandalism (i.e., vehicle tracks, footprints, writing, etc.). If deemed necessary by the City, the Contractor shall repair, at its cost, the defective area in accordance with these Technical Provisions.
1.3 CONSTRUCTION SIGNING
Construction signing shall consist of furnishing, installing, maintaining and removing construction signs and barricades as required by the "Manual of Traffic Controls for Construction and Maintenance Work Zones". The traffic control system shall be installed prior to starting work and shall not be removed until all work has been completed.
Also, in conjunction to the public relations effort, Contractor shall supply and erect project construction information signs at the designated locations as determined by the City. Such signs shall conform to the City's specifications. Specific verbiage to be determined by the City. There shall be a minimum of two (2) such signs posted.
1.4 TRAFFIC MAINTENANCE
The Contractor shall be responsible for handling vehicular and pedestrian traffic in accordance with Subsection 7-10 of the Standard Specifications and these Technical Provisions.
The Contractor shall cooperate with the Engineer relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to the park drive areas.
Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. Overnight parking of construction equipment in the work zone or on PROJECT NO. 1795 TECHNICAL PROVISIONS
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adjacent roads is not permitted. Parking of construction equipment shall be confined to the approved storage site.
1.5 STRIPING
Temporary striping and marking for traffic control if required shall conform to Section 310-5.6.5 of the Standard Specifications. Temporary striping and marking which has no further use shall be removed by wet sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses.
1.6 RESTRICTIONS ON SITE CLOSURE OF STREETS AND TRAFFIC LANES The Contractor shall conduct all operations so as to provide reasonable access to the existing park facilities and have no greater quantity of work under construction that can be properly constructed with a minimum of inconvenience to the public.
PAYMENT
Payment for traffic control shall be made at the contract LUMP SUM price bid and shall be considered full payment for furnishing all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with the Standard Specifications and these Technical Provisions.
DEMOLITION AND SITE CLEARING
BID ITEM(s) S3:
Perform demolition work in a pre-planned, systematic, efficient, and orderly manner. Deploy customary and acceptable methods as required to complete the Work indicated on the Plans in accordance with governing regulations.
Provide services for effective air and water pollution controls as required by City and County Air Pollution Control District and the Southern California Air Quality Management District.
1.1 DISPOSAL OF DEMOLISHED MATERIALS
All removed materials not salvaged or reused shall be removed from the project site no later than the end of each work day and transported legally for disposal at a qualified site.
If hazardous materials are encountered, notify the City Inspector immediately.
Burning of removed materials is not permitted.
1.2 ADJUSTMENT OF EXISTING SANITARY SEWERAGE, WATER, GAS,
ELECTRICAL AND TELECOMMUNICATION SYSTEMS
All existing utility facilities, i.e. manholes, vaults, irrigation boxes, valve cans, etc. may or may PROJECT NO. 1795 TECHNICAL PROVISIONS
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not have been indicated on the plans. While these items are not expected on this project, the Contract
or is nevertheless hereby made aware that such encounter will require the contractor to bear the cost to raise ALL to finished grade at no additional cost to the City.
Drawings show existing major underground utilities using the best information available.
Verification of existing utilities and the actual locations are the Contractor’s responsibility.
Any utility inadvertently damaged by the Contractor shall be immediately called to the City’s attention for shutoff and then be immediately repaired by the Contractor at its own cost within 4 hours.
1.3 CLEANUP AND REPAIR
The Contractor, at the end of each workday, shall dispose of all removed materials from the site.
The Contractor also shall protect the site and the new improvements from vandals or other damages at all times until City acceptance.
PAYMENT
Payment for demolition and site clearing shall be made at the contract LUMP SUM included in the bid price and shall have included all of the costs for labor, equipment, supplies, tools, haulers, permit and disposal dump fees, security personnel, and other items of work to dispose of all unwanted materials and to clear, protect, and maintain the jobsite at no additional cost to the City.
EARTHWORK, REMOVAL AND GRADING, REMOVAL OF EXISTING PAVEMENT,
AND CONCRETE IMPROVEMENTS
BID ITEM(s) S4:
Earthwork,
removal and grading, removal and disposal of unclassified excavation, structural excavation, import of selected backfill as indicated on Plans, removal of asphalt concrete pavement, sidewalk, driveways, etc. for proposed improvements shall conform to the applicable portions of Section 300 of the Standard Specifications for Public Works Construction and recommendations of a Geotechnical Report prepared by Global Geo-Engineering, Inc. Such work shall include all the cost of all labor, equipment, tools, supplies, and all other costs required to:
Arrange with DigAlert to mark all potential interfering underground wet and dry utilities within the work limits;
To the extent possible search, identify, and mark other underground utilities that were not identified by DigAlert;
Expose, cut, and cap all existing irrigation lines and components along the excavate limits; Excavate, remove, and properly dispose of existing interfering soil and landscape materials;
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Remove and dispose of all interfering tree roots and organic matters. Root prune as described on the Landscaping Plan; and
Grade to the elevations shown on plans. Backfill all voids and holes with similar and clean materials. Import as needed.
Remove, and dispose of existing subgrade and compact soil backfill under the new concrete walks and basketball court, and other areas of work as shown on the Plans and in accordance with the Geotechnical Report.
PAYMENT
Payment for this item shall be made per the contract LUMP SUM bid price for removal and disposal/export of excavated material and no additional compensation for this item of work shall be made.
WATER POLLUTION CONTROL
BID ITEM(s) S5:
Construction activities will be conducted in a manner to protect channels, storm drains, and bodies of water from pollution. Water pollution control work shall consist of activities necessary to meet the requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Area wide Urban Storm Water Runoff Permit, the County’s Drainage Area Management Plan (DAMP), The State’s General Construction Activities Permit (Order No. 2009-0009-DWQ, NPDES No CAS000002, adopted September 2, 2009 and effective July 1, 2010), and as required by the Engineer. The Contractor shall coordinate water pollution control work with all other work done on the contract.
The Contractor shall be required to comply with all requirements of the NPDES Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Two (2) hard copies and one (1) electronic copy of the SWPPP shall be submitted to the City for review and approval. A hard copy of the SWPPP shall be retained on-site at all times as long as the contractor is responsible for the project site conditions.
Implementation of the SWPPP shall not reduce effectiveness of existing storm drain system or interfere with traffic on public streets. The Contractor will implement the SWPPP and make changes both to the SWPPP and in the field as conditions warrant it. The Contractor will be solely responsible to prevent any pollutants from leaving the site.
The Contractor shall notify the City of Irvine’s Stormwater/Wastewater Compliance Specialist immediately upon request from any regulatory agency to enter, inspect, sample, monitor, or otherwise access the project site or the Contractor’s records pertaining to stormwater pollution control work. The Contractor shall provide copies of correspondence, notices of violation, enforcement actions, or fines proposed by regulatory agencies to the City’s Stormwater/Wastewater Compliance Specialist.
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Failure to update, implement and maintain the SWPPP will result in withholding of any progress payment(s) to the Contractor. Re-inspection staff costs due to NPDES non-compliance will be billed to the Contractor in 15-minute increments if the Contractor fails to maintain the site, water pollution testing data, Contractor inspection forms, and/or reports as detailed in the WPCP and as site conditions warrant. Contractor will also be responsible for any enforcement actions and penalties enacted on the City by the State Water Resources Control Board, Regional Water Quality Control Board, and/or any other agency due to Contractor’s non-compliance with applicable water pollution regulations. Progress payments and/or final payments may be withheld to cover enforcement liabilities which include, but are not limited to, maximum financial penalties, legal costs, staff costs, economic savings from violations and/or costs associated with corrective actions as required by enforcing agency.
Contractor shall install erosion and sediment control measures as indicated on Improvement Plans.
PAYMENT
Payment for water pollution control and complying with NPDES requirements shall be at the contract LUMP SUM bid price and shall be full compensation for all items of work and all appurtenant work including installation of all erosion and sediment control measures and furnishing all labor, materials, tools, equipment and incidentals.
CURB RAMP
BID ITEM(s) S6:
Curb ramps shall be constructed in accordance with standards and details as indicated on Plans.
Concrete shall be saw cut along all removal lines. The locations for access ramp are shown on the Plans. The Contractor is responsible for inspecting each location prior to submitting a bid.
Detectable warning surface for the access ramps shall be cast-in-place or surface mounted tactile tiles by Armor Tile or approved equal. The color shall be yellow at all locations. Detectable warning surface shall be installed in conformance with Standards indicated on Plans, these Special Provisions, and the manufacturer’s recommendations. The finished surface shall be free from blemishes.
1.1Submittals
A.Product Data: Submit manufacturer’s literature and cut sheets describing products, installation procedures and routine maintenance.
B.Samples: Submit two tile samples of the kind proposed for use (minimum size 6” by 8”).
C.Shop Drawings: For fabrication details; composite structural system; tile placement plans including joints, materials to be used and installation materials and procedure.
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D.Materials Test Reports: Submit test reports from qualified independent testing laboratory indicating that materials proposed for use are in compliance with requirements and meet the properties indicated. All test reports shall be conducted on a cast-in-place tactile tile system as certified by a qualified independent testing laboratory.
E.Maintenance Instructions: Submit copies of manufacturer’s specified maintenance practices for each type of tactile tile and accessory as required.
The manufacturer shall provide a written five-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the project.
PAYMENT
Payment for access ramps and installing detectable warning surface shall be at the contract unit price per EACH in place. Payment shall include full compensation for all labor, material, equipment, tools, and incidentals necessary to complete all work in place and no additional compensation shall be made.
FULL DEPTH AC (2’ WIDE X 1’ DEEP)
BID ITEM(s) S7:
Asphalt concrete (AC) shall conform to provisions of Sections 203 (except Section 203-6.4.2), 302-5 and 400 of the Standard Specifications, except where superseded by these and these Special Provisions.
PAYMENT
Payment for full depth AC shall be per SQUARE FOOT, and shall include full compensation for removal of existing pavement and aggregate base, labor, materials, and equipment to complete the construction is considered as included in the price paid, and no additional compensation shall be made.
PVC DRAIN PIPE, DRAIN INLETS, AND PARKWAY DRAIN
BID ITEM(s) S8, S9, S10, S11, S12,13, S14:
These items are for the construction of drainage improvements shall conform to Standard Specifications and to the details shown on Improvement Plans.
PAYMENT
Payment for installation of 4”, 6” and 8” PVC SDR 35 drain pipe shall include excavation, backfill and backfill compaction and shall be paid at the contract unit price bid per LINEAR FOOT and PROJECT NO. 1795 TECHNICAL PROVISIONS
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no additional compensation shall be made. Payment for this item shall also include connecting the proposed PVC drain to existing inlet box per details on plans.
Payment for drain inlets and parkway drains shall be paid at the contract unit price bid per EACH and no additional compensation shall be made.
VCP WASTE LINE
BID ITEM(s) S15, S16, S19:
This item shall construct a 4” VCP (extra strength) waste line and construction of sewer lateral connecting to the existing sewer on Central Avenue.
The waste line and sewer cleanouts installation and the sewer main connection work shall conform to the applicable portions of the Standard Specifications and these Technical Provisions.
1.1 COMPACTION
Bedding and backfill materials acceptance and testing shall be performed per the Standard Specifications
Compaction for bedding and cover materials shall conform with the Standard Specifications and these Technical Provisions.
Trench backfill material for bedding, around pipe, and up to 12" from the bottom of asphalt concrete roadway surfacing shall be compacted to at least 90% relative compaction.
Trench resurfacing shall be performed per the City of Carson Standards and as directed by the Engineer.
1.2 PIPELINE
Pipeline shall be VCP extra strength. The Contractor at its own cost may substitute a higher strength pipeline product for the Engineer’s consideration and approval.
1.3 CLEANOUTS
Cleanouts shall be of high quality PVC material and are compatible for attachment to the pipeline.
The units shall have included all of the necessary installation fittings and adaptors.
1.4 PIPELINE JOINTS
All pipeline joints shall be made and tested leak free prior to trench placement.
1.5 PIPE EXCAVATION AND BACKFILL
Excavation and backfill for all waste line pipes and appurtenances shall be done in accordance with Sections 306-1.1 and 306-1.3 respectively, of the Standard Specifications, the Project Plans, and these Technical Provisions.
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No excavated native material can be re-used for backfill unless approved by the Engineer. All excavated native material shall be removed and disposed of, off site, at the end of each day.
PAYMENT
Payment for VCP waste line shall be made at the contract LINEAR FOOT bid price and shall have included full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, including installation of sewer cleanouts, potholing existing 6-inch sewer main for condition and connection invert elevation, control of ground and surface water, preparation of subgrade, compaction, testing, excavation, native and subgrade removals, bedding, backfill, furnishing and installing the waste lines, and connecting the new lines to the existing sewer main and outdoor shower.
Payment for sewer cleanouts shall be made at the contract EACH bid price and shall have included full compensation for furnishing and installing the cleanouts at locations shown on the Plans and no additional compensation shall be made.
The cost of all other customary labor and appurtenances and the clearing all obstructions encountered during the work not shown on the Plans but must be completed for a functional system complete in place shall have been included in the bid price and no additional compensation shall be made.
2” and ¾” WATER SERVICE
BID ITEM(s) S17, S18:
This item shall construct 2” water piping, backflow preventer, and ¾” water service with gate valve rinse to shower and its appurtenances as shown on the Plans. Water connections shall be made to the existing water main on Central Avenue and the water tank shown on the Plans.
1.1 SYSTEM COMPONENTS
The components to be furnished and installed, at a minimum, shall include PVC SCH-80 (or better) piping, 90-degree bends, “T”s, gate valves, thrust blocks, hardware, fittings, and other appurtenances required for a functional system complete in place.
1.2 PIPELINE
Pipeline shall be PVC SCH-80. The Contractor at its own cost may substitute a higher strength pipeline product for the Engineer’s consideration and approval.
1.3 PIPELINE JOINTS
All pipeline joints shall be made and tested leak free prior to trench placement.
1.4 BRACING AND SHORING
The Contractor as a part of the Work shall brace and shore the work site if the installation work requires a trench that is 5-feet or deeper.
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1.5 PIPE EXCAVATION AND BACKFILL
The Contractor, with the Engineer’s prior approval, may reuse excavated clean native material as backfill. Backfill shall be compacted to a minimum of 90% relative compaction prior to placing topsoil for resurface restoration per the Plans. Where the water line is to be installed below and across existing concrete improvements, the Contractor at its sole expense may request approval from the Engineer to perform trenchless construction to avoid making concrete replacements as a part of the price bid.
1.6 DISINFECTION
The Contractor shall disinfect the installed system in accordance to the applicable County and State Rules and Regulations. Such disinfection work shall be witnessed by the Engineer and/or his designee.
PAYMENT
Payment for 2” water service including backflow preventers at locations indicated on plans shall be made at the contract LINEAR FOOT and ¾” water service shall be made at the contract LUMP SUM bid price and shall have included full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all of the listed and unlisted work for a functional system complete in place.
Payment for installation of gate valve shall be included with ¾” water service and no additional compensation shall be made.
CONCRETE CURB (6” CURB FACE)
BID ITEM(s) S20:
Work shall be performed in accordance with provisions of Sections 201, 303, and 400 of the Standard Specifications. If not specified, concrete shall be in accordance with provisions of Section 201-1 of the Standard Specifications.
Subgrade preparation shall conform to the provisions of Section 301-1 of the Standard Specifications. A relative compaction of 90% is required for subgrade and 95% for aggregate base. Each location shall be inspected prior to placement of the concrete.
Remove and replace defective concrete work with new materials. Permission to patch any defective areas shall not be a waiver of the Engineer's right to require complete removal of defective work if patching does not restore quality and appearance of work.
No advertising impression, stamp, or mark of any description will be permitted on the surface of any concrete or cement finish.
The Contractor shall ensure that the job site is swept clean upon vacating the stockpile site. No excavated or removed dirt or concrete shall be stockpiled.
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The Contractor shall remove all debris and perform all cleanup work to the satisfaction of the Engineer within two (2) calendar days after forms have been removed at any location.
The Contractor shall submit the concrete design mix to the City Engineer prior to ordering the materials. The submittals shall not be more than six months old.
1.1 COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE
All conc
rete aggregate shall be per Section 200-1.4 of the Standard Specifications.
1.2 INSPECTIONS
The
Contractor shall call for inspections during all form work prior to pouring. The Contractor shall notify the Engineer one working day prior to pouring any concrete. Any work covered prior to inspection shall be opened to view by the Contractor at his/her expense.
1.3 CURB
Curb height to match existing conditions. Curb shall be constructed in accordance with the APWA standard plan 120-3 and these Special Provisions.
The Contractor shall have three (3) working days to complete the curb and gutter reconstruction at each location.
PAYMENT
Payment for PCC curb shall be at the contract unit price per LINEAR FOOT in place. Payment shall include full compensation for all labor, material, equipment, tools, and incidentals necessary to complete all work and no additional compensation shall be made.
6” THICK REINFORCED PCC PAVING
BID ITEM(s) S21, 22, AND 23:
All concrete work shall conform to Section 201-1 of the Standard Specifications and these Special Provisions.
PRODUCTS
1.1 CRUSHED AGGREGATE BASE
A. Crushed aggregate base will consist of entirely crushed rock and rock dust conforming to the requirements of Subsection 200-1.2 for ¾-inch crushed aggregate, of the Standard Specifications. Percentage of wear and grading will conform to Subsections 200-2.2.1 and 200-2.2.2 of the Standard Specifications.
Maximum size aggregate will be ¾-inch.
1.2 CONCRETE FLATWORK
A. Concrete flatwork shall have a minimum compressive strength at 28 days of 4,250 psi.
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B. Portland Cement shall be Type V, low alkali, and shall conform to ASTM C150.
C. Concrete aggregate shall conform to ASTM C33. All aggregate shall be well graded and selected from a source that has a proven history of non-reactivity.
Maximum aggregate size shall be 3/4 inch.
D. Fine aggregate shall consist of washed natural sand having hard, strong and durable particles and which does not contain more than 2% by weight of clay, loam, shale, alkali, organic matter or other deleterious substances.
E. Coarse aggregate shall consist of clean, hard, fine grained, sound crushed rock or gravel, which does not contain more than 5% by weight of flat, chip-like, thin, elongated, friable or laminated pieces. Any piece having a major dimension in excess of two and one-half (2 1/2) times the average thickness and which will adversely affect the strength of the concrete shall not be used.
F. Water shall be clean and free from deleterious amounts of acids, alkalis, and organic materials.
G. Each component of the concrete mix shall be supplied from the same source for the entire project.
H. Minimum 0.53 water/cement ratio.
1.3 PROPORTIONS AND MIXING
A. The concrete shall be composed of cement, sand and coarse aggregate in the proportions as determined by the testing laboratory. Cost of mix design shall be borne by Contractor.
B. Slump: Adjust quantity of water so concrete at time of placing does not exceed the following slumps when tested according to ASTM C143. Use the minimum water necessary for workability required by part of structure being cast.
Part of Structure
Maximum
Slump Inches
Maximum
Water-Cement
Ratio
Footings, foundation walls, and mass
concrete, not reinforced
3.5” ± 0.5” 0.53
Slabs on grade, reinforced and non-
reinforced
3.5” ± 0.5” 0.53
Reinforced concrete over 8” thick 4 0.53
Reinforced concrete 8” or less thick 4-1/2 0.53
All other concrete 4 0.53
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C. The concrete shall be mixed as follows:
1. Each transit mixer shall be equipped with automatic devices for recording the number of revolutions of the drum prior to completing the mixing, with peripheral drum speed of approximately 200 feet per minute.
2. Transit-mix concrete shall be mixed for a period of not less than ten (10) minutes. At least three (3) minutes of the mixing period shall be immediately prior to discharging at the job.
3. Transit-mix concrete shall not be delivered to the work with the total specified amount of water incorporated therein. Two (2) gallons of water per cubic yard shall be withheld, and may be incorporated in the mix, before the concrete is discharged from the mixer truck.
4. The concrete, at time of placing, shall be in such condition that it can be properly placed.
EXECUTION
1.1 PLACING CONCRETE
A. Before the placing of any concrete, all forms shall be thoroughly cleaned and wet.
Concrete shall be poured into forms immediately after it is mixed, and so that no separation will occur. No concrete which has stood for more than fifteen (15) minutes after leaving the mixer shall be used. Concrete shall be rejected if not placed in final position within ninety (90) minutes after water is first added to the batch.
B. Maximum free drop of concrete shall not be more than 5’-0”. Use tremies in deep sections.
C. The location of all stoppages shall be approved by the Engineer.
D. The flow surface of the freshly poured concrete shall be level whenever any pour is stopped and tight dams shall be built as necessary to accomplish this result.
Construction joints shall be made only when unavoidable, and then only at the point determined by the Engineer. Details of such joints shall be as directed by the Engineer.
E. Before the placing of any concrete, the surface of the previously poured concrete shall be wet.
F. Install concrete and cement finish work true to lines, dimensions, levels, and finish with smooth unblemished surfaces for exterior finishes specified on Plans.
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G. Remove and replace defective concrete or cement work with new materials.
Permission to patch any defective area shall not be a waiver of the right of the City to require complete removal of defective work if patching does not restore quality and appearance of work.
H. No advertising impression, stamp, or mark of any description will be permitted on surface of concrete or cement finish.
1.2 CEMENT FINISH
A. Compact and tamp concrete as specified to bring 3/8” of mortar to surface, wood float to straight edges and screeds, and apply following finishes. Do not use steel or plastic floats of any kind for initial floating operations. Unless otherwise specified, do not apply finishes until surface water disappears and surface is sufficiently hardened. Remove any bleed water and laitance as it appears.
B. The color for concrete paving shall be as shown on the plans.
1.3 EXPANSION AND CONTROL JOINTS
A. Expansion joint material shall be as noted on the Plans.
B. Locate expansion and control joints to least impair the strength and appearance of the structure. In no case place an intersecting construction joint in such a way that two intersecting walks are separated by a construction or control joint at the point of intersection. Transition curves shall be part of a continuous pour of the intersection slab.
1. Expansion joints shall be a maximum of twenty feet (20’) apart, with control joints a maximum of ten feet (10’) apart. Exception to this are specialty work joints which will be laid out as shown on the Plans.
2. The Contractor shall obtain the Engineer’s approval of layout showing proposed location of joints before pouring concrete.
C. Caulking of expansion joints where called for on the Plans shall be done with a non-tracking, multi-part flow type, self-leveling, polyurethane sealant manufactured by Chem-Seat, Grace, 3-H or approved equivalent.
1. Color shall match the color of the concrete where the expansion joint occurs unless shown otherwise on the plans.
2. Caulking shall be done by an experienced applicator in a workmanlike manner, in smooth straight runs, after thoroughly cleaning and priming joints.
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3. All work shall be done in strict accordance with manufacturer’s printed recommendations. Do not permit traffic to travel over seated joints until sealer has fully cured.
4. A light dusting of fine sand will be required over wet sealer. Contractor to discuss option with City Engineer.
1.4 QUALITY CONTROL
A. Smoothness tolerance exterior cement finish surfaces shall be of such smoothness and evenness that they shall contact the entire length of a 10’ straight edge laid in any direction, with an allowable tolerance of 1/8”. Any operations necessary to achieve this result shall be performed by the Contractor at no additional cost to the City.
B. Inspections will be provided as necessary. Call for inspection two (2) working days prior to need.
C. The Contractor shall call for inspection during specific phases of construction.
They shall include:
1. All form work prior to pouring.
2. All footings prior to pouring.
3. Subgrade prior to pouring.
4. Drag form approval.
D. Contractor shall notify the Engineer twenty-four (24) hours prior to pouring any concrete.
E. Any work covered prior to inspection shall be opened to view by the Contractor at his expense.
1.5 TESTING
A. Compression tests of concrete shall be made as required by the Building Code except that compression tests of any grade of concrete shall be made whenever the quantity of that grade used in the project exceeds 25 cubic yards. At least two identical cylinders of each grade of concrete shall be taken of each 100 cubic yards of concrete or fraction thereof placed in the work. The cylinders shall be tested in a testing laboratory and test reports submitted to the City.
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B. Storage of test cylinders on the site and after delivery to the testing shall be in accordance with ASTM Designation C31.
1. Should the strength by test fail, the mix shall be adjusted so that the resulting concrete shall comply with the minimum requirements, and all additional expense resulting from such adjustment shall be borne by the Contractor.
2. Should the strength of any grade by test fall below minimum, concrete from the defective pours which is in place may be tested by the core method. If such tests show the concrete to be defective, the concrete shall be removed and replaced or adequately strengthened as required under the governing Code. All expenses involved shall be borne by the Contractor.
1.6 REINFORCING STEEL
Reinforcing steel shall conform to Section 201-2 of the Standard Specifications.
Reinforcing steel shall be epoxy coated grade 60 steel conforming to ASTM A 615 with 2-inch minimum cover unless otherwise shown on the Plans.
PAYMENT
Payment for 6” thick concrete walkway over 6” thick crushed aggregate base shall be per SQUARE FOOT, complete in place, and shall be in conformance with the provisions of Subsection 201-2.4, “Measurement and Payment” of the Standard Specifications. Full compensation for labor, materials, and equipment to complete the construction is considered as included in the price paid, and no additional compensation shall be made.
Excavation and disposal of excavated material in conformance with recommendations of a Geotechnical Report prepared by Global Geo-Engineering, Inc., included in the Appendix of these Specifications, and as detailed on Plans will be paid under Bid Item 4 of these Specifications. 12 X 24 PEDESTRIAN PAVER
BID ITEM(s) S24:
This Bid Item shall include all material, equipment and labor necessary to install 12 x 24 pedestrian pavers as detailed on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a square foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
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EXTERIOR ELETRICAL AND LIGHTING
BID ITEM(s) S25:
This Bid Item shall include all material, equipment and labor necessary to replace and upgrade the current light fixtures and installation of new security and sports lighting as described in the Bid Set Electrical plans, specifications and City of Carson standards.
Payment for this Bid Item shall be on a lump sum basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
CONCRETE CURBS AND BANDS
BID ITEM(s) S26, S27, S28, S29, S30, S31, S32:
This Bid Item shall include all material, equipment and labor necessary to construct concrete containment curb and bands as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a linear foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
BUILT-IN BLEACHER SEATING
BID ITEM(s) S33:
This Bid Item shall include all material, equipment and labor necessary to construct built-in bleacher seating as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a lump sum basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
CONCRETE POUR-IN-PLACE RETAINING WALL A
BID ITEM(s) S34:
This Bid Item shall include all material, equipment and labor necessary to construct concrete pour-in-place retaining wall A as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a linear foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
CONCRETE POUR-IN-PLACE RETAINING WALL B
BID ITEM(s) S35:
This Bid Item shall include all material, equipment and labor necessary to construct concrete pour-in-place retaining wall B as indicated on the Bid Set construction documents, specifications and City of Carson standards.
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Payment for this Bid Item shall be on a linear foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
CONCRETE POUR-IN-PLACE RETAINING WALL C
BID ITEM(s) S36:
This Bid Item shall include all material, equipment and labor necessary to construct concrete pour-in-place retaining wall C as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a linear foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
SHADE STRUCTURE – 9’ X 15’
BID ITEM(s) S37:
This Bid Item shall include all material, equipment and labor required to provide and install 1 premanufactured shade structure as indicated on the approved construction documents, specifications and City of Carson standards. Stage shade structure shall be from POLIGON INC.
No substitution of equipment shall be allowed. Materials and installation shall meet manufacturer’s specifications and shall be to the satisfaction of the Project Manager. Contractor shall prepare and submit shop drawings, for review, approval and acceptance by the City of Carson.
Payment for this Bid Item shall be on a unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
METAL FENCING (4-1/2 HEIGHT)
BID ITEM(s) S38:
Work under this bid item shall include all costs associated with the fabrication and installation of metal fencing (4-1/2 height) as indicated on the Plans and the Landscape Construction Material Schedule on sheet L-300 in the Construction Documents and specifications Section 32 31 19 Metal Fence, Section 03 10 00 Concrete Formwork, and Section 03 30 53 Miscellaneous Concrete.
PAYMENT
Payment for metal fencing (4-1/2 height) shall be paid at the linear foot contract unit price as set forth in the Project Bid Schedule and shall be considered full compensation for furnishing labor, materials, tools, equipment, containers, steel plates, paint, fittings, hardware, and incidentals for doing all work involved in hauling, excavation, lifting, erecting, trenching, compaction, backfilling, preparation of sub grade, testing, painting, coating, and installing Fence posts including footings and Fence Panels complete and operative in place as shown on the plans, specifications. No additional compensation shall be allowed.
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HANDRAIL @ STAIRS
BID ITEM(s) S39:
This Bid Item shall include all material, equipment and labor necessary to install handrail @ stairs as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a linear foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
GUARDRAIL
BID ITEM(s) S40:
This Bid Item shall include all material, equipment and labor necessary to install guardrail as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a linear foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
STAIRS
BID ITEM(s) S41:
This Bid Item shall include all material, equipment and labor necessary to construct stairs as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a linear foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
SPLASH PAD GROUND SPRAYS
BID ITEM(s) S42:
Work under this bid item shall include all ground sprays including controls and appurtenances for the new recirculating splash pad. These items shall conform the plans and standard details included in the Construction Plans and Specifications Section 13 14 00 Splash Pad Play Equipment.
PAYMENT
Payment for splash pad ground sprays shall be made at the Lump Sum (LS) contract unit price bid as shown in the Bid Schedule and shall be considered full compensation for furnishing labor, materials, tools, equipment, containers, and incidentals, and for doing all work involved in hauling, lifting, excavation, trenching, compaction, backfilling, adjusting to grade, and installing pipes and plumbing connections, fittings, trust blocks, valves, valve boxes, and connections to the existing and new domestic water pipes and electrical complete and operative in place as shown on the plans and specifications. No additional compensation will be allowed.
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SPLASH PAD UNDERGROUND COLLECTOR TANK
BID ITEM(s) S43:
Work under t
his bid item shall include installation of underground collection tank for the new recirculating splash pad. These items shall conform the plans and standard details included in the Construction Plans and Specifications Section 13 14 00 Splash Pad Play Equipment.
PAYMENT
Payment for splash pad underground collector tank shall be made at the Lump Sum (LS) contract unit price bid as shown in the Bid Schedule and shall be considered full compensation for furnishing labor, materials, tools, equipment, containers, and incidentals, and for doing all work involved in hauling, lifting, excavation, trenching, compaction, backfilling, adjusting to grade, and connections to the existing and new domestic water pipes and electrical complete and operative in place as shown on the plans and specifications. No additional compensation will be allowed.
SPLASH PAD MECHANICAL EQUIPMENT INCLUDING PUMP, CHEMICAL
FILTRATION, UV FILTRATION, EYE WASH, DIVERTER VALVE, UNISTRUT, RAIN
DIVERTER, DRAINS, PIPES AND PLUMBING CONNECTIONS
BID ITEM(s) S44:
Work under t
his bid item shall include all Splash Pad Mechanical Equipment including:
reservoir, drains, manifold, controller, diverter valve, filtration, & treatment, pump, eye wash, signage uni-strut, collection tank, pipes and plumbing connections and appurtenances to serve the new recirculating Splash Pad. These items shall conform the plans and standard details included in the Construction Plans and Specifications Section 13 14 00 Splash Pad Play Equipment. Water connections shall be made at the new water meter as per approved Water Improvement Plans.
PAYMENT
Payment for Splash Pad Mechanical Equipment including pump, chemical filtration , uv filtration, eye wash, diverter valve, Unistrut, rain diverter, drains, pipes and plumbing connections shall be made at the Lump Sum (LS) contract unit price bid as shown in the Bid Schedule and shall be considered full compensation for furnishing labor, materials, tools, equipment, containers, and incidentals, and for doing all work involved in hauling, lifting, excavation, trenching, compaction, backfilling, adjusting to grade, and installing Pump, Chemical Filtration, UV Filtration, Eye Wash, Drains, Signage, Diverter Valve, Unistrut, Drains, pipes and plumbing connections, fittings, trust blocks, valves, valve boxes, and connections to the existing and new domestic water pipes and electrical complete and operative in place as shown on the plans and specifications. No additional compensation will be allowed.
REMOVABLE TETHERBALL POST
BID ITEM(s) 45:
This
Bid Item shall include all material, equipment and labor necessary to provide and install Removable Tetherball Post as indicated on the Bid Set construction documents, specifications and City of Carson standards.
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Payment for removable tetherball post shall be on a per unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
FLAGPOLE W/ DECORATIVE PEDESTAL AND UPLIGHTS
BID ITEM(s) 46:
This Bid Item shall include all material, equipment and labor necessary to provide and install Flagpole w/ Decorative Pedestal and Uplights as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for flagpole w/ decorative pedestal and uplights shall be on a lump sum basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
DIGITAL SIGN
BID ITEM(s) 47:
This Bid Item shall include all material, equipment and labor necessary to provide and install digital sign as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for digital sign shall be on a lump sum basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
ACCESSIBLE RINSE OFF SHOWER
BID ITEM(s) 48:
This Bid Item shall include all material, equipment and labor necessary to provide and install accessible rinse-off shower and plumbing as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a lump sum and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
6’ DIA. TREE GRATE
BID ITEM(s) S49:
This Bid Item shall include all material, equipment and labor necessary to provide and install 6’ dia. Tree grate as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
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PEBBLE SEAT
BID ITEM(s) S50:
This Bid Item shall include all material, equipment and labor necessary to provide and install pebble seat as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
WASTE RECEPTACLE
BID ITEM(s) S51:
This Bid Item shall include all material, equipment and labor necessary to provide and install waste receptacle as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
ELECTRIC TANKLESS WATER HEATER
BID ITEM(s) S52:
This Bid Item shall include all material, equipment and labor necessary to provide and install electric tankless water heater as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
IRRIGATION SYSTEM MODIFICATIONS
BID ITEM(s) S53:
This Bid Item shall include all material, equipment and labor necessary to for modification of the existing irrigation system and construction of new valves, drip irrigation and bubblers. All related materials, such as drip line tubing, valves, conduit, sleeving under paving, boring, layout, testing, excavation, export, import, placement, and compaction of all necessary base, gravel, and soil materials, connecting to existing water line from meter inside pump house structure, backfilling the completed system, restoring all disturbed areas to “as good or better than” previous conditions, and all related work. All construction and installation of irrigation items are subject to the City of Carson Specifications. The plan is diagrammatic. Refer to notes, details, and legends to verify locations of irrigation equipment. Contractor shall carefully check and verify conditions on-site and be familiar with the location and details of on-site connections of water and power sources. Discrepancies between the plan’s elements and/or site conditions must be brought to the attention of the Engineer during bidding and prior to proceeding with PROJECT NO. 1795 TECHNICAL PROVISIONS
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any work. Failure to do so will result in responsibility of the Contractor for any and all revisions that result therefrom.
All materials and equipment shall be new and shall conform to Sections 800 and 801 of the Standard Specifications. No substitution of equipment shall be allowed without prior written approval from the Inspector. Contractor shall submit data to support claims of equal performance. Standards of performance of specified materials and equipment shall be used as a performance standard; substitute material must match specified material. Equipment and materials shall be as called out on the irrigation legend.
Prior to installation, Contractor shall mark out, with chalk, all pressure supply lines and laterals indicating the location of existing sleeves to be utilized or a new sleeve to be bored in place without damaging the surface improvement. All lines shall have a minimum clearance of six inches (6”) from each other. Flush all lines prior to installation of sprinkler heads.
All pressure mains shall be capped and tested at a hydrostatic pressure of 150 p.s.i. for a period of three (3) hours and proven water-tight prior to installing remote control valves. Any leaky valves, joint fittings, or pipe shall be replaced and the line re-tested. All pressure tests shall be performed in front of the Inspector. Contractor shall provide all equipment necessary to conduct hydrostatic testing and shall notify the Inspector 48 hours prior to hydrostatic testing.
When system is complete, Contractor shall perform a coverage test to determine that coverage is adequate and complete. Adjustments shall be made by the Contractor to compensate for site conditions and variations in grade: Heads shall be adjusted in height and alignment after planting is completed to ensure adequate coverage and that spray stream clears adjacent plant material.
Contractor shall demonstrate to the Inspector the operation of each system and piece of equipment.
Contractor shall provide all manufacturers’ data for all equipment. Contractor shall provide an “As Built” plan depicting, and dimensioning the actual location of lines, heads, valves, and controlling systems. Each valve for each controller shall be clearly shown and its station number shall be indicated. Contractor shall provide one set of reduced, colored controller charts for each controller.
Contractor shall guarantee that the system is free from defects and workmanship, for a period of one year from the filing of the Notice of Completion Payment for this Bid Item shall be on a lump sum basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
SOIL PREP & FINE GRADING
BID ITEM(s) S54:
This Bid Item shall include all material, equipment and labor necessary to blend, amend, provide soil sample tests and certifications, export or dispose of excess excavated materials, and rake smooth areas as indicated on the Bid Set construction documents, specifications and City of Carson standards.
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Payment for this Bid Item shall be on a square foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
WEED ABATEMENT
BID ITEM(s) S55:
Work under this bid item shall include all costs associated with Weed Abatement as required per the Landscape Planting notes in the Construction Plans and specifications Section 32 90 00 Landscaping. Weed Abatement shall comply with City of Carson standards. On-going weed abatement will be required during construction and into the construction maintenance period.
Payment for this Bid Item shall be on a square foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
ROOT BARRIERS
BID ITEM(s) S56:
This Bid Item shall include all material, equipment and labor necessary to provide and install root barriers as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a lump sum basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
TREES - 36” BOX
BID ITEM(s) S57:
This Bid Item shall include all material, equipment and labor necessary to provide and install 36” box trees as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
SHRUBS - 5 GAL
BID ITEM(s) S58:
This Bid Item shall include all material, equipment and labor necessary to provide and install 5 gallon as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
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SHRUBS - 1 GAL
BID ITEM(s) S59:
This Bid Item shall include all material, equipment and labor necessary to provide and install 1 gallon as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a unit basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
TURF REPAIR (SOD)
BID ITEM(s) S60:
This Bid Item shall include all material, equipment and labor necessary to clean and prepare ground surface and lay turf-sod as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a square foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
MULCH - 3” LAYER
BID ITEM(s) S61:
This Bid Item shall include all material, equipment and labor necessary to provide and install a 3” layer of mulch as indicated on the Bid Set construction documents, specifications and City of Carson standards.
Payment for this Bid Item shall be on a square foot basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
ONE HUNDRED AND TWENTY (120) DAY MAINTENANCE PERIOD
BID ITEM(s) S62:
This Bid Item shall include, but is not limited to, nurturing plant material to stimulate healthy growth, replacing dead or dying plants, rodent or pest removal, graffiti removal, trash and weed removal on a weekly basis, application of fertilizer twice during this maintenance period, repair damaged or vandalized irrigation heads and playground equipment, recompacting any sink holes or settling dirt, application of bark mulch to bare areas, and application of and herbicide for weed control if necessary. Maintenance period begins upon confirmation and written acceptance by Project Manager that all landscape installation is complete and all punch list items have been properly addressed. All plant material shall be in a healthy and thriving condition at the end of 120 days maintenance period. The maintenance period shall be extended, as needed, by the Inspector with no additional compensation to the Contractor.
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Payment for 120-Day Maintenance Period shall be on a lump sum basis and shall include full compensation for labor, materials, and equipment necessary to complete this Bid Item and shall be no additional compensation will be allowed therefore.
MONUMENT SIGN
BID ITEM(s) S63:
This Bid Item shall include all material, equipment and labor necessary to provide and install Monument Sign as indicated on the drawings and per project specifications and City of Carson standards.
Payment for Monument Sign shall be on a per unit basis and shall include full compensation for labor, materials, shop drawings and equipment necessary to complete this Bid Item including excavation, foundation, existing utility exploration and no additional compensation will be allowed, therefore.
BUILDING BID ITEM DESCRIPTIONS
(The following descriptions are provided for summary reference. The Construction Plans shall supersede quantities, sizes, dimensions, or any conflicting information stated within these descriptions) B
UILDING STRUCTURE
BID ITEM(s) B1, B2, B4, B71:
This bid item includes, but is not limited to, the constructing of the building addition and the interior and exterior renovation work by providing all related materials, soils excavation, export of soils, import of soil, placement of soil, compaction of soil, backfilling, connections to structurally join together the existing building structure, and all necessary materials. To restore all disturbed areas to match conditions of adjacent undisturbed surfaces “as good or better than” previous conditions. The building structure includes all concrete, saw cutting, framing, footings, roof rafters, ceiling joists, exterior waterproofing, flashing, insulation, and plywood. Materials and installation shall meet the City of Carson standards and manufacturers’ specifications and shall be to the satisfaction of the Inspector.
Payment for the building structure bid items shall be as defined in the bid schedule. This shall include full compensation for furnishing of all labor, materials, tools, equipment, and incidentals necessary to complete all the work in place and no additional compensation shall be given.
ROOF
BID ITEM(s) B7, B8, B9, B10, B11, B12:
This bid item includes, but is not limited to, the construction of the new roof and renovation of the existing roof by providing all related materials and equipment to remove the existing roofing material and all roof equipment, roof drains, overflow drains, equipment platforms, and patching and repairing all new and old penetrations per plan. The finished elements of the roof include all eaves, facia, plywood, DensGlass, PVC roofing system, PVC walking pads, flashing, roof drains, overflow drains, equipment platforms, and attic ventilation. See plans for more PROJECT NO. 1795 TECHNICAL PROVISIONS
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information. Materials and installation shall meet the City of Carson standards and manufacturers’ specifications and shall be to the satisfaction of the Inspector.
Payment for the roof bid items shall be as defined in the bid schedule. This shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete all the work in place and no additional compensation shall be given.
CASEWORK AND COUNTERTOPS
BID ITEM(s) B5, B6, B74:
This bid item includes, but is not limited to, the preparation, material, and installation of all casework base and upper cabinetry, restroom vanities, solid surface countertops, heavy duty cabinet hardware, and plastic laminate finishes by providing all related materials and equipment to produce and install all items and maintain all required code and ADA compliance features as designated within the plans. Planning for installation, start and stopping, fillers, hardware, toe kicks, approach clearance by submitting shop drawing submittals and approvals to ensure the finished installation is to the standard of the client. See plans for more information. Provide all proper backing and support brackets, plywood substrate, countertop penetrations, mitering joints, sealers, caulking, hardware, power access so that all materials and installation shall meet the City of Carson standard of specifications and shall be to the satisfaction of the Inspector.
Payment for the casework bid items shall be as defined in the bid schedule. This shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete all the work in place and no additional compensation shall be given.
DOORS
BID ITEM(s) B14, B15, B16:
This bid item includes, but is not limited to, the constructing and installation of all doors at the interior and exterior of the building by providing all related materials and equipment to remove the existing doors, reframe, patch, and repair the rough opening per plan to receive to installation of new doors, door frames, and door hardware per plans. The finished elements of the doors include single hollow metal doors, double hollow metal doors, roll-up service door, metal door frames, door hardware, water proofing, electrification for key card access, and insulation. See plans for more information. Materials and installation shall meet the City of Carson standards and manufacturers’ specifications and shall be to the satisfaction of the Inspector.
Payment for the doors bid items shall be as defined in the bid schedule. This shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete all the work in place and no additional compensation shall be given.