Because the facility continues to serve seniors, community organizations, and the general public on a daily basis, contractors were required to develop construction plans that minimize disruption while maintaining safe operations.
Contractors were instructed to include phased construction sequencing, dust-control measures, temporary barriers, safe pedestrian access, and close coordination with Event Center staff as part of their proposals to ensure the facility could continue operating safely during construction.
Following evaluation of the bids received under IFB 26-14 (Exhibit 2), Pro Installations, Inc. was determined to be the lowest responsive and responsible bidder. A responsive bidder is one whose bid meets all of the City's bidding requirements, while a responsible bidder is one that has demonstrated the qualifications, experience, and ability to successfully perform the work. Consequently, staff recommends awarding the construction contract to Pro Installations, Inc. to complete the flooring installation in an amount not to exceed $87,163.
The flooring materials have already been delivered and are being securely stored at the City's Public Works Warehouse. As a result, the project is fully prepared to begin immediately following City Council approval and issuance of a Notice to Proceed. Throughout construction, staff will continue working closely with the contractor and Event Center staff to minimize impacts to facility operations. Construction will occur in carefully coordinated phases, with appropriate dust-control measures, temporary containment, and safe pedestrian pathways maintained at all times. These measures are intended to protect visitors, staff, and contractors while allowing the Carson Event Center to remain open and continue serving the public throughout construction. To further protect the City's investment, technical representatives from Shaw Industries will monitor the flooring installation to ensure it complies with the manufacturer's installation requirements. This quality assurance oversight helps confirm the flooring is installed correctly, supports long-term product performance, and preserves the City's eligibility for the manufacturer's extended warranty.
If approved by the City Council, construction is anticipated to begin immediately following issuance of the Notice to Proceed and is expected to be completed within approximately 30 working days.
V. FISCAL IMPACT
There is no additional fiscal impact associated with this recommendation. Funding is available within the City's adopted Fiscal Year 2026-2027 Capital Improvement Program budget under Project No. PW1835 (Account No. 101-99-999-904-8008). The combined cost of the Shaw Industries flooring materials and the proposed installation contract with Pro Installations Inc. remains within the previously approved project budget of $300,000, which was approved as part of the Fiscal Year 2025-2026 Mid-Year Budget Adjustment in March 2026. No additional budget appropriation or budget amendment is required. The remaining project budget balance will be carried forward through the Fiscal Year 2025-2026 continuing appropriations process scheduled for September 2026.
VI. EXHIBITS
1. Bid Packet for IFB #26-14
2. Bid Register
3. Flooring Spec Sheet and Rendering
4. JLM Environmental Report
5. Proposed Agreement with Pro Installations Inc.
Attachments
1. IFB 26-14 - Bid Packet
2. IFB - 26-14 - Bid Results
3. Flooring Spec Sheet and Rendering
4. JLM Environmental Report
5. (Pro Installations) Public Works Agreement - Community Center Flooring Josilla Togiola, Purchasing Manager
CITY OF CARSON
ADDENDUM TO NOTICE OF INVITATION FOR BIDS (IFB): #26-14 Notice is hereby given that the Purchasing Manager is seeking sealed electronic bids for:
COMMUNITY CENTER FLOORING
DEMOLITION AND INSTALLATION
ISSUE DATE:
OPTIONAL JOB WALK:
Q&A DEADLINE:
IFB DEADLINE:
04/23/2026
04/30/2026 | 10:00 AM
05/04/2026 | 10:00 AM
05/18/2026 | 10:00 AM
05/21/2026 10:30 AM
Register as a vendor and submit electronic responses via PlanetBids:
https://vendors.planetbids.com/portal/32461/bo/bo-detail/134660 No late responses will be accepted. Any response for this solicitation not submitted through PlanetBids is unauthorized and will be considered invalid. Attempts to contact or lobby members of the City of Carson Staff or its Elected Officials during the bidding and evaluation period may result in disqualification. If a job walk, site visit, or pre-bid/pre-proposal meeting is indicated above as Mandatory, attendance and sign-in are required for bid eligibility. If indicated as Optional, attendance is encouraged but not required.
To view other bidding opportunities from the City of Carson, please visit:
https://ci.carson.ca.us/Finance/Bidding.aspx.
CITY OF CARSON
ADDENDUM TO NOTICE OF INVITATION FOR BIDS (IFB): #26-14 Notice is hereby given that the Purchasing Manager is seeking sealed electronic bids for:
COMMUNITY CENTER FLOORING
DEMOLITION AND INSTALLATION
ISSUE DATE:
OPTIONAL JOB WALK:
Q&A DEADLINE:
IFB DEADLINE:
04/23/2026
04/30/2026 | 10:00 AM
05/04/2026 | 10:00 AM
05/18/2026 | 10:00 AM
Register as a vendor and submit electronic responses via PlanetBids:
https://vendors.planetbids.com/portal/32461/bo/bo-detail/134660 No late responses will be accepted. Any response for this solicitation not submitted through PlanetBids is unauthorized and will be considered invalid. Attempts to contact or lobby members of the City of Carson Staff or its Elected Officials during the bidding and evaluation period may result in disqualification. If a job walk, site visit, or pre-bid/pre-proposal meeting is indicated above as Mandatory, attendance and sign-in are required for bid eligibility. If indicated as Optional, attendance is encouraged but not required.
To view other bidding opportunities from the City of Carson, please visit:
https://ci.carson.ca.us/Finance/Bidding.aspx.
Josilla Togiola, Purchasing Manager
CITY OF CARSON
INVITATION FOR BIDS (IFB): #26-14
Notice is hereby given that the Purchasing Manager is seeking sealed electronic bids for:
COMMUNITY CENTER FLOORING
DEMOLITION AND INSTALLATION
ISSUE DATE: 04/0232026
OPTIONAL JOB WALK: 04/30/2026 | 10:00 AM
Q&A DEADLINE: 05/04/2026 | 10:00 AM
IFB DEADLINE: 05/11/2026 | 10:00 AM
Register as a vendor and submit electronic responses via PlanetBids:
https://www.planetbids.com/portal/portal.cfm?CompanyID=32461.
No late responses will be accepted. Any response for this solicitation not submitted through PlanetBids is unauthorized and will be considered invalid. Attempts to contact or lobby members of the City of Carson Staff or its Elected Officials during the bidding and evaluation period may result in disqualification. If a job walk, site visit, or pre-bid meeting is designated as Mandatory above, attendance and sign-in are required for bid eligibility. If designated as Optional, attendance is encouraged.
To view other bidding opportunities from the City of Carson, please visit:
https://ci.carson.ca.us/Finance/Bidding.aspx.
Josilla Togiola, Purchasing Manager
2 A. SUMMARY
The City of Carson (“City”) is soliciting sealed bids from qualified and licensed contractors to provide labor, supervision, tool, equipment, and all incidentals necessary to complete flooring demolition and installation and associated substrate preparation services at the Carson Community Center, located at 801 E. Carson St., Carson, CA 90745.
All flooring materials and associated products – including, but not limited to, LVT, carpet tile, wall base, moisture mitigation systems, self -leveling underlayment, and adhesives – will be furnished by the City. This solicitation is strictly for labor : demolition and installation services.
The Contractor shall assume fully responsibility for the proper handling, preparation, and installation of all owner -furnished materials, including moisture testing, substrate preparation, crack repair, application of moisture mitigation systems, leveling, and finish flooring installation. All work shall be performed in strict accordance with manufacture specification, applicable ASTM standards, and accepted industry practices to ensure a complete, durable, and warrantable flooring system.
Incorporated as a general law city on February 20, 1968, the City of Carson became a California charter city on November 6, 2018, following voter approval. As one of the youngest municipalities in the South Bay region of Los Angeles County, Carson has grown significantly—from a population of 61,000 in 1968 to nearly 100,000 residents today. The City spans 19.2 square miles and is located less than 20 miles south of downtown Los Angeles.
Carson is a culturally diverse and strategically located community with exceptional accessibility. The City is served by four major freeways —the Harbor (110), San Diego (405), Artesia (91), and Long Beach (710) —and is conveniently near Los Angeles International Airport, Long Beach Airport, the Port of Los Angeles, and the Port of Long Beach. Public transportation options include the MTA Bus Line and the City -operated Carson Circuit, providing efficient local transit.
Known for its modern infrastructure and business -friendly environment, Carson is home to major petrochemical, electronics, automotive, aerospace, trucking, and high- tech industries. Many companies headquartered here have received regional and local beautification awards. Through strong public -private partnerships, Carson continues to foster economic vitality and a promising future.
B. GENERAL IFB POLICIES
The City of Carson reserves the right to modify this Invitation for Bids (IFB) at its sole discretion. Any revisions or clarifications will be issued in writing through official addenda via PlanetBids. Oral communications or modifications will not be recognized. All addenda released during the solicitation period shall become part of this IFB.
Bids must be submitted electronically through the City’s online bid management system (PlanetBids) by the specified due date and time. The City reserves the right to take any action deemed to be in its best interest.
Bids may be withdrawn w ithout penalty prior to the deadline by selecting the “Withdraw” option on Planet Bids. Once the deadline has passed and bid s are opened by the 3 Purchasing Manager or designee, submissions may not be withdrawn for a period of ninety (90) calendar days.
No contract shall exist unless and until the City Council formally awards a contract and full execution has occurred. If awarded, the contract is anticipated to be executed within approximately ninety (90) calendar days following the bid due date.
Unless otherwise stated, all bid documents must be submitted in PDF format. It is the sole responsibility of the Bidder to ensure that all documents are properly formatted, complete, and successfully uploaded to the City’s online bid system. Incomplete, corrupt , or unreadable submissions may be deemed nonresponsive.
For technical assistance with electronic submission (e.g., vendor registration, document upload, password reset, bid confirmation), Bidder s must contact PlanetBids directly at (818) 992- 1771. All questions or requests for clarification regarding this IFB must be submitted electronically through PlanetBids by the deadline specified in the IFB. Direct contact with City personnel or elected officials regarding this IFB is strictly prohibited. Any response not provided through PlanetBids is considered unauthorized and invalid.
Bidders are solely responsible for ensuring timely submission. Late bid s will not be accepted—no exceptions. A confirmation number with timestamp will be issued by PlanetBids upon successful submission. Only bids with a verified timestamp will be considered.
This IFB does not commit the City of Carson to award a contract or to reimburse any costs incurred in the preparation or submission of a response. All materials submitted become the property of the City.
NOTE: E-bids are sealed and cannot be viewed by the City until the official closing date and time. To withdraw a submission before the deadline, return to the PlanetBids portal and select the “Withdraw” option.
C. BID SUBMISSION
All bids in response to this IFB must be submitted electronically via PlanetBids no later than the due date and time established on the cover page of this solicitation document. All bid submission documents must be signed and dated by an official authorized to legally bind the entity and enter into a contract. All bid submission documents shall be uploaded in PDF format.
It is the sole responsibility of the bidder to ensure sufficient time to prepare, scan, and upload your documents into PlanetBids prior to the deadline, as the system will lock and not allow entry of bids after the designated deadline. Any technical questi ons regarding the use of PlanetBids must be directed to PlanetBids.
Failure to include all required Sections and Attachments may result in a bid being deemed nonresponsive. All bids shall include the following, at minimum:
1. Required Bid Sections
Subcontractor List (if applicable) – Include a list of subcontractors, if applicable, that will be utilized to complete the Scope of Work. Identify the subcontractor’s qualifications 4 and extent of work to be performed by each subcontractor. Include a summary of the subcontractor’s qualifications, key personnel, primary contact name, phone number, and email.
• The majority of the work required herein must be performed by the awarded contractor.
The work may not be subcontracted to another contractor unless the subcontractor has been included in the Bid , or a substitution has been approved in writing by the City’s Contracting Officer in advance of work performed.
2. Cost File – Attached as Exhibit C
Cost File
All cost information must be:
• Completed using the official Cost File form provided by the City (Exhibit C) • Entered directly into the PlanetBids system in the “Line Items” tab.
Failure to complete both steps may result in your bid being deemed non-responsive. • Bidder shall provide everything necessary, at their own expense, to deliver the required products and services. This includes, but is not limited to, labor, preparation work, materials, supplies, parts, tools, and equipment. The lump sum bid price must encompass all necessary materials, labor, and fees required to fulfill the contract obligations.
• All permits, licenses, and fees must be obtained and paid for solely by the awarded Bidder.
• The City is exempt from federal taxes; therefore, federal taxes must not be included in the bid price. However, the City is required to pay applicable sales tax on purchases, which must be included as a separate line item within the total bid price. • The following additional charges will not be allowed under this contract: fuel surcharges, mileage rates, fines, entertainment, advertising, or any other costs deemed inappropriate for reimbursement with public funds.
3. Required General Attachments attached as Exhibit A
Bidder/Proposer Affidavit
Affidavit of Non-Collusion and Non-Discrimination
Affidavit of Non-Federal Lobbyist Requirement
Debarment and Suspension Certification
Certificate of Compliance with Labor Code Section 3700 Acknowledgment of Insurance Endorsements – Insurance requirements are outlined in Section 5.1 of the City’s Form Contract (Attached as Exhibit B) Client Reference List
W9 (cover sheet only)
Modifications to the City’s Public Works Agreement (Attached as Exhibit B) • Bidders requesting modification to the City’s Public Works Agreement (Attached as Exhibit B) shall include a redlined version at the time of submission for the City’s consideration. • Award is based on a successful negotiation. Failure of the City and any Bidder to reach a mutual agreement regarding the Contract or any other portions of the award, may result in the City moving to negotiation with another bidder.
D. QUESTIONS AND ADDENDA
Any requests for clarification or other questions must be submitted via PlanetBids using the “Q&A” tab no later than the date and time established on the cover page of this solicitation document. No verbal requests or requests made in any other format will be accepted.
5 Each question must be submitted separately, not combined into a single submission or written in paragraph form or submitted as an attachment. Be sure to include the corresponding Section and page number with each question.
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s IFB and/or Public Works Agreement, must be included at the time of bid submission. Such requests should include an attachment in PDF format on company letterhead that shows the requested modifications.
The City will provide formal answers to all questions. Changes to the IFB itself shall only be made by the City via formal written addenda. Addenda will be published and distributed through the Vendor Portal. All addenda shall become a part of the IFB document requiring both signature and acknowledgement by the Bidder . It is the sole responsibility of the bidder to ensure that they have received the entire IFB including any questions, answers and addenda by visiting the City of Carson PlanetBids Vendor Portal.
Type of Question Contact Contact Info
Those related to the
Contract
PlanetBids Post directly to
PlanetBids under the
“Q&A” tab
Use of PlanetBids PlanetBids (818) 992-1771
City’s Purchasing
Process
Josilla Togiola,
Purchasing
Manager
[email protected],
(310) 952-1758
E. MINIMUM QUALIFICATIONS/ELIGIBILITY
All bidders must meet the following requirements:
Contractor Licensing & Registration
Contractor must hold a valid California Contractor’s License (C-15 Flooring and C- 54 Tile) at the time of bid submission and throughout contract duration. Must maintain active DIR registration pursuant to Labor Code §172.5 throughout the contract duration.
Experience Requirements
Minimum five (5) years ’ experience of municipal experience installing commercial flooring
Must have completed at least three (3) similar projects (municipal, public facility, or commercial buildings) involving:
o LVT installation
o Carpet tile installation,
o Moisture mitigation systems
Project Performance History
Must provide minimum three (3) references for similar projects completed within the last five (5) years
No documented history of:
6 o Contract default
o Termination for cause
o Prevailing wage violations (within the last three (3) years Capacity & Scheduling
Contractor must:
o Complete the project by June 30, 2026
o Must have the capacity to work after hours, weekends and any City -observed holidays:
o Memorial Day, May 25, 2026 (last Monday of May)
o Juneteenth, June 19, 2026 (19th of June)
o Must demonstrate sufficient staffing and supervision capacity to meet schedule deadline
Compliance with Local Business Requirements: The bidder must be qualified to conduct business within the City of Carson, including maintaining a valid City business license and the required insurance coverage for the duration of the contract. A valid City business license and certificate of insurance are only required of the selected awardee and must be obtained prior to contract award. It is not required at the time of bid submission. OPTIONAL JOB WALK / PRE-BID MEETING
Location: Carson Community Center, 801 E. Carson St., Carson, CA 90745 Date: April 30, 2026
Time:10:00 am
Please meet in the main entrance lobby. A sign-in sheet will be circulated and uploaded to PlanetBids after the job walk/pre-bid meeting.
The purpose of the optional pre-bid meeting is to:
• Review and discuss the Scope of Work
• Address any questions regarding the bid documents
• Allow bidders to verify site conditions and square footage • Review the pre-existing conditions
Bidders are strongly encouraged to review the bid documents prior to the optional pre-bid meeting and come prepared with questions.
Questions asked and answered during the optional job walk/pre-bid meeting are not binding unless submitted through PlanetBids and answered through a formal addendum issued by the City.
F. PREVAILING WAGES REQUIREMENTS
This project is subject to California prevailing wage requirements pursuant to Labor Code Section 1771.
Bidders must be registered with the California Department of Industrial Relations (DIR) pursuant to Labor Code Section 1725.5. Contractors are responsible for maintaining active DIR registration for the duration of the contract.
7 Prevailing wage determinations may be found on the DIR website at:
http://www.dir.ca.gov/dlsr
If any portion of the work is deemed subject to prevailing wage, the contractor shall comply with all applicable requirements, including but not limited to:
• Paying not less than the applicable prevailing wage rates; • Submitting certified payroll records to the DIR via the online portal; • Complying with all DIR and Labor Code requirements regarding public works projects.
Failure to comply with prevailing wage requirements may result in penalties, withholding of payments, or contract termination.
G. BID OPENING, DOCUMENT REVIEW, AND AWARD OF CONTRACT
The award, unless all bids are rejected, shall be in accordance with Carson Municipal Code Section § 2610 (i) Award to the Lowest Responsive and R esponsible Bidder. “Lowest responsible and responsive bidder” means the bidder who submits the lowest monetary bid that responds to the terms upon which bids were requested, and who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract.
By submitting a bid, the Bidder acknowledges that it has carefully examined the project site, specifications, and all other contract documents and has satisfied itself to the nature and location of the work, the general and local conditions affecting the work, and all other matters that may impact the cost, progress, or performance of the work.
Submission of a bid shall constitute acknowledgment that the Bidder has made such review and investigation and has included all necessary costs in its bid.
No claim for additional compensation will be considered for conditions that were reasonably observable or could have been discovered through review of the contract documents or site inspection prior to bid submission.
H. Performance Standards
1. Schedule Performance
• Contractor shall meet 100% of agreed project milestones
2. Installation Quality
• Zero tolerance for major installation defects, including:
o Bubbling
o Gapping
o Misalignment
o Adhesive failure
Minimum 95% first-pass acceptance rate
3. Moisture Testing & Documentation
• 100% compliance with ASTM moisture testing requirements • All results must be:
o Submitted prior to installation
o Approved by City before processing
8 4. M
anufacturer Compliance
• 100% adherence to:
o Manufacturer specifications: Shaw Industries representative will be onsite during installation to ensure manufacturer specifications are met.
5. W
orksite Cleanliness & Safety
• Daily site cleanup required
• No debris accumulation beyond one work day
• Must maintain safe, obstruction-free work environment
6. C
oordination & Communication
• Contractor must:
o Respond to City inquiries within 24 hours
o Provide daily progress reports
• I
mmediate notification required for:
o Substrate issues
o Delays
o Material concerns
7. P
unch List & Closeout
• Final punch list items must be completed within 5 business days • Deliverables required before final acceptance:
o Warranty Documentation ( one year workmanship warranty) o Attic stock (properly labeled)
o Final cleaning completed
8. P
rotection of Owner-Furnished Materials
• Contractor assumes full responsibility for:
o Proper handling
o Storage
o Installation of City-furnished materials
• Any damage due to contractor negligence, the contractor is responsible for replacement at no cost to CIty
[Remainder of this page intentionally left blank]
9 SCOPE OF SERVICES & SPECIFICATIONS
IFB 26-14
COMMUNITY CENTER FLOORING DEMOLITION AND INSTALLATION
Ver
ification of Existing Conditions
Prior to commencing demolition or flooring installation, the Contractor shall immediately notify the City in writing of any conditions that differ materially from the contract documents.
Fai
lure to notify the City prior to proceeding with the work shall constitute acceptance of existing conditions, and no additional compensation will be allowed for conditions that would have been reasonably identified prior to commencing work.
C
ontractor shall coordinate work activities to minimize disruption to Community Center operations.
1. A
dministrative & Regulatory Compliance
• Owner-Supplied Materials: All primary materials – including LVT, carpet tile, wall base, moisture mitigation solutions, self-leveling underlayment, and adhesives – shall be furnished by the City. The Contractor is responsible for providing all necessary tools, specialized equipment, supervision, and labor to complete the installation. • D
IR Registration & Prevailing Wage: The Contractor must maintain active registration with t
he Department of Industrial Relations (DIR). All work must be performed in accordance with California Prevailing Wage requirements for Los Angeles County. • B
onding: The Contractor shall provide both a Performance Bond and a Payment Bond covering the full value of the labor contract.
• S
tandards & Compliance: All work performed under this Contract shall comply with all applicable federal, state, and local code, regulations, and industry standards. All testing , surface preparation, and installation shall be performed in strict accordance with applicabl e
s
tandards, including but not limited to ASTM standards. The Contractor shall perform moisture testing of all concrete subfloors I accordance with ASTM F2170.
2. D
emolition & Disposal of Existing Flooring
The Contractor shall be responsible for the complete demolition and removal of existing flooring materials in all designated areas, including but not limited to:
• Existing LVT, carpet tile, adhesives, and associated flooring systems • Wall base and transition strips as needed
All demolition work shall be performed in a manner that minimizes disruption to facility operations and prevents damage to adjacent surfaces and building components.
D
isposal Requirements
All removed materials and debris shall be disposed of in accordance with applicable federal, state, and local regulations.
The C
ontractor shall comply with the City’s recycling requirements as follows:
• Disposal shall be performed using the City’s franchised waste hauler: Waste Resources Technology “WRT” (USA Waste).
10 • Alternatively, the Contractor may self-haul debris to an approved and permitted disposal facility
• Use of any non-franchised third-party hauler is strictly prohibited The Cont
ractor shall be responsible for:
• All costs associated with demolition, hauling, disposal, and recycling • Providing all bins, containers, and transportation
• Maintaining a clean and safe worksite at all times
3. Subst
rate Preparation & Moisture Mitigation
• Tes
ting: The Contractor shall perform moisture and alkalinity testing of all concrete subfloors.
All testing results shall be documented and submitted to the City prior to installation of any flooring materials. No installation shall proceed until moisture conditions are verified to be within manufacturer acceptable limits.
The C
ontractor assumes full responsibility for verifying substrate conditions, including moisture levels, prior to installation.
• Moi
sture System: Apply City-supplied MCS310 Moisture Control, QBC300 Base Coat, and VL201 Self-Leveling (442 units) in strict compliance with manufacturer specifications. The Contractor shall be responsible for proper installation of the complete moisture mitigation system to achieve a substrate suitable for flooring installation. • Crack Repair: Utilize City-supplied CJR400 to create all concrete joints and cracks prior to leveling (21 cartons), in accordance with manufacturer requirements.
4. Floor
ing Installation
• LVT i
nstallation: Insall 11, 200 SF of Solitude LVT (“ X 48”) in a professional, staggered pattern using 4151 pressure-sensitive adhesive. Installation shall be performed in accordance with manufacturer specifications and applicable industry standards. • Car
per Tile Installation: Install 26.67 SY of Divvy Tile Ecoworx (24” x 24”) in accordance with manufacture specifications and approved layout patterns. • Wal
l Base : Install 720 LF of 4.5” Thermoplastic Rubber Base, ensuring tight, clean, and properly installations with mitered corners and seamless transitions.
5. Facil
ity Turnover & Quality Assurance: Upon completion, the Contractor must turn the facility over to the City in a “ready-to-use” state. This includes:
• Cl
eaning: All new flooring surfaces must be cleaned in accordance with the manufacturer’s recommended initial maintenance procedures.
• Debr
is Removal: The site shall be completely free of debris, including adhesive residue, off- cuts, and packaging materials.
• Im
perfection Correction: The installation shall be free of any flooring imperfections, such as bubbling, gapping, misalignment, uneven tiles, or telegraphing of the substate. 11 6. Attic Stock: The Contractor shall neatly palletize and label the remaining 10% attic stock (1, 120 SF LVT / 5.33 SY Carpet) for City storage.
Areas to receive new flooring:
1. E
ast Wing Hallway
2. West Activity Room
3. East Lounge
4. International Room
5. Room 122 ABC
Purchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT A
GENERAL ATTACHMENTS
Exhibit A contains the City’s required forms and attachments. All forms must be completed and submitted; failure to do so may result in disqualification.
Bidder/Proposer Affidavit
Affidavit of Non-Collusion and Non-Discrimination
Affidavit of Non-Federal Lobbyist Requirement
Debarment and Suspension Certification
Acknowledgment of Insurance Endorsements
Client Reference List
Certification of Compliance with Labor Code Section 3700
W9
Purchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT A: Bidder/Proposer Affidavit
Bidder/Proposer Name:
Ma
iling Address:
Ma
in Contact & Title:
E
mail: Phone:
B
IDDER/PROPOSER SIGNATURE AUTHORIZATION AND CERTIFICATION Per the California Corporate Code, Business and Processions Code, the Bidder's/ Proposer’s Bylaws/Operating Agreement and/or the attached Board Resolutions (if applicable), I/we hereby verity the following:
1. That I/we am/are (an) authorized signatory(ies) for the Bidder/Proposer and as such am/are authorized t
o sign and bind the Bidder/Proposer to contract with the City of Carson;
2. That the bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
3. That the bid/proposal is genuine; that all statements of fact in the bid/proposal are true;
4. That the Bidder has not been debarred from participation in any State or Federal works project; S
ignature: Signature:
D
ate: Date:
N
ame: Name:
T
itle: Title:
B
IDDER/PROPOSER AUTHORITY IS PROVIDED IN ACCORDANCE WITH:
Bidder/Proposer's Bylaws/Operating Agreement Section:
Board Resolution
Corporate or Business Professions Code
I
MPORTANT NOTE: If the signature authorization status of any individual changes at any time, it is the responsibility of the Bidder to contact the authorized City Staff regarding the change and to complete and submit new Bidder Information Form. Incorrect information on file may delay the processing of any of the documents submitted.
Purchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT A: Affidavit of Non-Collusion and Non-Discrimination I hereby swear (or affirm) under the penalty of perjury:
That the attached proposal or bid has been arrived at by the responder independently and has been submitted without collusion with and without any agreement, understanding, or planned common course of action with any other firm or entity designed to limit fair and open competition;
That the contents of the proposal or bid response have not been communicated by the responder or its employees or agents to any person not an employee or agent of the responder and will not be communicated to any such persons prior to the official opening of the solicitation responses; and
The proposer/bidder does not and shall not discriminate, will provide equal employment practices, and will adhere to an affirmative action program to ensure that in their employment practices, persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
I certify that the above statements are true and accurate.
Authorized Official:
Signature:
Date:
Name:
Title:
Purchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT A: Affidavit of Non-Federal Lobbyist Requirement Name of Firm:
Address:
Telephone:
I hereby swear (or affirm) under the penalty of perjury:
1. No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer of 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, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;
2. If any funds other than Federal appropriated funds have paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions, and;
3. The above-name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly.
This certification 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 the transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Authorized Official:
Signature:
Date:
Name:
Title:
P
urchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT A: Debarment and Suspension Certification
N
ame of Firm:
Ac
ting on behalf of the above-named firm (“Consultant”), as its Authorized Official, I, the undersigned, certify as follows:
I am a dul
y authorized representative of (“Consultant”). Consultant certifies, to the best of its knowledge and belief, that Consultant, including its principals:
I
s not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency, and not does not have a proposed debarment pending;
H
as not within the three-year period preceding this certification been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction, contract, or subcontract under a public transaction; for violation of federal or state antitrust statutes; or for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; I
s not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) above; and
H
as not within the three-year period preceding this certification had one or more public transactions (federal, state or local) terminated for cause or default.
C
onsultant further certifies that Consultant, including its principals, is not listed on the government-wide exclusions in the System for Award Management.
C
onsultant acknowledges that falsely providing this certification may result in criminal prosecution or administrative sanctions, and that this certification is a required component of all proposals in response to this IFB/RFP/RFQ.
A pr
oposal that does not include a completed and signed version of this certification will be deemed incomplete and materially nonresponsive, and will not be considered.
Authorized Official:
S
ignature:
D
ate:
N
ame:
T
itle:
Purchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT A: Acknowledgment of Insurance Endorsements
In recognition of (“Company”) having submitted a proposal or bid to the City of Carson IFB/RFP/RFQ # , dated , 202 (“RFP”/”IFB”/”RFQ”), issued by the City of Carson (“City”), and in further recognition that the City requires Company to comply with certain insurance requirements (i) as set forth in Section (“Insurance Provisions”) of the Agreement (which Agreement is defined in and made part of the IFB/RFP/RFQ) and (ii) the Other Insurance requirements described in the IFB/RFP/RFQ, if any, I represent that I am the authorized Insurance Broker of Record for Company, and by signing below, I acknowledge, warrant and represent that Company meets the requirements set forth in Insurance Provisions and any applicable Other Insurance requirements, and if requested , shall furnish all the insurance endorsements prescribed in the Insurance Provisions and Other Insurance within thirty (30) days of contract award, as respecting.
[PLEASE CHECK ALL THAT APPLY]
General Liability
Automobile Liability
Worker’s Compensation
Professional Liability
Pollution Liability
Other Insurance Provisions:
Cyber Liability
Crime Insurance
Bonds
Name of Insurer [Print] Name, Title [Print]
Signature Date
Purchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT A: Client Reference List
Provide at least 3 references for projects of similar scope and capacity completed within the last 3 years. The City reserves the right to contact any references provided.
Bidder/Proposer Name:
1. Client Name:
Address:
Contact: Email:
Project Description:
Project Start: Project End:
Project Budget:
2. Client Name:
Address:
Contact: Email:
Project Description:
Project Start: Project End:
Project Budget:
3. Client Name:
Address:
Contact: Email:
Project Description:
Project Start: Project End:
Project Budget:
Authorized Official:
Signature:
Date:
Name:
Title:
I
Form W•9
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service
EXHIBIT A: Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.
G
ive form to the
requester. Do not
send to the IRS.
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.)
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.
4 Exemptions (codes apply only to
certain entities, not individuals;
D Individual/sole proprietor D C corporation D S corporation D Partnership D LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) D Trust/estate see instructions on page 3):
E
xempt payee code (if any)
Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.
D Other (see instructions)
3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions Exemption f rom Foreign Account Tax
Compliance Act {FATCA) reporting
code (if any)
(App
lies to accounts maintained
outside the United States.)
ill
(/)
5 Address (number, street, and apt. or suite no.). See instructions. Requester's name and address (optional) 6 City, state, and ZIP code
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.
Certification
Under penalties of perjury, I certify that:
Social security number
or
Employer identification number
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue S
ervice (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
What's New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification.
D
Sign Signature of
Here U.S. person
Cat. No. 10231X New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Form W-9 (Rev. 3-2024)
Form W-9 (Rev. 3-2024)
must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
Caution: If you don't return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);
2. Certify that you are not subject to backup withholding; or
3. Claim exemption from backup withholding if you are a U.S. exempt payee;and
4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and
5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441-1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.
The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity . • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S . owner of the grantor trust and not the grantor trust.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust.
See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(1)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester;
2. You do not certify your TIN when required (see the instructions for Part II for details);
3. The IRS tells the requester that you furnished an incorrect TIN;
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or
5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under "By signing the filled out form" above (for reportable interest and dividend accounts opened after 1983 only).
Form W-9 (Rev. 3-2024) Page3
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.
See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier.
What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2.
Line 3a
Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a.
IF the entity/individual on line 1
is a(n) ...
THEN check the box for ...
• Corporation Corporation.
• Individual or
• Sole proprietorship
Individual/sole proprietor.
• LLC classified as a partnership
for U.S. federal tax purposes or
• LLC that has filed Form 8832 or
2553 electing to be taxed as a
c
orporation
•
Limited liability company and
enter the appropriate tax
classification:
P = Partnership,
C = C corporation, or
S = S corporation.
backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Partnership
I • Trust/estate
Line 3b
Partnership.
I Trust/estate.
M
isuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return. If you hav
e changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last nam
e as shown on your social security card, and your new last name.
Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or "doing business as" (DBA) nam
e on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the c
harter or other legal document creating the entity. Enter any business, tr
ade, or DBA name on line 2.
• Disregarded entity. In general, a business entity that has a single owner
, including an LLC, and is not a corporation, is disregarded as an enti
ty separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appr
opriate box for the tax classification of its owner. Enter the owner's name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the i
ncome tax return on which the income should be reported. For Form W-9 (Rev. 3-2024) Page4
Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b.
Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K -2 and K -3 (Form 1065) .
For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply.
Line 4 Exemptions
If you are exempt from backup withholding and/or FATCA
reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt fr
om backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and di
vidends.
• Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions.
• Corporations are not exempt from backup withholding with respect to attor
neys' fees or gross proceeds paid to attorneys , and
c
orporations that provide medical or health care services are not ex
empt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1- An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) .
Form W-9 (Rev. 3-2024) Page5
2- The United States or any of its agencies or instrumentalities. 3-A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4-A foreign government or any of its political subdivisions, agencies , or
instrumentalities.
5-A corporation.
6-A dealer in securities or commodities required to register in the Uni
ted States, the District of Columbia, or a U.S . commonwealth or territory.
7-A futures commission merchant registered with the Commodity Futures Trading Commission.
8-A real estate investment trust.
9-An entity registered at all times during the tax year under the I
nvestment Company Act of 1940.
10-A common trust fund operated by a bank under section 584(a). 11-A financial institution as defined under section 581. 12-A midd leman known in the investment community as a nominee or c
ustodian.
13 -A trust exempt from tax under section 664 or described in section 4947.
T
he following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for ... THEN the payment is exempt
for ...
• Interest and dividend payments All exempt payees except for 7.
• Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
• Barter exchange transactions
and patronage dividends
Exempt payees 1 through 4.
• Payments over $600 required to
be reported and direct sales over
$5,0001
Generally, exempt payees
1 through 5.2
• Payments made in settlement of
payment card or third-party
network transactions
Exempt payees 1 through 4.
1 See Form 1099-MISC, Miscellaneous Information, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) entered on the line for a FATCA exemption code.
A-An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37).
B- The United States or any of its agencies or instrumentalities.
C-A state, the District of Columbia, a U.S . commonwealth or territory, or any of their political subdivisions or instrumentalities.
D-A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i).
E-A corporation that is a member of the same expanded affili ated
gr
oup as a corporation described in Regulations section 1.1472-1(c)(1)(i).
F-A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state.
G-A
real estate investment trust.
H-A regulated investment company as defined in section 851 or a n enti
ty registered at all times during the tax year under the Investment Company Act of 1940.
I-A common trust fund as defined in section 584(a) .
J-A bank
as defined in section 581.
K-A broker.
L
-A trust exempt from tax under section 664 or described in secti on 4 947(a)(1).
M-A tax-exempt trust under a section 403(b) plan or section 457(g) plan.
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter "NEW" at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below.
If you a
re a sole proprietor and you have an EIN, you may enter either your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity's EIN.
Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Form W-9 (Rev. 3-2024) Page6
Part II. Certification
To establish to the withholding agent that you are a U.S . person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
1. Interest, dividend, and barter exchange accounts opened For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an The owner
individual
9. A valid trust, estate, or pension trust Legal entity•
10. Corporation or LLC electing corporate The corporation status on Form 8832 or Form 2553
11. Association, club, religious, charitable, The organization educational, or other tax-exempt
organization
12. Partnership or multi-member LLC The partnership
13. A broker or registered nominee The broker or nominee before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts ope
ned after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply . If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or prison)
that receives agricultural program
payments
15. Grantor trust filing Form 1041 or
under the Optional Filing Method 2,
requiring Form 1099 (see Regulations
section 1.671-4(b)(2)(i)(B))'*
The public entity
T he trust
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not hav
e to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of s
ecured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint account)
other than an account maintained by
an FFI
The actual owner of the account or,
if combined funds, the first individual
on the account1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2
5. a. The usual revocable savings trust
(grantor is also trustee)
The grantor-trustee1
b. So-called trust account that is not
a legal or valid trust under state law
The actual owner1
6. Sole proprietorship or disregarded
entity owned by an individual
The owner3
7. Grantor trust filing under Optional
Filing Method 1 (see Regulations
section 1.671-4(b)(2)(i)(A))'*
The grantor•
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished.
2Circle the minor's name and furnish the minor 's SSN.
3You must show your individual name on line 1, and enter your business or OBA name, if any, on line 2. You may use either your SSN or EIN (if you have one}, but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) * Note: The granter must also provide a Form W-9 to the trustee of the trust.
** For more information on optional filing methods for grantor trusts, see the Instructions for Form 1041.
Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax return preparer.
If your tax records are affected by identity theft and you receive a noti
ce from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS Identity Theft Hotline at 800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for Taxpayers.
Form W-9 (Rev. 3-2024) Page7
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD 800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint . You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.ldentityTheft.gov and Pub. 5027.
Go to www.irs.gov/ldentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and territories for use in administering their laws. The information may also be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payors must generally withhold a percentage of taxable interest, dividends, and certain other payments to a payee who does not give a TIN to the payor.
Certain penalties may also apply for providing false or fraudulent information.
Purchasing Division
701 E. Carson Street
Carson, CA 90745
CE
RTIFICATE OF COMPLIANCE WITH LABOR CODE SECTION 3700
N
ame of Firm: __________________
Acting on behalf of the above-named firm ("Consultant"), as its Authorized Official, I, the undersigned, certify as follows: Consultant is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with provisions of that code, and will comply with such provisions before commencing the performance of the work under any contract awarded in response to Consultant's proposal.
CO
NSULTANT
B
y: ____________________________
Title:
Date:
Purchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT B
CITY FORM CONTRACT
Exhibit B contains the City’s standard contract template, provided for reference.
Proposers seeking modifications must submit a redlined version with their proposal for the City’s consideration. Award is contingent upon successful negotiations; if agreement cannot be reached, the City may proceed with another proposer.
Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________
01007.0006/712786.4 rjl 1
PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF CARSON AND
_____________________
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2026, 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 th e services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES
1.1 Scope of Work.
The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference.
The Scope of Services shall include Contractor’s Proposal or Bid Documents submitted for the project entitled ____________________________ (“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, “Proposal” or “Bid Documents” refers to all of the documents included i n the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings , Reference Specifications, all applicable permit requirements, any -2-
01007.0006/712786.4 rjl
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 2018 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( “DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis -Bacon Act (40 U.S.C. § 3141 et seq. ), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions 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 empl oyed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) 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 -3-
01007.0006/712786.4 rjl
in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable appr enticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The 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 tha n eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement , Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a -4-
01007.0006/712786.4 rjl
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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, i ts 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 facilitie s, 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 condit ions 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 C lass 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.
-5-
01007.0006/712786.4 rjl
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(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 sheet ing, 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. -6-
01007.0006/712786.4 rjl
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 oth er components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’ s own 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) d ays after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair , remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work . For any work so corrected, Contractor’s obligation hereunder to correct defective 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 s ubcontractors, 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.
-7-
01007.0006/712786.4 rjl
1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra 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 Orders must be signed by the Contractor and City’s Director of Public Works or City Engineer, or either of their designees, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid . If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order complete d, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; 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. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work -8-
01007.0006/712786.4 rjl
may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.13 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in the “Schedule of Compensation,” attached hereto as Exhibit C 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 _____________________ Dollars ($ __________) (“ Contract Sum ”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Bid Documents and this Agreement. The Contract Sum shall be made in the form of progress payments subject to retention pursuant to Section 2.4.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. 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. -9-
01007.0006/712786.4 rjl
2.3 Payment.
(a) Payments Made b y City . City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors . Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
-10-
01007.0006/712786.4 rjl
(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 sha ll 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 ________ (____) calendar days after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of se rvices 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 -11-
01007.0006/712786.4 rjl
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)
________________________ ________________________
(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 -12-
01007.0006/712786.4 rjl
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 _____________________________ 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 a nd shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter 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.
-13-
01007.0006/712786.4 rjl
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. 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 $1,000,000 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.
-14-
01007.0006/712786.4 rjl
(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a C ontractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and 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.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) 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, certifie d copies of all required insurance policies, at any time.
(c) Duration of C overage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) 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.
-15-
01007.0006/712786.4 rjl
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers a nd insurance clauses from each of its subcontractors.
(g) Enforcement of C ontract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) 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.
(i) Notice of C ancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of U ndisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer ’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. -16-
01007.0006/712786.4 rjl
(m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor , provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) 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.
(o) Self-Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor ’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without 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 resu lt 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.
-17-
01007.0006/712786.4 rjl
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:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section
2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds shall be on the applicable forms provided in Exhibit “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.
5.7 Release of Securities.
-18-
01007.0006/712786.4 rjl
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 r elating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor ’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein , Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto. -19-
01007.0006/712786.4 rjl
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.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by -20-
01007.0006/712786.4 rjl
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 Eastern 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. (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.
-21-
01007.0006/712786.4 rjl
7.4 Dispute Resolution Process.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal co nferences, non -binding judicial -supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “claim ” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for ext ra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contract ual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. -22-
01007.0006/712786.4 rjl
(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be re quested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) 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. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -23-
01007.0006/712786.4 rjl
(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses . The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims . If following the 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 wo rk, 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. (h) Civil Actions for Claims of $375,000 or Less . The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
-24-
01007.0006/712786.4 rjl
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act ( Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed the ir customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
7.5 Waiver.
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 exercis e 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, i n entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (comme ncing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. -25-
01007.0006/712786.4 rjl
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, religi on, 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. -26-
01007.0006/712786.4 rjl
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 counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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.
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 -27-
01007.0006/712786.4 rjl
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 inte rest 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 conse quence 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 l imited 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 othe r conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
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 Agreeme nt, 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]
-28-
01007.0006/712786.4 rjl
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 rjl
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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 rjl
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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 rjl A-1
EXHIBIT A
SCOPE OF SERVICES
01007.0006/712786.4 rjl
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.
01007.0006/712786.4 rjl
EXHIBIT C
SCHEDULE OF COMPENSATION
I. Contractor shall complete work for the Project in accordance with the following:
DESCRIPTION QUANTITY PRICE
II. The City will compensate Contractor for work performed and expenses incurred toward completion of the Project upon submission of a valid invoice. In addition to what is required under Section 2.2 of the Agreement, each invoice is to include:
A. Line items for all personnel describing the work performed.
B. Line items for all materials and equipment properly charged to the Project.
C. Line items for the price and quantity of all materials, equipment and work.
D. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
E. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Project.
III. The total compensation for the Project shall not exceed $______________as provided in Section 2.1 of this Agreement.
01007.0006/712786.4 rjl
EXHIBIT D
PERFORMANCE BOND
PROJECT NO. ________
We, _________, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of __________ U.S. Dollars and ____ Cents ($_______). 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 i tself 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 age nts, 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 es timate 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 wis e 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.
01007.0006/712786.4 rjl
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
01007.0006/712786.4 rjl
requirements of the agreement.
01007.0006/712786.4 rjl
EXHIBIT E
PAYMENT BOND
PROJECT NO. ________
We, ______, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of ______________ 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 per formance 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 betwee n 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.
01007.0006/712786.4 rjl
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.
Purchasing Division
701 E. Carson Street
Carson, CA 90745
EXHIBIT C
COST FILE
Exhibit C contains the City’s required Cost File template. Proposers must complete and submit this form in full; failure to do so may result in disqualification.
COST FILE
IFB #26-13
COMMUNITY CENTER FLOORING DEMOLITION AND INSTALLATION
BID SHEET
Bidders, in compliance with this project, having examined the specifications, City of Carson Insurance Requirements, City of Carson Terms and Conditions, related to documents and the site of the proposed work, having become completely familiar with local conditions surrounding the proposed work, including availability of materials and labor, hereby proposes to perform all work at rates stated below, which are to cover all expenses incurred in performing the work.
SCOPE: IFB 26 -13 COMMUNITY CENTER FLOORING DEMOLITION AND
INSTALLATION
TOTAL BASE BID AMOUNT* including all labor, performance, bond, payment bond and applicable tax:
Figures _____________________________
Words ______________________________
The undersigned agrees that if there is a price discrepancy between the written amount and the numerical amount of the Bid Price, the written amount shall control and govern.
COMPLETION TIME: _____________________ DAYS AFTER NOTICE TO
PROCEED
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN IN FIGURES AND WORDS
COMPANY
______________________________________________________________
SIGNED _____________________ DATE __________________________
By signing below, I certify that I am an authorized representative of the company listed below and that the prices provided herein are accurate and valid for a minimum of 90 days from the bid due date. I further acknowledge that all pricing submitted via this form and entered in the PlanetBids system is complete and binding, and that I have read and understood all requirements of this RFP.
Company Name: ____________________________________________ Authorized Representative (Print): ____________________________________________ Title: ____________________________________________
Signature: ____________________________________________ Date: ____________________________________________
Phone: ____________________________________________
Email: ____________________________________________
Asbestos Assessment Performed on 06/04/2026
Report Finalized on 06/08/2026
Project #JL-46689
Property Inspected Report Prepared By
801 East Carson Street
Carson, CA 90745
Property Type: Single Story, Commercial Property
JLM Environmental
15200 Grevillea Avenue, Suite B
Lawndale, CA 90260-2018
(310) 978-8281 – [email protected]
www.JLMEnvironmental.com
Limited asbestos inspection performed of the subject property prior to limited renovations.
Introduction
On 06/04/2026, JLM Environmental performed a limited asbestos survey of suspect building materials at the subject property at the request of the City of Carson c/o Freddy Loza. The scope of JLM Environmental’s inspection was limited to documentation and collection of samples prior to limited renovations. This report provides a summary of the survey activities and findings as well as recommendations.
Property Information
The subject property is a single story, commercial property built in 1983. The property is currently occupied with personal contents present. At the time of the inspection, no noticeable fire or structural damage was observed.
Property Type: Commercial Property
Property Size (ft2): 40000
Weather During Inspection: Clear
Children Living at Property: Unknown
Client Present During Inspection: No
Inspection Performed on Behalf of: City of Carson c/o Freddy Loza Foundation Type: Slab Foundation
Sampling Methodology
The asbestos survey of the subject areas at the property was performed by Kyle Brown (CSST #24 -7540) under the direction of Jonathan Massey (CAC #11-4813). Samples were delivered by hand to Pinnacle Laboratory on 06/04/2026 and placed into a locked storage container until they were received by the laboratory staff on 06/05/2026 and entered into the laboratory’s system.
BULK: The scope of JLM Environmental's survey included the inspection and sampling of suspect materials within the areas and/or sys tems identified in the Scope of Work. This survey was limited in nature and does not represent an evaluation of all suspect materi als present at the property. Intrusive sampling was performed where feasible within the defined scope; however, concealed materials outside the inspected areas were not assessed. The physical condition, friability, accessibility, activity, and damage of suspect building materials within the defined scope were assessed and documented. Materials or areas outside the defined scope may contain Asbestos -Containing Material (ACM) and shall be evaluated prior to disturbance.
The building was visually inspected and suspected asbestos -containing materials were identified. These are classified in three ways: surfacing materials, Thermal System Insulation and miscellaneous materials. The materials are further classified as friable or non-friable. Materials were then separated into homogeneous sampling areas. A homogeneous sampling area is one in which the materials exhibit the same characteristics of color, texture, and type of material. Materials were sampled, placed in a leak pro of container, and submitted to a laboratory that has been accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) for Asbestos Fiber Analysis.
Observations
Purpose of Inspection: Planned Renovations
Scope of Survey: A limited survey was performed. A full facility survey as recognized in SCAQMD Rule 1403 must be performed by a DOSH certified inspector prior to extensive renovations to determine suspect materials in a structure. Any materials that have not been identifi ed in this report must first be inspected and sampled by a Certified Asbestos Consultant (CAC) in accordance with SCAQMD Rule 1403 prior to any disturbance of the unidentified materials.
Client was advised AHERA and Code of Federal Regulations (40 CFR Part 763.86, in compliance with AQMD Rule 1403 ) requires a minimum of 3 samples from each homogeneous building material:
Yes - Sample collection was conducted by the inspector to adhere to AHERA and CFR sample recommendations
Inspection of Property Included: Interior
Areas of Concern Detected: No
Samples Collected: Yes
Prior to survey, renovation activities have been performed? No Bulk Samples Recommended at time of Survey: Client has accepted sample recommendations Materials Authorized for Sample Collection Include: Mastic Additional Notes: A limited asbestos survey was performed for the City of Carson prior to limited renovations. Planned renovations include replacing carpet flooring present in the east wing rooms and hallway. Per the on-site contact, only the flooring and cove base will be removed. All inspected building materials were observed to be intact at the time of the survey. Bulk samples were collected.
• A full facility survey as recognized in SCAQMD Rule 1403 must be performed by a DOSH certified inspector prior to extensive renovations to determine suspect materials in a structure. Any materials that have not been identified in this report must first be inspected and sampled by a Certified Asbestos Consultant (CAC) in accordance with SCAQMD Rule 1403 prior to any disturbance of the unidentified materials.
Heating System
Included in inspection? No
Roof System
Included in inspection? No
Exterior Walls
Included in inspection? No
Windows
Included in inspection? No
Attic
Included in inspection? No
Crawlspace
Included in inspection? No
Flooring
Flooring Materials Observed: Carpet
Suspect Building Materials Observed: Carpet Mastic
Flooring Samples Collected: The client has accepted the recommendations Additional Flooring Notes: Carpet flooring with mastic was observed throughout the inspected rooms and hallway of the east wing. Cove base with mastic was also observed throughout the inspected areas. Per the client, these are the only materials that will be disturbed as part of the reflooring. All observed flooring materials were intact and in good condition at the time of the inspection.
Ceilings and Walls
Included in inspection? No
Water Heater
Included in inspection? No
PLM BULK RESULTS
Bulk asbestos samples were analyzed by Polarized Light Microscopy (PLM) using EPA method (EPA/600 R-93/116) “Method for the Determination of Asbestos in Bulk Materials” by Pinnacle Laboratory, (310) 431-9270, located at 15200 Grevillea Avenue, Suite A-1, Lawndale, CA 90260. Pinnacle Laboratory holds a NVLAP accreditation in Asbestos Fiber Analysis (NVLAP Lab Code 600117 -0). The quantification limit for this method is 1.0%.
If asbestos is detected at levels below 1% then the sample is reported as <1.0% and n ot quantified. If a lower limit is desired, then available methods include: 1000 Point Count reanalysis (for a quantification limit of 0.1%).
Please be advised that measurements are not to be used for bidding purposes; these are only estimates.
Positive Sample Results: CAL/OSHA, the SCAQMD, and the EPA regulate these materials. A State Licensed Asbestos Abatement Contractor must perform all work relating to the disturbance of the asbestos containing materials. A licensed DOSH abatement contractor, using regulated work procedures and properly accredited personnel must remove these materials. The sampled materials that exceeded the EPA level of 1% and the Cal-OSHA level 0.1% for asbestos content were:
Table 1: Positive Sample Results
None - All materials collected for analysis at the time of the inspection were found to be negative for asbestos.
Negative Sample Results: The sampled materials that did not exceed the EPA level of 1% and the Cal -OSHA level of 0.1% for asbestos content were:
Table 2: Negative Sample Results
Sample # Location Material Condition Friable Result
AB-01 Flooring- East Activity, Lounge, Meeting,
International & Hallway
Carpet Mastic
Approx. 4,000 sq.ft. Good No NAD*
AB-02 Flooring- East Activity, Lounge, Meeting,
International & Hallway
Carpet Mastic
Approx. 4,000 sq.ft. Good No NAD
AB-03 Flooring- East Activity, Lounge, Meeting,
International & Hallway
Carpet Mastic
Approx. 4,000 sq.ft. Good No NAD
AB-04 Flooring- East Activity, Lounge, Meeting,
International & Hallway
Cover Base Mastic
Approx. 200 sq.ft. Good No NAD
AB-05 Flooring- East Activity, Lounge, Meeting,
International & Hallway
Cover Base Mastic
Approx. 200 sq.ft. Good No NAD
AB-06 Flooring- East Activity, Lounge, Meeting,
International & Hallway
Cover Base Mastic
Approx. 200 sq.ft. Good No NAD
*NAD = No Asbestos Detected
Limitations
Every effort has been made to ensure that the information and conclusions in this report are accurate. JLM Environmental Cons ultants has exercised professional judgment in collecting, studying, and analyzing the data and formulating recommendations based o n the on -going requirements of the site and results of the study. JLM Environmental performed the contracted tasks within the guidelines pre scribed by the customer, expected by all applicable agencies (e.g., SCAQMD, Cal/OSHA, etc.) and with the quality and diligence expected by the profession. No other warranties expressed or implied, as to the accuracy of the data, information or recommendation is included or intended in this report.
JLM Environmental hereby disclaim any liability or responsibility to any unauthorized and/or third parties and/or persons for any loss, damage, expense, fine or penalty which may arise or result from the use of any information, recommendation or action contained or des cribed in this report. We trust that this report fulfills yo ur requirements. If you have any questions or comments, please feel free to contact us at [email protected] or via text at (310) 930-3355.
Submitted by,
Jonathan Massey
Certified Asbestos Consultant License #11-4813
Contractor State License Board #949259
HCC Surety Group Bond #100128922
Certified Lead Inspector/Assessor #LRC-00002199
OneBeacon Liability Insurance #CL1332001526
EPA RRP #R-I-21649-10-00075
JLM Environmental
15200 Grevillea Ave. B
Lawndale, CA. 90260
Date Collected 06/04/2026
Project Desc: 801 East Carson St, Carson, CA 90745
Date Received 06/05/2026
Date Analyzed 06/08/2026
Date Reported 06/08/2026
NVLAP Lab Code 600117-0Accreditation:
Methodology:
Sample Count: Samples Submitted: 6; Layers Analyzed: 6 EPA Method 600/R-93/116
Job ID: 120278PLM Asbestos Report
15200 Grevillea Ave
Suite A
Lawndale, CA 90260
Phone: 310-431-9270
www.pinnaclelab.com
Composition %
Asbestos
Materials
Composition %
Non-Asbestos
Materials
Sample Description
Sample Color
Client Sample Location
Asbestos
Detected?
(Yes/No)
Lab ID #
Client Sample ID #
Layer #
Polarized Light Microscopy (PLM) Analysis for Bulk
No120278-001
1 1
Carpet Mastic
Yellow
Flooring - East Activity, Lounge, Meeting,
International, Hallway
Non-Fibrous Material
100%
None Detected
No120278-002
2 1
Carpet Mastic
Yellow/Green
Flooring - East Activity, Lounge, Meeting,
International, Hallway
Non-Fibrous Material
100%
None Detected
No120278-003
3 1
Carpet Mastic
Yellow
Flooring - East Activity, Lounge, Meeting,
International, Hallway
Non-Fibrous Material
100%
None Detected
No120278-004
4 1
Cove Base Mastic
Yellow/Cream
Cove Base - East Activity, Lounge, Meeting,
International, Hallway
Non-Fibrous Material
100%
None Detected
No120278-005
5 1
Cove Base Mastic
Yellow/Cream
Cove Base - East Activity, Lounge, Meeting,
International, Hallway
Non-Fibrous Material
100%
None Detected
No120278-006
6 1
Cove Base Mastic
Yellow/Cream
Cove Base - East Activity, Lounge, Meeting,
International, Hallway
Non-Fibrous Material
100%
None Detected
06/08/2026 Page 1 of 2
Composition %
Asbestos
Materials
Composition %
Non-Asbestos
Materials
Sample Description
Sample Color
Client Sample Location
Asbestos
Detected?
(Yes/No)
Lab ID #
Client Sample ID #
Layer #
Polarized Light Microscopy (PLM) Analysis for Bulk
Approval: Lupe Escobar (Laboratory Manager)
END OF REPORT
Disclaimer: Bulk sample(s) submitted was (were) analyzed in accordance with the procedures outlined in EPA-600/R-93/116 (Method for Determination of Asbestos in Building Materials, 1993) and Appendix E to Subpart E of 40 CFR Part 763.
Samples were analyzed using Calibrated Visual Estimations (CVES); therefore, results may not be reliable for samples of low asbestos concentration levels. This report applies only to the items as received in the lab. "None Detected" means that no asbestos was observed in the sample. "< 1%" (less than one percent) means that asbestos was observed in the sample but the concentration is below the quantifiable level of 1%. This report may not be reproduced, except in full without the expressed written consent of Pinnacle Laboratory. This report may not be used to claim product certification, approval, or endorsement by NIST, NVLAP, AQMD, or any government agency.
Analyst: Yipwan Ahmed(Analyst)
06/08/2026 Page 2 of 2
01007.0006 2166176.3
1 PUBLIC WORKS
AGREEMENT
BETWEEN THE CITY OF
CARSON
AND
PRO INSTALLATIONS, INC. DBA
PROSPECTRA CONTRACT FLOORING, A DIVERZIFY COMPANY
THIS
PUBLIC WORKS
AGREEMENT
(
“
Agreement
”
) is made and entered into this
____ day of ________, 20
2 6
,
by and between the City of
Carson
, a California
charter city
(
“
City
”
)
and
Pro Installations, Inc., a California corporation DBA Prospectra Contract Flooring, a Diverzify Company
(
“
Contractor
”
).
City and Contractor
may be referred to,
sometimes
individually or
collectively, as
“
Party
”
or
“
Parties.
”
RECITALS
A.
T
he City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.
B.
Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C.
Pursuant to the City of
Carson
Municipal Code
and California state law
, City has
authority to enter into and execute this Agreement.
D.
The Parties desire to formalize the selection of Contractor for performance of th e
services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1.
CONTRACTOR
SERVICES
1.1 Scope of Work.
T
he 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
“IFB 26
-
14: Community Center Flooring Demolition
and Installation”
(
“
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 i
n
the solicitation of bids for the Project, including but not limited to, the
Invit
ation
for
Bids, Instructions to Bidders, Bid or Bid Proposal,
Contract Documents,
Special
Provisions,
Technical Provisions,
Construction
Plans,
Standard Plans,
Drawings
,
Reference
Specifications, all applicable permit requirements, any addenda, any applicable Project Labor
-
2 -
01007.0006 2166176.3
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
20 21
Edition of the Standard Specifications for Public Works Construction
, as updated by errata,
(
“
Greenbook
”
) are incorporated herein, except as explicitly
modified by the Bid Documents.
In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Labor
and Wage
Law
s
.
(a)
Public Work
.
The Parties acknowledge that the work to be performed under this Agreement is a
“
public work
”
as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the
requirements of
Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the
California Labor Code
relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( “
DIR
”
) implementing such statutes.
The
work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR.
Contractor shall post job site notices, as prescribed by regulation.
(b)
Registration with DIR
.
Pursuant to Labor Code section 1771.1,
Contractor
and all subcontractors
must be registered with, and pay an annual fee to, the DIR prior to
and
during
the performance of any work under this Agreement.
(c)
Prevailing Wages
.
Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771.
Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at
City Hall
and will be made available to any
interested party on request.
By initiating any work under this Agreement, Contractor acknowledges rec
eipt of a copy of the DIR
determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
If
this
Agreement is subject to the payment of federal prevailing wages under the Davis -
Bacon Act
(40 U.S.C. § 3141
et seq.
), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d)
Penalty for Failure to Pay Prevailing Wages
.
Contractor shall comply with
and be bound by the provisions 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 thi s
Agreement by Contractor or by any subcontractor.
(e)
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
-
3 -
01007.0006 2166176.3
in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(f)
Apprentices
.
Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6
,
and 1777.7 and California
Code of Regulations T
itle 8,
S
ection 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.
(g)
Eight
-
Hour Work Day
.
Contractor acknowledges that eight (8) hours labor
constitutes a legal day
’
s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h)
Penalties for Excess Hours
.
Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The 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 tha n eight
(8) hours in any one
calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day,
and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at
not less than one and one
-
half (1½)
times the
basic rate of pay.
(i)
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 certif
ies as follows:
“
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ’
compensation or to
undertake self
-
insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
”
(j)
Contractor
’
s Responsibility for Subcontractors
.
For every subcontractor
who will perform work
under this Agreement
, Contractor shall be responsible for such
subcontractor
’
s compliance with
Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code
, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement.
Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor ’
s compliance, including
w
ithout limitation, conducting a
review of the certified payroll records of the subcontractor
on a
-
4 -
01007.0006 2166176.3
periodic basis or
upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor
shall diligently take corrective action to halt or
rectify any
such
failure
by any subcontractor.
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 Ci ty
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 facilitie s, 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 C
lass 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.
-
5 -
01007.0006 2166176.3
(b)
City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor
’
s cost of, or the time required for, performance of any part of the work, shall issue a change order
in accordance with
this Agreement.
(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 projec
t 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, meter s,
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
s
ections 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 eng
ineer 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 a
llow 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 there for.
-
6 -
01007.0006 2166176.3
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 oth er components thereof
to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City ’
s own
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) a
fter 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 s ubcontractors,
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 enfo
rce 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.
-
7 -
01007.0006 2166176.3
1.12 Additional Work and Change Orders.
(a)
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work.
No such extra 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
Orders must be signed by the Contractor and
City’s Director of Public Works or City Engineer, or
either of their designees,
prior to commencing the extra work thereunder.
(b)
Any increase in compensation of up to
the amount of contingency approved
by the City Council
at the time the Project was awarded to Contractor
plus any additional
subsequent contingency approved by the City Council
,
if any,
taken either separately or
cumulatively,
or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s
Director of Public Works or City Engineer, or either of their designees .
Any greater increases,
taken either separately or cumulatively, must be approved by the City Council.
(c)
Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the
Contractor’s Bid
.
If the rates in the
Contractor’s Bid
do
not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and
City’s Director of Public Works or City
Engineer, or either of their designees
.
If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i)
Labor
:
The
cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is done.
The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii)
Materials and Equipment
:
The
cost of materials and equipment shall
be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower.
(iii)
If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order.
The daily report must include: list of names of workers, classifications, and hours worked; 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.
-
8 -
01007.0006 2166176.3
(d)
It is expressly understood by Contractor that
the provisions of this Section
shall not apply to services specifically set forth in the Scope of Work.
Contractor hereby
acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation the
refor.
City may in its sole and absolute discretion have
similar work done by other contractors.
(e)
No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.13 CARB Compliance.
For a project involving the use of in
-
use off
-
road diesel
-
fueled vehicles, as defined by 13
CCR 2449, Contractor shall obtain copies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuan t to this contract and all
listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employ
ees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.
1.14 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the
“
Special Requirements
,
”
attached hereto as
Exhibit
B
and incorporated herein
by this reference.
In the event of a conflict between the provisions 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
Eighty Seven Thousand One Hundred Sixty Three
Dollars
and Zero Cents
($
87,163.00)
(“
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.
A
ll 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
-
9 -
01007.0006 2166176.3
rates
(including federal prevailing wage rates, if applicable)
for all employees and subcontractors
providing services under this Agreement, as applicable, with Contractor
’s first invoice. If these
rates change at any time during the term of the Agreement, Contractor
shall submit a new list of
rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment
.
(a)
Payments Made
b
y City
.
City shall independently review each invoice
submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred
by Contractor which are disputed by City, City will cause Contractor to be paid
any progress payment
within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City
does not cause Contractor to be paid
any progress payment
within thirty (30) days of receipt of an
undisputed and properly submitted invoice
and provided the Project is for construction
, Contractor
shall be entitled to the payment of interest to the extent allowed under Public Contract Code S
ection 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 a ccompanied 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 appl
icable law.
(b)
Payments Made
b
y 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 d
ays 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.
-
10 -
01007.0006 2166176.3
(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 escr
ow 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 b e
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
thirty
(
30)
working
days
after receiving a
“
Notice to Proceed
”
from the City
in accordance with any schedule contained in
or required to be
provided by
the
Proposal or
Bid Documents
, and any revisions thereof approved by the City in
writing
.
Time is of the essence.
If the work is not completed within said time period, liquidated damages shall apply.
The term of this Agreement shall expire
one
(
1 ) year following City’s
acceptance of the Project.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of
One Thousand
Dollars ($
1,000.00
) as liquidated damages for each working day of delay in the 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
s
ection 4215, Contractor shall not be assessed liquidated damages for delay in completion of the
work
when such delay was caused by the failure of the
City
or owner of the
utility to provide for removal or relocation of utility facilities.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any government
al 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
-
11 -
01007.0006 2166176.3
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 be
ing extension of the Agreement pursuant to this
Section.
3.4 Final Acceptance.
A
cceptance 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 o
n its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Ruben Hernandez
_________
Project M
a
nager
__________
(Name)
(Title)
________________________
________________________
(Name)
(Title)
________________________
________________________
(Name)
(Title)
The
Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All
personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.
For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor
’
s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Contractor shall notify City of any 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
-
12 -
01007.0006 2166176.3
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
Freddy Loza, Public Works Superintendent
,
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
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 ba
sis.
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.
-
13 -
01007.0006 2166176.3
ARTICLE 5.
INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting
Contractor
’
s indemnification of City, and prior to commencement of any services under this Agreement,
Contractor
shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a)
General
L
iability
I
nsurance
.
Contractor
shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form
ISO CGL CG
00 01
or equivalent
, in an amount not less than $
5 ,000,000 per occurrence, $
10 ,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “
insured
contract
”
language will not be accepted.
(b)
Automobile liability insurance
.
Contractor
shall maintain automobile
insurance at least as broad as Insurance Services Office form ISO
CA 00 01
,
including “any auto”
and endorsement CA 0025 or equivalent,
covering bodily injury and property damage for all
activities of the
Contractor
arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount
not less than $
2 ,000,000 combined single limit for each accident.
(c)
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, n
onconforming
w
ork, 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
p
roject; (4)
o
rdinance 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)
o
cean marine cargo coverage insuring any
p
roject 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 s
ite or any staging area.
If the
P
roject 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, m
achinery 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 w
ork, including during transit,
installation, and testing at the
Project
site.
-
14 -
01007.0006 2166176.3
(e)
Pollution Liability Insurance
. Contractor shall maintain Environmental
Impairment Liability insurance, written on a C
ontractor
’s Pollution Liability form or other form
acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000
in the 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
p
olicy 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 insu
rer.
If
C
ontractor 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
C
ontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
City
.
5.2 General Insurance Requirements.
(a)
Subcontractors
. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(b)
Proof of
I
nsurance
.
Contractor
shall provide certificates of insurance
and
endorsements
to City as evidence of the insurance coverage
s
required herein, along with a waiver
of subrogation endorsement for workers
’
compensation. Insurance certificates and endorsements
must be approved by City
’
s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c)
Duration of
C
overage
.
Contractor
shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor
, its agents, representatives, employees or
subcontractors
.
(d)
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 umb
rella 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.
-
15 -
01007.0006 2166176.3
(e)
City
’
s
R
ights
of
E
nforcement
. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will
be promptly reimbursed by
Contractor
or City will withhold amounts sufficient
to pay premium from
Contractor
payments. In the alternative, City may cancel this Agreement.
(f)
Waiver of
S
ubrogation
. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor
or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Contractor
hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its subcontractors
.
(g)
Enforcement of
C
ontract
P
rovisions
(non
-
estoppel)
.
Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor
of non
-
compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h)
Requirements
N
ot
L
imiting
. 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 cover
age feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the
Contractor
maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor
. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i)
Notice of
C
ancellation
.
Contractor
agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j)
Additional
I
nsured
S
tatus
. General
and
a
uto
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 polic
ies.
(k)
Prohibition of
U
ndisclosed
C
overage
L
imitations
. None of the coverages
required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l)
Separation of
I
nsureds
. 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.
-
16 -
01007.0006 2166176.3
(m)
Pass
T
hrough
C
lause
.
Contractor
agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in the project by
Contractor
, provide the same minimum insurance coverage and endorsements required of
Contractor
.
Contractor
agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Contractor
agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
(n)
Agency
’
s
R
ight
to
R
evise
S
pecifications
. 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.
(o)
Self
-
I
nsured
R
etentions
. 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
specific
ations unless approved by City.
(p)
Timely
N
otice
of
C
laims
.
Contractor
shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor
’
s performance
under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q)
Additional
I
nsurance
.
Contractor
shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an
“Indemnitee”)
from and against all
liability, loss, damage, expense, cost (including without 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 fe es 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 resu
lt 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 termina
tion of this Agreement.
-
17 -
01007.0006 2166176.3
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 negligen
ce 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 i
nvolved, 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
:
(a)
A
performance bond secur
ing
the faithful performance of this Agreement
,
in
an
amount not less than 100% of the total compensation for this Agreement , as stated in Section
2.1 .
(b)
A
payment
bond
, securing the payment of all persons furnishing labor
and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds
shall be on
the applicable
form
s
provided in Exhibit “C”
and Exhibit “D”
attached hereto
and made part hereof
. The bonds shall each
contain the original notarized signature
of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his
/her
power of attorney.
The bond
s
shall be unconditional and remain in force during t
he 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 bond s
m
ay be changed accordingly upon
receipt of written notice from the
City
’s Risk Manager
.
5.7 Release of Securities.
-
18 -
01007.0006 2166176.3
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 r elating to the disbursements
charged to City and services performed hereunder (the
“
books and records
”
), as shall be necessary
to perform the services required by this Agreement and enable the Project Manager
to evaluate the
performance of such services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed.
The
Project Manager
shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
In the event of dissolution of Contractor
’
s business, custody of the books and records may be given to City, and access shall be provided by Contractor
’
s successor in interest.
Notwithstanding the
above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager
such reports
concerning the performance of the services required by this Agreement as the Project Manager
shall require.
Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees
that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein
,
Contractor shall promptly notify the
Project Manager
of said fact, circumstance, technique or event
and the estimated increased or
decreased cost related thereto
.
-
19 -
01007.0006 2166176.3
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 he reunder.
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.
(a)
I
nformation gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor.
Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager
.
(b)
Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the
Project Manager
or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “
voluntary
”
provided
Contractor gives City notice of such court order or subpoena.
(c)
If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys
’
fees, caused by or incurred as a result of Contractor
’
s conduct.
(d)
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other disco
very
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
-
20 -
01007.0006 2166176.3
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 Contract or for any work performed after
the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or condition
s of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten
(
10 ) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other pr
ovision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7.3 Suspension and
Termination.
(a)
The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days
prior
written notice. Upon receipt of said notice, Contractor shall immediately cease all
work under this
Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or
invalidate the remainder of this Agreement.
(b)
This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the
Project accepted by City
up to the effective date of termination
unless any portion of the Project is
accepted by City after termination in which event Contractor shall be paid for such completed portion.
-
21 -
01007.0006 2166176.3
7.4 Dispute
Resolution Process.
Section 20104
et seq
.
of the California Public Contract Code prescribes a process utilizing informal co
nferences, non
-
binding judicial
-
supervised mediation, and judicial arbitration to
resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The inte
nt 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,
“c
laim
”
means a separate demand by the Contractor,
after the City has denied Contractor’s timely and duly made request for payment for ext ra work
and/or a time extension
, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement
and payment of which is
not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a)
Claim Submittal
.
The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede
notice requirements otherwise 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 compensat
ion or payment thereon.
(b)
Supporting Documentation
.
The Contractor shall submit all claims in the
following format:
(i)
Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii)
List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.
(iii)
Chronology of events and correspondence related to the claim.
(iv)
Statement of grounds for the claim.
(v)
Analysis of the claim’s cost, if any.
(vi)
Analysis of the claim’s time/schedule impact, if any.
(c)
City’s Response
.
Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what po
rtion 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.
-
22 -
01007.0006 2166176.3
(i)
If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually 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 extens
ion, expires to provide the Contractor
a written statement identifying the disputed portion and the undisputed portion.
(ii)
Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be re quested and
provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(iii)
The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that
taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d)
Meet
a
nd 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 fail
ure 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 settlem ent of the dispute.
(e)
Mediation
.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding
mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been
identified in writing, unless the parties agree to select a mediator at a later time.
(i)
If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged b y its respective
mediator in connection with the selection of the neutral mediator.
(ii)
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation
or by
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
-
23 -
01007.0006 2166176.3
(iii)
Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
(iv)
All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
(f)
City’s Responses
.
The City’s failure to respond to a claim from the
Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is deni
ed by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to
respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g)
Government Code Claims
.
If following the 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 wo
rk, 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 al
l 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 conf er conference or mediation that
does not result in a complete resolutions of all claims.
(h)
Civil Actions for Claims of $375,000 or Less
.
The following procedures
are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i)
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -
binding mediation unless waived by
mutual stipulation of both parties or unless mediation was held prior to commencement of the
action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court
or by stipulation of both parties
.
If the parties fail to select a mediator within the 15
-
day period, either party may petition the court
to appoint the mediator.
-
24 -
01007.0006 2166176.3
(ii)
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 114 1 .11 of that code. The Civil
Discovery Act (
Title 4
(commencing with Section 2016
.010
) of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii)
Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed the ir
customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.
(iv)
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition t o 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
A
re
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 exercis e 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, i
n entering into this Agreement,
Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (comme
ncing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement.
This assignment shall be made and become effective at the time the City t
enders final
payment to the Contractor without further acknowledgment by
the Parties.
-
25 -
01007.0006 2166176.3
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
a
ffects 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, religi on, 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, ancestr y, 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 s
hall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’
fees, incurred by City.
-
26 -
01007.0006 2166176.3
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 m
ake 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 co nstitute 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, an
d 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.
-
27 -
01007.0006 2166176.3
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 unen forceability 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 pr
ovision 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 inte rest 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 v
iolation 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 conseque
nce 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 l imited 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 Agreeme nt, 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]
-
28 -
01007.0006 2166176.3
IN WITNESS WHEREOF
, the parties hereto have executed this Agreement on the date and year first
-
above written.
CITY
:
CITY OF
CARSON
,
a
California charter
city
______________________________
Lula Davis
-
Holmes,
Mayor
ATTEST:
Dr. Khaleah
K
. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
______
_______________________
Sunny
K.
Soltani
, City Attorney
[pks
; rjl
]
CONTRACTOR
:
PRO INSTALLATIONS, INC., a California
corporation DBA PROSPECTRA
CONTRACT FLOORING, A DIVERZIFY
COMPANY
*
By:
______
_________________________
Name:
______
_______________________
Title:
______
_______________________
*
By:
______
_________________________
Name:
______
_______________________
Title:
______
_______________________
Address:
17405 Valley View Avenue
Cerritos, CA 90703
*
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. 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 2166176.3
A
-
1 EXHIBIT A
CONTRACTOR’S BID
01007.0006 2166176.3
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
.
I.
Section 5.1 (Insurance Coverages) of the Agreement is hereby amended to read in its entirety as follows:
“5.1
Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and
amounts described below
and in a form satisfactory to City.
(a)
General
L
iability
I
nsurance
. 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 $ 1 5
,000,000 per occurrence,
$
2 10
,000,000 general aggregate, for bodily injury, personal injury, and property damage.
The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b)
Automobile liability insurance
. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form ISO CA 00 01, including
“any auto” and 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 les
s than $
1 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 provis
ions. 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
01007.0006 2166176.3
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, modificatio n, 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, b
roken, 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 rem
ediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage fo
r the hauling of waste from the project site to the final disposal location, including non
-
owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using
subcontractors,
the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Polic y shall specifically
provide for a duty to defend on the part of the insurer.
If
C
ontractor maintains broader coverage and/or higher limits than the minimums shown above,
City
requires and shall be entitled to the broader coverage and/or the higher limits maintained by
C
ontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City
.
”
01007.0006 2166176.3
EXHIBIT C
PERFORMANCE BOND
We,
Pro Installations, Inc., a California corporation DBA Prospectra Contract Flooring, a Diverzify Company
,
as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of
Eighty Seven Thousand One Hundred Sixty
Three
U.S. Dollars and
Zero
Cents
($
87,163.00)
. 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 a nd 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 pro vided, 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 age
nts, 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 es timate 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 wis e 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.
01007.0006 2166176.3
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.
01007.0006 2166176.3
EXHIBIT
D
PAYMENT
BOND
We,
Pro Installations, Inc., a California corporation DBA Prospectra Contract Flooring, a Diverzify Company
,
as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of Eighty Seven
Thousand One Hundred Sixty Three
U.S. Dollars and
Zero
Cents
($
87,163.00)
. 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 o f 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 sam
e 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 betwee
n 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 obligatio n
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.
01007.0006 2166176.3
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.
01007.0006 2166176.3
EXHIBIT
E
INVOICE FORM
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, July 21, 2026, 5:00 PM
CONSENT 23. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Operations Subject: CONSIDERATION OF REJECTION OF BIDS FOR INVITATION FOR BID (IFB) NO. 26-11,PROJECT NO. PW1833 - CITYWIDE STREET NAME SIGN REPLACEMENT (CITY COUNCIL) I. SUMMARY
Through the Public Works Department, the City maintains approximately 3,500 street name signs throughout Carson. As part of the City's updated design standards, branding, and official City seal, the City Council previously approved the creation of Capital Improvement Project (CIP) No. PW1833 - Citywide Street Name Sign Replacement and added the project to the Fiscal Year 2025-2026 Capital Improvement Program. The Council also approved an initial General Fund appropriation of $221,000 to begin implementation of the project. On April 9, 2026, staff issued Invitation for Bid (IFB) No. 26-11 to solicit qualified contractors to manufacture and install the new street name signs. Bid proposals were publicly opened and recorded on May 28, 2026. The City received two responsive bids ranging from $2,093,118 to $2,918,250. Before and following receipt of the bids, staff evaluated potential funding options during development of the Fiscal Year 2026-2027 Capital Improvement Program. While additional funding for a comprehensive citywide replacement program was discussed and considered, competing infrastructure priorities and limited available funding prevented the allocation of additional project funding in the adopted Fiscal Year 2026-2027 Capital Improvement Program. Because the bids received significantly exceed the project's currently approved budget, staff recommends that the City Council reject all bids.
II. RECOMMENDATION
REJECT all bids received in response to Invitation for Bid (IFB) No. 26-11, Citywide Street Name Sign Replacement (Project No. PW1833).
III. ALTERNATIVES
1. DO NOT REJECT the bids received in response to Invitation for Bid (IFB) No. 26-11, Citywide Street Name Sign Replacement (Project No. PW1833).
2. TAKE another action the City Council deems appropriate and consistent with applicable law.
IV. BACKGROUND
The City owns and maintains approximately 3,500 street name signs throughout Carson. These signs are maintained by the Public Works Department’s Operations and Maintenance Division. As part of the City’s updated visual identity and preparations for the 2028 Olympic and Paralympic Games, staff was previously directed to develop a citywide program to replace the existing signs with new signs that incorporate the City’s current design standards, branding, and official seal. On February 17, 2026, the City Council approved the creation of Capital Improvement Project No. PW1833, Citywide Street Name Sign Replacement, as part of the Fiscal Year 2025-2026 Capital Improvement Program. A capital improvement project is a planned investment in City facilities or infrastructure. The Council also approved an initial General Fund allocation of $221,000 to begin the project, establish a funding base, and allow staff to evaluate the cost of replacing and installing the signs citywide.
On April 9, 2026, the Public Works Department issued Invitation for Bid No. 26-11 to identify a qualified contractor to manufacture and install the new street name signs. An invitation for bid is a formal and competitive process in which contractors submit sealed prices for completing specified work. The City received two bids by the May 28, 2026 deadline. The bids ranged from $2,093,118 to $2,918,250, which is substantially higher than the project’s current approved budget of $221,000. Because the available project funding is not sufficient to award a contract, staff recommends that the City Council reject both bids. Section 2612(d)(2)(i) of the Carson Municipal Code and Section 22038 of the California Public Contract Code allow the City Council to reject any or all bids received through a formal bidding process. Rejecting the bids would not award the work to either contractor and would allow the City to reconsider the project’s scope, timing, funding, and future delivery options.
Before and after receiving bids, staff evaluated several funding options during the Fiscal Year 2026-2027 budget process to determine whether the project could move forward. These options included increasing the project budget to approximately $2 million to support broader citywide implementation. An additional allocation of approximately $1 million was also discussed during the Capital Improvement Program (CIP) budget workshops.
However, due to limited available funding, several unanticipated capital needs, and other higher-priority infrastructure projects requiring immediate investment, additional funding for the street name sign replacement project was ultimately not included in the adopted Fiscal Year 2026-2027 Capital Improvement Program. Instead, the City Council directed $30 million in new General Fund funding toward five Council-prioritized capital improvement projects that address critical infrastructure and community needs. These projects include: (1) $8 million for the Citywide Street Maintenance Program, with approximately $2 million allocated to each Council District; (2) $2 million for the rehabilitation of University Drive between Avalon Boulevard and Wilmington Avenue; (3) $4 million for the Mills Park Renovation Project; (4) $2 million for roof improvements at the Public Works and Community Services Corporate Yard; and (5) $14 million for the Lenardo Drive Enhancement Project. As a result of these funding priorities, the Citywide Street Name Sign Replacement Project was placed on hold. Staff believes this was the most fiscally responsible approach, allowing the City to first address higher-priority infrastructure improvements while preserving the opportunity to pursue the street sign replacement project through future Capital Improvement Program funding, annual budget discussions, grant opportunities, or other available funding sources.
Although staff recommends rejecting the current bids, the Citywide Street Name Sign Replacement Project remains an important beautification and wayfinding initiative. Updated signs would provide a more consistent appearance throughout the City, improve the visibility of Carson’s identity, and support preparations for major upcoming events.
During Fiscal Year 2026-2027, Public Works staff will continue to evaluate opportunities to move the project forward through future capital improvement funding, the annual operating budget process, available grants, revised project phasing, and other funding sources as they become available.
V. FISCAL IMPACT
At its February 17, 2026, meeting, the City Council approved the establishment of Capital Improvement Project (CIP) No. PW1833 - Citywide Street Name Sign Replacement and appropriated $221,000 in the Fiscal Year 2025- 2026 CIP budget to initiate the project. Although no additional funding is currently available to advance a comprehensive citywide replacement program, staff will continue to evaluate future funding opportunities through the City's annual budget development process, future Capital Improvement Program updates, grant funding opportunities, and other available funding sources. If the City Council approves the recommended action to reject all bids, there will be no fiscal impact to the adopted Fiscal Year 2026-2027 Capital Improvement Program Budget.
VI. EXHIBITS
1. IFB 26-11 Bid Register
2. New Street Name Sign Rendering Example
Attachments
Exhibit 1. IFB No. 26-11 Bid Register
Proposed Street Name Sign Rendering
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, July 21, 2026, 5:00 PM
DISCUSSION 24. To: Honorable Mayor and City Council From: Dr. Khaleah K. Bradshaw, City Clerk CCO Administration Subject: CONSIDERATION OF ONLY LOCAL UNCONTESTED APPOINTMENTS TO THE CITY’SCOMMISSIONS, COMMITTEES, AND BOARDS, AND CITY AFFILIATED ORGANIZATIONS BY MAYOR ANDCITY COUNCIL AND CONSIDER ALL (CONTESTED AND UNCONTESTED) APPOINTMENTS TO ALLCOMMISSIONS (CITY COUNCIL) I. SUMMARY
This item is on the agenda to consider only uncontested appointments of City Commission, Committee, andBoard members in accordance with the City Charter, Article VI, by Mayor and City Council.
Also, consider all (contested and uncontested) appointments to all commissions and also considerappointments to City Affiliated Organizations.
Pursuant to Section 602 of the City Charter provides, in part, the mayor and each member of the city councilmay appoint one member to a position on each City board or City commission, and the remainingmembership positions shall be appointed by the mayor and approved by a majority of the city council,including the three alternates.
II. RECOMMENDATION
TAKE the following actions:
1. CONSIDER and only APPOINT uncontested members to the City Commissions, Committees, and Boards;
2. CONSIDER and APPOINT all (contested and uncontested) members to all commissions except Planning Commission and Environmental Commission;
3. CONSIDER and APPOINT members to City Affiliated Organizations;
4. DIRECT the City Clerk to notify all affected appointments of this action in writing;
5. IF APPLICABLE, DIRECT the City Clerk to post and publish in accordance with the Maddy Act III. ALTERNATIVES
N/A
IV. BACKGROUND
701 East Carson Street
Every two years after the municipal election, most Commission and Board appointments expire. As unscheduled vacancies occur and/or members are frequently absent, it is best practice to consider new appointments.
Invitations to submit an appointment application for all interested person(s) were posted in accordance with the Maddy Act. Applications for individuals requesting appointments were previously provided under separate cover to the Mayor and City Council.
V. FISCAL IMPACT
Funds for member stipends are already budgeted for Fiscal Year 2026-2027.
VI. EXHIBITS
1. Updated Local Appointments List for Commissions, Committees, and Boards Attachments
Updated Local Appointments List for Commissions Committees and Boards.pdf
LOCAL APPOINTMENTS LIST FOR COMMISSIONS, COMMITTEES, AND BOARDS
(Pursuant to Government Code Section 54970 et seq.)
NOTICE IS HEREBY GIVEN that the current terms for the following Commissioners, Committee, and Board Members will expire as indicated for the respective bodies listed. Any interested resident of the City of Carson, California, is eligible to serve on any of the commissions, committees, or boards below, unless otherwise specified. Applications are available at the City Clerk's Office by request at (310) 952-1720.
* The following appointed positions may receive compensation ** Mayor's uncontested appointment
Vacant
I. COMMISSIONS
Article VI, §602 of the City Charter: To be qualified for appointment, the member shall be a qualified elector of the City, shall be domiciled in the City for at least sixty (60) days immediately preceding their appointment, and shall continue to reside in the City for the duration of his or her tenure, unless otherwise provided by ordinance.
The mayor and each member of the city council may appoint one member to a position on each City board, committee or commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.
[1] Economic Development Commission
Established by: Ordinance No. 00-1191. §1 (CMC §27104.1); Ordinance No. 21- 2108
Membership: 9 members; 3 alternates
Qualification: Shall be and remain a resident of, or have a place of employment or business in the City of Carson, and be at least 18 years of age. Shall include representatives of all major sectors of the Carson business community as determined in the sole discretion of the City Council.
Meetings: 1st Thursday, 8:00 a.m. (Executive Conference Room) Staff Liaison: Chris Palmer, Economic Development Manager x1365 and LaToya Butler, Innovation & Business Liason x1320
Support Staff: Sandy Solis, Division Secretary x1325
Commissioner Appointed Term Expires
Aldridge Jr., Ray (LDH)** 12-06-22 11-30-26
Childers, Christopher (CH) 12-06-22 11-30-26
Embry, Darren (LDH) 04-04-23 11-30-26
Kelley, Blake (LDH) 04-04-23 11-30-26
Jimenez, Trini (AR) 12-06-22 11-30-26
Luevano, Jose (JH) 06-17-25 11-30-26
Sparrow, Clyde (LDH) 04-04-23 11-30-26
Wallace, Deborah (LDH) 04-04-23 11-30-26
Baddeley, Kevin (JD) 06-17-25 11-30-26
Cordova, Ted (LDH) Alt. 1 04-04-23 11-30-26
Ibarra, Victor (LDH) Alt. 2 02-06-24 11-30-26
Ross, Kevin (LDH) Alt. 3 06-03-26 11-30-26
[2] Environmental Commission*
Established by: Ordinance No. 70-128; §1 (CMC §2750); Ordinance No. 21-2103 Membership: 9 members; 3 alternates
Qualification: Shall be and remain a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment Meetings: 1st Wednesday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Reata Kulcsar, Innovation & Sustainability Officer x1312 Support Staff: Jessica Coria, Division Secretary x1823; Evelyne Carmona, Senior Administrative Analyst x1636; Kristin Smith, Council Aide x1743 Commissioner
Appointed Term Expires
Morgan, Daniel (JH) 06-16-26 11-30-26
Swayzer, Ezekiel (LDH) 12-03-24 11-30-26
Hopson, Lillian (LDH)** 12-03-24 11-30-26
Ford, Brittney (LDH) 05-21-25 11-30-26
Koons, William (JD) 12-03-24 11-30-26
Peralta, Maribel (AR) 01-07-25 11-30-26
Hunt, Joseph (LDH) 05-21-25 11-30-26
Taylor, Hourie (CH) 12-06-22 11-30-26
Watkins, Freeman (LDH) 12-03-24 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[3] Human Relations Commission*
Established by: Ordinance No. 74-294; Ordinance No. 87-812, §1; Ordinance No. 89-883,§1
Membership: 11 members (7 general, 2 youth, 2 w/ a focus on disability-related matters); 3 alternates
Qualification:Shall be a resident of the City of Carson. Youth members shall be 16- 21 years of age, enrolled in school at time of appointment, maintain a 2.0 GPA, shall have interest in human relations.
Meetings: 3rd Wednesday, 6:30 p.m. (City Manager Conference Room) Staff Liaison: Cac Le, Council Aide x1722
Support Staff:
Commissioner Appointed Term Expires
Junio, Teresita (LDH) 12-03-24 11-30-26
Calhoun, Jill (AR) 12-06-22 11-30-26
Davenport, Kimberley (JH) 04-04-23 11-30-26
Fuentes, Sonia (JD) 12-02-25 11-30-26
Ramos, Jessica (LDH) 12-03-24 11-30-26
Reed, Cassandra (CH) 12-06-22 11-30-26
Russ, Harriett (LDH)** 12-03-24 11-30-26
Ifeacho, Dr. Chinyere (LDH) Alt. 1 12-03-24 11-30-26
Viernes, Irene (LDH) Alt. 2 12-03-24 11-30-26
Ahaiwe-Simpson, Stacy (LDH) Alt. 3 02-17-26 11-30-26
Thompson, Audra (LDH) Disability Advocate 10-21-25 11-30-26 Padua, Luz (LDH) Disability Advocate 10-21-25 11-30-26
Paxton, Cameron (LDH) Youth 02-18-25 11-30-26
Ornelas, Isabella (LDH) *Pending Oath Youth 06-03-26 11-30-26 [4] Parks, Recreation, and Cultural Arts Commission*
Established by: Ordinance No. 69-65 (CMC §2735); Ordinance No. 21-2106 Membership: 9 members; 3 alternates
Qualification: Resident of City of Carson
Meetings: Last Thursday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Michael Whittiker, Jr. Director of Community Services x3571 Support Staff: Kimberyly Madrigal, Administrative Secretary x3581 Commissioner Appointed Term Expires
Cainglet, Jesus-Alex (CH) 12-06-22 11-30-26
Cortado, Kimberly (JH) 06-20-23 11-30-26
Dahilig Jr., Cesar (LDH) 12-03-24 11-30-26
Lawrence, Shannon (LDH) 12-03-24 11-30-26
Gonzalez, Walter (LDH) 12-03-24 11-30-26
Hilliard, Kisa (JD) 12-03-24 11-30-26
Hunter, Edwina (AR) 12-06-22 11-30-26
Langston, DeAnthony (LDH) 12-03-24 11-30-26
Johnson, Jo Jacqueline (LDH)** 04-01-25 11-30-26
Brown Sr., Kelvin (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Brillantes, Rudolfo (LDH) Alt. 3 12-03-24 11-30-26
[5] Planning Commission*
Established by: Ordinance No. 13 (CMC §2700); § 606 of the City Charter Membership: 9 members; 3 alternates
Qualification: Resident of City of Carson
Meetings: 2nd and 4th Tuesday, 6:30 p.m. (City Council Chambers) Staff Liaison: Christopher Palmer, Economic Development Manager x1365 Support Staff: McKina Alexander, Planning Manager x1326; Laura Gonzalez, Planning Secretary x 1328
Commissioner Appointed Term Expires
Diaz, Louie (JD) 12-03-24 11-30-26
Docdocil, Frederick (LDH)** 12-03-24 11-30-26
Guerra, Carlos (LDH) 12-03-24 11-30-26
Balgimino, Jay (AR) *Pending Oath 02-03-26 11-30-26
Huff, Del (LDH) 12-03-24 11-30-26
Wilson, Leticia (LDH) 12-03-24 11-30-26
Mfume, DeQuita (LDH) 12-03-24 11-30-26
Johnson, Clarence (JH) 03-19-24 11-30-26
Thomas, Dianne (CH) 12-06-22 11-30-26
Montecarlo, Jaime (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[6] Public Relations Commission*
Established by: Ordinance No. 01-1239, §2 (CMC §27105.1) Membership: 9 members; 3 alternates
Qualification: Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment.
Meetings: 4th Tuesday, 12:00 p.m. (City Manager Conference Room) Staff Liaison: Danielle Halsey, Public Information Analyst x1606 Support Staff: Christine Foisia, Senior Clerk x1740
Commissioner Appointed Term Expires
Eatman, Sonya (LDH) Community Rep. 12-03-24 11-30-26
Waddis, Dorcas (LDH)* Community Rep. 06-17-25 11-30-26
Stewart, Linda (LDH) Community Rep. 12-03-24 11-30-26
Sandoz, Jeretta (AR) Community Rep. 12-03-24 11-30-26
Ross, Dorothy (JD)
Public Relations
Specialist 12-03-24 11-30-26
Vacant (LDH)
Public Relations
Specialist 11-30-26
Pitcher, Pamela (LDH)
Public Relations
Specialist 12-03-24 11-30-26
Smith, Byron (CH)
Public Relations
Specialist 03-06-24 11-30-26
Price, Dr. Denice (JH)
Public Relations
Specialist 04-04-23 11-30-26
Washington, Deborah (LDH) Alt. 1 06-17-25 11-30-26
Smith, Shirley (LDH) Alt. 2 03-03-26 11-30-26
Page, Brent (LDH) Alt. 3 02-18-25 11-30-26
[7] Public Safety Commission*
Established by: Ordinance No. 99-1160 §1; Ordinance No. 01-1239 §1 (CMC §27103.6); Ordinance No. 21-2104
Membership: 9 members; 3 alternates
Qualification: Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment.
Meetings: 3rd Thursday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Priscilla Palma, Division Secretary x1787 Support Staff:
Commissioner Appointed Term Expires
Allen, Jeffrey (LDH) 12-03-24 11-30-26
Arnold, Keith (LDH) 12-03-24 11-30-26
Flinton, Lawrence (AR) 08-06-24 11-30-26
Dacus, Samuel (LDH) 12-03-24 11-30-26
Dorsey, Donnie (CH) 12-06-22 11-30-26
Lewis, Prentiss (JH) 04-04-23 11-30-26
Rivers, Angela (LDH) 12-03-24 11-30-26
Romero, Heidi (LDH)** 12-03-24 11-30-26
Cogut, Louis (JD) 12-03-24 11-30-26
Wilson, Michael (LDH) Alt. 1 12-03-24 11-30-26
Brown, Randy (LDH) Alt. 2 12-03-24 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[8] Public Works Commission*
Established by: Ordinance No. 99-1181 §2 (CMC §2798.6)
Membership: 9 members; 3 alternates
Qualification: Have interest, experience or ability in construction, transportation, traffic, or circulation areas to ensure that traffic, vehicle parking, bikeways, and transportation systems and other City facilities are regulated and constructed in a manner calculated to best provide for the safety and welfare of the public.
Shall be and remain a resident of, or have a place of employment or business in, the City of Carson, and be at least eighteen (18) years of age at the time of the member’s appointment.
Meetings: 2nd Monday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Gilbert Marquez, Principle City/Civil Engineer x1813 Support Staff: Taelour James, Division Secretary x1801
Commissioner Appointed Term Expires
Fields, Brandon (AR) 02-03-26 11-30-26
Calhoun, James (JD) 01-20-26 11-30-26
Fe'esago, Uli (LDH) 01-20-26 11-30-26
McNichols, Ryan (LDH) 12-03-24 11-30-26
Howard, Kobii (LDH) 01-20-26 11-30-26
Hollaway, John (LDH) 04-07-26 11-30-26
Nelms, Cedric (CH) *Pending Oath 06-03-26 11-30-26
Martin, Jr., Marion (LDH) 12-03-24 11-30-26
Thames, Ta-Taneisha (JH) 07-07-26 11-30-26
Obiora, Emmanuel (LDH) Alt. 1 12-03-24 11-30-26
Mmeje, Uzoma (LDH) *Pending Oath Alt. 2 07-07-26 11-30-26 Wilson, Daniel (LDH) Alt. 3 01-20-26 11-30-26
[9] Senior Citizens Advisory Commission*
Established by: Ordinance No. 97-1119, §1 (CMC §2799.6) Membership: 11 members; 3 alternates
Qualification: Resident of the City of Carson and be at least 50 years of age at the time of appointment.
Meetings: 2nd Monday, 4:00 p.m. (Community Center, Carson/Donminguez room) Staff Liaison: Mike Whittiker, Jr., Director of Community Services x1780; Dani Cook, Human Services Supervisor x1480
Support Staff: Brenda Reed, Senior Clerk x1775
Commissioner Appointed Term Expires
Graves, Shirley (LDH)** 12-03-24 11-30-26
Lopez, Delia (LDH) 12-03-24 11-30-26
Leverette, Ernestine (AR) 05-06-25 11-30-26
Dunn, Linda (LDH) 12-03-24 11-30-26
Bates, Billye (LDH) 12-03-24 11-30-26
Patterson, Patricia (LDH) 12-03-24 11-30-26
Ronquillo, Myrna (JD) 12-03-24 11-30-26
Ruiz-Raber, Julie (CH) 12-06-22 11-30-26
Seymore, Dr. Vergie (JH) 04-04-23 11-30-26
Simpson-Lott, Darlene (LDH) 12-03-24 11-30-26
Walker, Itelia (LDH) 12-03-24 11-30-26
Brown, LaRhonda (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Davis, Pauline (LDH) Alt. 3 12-03-24 11-30-26
[10] Veterans Affairs Commission*
Established by: Ordinance No. 99-1154, §1 (CMC §27102.6) Membership: 11 members; 3 alternates
Qualification: Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment.
Meetings: 3rd Monday, 6:00 p.m. (Veterans Sports Complex - Activity Room) Staff Liaison: Kisheen Tulloss, Council Aide x1711
Support Staff: Mikala Multiauaopele, Division Secretary x3557 Commissioner Appointed Term Expires
Batucal, Arthur (JH) 04-04-23 11-30-26
Boyd, Robert (JD) 12-03-24 11-30-26
Branch, Jr., Roger (LDH) 12-03-24 11-30-26
Da Silva, Manuel (LDH) 12-03-24 11-30-26
Raber, Brian (CH) 12-06-22 11-30-26
Salomon, Emmanuel (LDH) 12-03-24 11-30-26
Mosequera, Nemie P. (LDH)** 12-03-24 11-30-26
Woods, Richard (LDH) 12-03-24 11-30-26
Woods, Thomas (LDH) 12-03-24 11-30-26
Seay, Al (LDH) 12-03-24 11-30-26
Wilvert, Karl (AR) 12-06-22 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[11] Women's Issues Commission*
Established by: Ordinance No. 02-1246, §1 (CMC §27106.6) Membership: 9 members; 3 alternates
Qualification: Shall be a resident of the City of Carson or work in the City of Carson during their tenure on the Commission and shall be at least eighteen (18) years of age at the time of the member's appointment
Meetings: 4th Monday, 6:00 p.m. (City Manager Conference Room) Staff Liaison: Keichun Graves, Council Aide x1799
Support Staff:
Commissioner Appointed Term Expires
De La Cruz Manio, Connie (LDH) 02-03-26 11-30-26
Fielder, Yolanda (LDH) 12-03-24 11-30-26
Fields-Robinson, Dr. Leandrea (LDH)** 12-03-24 11-30-26 Foster, Carolyn (LDH) 12-03-24 11-30-26
Finley, Stephanie (JD) 10-21-25 11-30-26
Odom Houze, Susan (JH) 04-04-23 11-30-26
Price, Dr. Greta (AR) 12-06-22 11-30-26
Williams, Maria (CH) 12-03-24 11-30-26
Tresvant, Sheila (LDH) 12-03-24 11-30-26
Jones-Phillips, Jennifer (LDH) Alt. 1 06-03-26 11-30-26 Mackson, Monique (LDH) Alt. 2 12-03-24 11-30-26
Giles Washington, Christyna (LDH) Alt. 3 04-07-26 11-30-26 [12] Youth Commission*
Established by: Ordinance No. 98-1132, §1 (CMC §27100.6) Membership: 11 members; 3 alternates
Qualification: Resident of the City of Carson and be at least 13, but not more than 18 years of age at the time of appointment.
Meetings: 2nd Wednesday, 7:00 p.m. (Executive Conference Room) Staff Liaison: Brian Legaspi, Council Aide x 1721
Support Staff:
Commissioner Appointed Term Expires
Mitchell, Hannah (LDH) 06-06-24 11-30-26
Moore, Joshua (JH) 06-06-24 11-30-26
Redway, Khristopher (LDH) 06-06-24 11-30-26
Estrada, Juan (LDH) 06-06-24 11-30-26
Villasana, Andrea (JD) 12-03-24 11-30-26
Mitchell, Jazcidi (LDH) 12-03-24 11-30-26
Zulueta, Nathaniel (LDH)** 02-17-26 11-30-26
Smith, Zoey (CH) 06-06-24 11-30-26
Zulueta, Nathaniel (LDH) 06-03-26 11-30-26
Homna, Kayla (AR) 01-07-25 11-30-26
Macias, Lea (LDH) 01-07-25 11-30-26
Ortiz, Miranda (LDH) Alt. 1 01-06-26 11-30-26
Cones-Canx, Sydney (LDH) Alt. 2 01-06-26 11-30-26
Cruz, Jayden (LDH) *Pending Oath Alt. 3 01-06-26 11-30-26 II. BOARDS & COMMITTEES
Article VI, §602 of the City Charter: To be qualified for appointment, the member shall be a qualified elector of the City, shall be domiciled in the City for at least sixty (60) days immediately preceding their appointment, and shall continue to reside in the City for the duration of his or her tenure, unless otherwise provided by ordinance.
The mayor and each member of the city council may appoint one member to a position on each City board, committee or commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.
[13] Measure C and Measure K Budget Oversight Committee Established by: Ordinance No. 09-1423 (CMC §61119); Amended by Resolution No. 19-027; Amended by Resolution No. 221-030
Membership: 5 members; 2 alternates
Qualification: Resident of the City of Carson
Meetings: 2nd Tuesday, 6:30 p.m. (Community Center)
Staff Liaison: William Jefferson, Director of Finance x1756 Support Staff: Vicki Hernandez, Senior Clerk x1744
Appointed Term Expires
Dorsey-Reeves, Vera (CH) 04-04-23 11-30-26
Cottrell-Fulbright, Lisa (AR) 05-06-25 11-30-26
Hunter, Cynthia (LDH) 04-04-23 11-30-26
Momoli, Nora (JD) 12-03-24 11-30-26
Hemphill, Dr. Afia (JH) 12-03-24 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
[14] Mobilehome Park Rental Review Board
Established by: Ordinance No. 79-485U, §4702; §607 of the City Charter Membership: 7 members (2 resident homeowners, 2 park owners, 3 at-large who are residents of the City and not homeowners, park owners, landlords, property managers or tenant in multifamily housing); 8 alternates (2 resident homeowners, 2 park owners, 4 at-large)
Qualification: See membership.
Meetings: 2nd and 4th Wednesday, 6:30 p.m. (City Council Chambers) Staff Liaison: Tara Matthew, Interim Housing Program Manager x1708 Support Staff: Sandy Solis, Division Secretary x1325
Appointed Term Expires
Richardson, Sheila (JH) At-large 06-16-26 11-30-26
Valdez, Daniel (JD) At-large 12-03-24 11-30-26
Hernandez, Susan (AR) At-large 04-21-26 11-30-26
Clark Harris, Dr. Alice (LDH) At-large Alt. 1 04-04-23 11-30-26 Muhammad, Nafis (LDH) At-large Alt. 2 04-04-23 11-30-26 Perez, Karey (LDH) At-large Alt. 3 04-04-23 11-30-26
Hayes, Phyllis (LDH) At-large Alt. 4 04-04-23 11-30-26
Horton, Maria (LDH) Park Owner 12-02-25 11-30-26
Forbath, Susy (LDH) Park Owner 04-04-23 11-30-26
Dzikowski, Barbara (LDH) Park Owner Alt. 1 12-02-25 11-30-26 Kleege, Robert Bruce (LDH) Park Owner Alt. 2 03-04-25 11-30-26 Nelson, Drake (LDH)** *Pending Oath Resident Homeowner 07-07-26 11-30-26 King, Tom (CH) Resident Homeowner 01-17-23 11-30-26
Davis, William (LDH) Resident Homeowner
Alt. 1 04-04-23 11-30-26
Vacant (LDH) Resident Homeowner
Alt. 2 11-30-26
[15] Relocation Appeals Board
Established by: Ordinance No. 74-313 (CMC §21004)
Membership: 9 members; 3 alternates
Qualification: Resident of the City of Carson
Meetings: Only when necessary
Staff Liaison: Sandy Solis, Economic Development Liaison x1325 Support Staff:
Appointed Term Expires
Batucal, Dennis (LDH) 04-04-23 11-30-26
Evans, Linda (LDH) 04-04-23 11-30-26
Tate, Dorothy (LDH)** 01-23-24 11-30-26
Guray, Jr., Tancredo "Jun" (JD) 12-03-24 11-30-26
Witherspoon, Murphy (LDH) 01-07-25 11-30-26
Anson, Jr., Oscar (LDH) 01-23-24 11-30-26
Vacant (CH) 11-30-26
Morrison, Christopher (JH) 09-16-25 11-30-26
Vacant (AR) 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
III. SPECIAL COMMITTEE
[16] General Plan Advisory Committee
Established by: Minute Action 10-03-17; Amended by Resolution No. 19-029; Amended by Resolution No. 21-031
Membership: 7 members; 2 alternates
Meetings: Only when necessary
Staff Liaison: McKina Alexander, Planning Manager x1326 Support Staff: Planning Technician x1327
Appointed Term Expires
Mayor Lula Davis-Holmes (LDH) 04-04-23 11-30-26
Councilmember Jim Dear (JD) 12-03-24 11-30-26
Brimmer, Charlotte (LDH)** 04-04-23 11-30-26
Dudley-Kimble, Monica (CH) 04-04-23 11-30-26
Gonzalez, Leonor (AR) 04-04-23 11-30-26
Hamilton, Dr. John (JH) 04-04-23 11-30-26
Sheriff Department Representative (LDH) 04-04-23 11-30-26 Cottrell-Fulbright, Lisa (LDH) Alt. 1 04-04-23 11-30-26 Lott, Aminika (LDH) Alt. 2 04-04-23 11-30-26
IV. SPECIAL BOARD
[17] Carson Reclamation Joint Powers Authority (CRJPA)
Established by: Resolution No. 15-01-CRJPA; Resolution No. 21-02-CRJPA Membership: 5 members
Meetings: 1st Monday, 4:00 p.m. (Helen Kawagoe Council Chambers) Staff Liaison: John Raymond, Executive Director x1773
Support Staff: Sylvia Rubio, Executive Assistant x1318
Appointed Term Expires
Authority Chair Lula Davis-Holmes 01-20-26 01-20-31
Vice Chair Cedric Hicks 01-20-26 01-20-31
Board Member Ray Aldridge, Jr. 01-20-26 01-20-31
Board Member Lillian Hopson 01-20-26 01-20-31
Board Member Dianne Thomas 01-20-26 01-20-31
V. COUNCIL SUB-COMMITTEES
[18] Bingo/Fireworks
Established by: Minute Order 04-02-19
Appointed
Mayor Davis-Holmes 12-03-24
Councilmember Rojas 12-03-24
[19] Community Development/Housing/Logistics & Transit Standing Committee
Established by: Minute Order 04-02-19
Appointed
Mayor Davis-Holmes 12-03-24
Mayor Pro Tempore Hicks, Sr. 12-03-24
[20] Dignity Health Sports Park/CSUDH/Community Center Standing Committee
Established by: Minute Order 04-02-19
Appointed
Mayor Pro Tempore Hicks, Sr. 06-01-21
Councilmember Dr. Hilton 06-01-21
[21] Legislative Ad Hoc Committee
Established by: Minute Order 02-16-21
Appointed
Mayor Pro Tempore Hicks, Sr. 12-03-24
Councilmember Dr. Hilton 12-03-24
[22] City Hall/Community Center Renovation Ad Hoc Committee Established by: Minute Order 01-16-21
Appointed
Mayor Davis-Holmes 01-26-21
Councilmember Dr. Hilton 01-26-21
[23] Economic Development/E-Commerce Ad-Hoc Committee
Established by: Minute Order 03-02-21
Appointed
Mayor Davis-Holmes 03-02-21
Mayor Pro Tempore Hicks, Sr. 03-02-21
[24] Conditional Use Permit Ad Hoc Committee
Established by: Minute Order 04-05-22
Appointed
Mayor Davis-Holmes 04-05-22
Councilmember Dr. Hilton 04-05-22
[25] Housing Ad Hoc Committee
Established by: Minute Order 03-16-21
Appointed
Councilmember Dr. Hilton 12-03-24
Mayor Pro Tempore Hicks, Sr. 12-03-24
[26] Diversity, Equity and Inclusion Ad Hoc Committee
Established by: Minute Order 09-07-21
Appointed
Councilmember Dr. Hilton 09-07-21
Councilmember Rojas 03-01-22
[27] Standard Management Procedures and Special Ecents Ad Hoc Committee
Established by: Minute Order 01-04-22
Appointed
Mayor Davis-Holmes 01-04-22
Councilmember Dr. Hilton 01-04-22
[28] Cell 2 Settlement Ad Hoc Committee
Established by: Minute Order 02-07-22 (Carson Reclamation Authority) Appointed
Authority Chair Lula Davis-Holmes 02-07-22
Board Member Dianne Thomas 02-07-22
[29] School Safety Ad Hoc Committee
Established by: Minute Order 02-15-22
Appointed
Councilmember Dr. Hilton 12-03-24
Councilmember Rojas 12-03-24
Captain Jones Norman 12-03-24
[30] Carson Finance and Audit Committee
Established by: Minute Order 06-20-23
Appointed
Mayor Davis-Holmes 06-20-23
Councilmember Rojas 06-20-23
Mayor Pro Tempore Hicks, Sr. 02-18-24
[31] Short-Term Rentals Ad Hoc Committee
Established by: Minute Order 03-02-21
Established by: Minute Order 10-03-23
Appointed
Mayor Davis-Holmes 10-03-23
Councilmember Dr. Hilton 10-03-23
[32] Special Event Ad Hoc Committee
Established by: Minute Order 06-06-24
Appointed
Mayor Davis-Holmes 06-06-24
Councilmember Dr. Hilton 06-06-24
[33] LA '28 Olympics Ad Hoc Committee
Established by: Minute Order 07-16-24
Appointed
Mayor Davis-Holmes 07-16-24
Councilmember Dr. Hilton 07-16-24 [34] Refinery Ad Hoc Committee
Established by: Minute Order 12-03-24
Appointed
Mayor Davis-Holmes 12-03-24
Mayor Pro Tempore Hicks, Sr. 12-03-24
[35] Grocery Store Ad Hoc Committee
Established by: Minute Order 06-18-24
Appointed
Councilmember Dr. Hilton 06-18-24
Mayor Pro Tempore Hicks, Sr. 06-18-24
[36] Gil Smith Mermorial Ad Hoc Committee
Established by: Minute Order 01-07-25
Appointed
Mayor Pro Tempore Hicks, Sr. 02-03-26
Councilmember Dr. Hilton 01-07-25
[37] Energy Ad Hoc Committee
Established by: Minute Order 09-16-25
Appointed
Mayor Pro Tempore Hicks, Sr. 09-16-25
Councilmember Dr. Hilton 09-16-25
[38] Transportation and Dial-A-Ride Services Ad Hoc Committee Established by: Minute Order 11-05-25
Appointed
Mayor Pro Tempore Hicks, Sr. 11-05-25
Councilmember Dr. Hilton 11-05-25
[39] Drive Construction Project Ad Hoc Committee
Established by: Minute Order 03-03-25
Appointed
Mayor Lula Davis-Holmes 03-03-26
Board Member Dianne Thomas 03-03-26
VI. CITY AFFILIATED ORGANIZATIONS
[40] California Contract Cities Association
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 12-03-24
Mayor Davis-Holmes Alternate 12-03-24
[41] Clean Power Alliance
Ord. No. 17-1633; LACCE Joint Powers (Authority)
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 11-15-22
Councilmember Rojas Alt. 1 12-03-24
Staff Member Reata Kulcsar Alt. 2 11-15-22
[42] County of Los Angeles Public Library Commission
Appointed
Mayor Davis-Holmes Delegate 12-03-24
[43] County SanitationDistricts of Los Angeles (Dist. No. 8)* Automatic designation of Mayor as Delegate per Health and Safety Code Section 4730. City Council as governing body, must select an alternate to act in place of presiding officer (Mayor) in absence, inability, or refusal to act.
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Dr. Hilton Alternate 12-03-24
[44] Greater Los Angeles County Vector Control District (Formerly SE Mosquito Abatement)*
The District’s governing power is vested in its 35 members of the Board of Trustees. One trustee is appointed by each of the 34 cities and the County Board of Supervisors appoints one to represent unincorporated areas of Los Angeles County. To be appointed, the member must reside in and be a resident voter of the representative city (or county for county member) in the District.
Board member duties and responsibilities include setting policy, establishing the budget, approving expenditures, and retaining legal counsel. The vector Trustee appointment and term are governed by the State Health and Safety Code and begin and end on the first Monday in January. Additionally, the State Health and Safety code does not allow for alternate members to be appointed.
Appointed Term Expires
Councilmember Dear Delegate 01-26-21 01-05-26
(effective 01-03-22)
[45] L.A. County City Selection Committee
Per Government Code Section 50270, the membership of each such City Selection Committee shall consist of the Mayor of each city within the county. Members of the LA County City Selection Committee include the Mayor of each city within Los Angeles County. Each city appoints an elected official as a delegate to the City Selection Committee; it usually is the Mayor. The term of office for each Member of the LA County City Selection Committee coincides with City Mayor terms, and the Committee meets three or four times a year, at the call of the Chairman.
Their duties are to appoint City representatives to such Boards, Commissions and Agencies as may be required by law, i.e., LAFCO, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission. Nominations for the City Selection Committee appointees to the MTA are made by the Sector Subcommittees for the Sectors whose representatives’ terms are expiring. The cities assigned to one of the four regions in Los Angeles County. Nominations for the City Selection Committee appointees to the MTA are made by the Sector Subcommittees for the Sectors whose representatives’ terms are expiring. The cities assigned to one of the four regions in Los Angeles County (North County/San Fernando Valley, San Gabriel Valley, Southeast Long Beach and Southwest Corridor) shall meet as a Sector Subcommittee. Each candidate with a majority weighted vote will then be nominated from that Sector for consideration for appointment to the MTA.
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Dr. Hilton Alternate 01-23-24
[46] League of California Cities
Appointed
Councilmember Rojas Delegate 03-01-22
Councilmember Dr. Hilton Alt. 1 01-26-21
Mayor Davis-Holmes Alt. 2 12-03-24
[47] League of California Cities (Los Angeles Co. Division) Appointed
Councilmember Dr. Hilton Delegate 12-03-24
Councilmember Rojas Alt. 1 01-26-21
Mayor Davis-Holmes Alt. 2 12-03-24
[48] National League of Cities
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 01-26-21
Councilmember Rojas Alt. 1 12-03-24
Councilmember Dr. Hilton Alt. 2 12-03-24
[49] South Bay Cities Council of Govts (Joint Powers Authority) Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 01-26-21
Mayor Davis-Holmes Alternate 12-03-24
[50] South Bay Workforce Investment Board
Appointed Term Expires
Ted Cordova Member 06-18-24 06-30-28
Jeffrey Jennison Member 06-18-24 06-30-28
Janice Jimenez Member 07-01-21 06-30-25
Tamala Lewis Member 07-01-19 06-30-23
Tami Lorenzen-Fanselow Member 07-01-19 06-30-23
[51] Southern California Association of Governments (SCAG) Appointed
Councilmember Dr. Hilton Delegate 01-26-21
Mayor Davis-Holmes Alt. 1 01-26-21
Councilmember Rojas Alt. 2 12-03-24
[52] U.S. Conference of Mayors
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Rojas Alt. 1 03-01-22
Mayor Pro Tempore Hicks, Sr. Alt. 2 01-26-21
[53] West Basin Water Association
Appointed
Mayor Davis-Holmes Delegate 12-03-24
Mayor Pro Tempore Hicks, Sr. Alternate 01-26-21
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, July 21, 2026, 5:00 PM
DISCUSSION 25. To: Honorable Mayor and City Council From: Dr. Khaleah K. Bradshaw, City Clerk CLERK Administration Subject: CONSIDERATION OF RESOLUTION NO. 26-078 RECITING THE FACT OF THE SPECIALMUNICIPAL ELECTION HELD ON JUNE 2, 2026, DECLARING THE RESULT THEREOF AS TO MEASURE FW,DECLARING THAT MEASURE FW FAILED AND WAS NOT ADOPTED, AND SUCH OTHER MATTERS ASPROVIDED BY LAW (CITY COUNCIL) I. SUMMARY
On June 2, 2026, the City of Carson held a Special Municipal Election, consolidated with the Statewide Direct Primary Election, at which voters considered Measure FW, a citizen initiative measure concerning the sale and use of “safe and sane” fireworks in the City.
After the City Clerk certified the initiative petition as sufficient, the City Council submitted the proposed initiative to the voters pursuant to Elections Code section 9215.
Following the election, the Los Angeles County Registrar-Recorder/County Clerk completed the official canvass and transmitted the certified statement of results to the City Clerk pursuant to Elections Code section 15372. The certified results for Measure FW are as follows:
YES: 9,966 votes (46.42%)
NO: 11,503 votes (53.58%)
Measure FW did not receive a majority of the votes cast on the measure and therefore failed and was not adopted pursuant to Elections Code section 9217.
This item asks the City Council to receive and file Exhibit 2 (which is Exhibit A to the attached proposed resolution), the Certificate of the Canvass of the Election Returns and Statement of Votes Cast, and to adopt the attached resolution (Exhibits 1-2) formally declaring the results of the election as to Measure FW. Under Elections Code section 15400, declaration of the results is a ministerial and non-discretionary duty of the City Council.
II. RECOMMENDATION
TAKE the following actions:
1. RECEIVE and FILE the Certificate of the Canvass of the Election Returns and Statement of Votes Cast for the June 2, 2026 City of Carson Special Municipal Election, as provided by the Los Angeles County Registrar-Recorder/County Clerk; and,
701 East Carson Street
2. WAIVE further reading and ADOPT Resolution No. 26-078, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARSON, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 2, 2026, DECLARING THE RESULT THEREOF AS TO MEASURE FW, DECLARING THAT
MEASURE FW FAILED AND WAS NOT ADOPTED, AND SUCH OTHER MATTERS AS PROVIDED BY LAW"
III. ALTERNATIVES
None.
IV. BACKGROUND
A citizen initiative petition entitled “A Proposed Initiative Ordinance to Amend the Carson Municipal Code to Permit the Sale and Use of Certain Fireworks Within the City of Carson” was submitted to the City. After the City Clerk certified the petition as sufficient, the City Council considered the matter pursuant to Elections Code section 9215 and elected to submit the proposed initiative to the voters at the June 2, 2026 Special Municipal Election.
The election was consolidated with the Statewide Direct Primary Election and conducted by the Los Angeles County Registrar-Recorder/County Clerk. Following completion of the official canvass, the County Elections Official transmitted the certified statement of results to the City Clerk pursuant to Elections Code section 15372.
The certified results show that Measure FW received 9,966 “yes” votes (46.42%) and 11,503 “no” votes (53.58%).
Measure FW did not receive a majority of the votes cast on the measure and therefore failed and was not adopted pursuant to Elections Code section 9217.
Under Elections Code section 15400, it is the ministerial and non-discretionary duty of the City Council to declare the results of the election as to each measure voted on at the election. Adoption of the attached resolution will satisfy that requirement as to Measure FW.
V. FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of the proposed resolution.
VI. EXHIBITS
1. Resolution No. 26-078
2. Certificate of the Canvass of the Election Returns and Statement of Votes Cast (Exhibit A to Resolution No. 26-078)
Attachments
Resolution No. 26-078.pdf
Certificate of the Canvass of the Election Returns and Statement of Votes Cast (Exhibit A to Resolution No. 26-078).pdf RESOLUTION NO. 26-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL
ELECTION HELD ON JUNE 2, 202 6, DECLARING THE RESULT
THEREOF AS TO MEASURE FW, DECLARING THAT MEASURE FW
FAILED AND WAS NOT ADOPTED, AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a Special Municipal Election was held and conducted in the City of Carson, California (“City”), on Tuesday, June 2, 2026, in accordance with applicable law (“Special Municipal Election”); and
WHEREAS, the Special Municipal Election was consolidated with the Statewide Direct Primary Election held on the same date and was conducted by the Los Angeles County Registrar-Recorder/County Clerk; and
WHEREAS, at the Special Municipal Election, the City submitted to the voters a measure designated as Measure FW, entitled “A Proposed Initiative Ordinance to Amend the Carson Municipal Code to Permit the Sale and Use of Certain Fireworks Within the City of Carson,” which proposed to permit the sale and use of certain “safe and sane” fireworks within the City (“Measure FW”); and
WHEREAS, the Los Angeles County Registrar-Recorder/County Clerk has certified the results of the Special Municipal Election as to Measure FW, and the certified results are received, attached hereto, and incorporated herein as Exhibit “A”; and
WHEREAS, pursuant to Elections Code section 15400, the City Council is required to declare the results of the election as to Measure FW; and
WHEREAS, Elections Code section 9217 provides that a proposed city initiative ordinance is adopted only if a majority of the voters voting on the proposed ordinance vote in its favor; and
WHEREAS, Measure FW did not receive a majority of the votes cast on the measure and therefore failed and was not adopted; and
WHEREAS, the certified results for Measure FW are as follows: YES: 9,966 votes (46.42%) and NO: 11,503 votes (53.58%).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference.
Section 2. Measure Submitted. The Special Municipal Election was held for the purpose of submitting Measure FW to the voters of the City. Measure FW was submitted to the voters in substantially the following form:
Measure FW
Shall the measure, placed on the ballot by initiative
petition, allowing the sale , from up to 12 permitted
temporary stands, and use of “safe and sane
fireworks” ( as defined in state law ) within the City
during specified dates and times around the Fourth of
July season, with a prohibition on “dangerous
fireworks” (as defined in state law) subject to
specified exceptions, be adopted?
YES
NO
Section 3. Election Results. The whole number of ballots cast in the City at the Special Municipal Election, the number of votes cast for and against Measure FW, and the number of votes cast at each precinct or as otherwise reported by the Los Angeles County Registrar - Recorder/County Clerk are set forth in Exhibit “A,” attached hereto and incorporated herein by this reference.
Section 4. Declaration of Result. Based upon Exhibit “A,” the City Council does declare and determine that:
Measure FW did not receive a majority of the votes cast on the measure at the Special Municipal Election. The City Council further declares and determines that Measure FW failed and was not adopted.
Section 5. Records Entry. Based upon the foregoing, and as attached in Exhibit “A,” the City Clerk shall enter on the records of the City Council of the City of Carson, a statement of the result of said election showing:
a) The whole number of votes cast in the City;
b) The measure voted upon in this election;
c) The number of votes given at each precinct for and against the measure, d) The number of votes given in the City for and against the measure.
Section 6. Severability. The City Council declares that should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect.
Section 7. Certification. The Mayor shall sign this Resolution, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 8. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 21st day of July, 2026.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_______________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
Sunny K. Soltani, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City Of Carson, California, hereby attest to and certify that the forgoing Resolution, being Resolution No. 26- ___, was duly and regularly adopted by the City Council of Carson at its meeting held the 21st day of July, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Dr. Khaleah K. Bradshaw, City Clerk
EXHIBIT “A”
CERTIFICATE OF THE CANVASS OF THE ELECTION RETURNS AND STATEMENT
OF VOTES CAST
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, July 21, 2026, 5:00 PM
ORDINANCE SECOND READING 26. To: Honorable Mayor and City Council From: Sunny Soltani, City Attorney, Aleshire & Wynder, LLP CMO Administration Subject: SECOND READING AND ADOPTION OF ORDINANCE NO. 23-2305, ADDING A NEW CHAPTER13 (CRIMINAL INFORMATION REWARDS) TO ARTICLE III (PUBLIC SAFETY) OF THE CARSON MUNICIPALCODE TO ESTABLISH PROCEDURES FOR CITY OFFERS AND PAYMENT OF REWARDS FOR INFORMATIONLEADING TO THE APPREHENSION AND CONVICTION OF ANY PERSON WHOSE WILLFUL MISCONDUCTRESULTS IN INJURY OR DEATH TO ANY PERSON (CITY COUNCIL) I. SUMMARY
This item is on the agenda at the recommendation of the City Attorney's Office and provides the City Council an opportunity to correct a technicality regarding an ordinance that was introduced and had second reading, but was never technically adopted because the approved recommendation for the item provided only that the City Council "conduct a Second Reading" and did not include the word "adopt." Additionally, there were certain municipal code chapter and section numbering typos and discrepancies explained below that have been corrected. This item is intended solely to correct these technical issues for the record and formalize adoption of the ordinance; it does not re-interpret, alter, or otherwise change the substance of the City Council's prior decision or the ordinance the City Council previously intended to approve.
On July 5, 2023, under Item No. 22 of the City Council Agenda, the City Council voted 5-0 to introduce Ordinance No. 23-2305. On July 18, 2023, the City Council conducted and approved a Second Reading of the ordinance; however, for the reason described above, the ordinance was never signed or codified. This item transmits a request for City Council to conduct a Second Reading of, and adopt, Ordinance No. 23-2305, attached as Exhibit 1.
As introduced in 2023, Ordinance No. 23-2305 would have added a new Chapter 12 (Criminal Information Rewards) to Article III (Public Safety) of the Carson Municipal Code (CMC), but was never formally adopted, signed or codified for the reasons outlined above. Subsequently, in 2024, the City Council adopted Ordinance Nos. 24- 2409-U and 24-2410 (re: prohibiting interference with special events), which enacted their new municipal code provisions as Chapter 12 to Article III of the CMC, given that Chapter 12 (as the next available chapter in Article III) had not been occupied by Ordinance No. 23-2305. As a result of the intervening adoption of those ordinances and certain typographical section numbering errors contained in Ordinance No. 23-2305 as introduced, the chapter number and certain section numbers of Ordinance No. 23-2305 have been corrected so that the ordinance will now add a new Chapter 13 to Article III of the CMC. These changes constitute the correction of typographical or clerical errors rather than the making of an alteration within the meaning of Section 313(B) of the City Charter, and therefore do not require re-introduction of the ordinance.
II. RECOMMENDATION
CONDUCT a Second Reading by title only and with full reading waived, and ADOPT Ordinance No. 23-2305, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING A NEW CHAPTER 13 (CRIMINAL INFORMATION REWARDS) TO ARTICLE III (PUBLIC SAFETY) OF THE CARSON
MUNICIPAL CODE TO ESTABLISH PROCEDURES FOR CITY OFFERS AND PAYMENT OF REWARDS FOR
INFORMATION LEADING TO THE APPREHENSION AND CONVICTION OF ANY PERSON WHOSE WILLFUL MISCONDUCT RESULTS IN INJURY OR DEATH TO ANY PERSON".
III. ALTERNATIVES
TAKE any other action the City Council deems appropriate that is consistent with the requirements of the law.
IV. BACKGROUND
At the July 5, 2023, Council Meeting, the City Council introduced Ordinance No. 23-2305, which as introduced would have added a new Chapter 12 entitled "Criminal Information Rewards" to Article III (Public Safety) of the Carson Municipal Code. The ordinance establishes procedures, rules and requirements applicable to City offers and payment of rewards for information leading to the apprehension and conviction of any person whose willful misconduct results in injury or death to any person, pursuant to the authority provided by California Government Code Section 53069.5.
On July 18, 2023, the City Council conducted and approved a Second Reading of the ordinance, but through inadvertence the ordinance was never technically adopted, and therefore was never signed or codified. As a result, the ordinance is now proposed for formal adoption, following a second reading for the proposed version containing the corrected municipal code chapter and section numbers, as outlined above, to reflect that the ordinance will add a new Chapter 13 to Article III of the CMC. These corrections constitute the correction of typographical or clerical errors rather than the making of an alteration within the meaning of Section 313(B) of the City Charter, and therefore do not require re-introduction of the ordinance. Adoption of the ordinance at this time will complete the legislative process that began in 2023 and allow for execution and codification of the ordinance.
V. FISCAL IMPACT
There is no anticipated fiscal impact since this item pertains only to the second reading and adoption of theproposed ordinance. As detailed in the ordinance, the fiscal impact will depend on how many rewards are paid outin the future, which is unknowable at this time. As noted in the ordinance, the maximum allowable payment of Cityfunds per reward would be $50,000, subject to any additional private donations.
VI. EXHIBITS
1. Ordinance No. 23-2305 (proposed for Second Reading and Adoption) Attachments
Ordinance No. 23-2305 (proposed for Second Reading and Adoption)
01007.0001 2015853.2
ORDINANCE NO. 23-2305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING A NEW CHAPTER 13 (CRIMINAL
INFORMATION REWARDS) TO ARTICLE III (PUBLIC SAFETY) OF
THE CARSON MUNICIPAL CODE TO ESTABLISH PROCEDURES FOR
CITY OFFERS AND PAYMENT OF REWARDS FOR INFORMATION
LEADING TO THE APPREHENSION AND CONVICTION OF ANY
PERSON WHOSE WILLFUL MISCONDUCT RES ULTS IN INJURY OR
DEATH TO ANY PERSON
WHEREAS, California Government Code Section 53069.5 provides as follows:
“A local agency, as defined in [Government Code] Section 54951, may offer and pay a reward, the amount thereof to be determined by the local agency, for information leading to the determination of the identity of, and the apprehension of, any person whose willful misconduct results in injury or death to any person or who willfully damages or destroys any property.
Any person whose willful misconduct has resulted in injury or death to any student or any person employed by or performing volunteer services for a local agency or who has willfully damaged or destroyed any property of a local agency or any property of any other local agency or state or federal agency located within the boundaries of the local agency shall be liable for the amount of any reward paid pursuant to this section and if he is an unemancipated minor his parent or guardian shall also be liable for the amount.”
WHEREAS, to better protect public health and safety in the City, the City Council desires and hereby intends to establish clear procedures, rules and requirements applicable to City offers and payment of rewards for information leading to the apprehension and conviction of any person whose willful misconduct results in injury or death to any person pursuant to California Government Code Section 53069.5; and
WHEREAS, on July 5, 2023, to that end, the City Council approved introduction and first reading of this Ordinance No. 23-2305 regarding criminal rewards, which as introduced would have added a new Chapter 12 (Criminal Information Rewards) to Article III (Public Safety) of the Carson Municipal Code (CMC) . On July 18, 2023, the City Council conducted and approved a second reading of, but through inadvertence did not technically adopt, this ordinance, and therefore it was never signed; and
WHEREAS, subsequently, in 2024, the City Council adopted Ordinance No.’s 24-2409- U and 24 -2410 prohibiting interference with special events, which added a new Chapter 12 to Article III of the CMC; and
WHEREAS, as a result of the intervening adoption of Ordinance No.’s 24 -2409-U and 24-2410, and as a result of certain typographical errors that were contained in this ordinance as introduced on July 5, 2023, it has become necessary to correct the chapter number and certain
01007.0001 2015853.2
section numbers of the chapter/sections that are to be added to the CMC by this ordinance , to reflect that this ordinance will add a new Chapter 13 to Article III of the CMC. The necessary changes have been made in this ordinance and constitute the correction of typographical or clerical errors rather than the making of an alteration within th e meaning of Section 313(B) of the City Charter, and therefore do not require re-introduction of this ordinance; and
WHEREAS, the City Council now sees fit and intends to adopt this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct, and are incorporated herein as findings of fact.
SECTION 2. AMENDMENT. A new Chapter 13 is hereby added to Article III (Public Safety) of the Carson Municipal Code, to read in its entirety as follows:
CHAPTER 13 REWARD FOR INFORMATION ON CRIMES
31301 Authorization; Offer of Reward
A. The City Council may authorize the offer by the City of a monetary reward for information leading to the apprehension and conviction of any person whose willful misconduct results in injury or death to any person.
B. An offer of reward may be approved or extended by the City Council by either resolution or motion, and shall, without limitation: (i) identify the specific incident that is the subject of the offer of reward; and (ii) specify the amount of the reward, subject to the limitations set forth in CMC 31302.
C. An offer of reward shall terminate by payment, revocation, or withdrawal thereof by the City Council by resolution or motion, or by expiration of any term or other applicable time period(s) established pursuant to the offer of reward and/or this Chapter.
31302 Amount of Reward. A reward may be offered in an amount up to a maximum of $25,000 in City funds, except that where the crime at issue was particularly heinous or it appears from the nature or circumstances of the crime at issue that the community is at great risk, or where the City Council is extending an offer of reward due to necessary information not having been provided following the initial offer of reward, the City Council may authorize a higher reward offer amount, not to exceed $50,000 in City funds. Private donations may be added to City funds to increase the size of any reward offer.
31303 Publication of Notices.
01007.0001 2015853.2
A. Notices of reward offers authorized or extended pursuant to CMC 31301 shall be promptly published by the City Clerk in at least one newspaper of general circulation in the City, and posted on the City’s website. Such notices shall include, without limitation, notice of the period within which to provide information pursuant to CMC 31304 and the period within which to file claims for rewards pursuant to CMC 31306.
B. In the event an offer of reward has been terminated by revocation or withdrawal by the City Council prior to the term identified in the offer of reward or an approved extension thereof, notice of such termination shall be promptly published by the City Clerk in at least one newspaper of general circulation in the City, and posted on the City’s website.
31304 Period to Provide Information. To be eligible for consideration to receive a monetary reward, the information must be submitted to the Los Angeles County Sheriff’s Department’s Carson Sheriff’s Station (to the attention of the Captain thereof), with notice of such submittal provided to the City Clerk’s office in a sealed envelope clearly marked “confidential,” within ninety (90) days of the City Clerk’s publication of the applicable offer of reward pursuant to CMC 31303, unless otherwise provided in the offer of reward or approved extension thereof.
Information provided prior to an offer of reward being approved by the City Council is not eligible for consideration to receive a monetary reward. The City shall maintain in confidence, to the maximum extent permitted by law, the identification of any informant(s).
31305 Information Received. Information of whatever form or nature filed with, submitted to, or otherwise received by the City or any official, officer, employee, or agent of the City with respect to apprehension, identification, arrest and /or conviction of a person or persons, whether or not accompanied by a request, demand, or claim of any reward offered, shall be deemed to be filed, submitted, and received for informational purposes only and no claim of action or property right shall arise therefrom. The City Council may consider any such information as a factor in whatever deliberations it may undertake with respect to a particular offer of reward possibly affected thereby. Neither the filing or submitt al of information, nor the receipt or consideration thereof by the City, shall establish any legal claim to, or right of recovery of, any reward offered by the City.
Information received by other than the Los Angeles County Sheriff’s Department’s Carson Sheriff’s Station shall be immediately transmitted by the recipient to the Los Angeles County Sheriff’s Department’s Carson Sheriff’s Station, and if applicable, to the City Clerk for record purposes and/or for attachment to the appropriate City Council agenda file. The City Clerk’s office shall transmit to the Los Angeles Sheriff’s Department ’s Carson Sheriff’s Station, for its use and investigation, any information which the City Clerk’s office receives in order that the Los Angeles Sheriff’s Department’s Carson Sheriff’s Station may coordinate its activity with those law enforcement and governmental agencies legally charged with or responsible for investigation into and/or prosecution of an event which has become the basis of a City offer of reward.
01007.0001 2015853.2
31306 Period to Submit Claim for Reward. Claims for monetary rewards must be submitted, in writing, to the City Clerk’s office within ninety (90) days after the conviction of the person or persons responsible for the crime, unless otherwise provided in the offer of reward or approved extension thereof.
31307 Claim Procedure and Required Information. All claims for monetary rewards shall be in writing in a sealed envelope clearly marked “confidential” and shall provide the following information: (i) name, address and telephone number of claimant(s); (ii) name, address and telephone number of the involved law enforcement agency and the law enforcement personnel to which information has been provided; and (iii) location of court in which and date upon which the conviction occurred. The City shall maintain in confidence, to the maximum extent permitted by law, the name, address and telephone number of any claimant(s).
31308 Claim Review. Claims for monetary rewards shall be reviewed by each of the following departments/offices: (1) City Manager’s Office; (2) City Clerk’s Office; (3) City Attorney’s Office; and (4) Los Angeles County Sheriff’s Department’s Carson Sheriff’s Station Captain or designee. Such review shall include a determination of whether the requirements of this Chapter and the applicable offer of reward have been met by the claimant, including whethe r the information that is the subject of the claim was tendered as more than a mere suspicion and was sufficient to provide for the subsequent appr ehension and conviction of the person or persons responsible in whole or in part for that act which prompted the offer of reward. Following such review, the City Manager shall make a recommendation to the City Council with regard to amounts and distribution of the reward. The staff report to the City Council shall describe the subject incident and provide an overview of the results of the review conducted pursuant to this section.
If necessary, other affected outside agencies may be consulted to determine the merit and validity of a claim.
31309 City Council Determinations; Payment.
A. All decisions with respect to the relevance or materiality of information received, whether or not utilized in establishing the apprehension and/or conviction of any one or more persons provides a basis for payment of a reward, shall be in the sole discretion of the City Council.
B. If the City Council determines that all applicable requirements of this Chapter and an applicable offer of reward have been met with respect to a claim, the City Council may approve the payment of a reward to the claimant, unless such person is excluded pursuant to CMC 3131 1, up to the amount specified in the applicable offer of reward. All determinations affecting, or dispositive of, offers of reward, including whether to pay any reward and the amount of any reward to be paid, shall be in the sole disc retion of the City Council and shall be final. Payment of any reward pursuant to this Chapter shall require prior City Council approval by resolution or motion, which shall specify the applicable offer of reward, the amount(s) of the reward to be paid, and the person(s) to whom it shall be paid.
01007.0001 2015853.2
C. A payment of reward may be for a sum less than that which has been advertised in the notices pursuant to CMC 31303, and may be prorated with respect to the information received and/or with respect to the number of sources from which received, provided that no payment or aggregate of payments of City funds shall exceed the sum designated by the applicable offer of reward. The determination of what portion of a reward, if any, is to be paid to any one or more persons shall be in the sole discretion of the City Council.
31310 Liability of Guilty Party or Parents. Any person whose willful misconduct has resulted in injury or death to any student or any person employed by or performing volunteer services for the City shall be liable for the amount of any reward paid pursuant to this Chapter, and if such person is an unemancipated minor, such person’s parent or guardian shall also be liable for the amount.
31311 Persons Excluded from Receiving Reward.
A. No reward shall be paid to a City official, officer or employee, a dependent thereof, or to a public officer or employee whose employment includes duties of law enforcement.
B. Rewards shall not be paid to persons who have already been compensated by their employer or in some other manner for the actions which are the basis of claiming the reward.
C. No person who was responsible for or involved in the misconduct which prompted the City’s offer of a monetary reward shall be eligible to receive the reward.
D. No offer of reward shall be made to anyone who is acting as an agent for the suspect(s) or if suspect(s) will benefit from payment of such reward.”
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted and codified in the manner required by law.
01007.0001 2015853.2
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council on this _____ day of ______, 2026.
________________________________
Lula Davis-Holmes, Mayor
ATTEST:
__________________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_______________________________
Sunny K. Soltani, City Attorney