16 LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
LIQUIDITY. The speed and ease with which an asset can be converted to cash.
LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.
LOCAL GOVERNMENT INVESTMENT POOL. Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.
MAKE WHOLE CALL. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole."
MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral.
MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
MARKET VALUE. The price at which a security can be traded.
MATURITY. The final date upon which the principal of a security becomes due and payable.
MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis.
MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
MODIFIED DURATION. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.
MONEY MARKET. The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
MONEY MARKET MUTUAL FUND. A mutual fund that invests exclusively in short-term securities.
Examples of investments in money market funds are certificates of deposit and U.S.
Treasury securities. Money market funds attempt to keep their net asset values at $1 per share.
MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses.
MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO).
A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's.
NEGOTIABLE CERTIFICATE OF DEPOSIT (CD). A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or statePage 265 17 licensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).
PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.
Government securities market.
PRUDENT PERSON (PRUDENT INVESTOR) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer’s name.
SECURITIES AND EXCHANGE COMMISSION (SEC). The U.S. Securities and Exchange Commission (SEC) is an independent federal government agency responsible for protecting investors, maintaining fair and orderly functioning of securities markets and facilitating capital formation. It was created by Congress in 1934 as the first federal regulator of securities markets. The SEC promotes full public disclosure, protects investors against fraudulent and manipulative practices in the market, and monitors corporate takeover actions in the United States.
SECURITIES AND EXCHANGE COMMISSION SEC) RULE 15C3-1. An SEC rule setting capital requirements for brokers and dealers. Under Rule 15c3-1, a broker or dealer must have sufficient liquidity in order to cover the most pressing obligations. This is defined as having a certain amount of liquidity as a percentage of the broker/dealer's total obligations. If the percentage falls below a certain point, the broker or dealer may not be allowed to take on new clients and may have restrictions placed on dealings with current client.
STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the tenyear Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.
TOTAL RATE OF RETURN. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
TREASURY BILLS. All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues threeand six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.
18 TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.
YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: 1) Amend the FY 2022/23 Fleet Capital budget in the amount of $36,500; 2) Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Units for $194,919.10 through the existing cooperative contract with Sourcewell; and
3) Authorize staff to dispose of the existing vehicles by means that best meet the City’s needs
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
The City budgets to replace four (4) police patrol vehicles annually to ensure that the fleet continues to meet the City’s public safety needs. The FY 2022/23 Fleet Management Fund provides $250,000 for the replacement of four (4) police patrol vehicles ($62,500 per patrol vehicle) in accordance with the 4-year life cycle established by the City. Staff regularly evaluates police patrol units in the fleet to determine which units are of the highest priority for replacement. All of the units proposed for replacement in FY 2022/23 meet the City’s criteria for replacement of police patrol vehicles.
After evaluating the needs of the Police Department, Fleet Management staff and Police Management staff recommend purchasing four 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Units to replace the four (4) existing police patrol vehicles identified for replacement in FY 2022/23.
Although staff increased the budget for FY 2022/23 in an attempt to account for market inflation, the cost per Ford Police Interceptor Utility Non-Hybrid Patrol Unit increased by an
Purchase of Police Patrol Vehicles
September 20, 2022
unprecedented 32%, from $36,884.79 to $48,729.78 per vehicle. The total cost to purchase the four (4) new vehicles utilizing an existing cooperative contract through Sourcewell is $194,919.10. After the purchase of the four (4) vehicles, there will be $55,080.90 remaining to outfit the vehicles. This amount is insufficient to outfit the vehicles as needed. Therefore, a budget amendment in the amount of $36,500 is required to properly outfit the vehicles to meet the needs of the Police Department.
Staff is requesting that City Council 1) amend the FY 2022/23 Fleet Capital budget in the amount of $36,500; 2) waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Units for $194,919.10 through the existing cooperative contract with Sourcewell; and 3) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs.
DISCUSSION:
Police patrol vehicles have a 4-year life cycle, and the City budgets to replace four (4) police patrol vehicles annually to ensure that the fleet continues to meet the City’s public safety needs. Staff has determined through decades of experience with the operation and maintenance of these vehicles that a 4-year life cycle maximizes cost efficiency while providing a vehicle that is well suited for the purpose intended. Staff regularly evaluates police patrol units in the fleet to determine which units are of the highest priority for replacement. All of the units proposed for replacement in FY 2022/23 meet the City’s criteria for replacement of police patrol vehicles.
On February 16, 2021, City Council approved the transition of the police patrol fleet from the Dodge Charger Pursuit vehicle to the Ford Police Interceptor Utility vehicle. This transition began in FY 2021/22. The FY 2022/23 Fleet Management Fund provides $62,500 for each of the four police patrol vehicles scheduled for replacement to accommodate the purchase of the Ford Police Interceptor Utility vehicles in accordance with the transition plan.
The Ford Police Interceptor Utility vehicle is available in both a Hybrid model and a Non-Hybrid
3.3L V6 fuel-engine model. Knowing that the City Council desires to be environmentally responsible and reduce emissions from City vehicles, Police Department staff met with Ford representatives at Raceway Ford in Riverside to conduct vehicle performance testing of both models to compare their performance against the Police Department’s needs in an emergency response vehicle. (Testing took place in early 2021. Staff did not test drive the Eco Boost model due to its high vehicle cost not being a feasible option for the City.) The performance testing resulted in Police Department staff coming to the consensus that the Non-Hybrid 3.3L V6 fuel-engine model performed best when compared to the Department’s needs. The Hybrid model also tested well, however the vehicle acceleration was sub-standard from a stopped position when the motor was stopped and the transmission responded slowly when changing gears getting up to speed. The Hybrid model costs more per vehicle, and the fuel cost savings would not be significant based on the manner in which the vehicle is used.
The Hybrid model also has the potential for costly repairs resulting from the placement of the battery on the rear undercarriage of the vehicle.
Purchase of Police Patrol Vehicles
September 20, 2022
Therefore, staff is recommending that the City replace the Dodge Charger Patrol vehicles identified for replacement in FY 2022/23 with the Ford Police Interceptor Utility Non-Hybrid Patrol vehicle.
Staff has identified an existing cooperative contract through Sourcewell, formerly the National Joint Powers Alliance (NJPA), that can be used for the purchase of these vehicles. Sourcewell combines the buying power of 50,000 government, education, and nonprofit organizations through nationally, competitively solicited cooperative contracts. Cooperative purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments.
Sourcewell’s rigorous process streamlines the procurement process by developing Invitation for Bids and Request for Proposals for national, competitive solicitations that meet or exceed local requirements. Sourcewell issued a Request for Proposal (RFP) in July 2021 for the procurement of automobiles, SUVs, vans, and light trucks with related equipment and accessories. The RFP was publicly advertised. Thirteen proposals were received in September 2021 and were evaluated based on eight criteria with pricing being the most heavily weighted.
Based on that process, National Auto Fleet Group was the highest ranked and awarded a cooperative contract (Contract #091521-NAF) by Sourcewell. The City can utilize the cooperative contract with National Auto Fleet Group through Sourcewell to purchase the vehicles at a competitive price in compliance with the City’s purchasing policy.
Section 2.36.070 Par 4 of the Fountain Valley Municipal Code authorizes the procurement of goods and services without formal bidding under the following circumstance: “When participating in cooperative contracts with another government agency.” The total cost to purchase the four new vehicles utilizing the existing cooperative contract through Sourcewell is $194,919.10.
Replacing the police patrol vehicles as scheduled will support the City’s strategic goals of enhancing the culture and environment of “A Nice Place to Live” and attracting and retaining quality staff. By the time the patrol vehicles are due for replacement they are worn out as a result of their heavy daily use. Replacing the police patrol vehicles as scheduled decreases vehicle downtime, increases fleet reliability and enhances community and officer safety. New vehicles and the modern equipment they are outfitted with provide officers with the tools they need to continue effectively serving and protecting the community.
FISCAL REVIEW:
The current adopted budget allocates a total of $250,000 ($62,500 per vehicle) for the purchase and outfitting of four police patrol vehicles. This is an increase of $18,000 over the FY 2021/22 budget, which was $232,000 ($58,000 per vehicle). Staff increased the budget for FY 2022/23 in an attempt to account for market inflation. However, the cost per Ford Police Interceptor Utility Non-Hybrid Patrol Unit increased by an unprecedented 32%, from $36,884.79 to $48,729.78 per vehicle.
The City has a couple options on how to proceed in light of this dramatic increase in the price of the vehicles.
Purchase of Police Patrol Vehicles
September 20, 2022
Alternative No. 1 - Amend the Budget and Replace 4 Police Patrol Units as Scheduled FY 2022/23 Budget for 4 Police Patrol Vehicles $ 250,000.00 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Unit – Qty. 4 ($48,729.78 ea.)
$ 194,919.10*
Amount Remaining for Outfitting of Vehicles $ 55,080.90 Amount of Budget Amendment $ 36,500.00
Amount Available for Outfitting of Vehicles $ 91,580.90 *Includes sales tax and tire fees
After the purchase of the four vehicles, there will be $55,080.90 remaining in the FY 2022/23 Fleet Capital Program, which is insufficient to outfit the vehicles as needed. The outfitting of the vehicles will be outsourced and cost $91,410.12 ($22,852.53 per vehicle). Therefore a budget amendment in the amount of $36,500 is needed to provide sufficient funds to outfit the vehicles as needed.
The Budget Amendment appropriates $36,500.00 in increased expenditure appropriations from the Fleet Management Fund (112.00.0000.39000) unappropriated fund balance into the Fleet Management Fund in the Police Department, ISF – Fleet Capital – PD Passenger Cars account (112.70.70052.55544), where the purchase will be expensed.
Alternative No. 2 – Defer the Replacement of Unit #102, a Non-Patrol Police Vehicle, and Reallocate the Funds to the Replacement of the 4 Police Patrol Vehicles The current adopted budget includes sufficient funding for the purchase of four Ford Police Interceptor Utility Non-Hybrid Patrol Units if the City defers the replacement of Unit #102, a 2007 Ford Crown Victoria assigned to police management, and reallocates the $40,000 budgeted for the replacement to the patrol vehicles. The purchase will be expensed to the Fleet Management Fund in the Police Department, ISF – Fleet Capital – PD Passenger Cars account (112.70.70052.55544).
FY 2022/23 Budget for 4 Police Patrol Vehicles + $40,000 $ 290,000.00 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Unit – Qty. 4 ($48,729.78 ea.)
$ 194,919.10*
Amount Remaining for Outfitting of Vehicles $ 95,080.90 *Includes sales tax and tire fees
After the purchase of the four vehicles, there will be $95,080.90 remaining in the FY 2022/23 Fleet Capital Program to outfit the vehicles. The outfitting of the vehicles will be outsourced by the Police Department and cost $91,410.12 ($22,852.53 per vehicle). If the actual outfitting cost exceeds the budget, the Police Department will return to City Council to request a budget amendment if an additional source of funding is not found.
Purchase of Police Patrol Vehicles
September 20, 2022
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
This does not require the Attorneys for the City review or approval. This action will be issued on a City approved purchase order form that provides standard terms and conditions which have been approved by the Attorneys for the City.
ALTERNATIVES:
Alternative No. 1: 1) Amend the FY 2022/23 Fleet Capital budget in the amount of $36,500; 2) waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2023 Ford Police Interceptor Utility NonHybrid Patrol Units for $194,919.10 through the existing cooperative contract with Sourcewell; and 3) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs. This is the recommended action.
Alternative No. 2: 1) Defer the replacement of Unit #102, a non-patrol police vehicle, and reallocate the $40,000 budgeted for the replacement to the patrol vehicles; 2) waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Units for $194,919.10 through the existing cooperative contract with Sourcewell; and 3) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs
Alternative No. 3: Do not approve the proposal to purchase the police patrol vehicles through the cooperative contract and direct staff to obtain multiple quotes for the vehicles. This is not recommended as the cost under the cooperative contract is competitive and provides the best value to the City.
All Sourcewell contracts have been competitively solicited nationally and also save considerable staff time and effort over individual requests and specifications with various vendors to meet our procurement needs.
Alternative No. 4: Do not authorize the purchase of the police patrol vehicles at this time, and defer and direct staff to return at a future date with an update on the condition of the existing vehicles. This is not recommended as these units should be replaced now due to their age and condition. Delaying the purchase of these vehicles will make it difficult for the Public Works Fleet Division to keep an adequate number of police patrol vehicles on the road as vehicles have to be taken out of service for maintenance and repair. If
Purchase of Police Patrol Vehicles
September 20, 2022
the City does not order the vehicles now, the City will miss the fleet order cutoff and not be able to order the vehicles until next fiscal year. In addition, pricing may not improve, depending on inflation, the microchip shortage and limited supply.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to 1) amend the FY 2022/23 Fleet Capital budget in the amount of $36,500; 2) waive the bidding requirements pursuant to FVMC
2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Units for $194,919.10 through the existing cooperative contract with Sourcewell; and 3) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs Prepared by: Christine Smith, Management Analyst
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Hye Jin Lee, Director of Public Works
Approved by: Matt Sheppard, Police Chief
Fiscal review by: Sherry Johnson, Interim Finance Director Approved by: Maggie Le, City Manager
Attachments:
1. Vehicle Quote
2. Outfitting Quote
3. Budget Amendment
Quote
Date
9/8/2022
Estimate #
1849
Name / Address
City of Fountain Valley
2727 Supply Avenue
Commerce, CA 90040
Phone: (323)725-0998
Project
2023 PIU - Patrol
Terms
Net 30
QUOTE GOOD FOR 30 DAYS
Total
Description Qty Rate Total
FRONT END EQUIPMENT
Ford Interceptor Utility, 2020-2023, Push Bumper, LR Series Push Bumper, Steel, Texture, 4-Light - Federal Signal MPS600 - Light Not Included, Not Compatible for Vehicles Equipped With Front Parked Sensors
1 429.80 429.80T
Siren amp, Rumbler & 2 Speakers, Secondary warning system, 12v, low frequency tones
1 700.00 700.00T
Ford Police Interceptor Utility, 2020-2021 1 40.01 40.01T 100-Watt DynaMax Siren Speaker 1 168.75 168.75T
Universal Speaker Mounting Kit 1 21.88 21.88T
ACCESSORY, BIKE RACK SET, QUICK FIST TM HOLDERS,
GLOSS BLACK POWDER COATED
1 273.77 273.77T
12-LED light head, Blue/White 2 128.25 256.50T
12-LED light head, Red/White 2 128.25 256.50T
MICRO PULSE 12 ULTRA LED'S DUAL COLOR RED/WHITE
STEADY BURN
1 130.00 130.00T
MICRO PULSE 12 ULTRA LED'S DUAL COLOR BLUE/WHITE
STEADY BURN
1 130.00 130.00T
Pair of 45° Slanted Push Bumper Mounts With Hardware, Vertical Light Orientation, Each Bracket Holds (1)
MPS30U/MPS6U*MPS12U Light, Fits Most Push Bumpers
1 25.84 25.84T
EX0011 - Patrol Power harness front mount 1 868.75 868.75T Dual-Color, single-head in-line Corner LED Systems (1) LED head with in-line flasher, cables and Black bezel, Red/White 1 54.00 54.00T
Dual-Color, single-head in-line Corner LED Systems (1) LED head with in-line flasher, cables and Black bezel, Amber/White 1 54.00 54.00T
TWIST LOCKS NO DRILLL MOUNT FOR FPIU 2 10.63 21.26T
SIDE EQUIPMENT
MICRO PULSE 6, ULTRA LED'S DUAL COLOR RED/WHITE
STEADY BURN
1 105.00 105.00T
MICRO PULSE 6, ULTRA LED'S DUAL COLOR BLUE/WHITE
STEADY BURN
1 105.00 105.00T
Spacer Kit for the Ultra MPS Lights 2 18.75 37.50T
Quote
Date
9/8/2022
Estimate #
1849
Name / Address
City of Fountain Valley
2727 Supply Avenue
Commerce, CA 90040
Phone: (323)725-0998
Project
2023 PIU - Patrol
Terms
Net 30
QUOTE GOOD FOR 30 DAYS
Total
Description Qty Rate Total
ROOF EQUIPMENT
VALR51J-1641836840 - 51" Valor Red/Blue with Flood Feature to the front, left and right Hotfoot TD, Steady Red & Blue forward, Signal master to the rear, no interface module or 6 button controller. 1 2,625.00 2,625.00T
NMO-K-DS - Coax Cable 2 21.875 43.75T
DRIVERS COMPARTMENT
CONSOLE, DUAL NOTCHED, PIU 2020, 12" SLOPE, 2" FLAT,
INCLUDES MOUNTING KIT, DUAL CUPHOLDER, ARMREST
AND STANDARD FACE PLATES
1 819.96 819.96T
Mongoose XLE 9" Motion Attachment 1 526.50 526.50T
Universal Vertical Surface Mount, Small 1 87.75 87.75T
5" Center Upper Pole 1 91.80 91.80T
FR 12 - 4 OHM?
FULLRANGE SPEAKERSYSTEM FR 12
2 26.325 52.65T
?GRILLE FR 12?
PROTECTIVE GRILLE
2 8.53 17.06T
USBR12V2 - Accele USBR12V2 - Round Flush Mount Double
USB Port
1 24.38 24.38T
NAPA 782-1635 Auxiliary Power Source 12V 1 21.25 21.25T Magnetic Mic Conversion Kit - Single Unit 3 36.25 108.75T D T-RAIL MOUNT 1 SM 1 UNIV XL HK
MUST PROVIDE VEHICLE INFORMATION
1 353.40 353.40T
OBD Cable for 2020 Ford PIU 1 126.00 126.00T
PRISONER COMPARTMENT
#10XL COATED POLY PARTITION tall, 20-22 INTERCEPTOR
UTILITY
1 792.51 792.51T
WINDOW BARRIER VS STEEL HORIZONTAL FOR 2020
INTERCEPTOR UTILITY
1 242.54 242.54T
#12 EXPANDED METAL W/REPLACEMENT SEAT 2020
INTERCEPTOR UTILITY, WITH CENTER PULL SEAT BELTS
1 1,179.29 1,179.29T
FLOOR PAN TPO 2020 INTERCEPTOR UTILITY 1 206.47 206.47T
BACK END EQUIPMENT
Quote
Date
9/8/2022
Estimate #
1849
Name / Address
City of Fountain Valley
2727 Supply Avenue
Commerce, CA 90040
Phone: (323)725-0998
Project
2023 PIU - Patrol
Terms
Net 30
QUOTE GOOD FOR 30 DAYS
Total
Description Qty Rate Total
3" Round Prisoner Light 3 73.50 220.50T
Pathfinder Remote Surface-mount Controller with 17 Push-buttons and slide switch
1 1,062.50 1,062.50T
MICRO PULSE 6, ULTRA LED'S DUAL COLOR RED/WHITE
STEADY BURN
1 105.00 105.00T
MICRO PULSE 6, ULTRA LED'S DUAL COLOR BLUE/WHITE
STEADY BURN
1 105.00 105.00T
Expansion Module 24 Relay Outputs 1 200.00 200.00T
3JLR6 - Fire Extinguisher Bracket: Strap, 5 lb Capacity, 3 in to 4 1/4 in, Rubber
1 83.71 83.71T
ELECTRONIC STORAGE, FALSE FLOOR, ELECTRONICS
TRAY, PIU 2020, POLY COATED
1 920.50 920.50T
ACCESSORY, ELECTRONIC STORAGE, ORGANIZER, DUAL
FLARE BOX,
PIU 2020, POLY COATED
1 423.39 423.39T
BOX, SINGLE DRAWER, 38" W X 21" D X 10" H, INCLUDES
DUAL
LOCKING PADDLE LATCHES, 500# DRAWER SLIDES, POLY
COATED
1 1,135.32 1,135.32T
ACCESSORY, BOX, TOP RAIL, 21", POLY COATED 1 131.12 131.12T Optional Pair of Heavy-Duty Gas Springs used with WBI-F18-RC or WBI-F28-RC
1 73.64 73.64T
MICRO PULSE 6, SINGLE COLOR, BLUE STEADY BURN 1 85.00 85.00T MICRO PULSE 6, SINGLE COLOR, AMBER STEADY BURN 1 85.00 85.00T MPSM6-FPIU20RS2 - Rear Spoiler Bracket Kit, (2) MPS6/MPS6U Lights on Each Side of Spoiler, Ford Police Interceptor Utility 2020 1 115.00 115.00T
MICRO PULSE 6, ULTRA LED'S DUAL COLOR RED/AMBER
STEADY BURN
2 105.00 210.00T
MICRO PULSE 6, ULTRA LED'S DUAL COLOR BLUE/AMBER
STEADY BURN
2 105.00 210.00T
Dual-Color, single-head in-line Corner LED Systems (1) LED head with in-line flasher, cables and Black bezel, Red/White 1 54.00 54.00T
Quote
Date
9/8/2022
Estimate #
1849
Name / Address
City of Fountain Valley
2727 Supply Avenue
Commerce, CA 90040
Phone: (323)725-0998
Project
2023 PIU - Patrol
Terms
Net 30
QUOTE GOOD FOR 30 DAYS
Total
Description Qty Rate Total
Dual-Color, single-head in-line Corner LED Systems (1) LED head with in-line flasher, cables and Black bezel, Amber/White 1 65.00 65.00T
MICRO PULSE 12 ULTRA LED'S DUAL COLOR RED/BLUE
STEADY BURN
2 130.00 260.00T
Generic L-bracket for (1) MPS1200 2 11.255 22.51T
Rocker Switch, Round, Black, ON-OFF-ON 3 4.37667 13.13T ROUND ROCKER SWITCH 12VDC WITH RED LED 2 4.375 8.75T
IMPRES(TM) 2 Single Unit Vehicular Charger 1 449.83 449.83T Cost for Shipping 1 531.25 531.25
Cost for Shipping Setina 1 345.00 345.00
Miscellaneous hardware, loom, connectors, fuses, tape, and tie wraps
1 275.00 275.00T
Installation of lighting equipment, siren system, Rumbler, prisoner partition, push bumper w/lights, center console, and two-way radio on a 2021 Ford Police Interceptor Utility.
42 75.00 3,150.00
AMOUNT NOT TO EXCEED AMOUNT REFLECTED IN THIS
QUOTE
Sales Tax 8.75% 1,514.76
$22,852.53
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Approve Amendment No. 2 to CON-19-28 with Merchants Landscape Services, Inc. for Sports Park, Parks and Civic Facilities Landscape Maintenance Services to add additional services to the scope of work and increase the annual contract amount by $171,696
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
The scope of work for the City’s current contract (CON-19-28) with Merchants Landscape Services, Inc. (Merchants) for Sports Park, Parks and Civic Facilities Landscape Maintenance Services covers all landscape maintenance at the Sports Park, 17 neighborhood parks, Reservoir No. 1, the City Hall Campus, Founders Village, Fire Station No. 1 and Fire Station No. 2. Based on the needs of the City, staff wishes to add additional turf renovation at the Sports Park and application of synthetic weed control chemicals along the City’s residential right-of-ways to the scope of work.
Staff is requesting that the City Council approve Amendment No. 2 to CON-19-28 with Merchants Landscape Services, Inc. for Sports Park, Parks and Civic Facilities Landscape Maintenance Services to add additional services to the scope of work and increase the annual contract amount by $171,696.
DISCUSSION:
Fountain Valley has contracted landscape maintenance services at the Sports Park since 2013 and at the Parks and Civic Facilities since 2010 as a cost saving measure.
Amendment No. 2 to CON-19-28
September 20, 2022
With both the contract for Sports Park Landscape Maintenance Services and the contract for Parks and Civic Facilities Landscape Maintenance Services expiring on June 30, 2019, Public Works staff chose to combine the contracts into one contract to take advantage of economies of scale, a larger group of contract employees for special projects or events, and more efficient contract management.
Public Works staff, with input from Community Services, developed and issued a comprehensive request for proposal (RFP) that detailed the scope of work for Sports Park, Parks and Civic Facilities Landscape Maintenance Services. The scope of work covered all landscape maintenance at the Sports Park, 17 neighborhood parks, Reservoir No. 1, the City Hall Campus, Founders Village, Fire Station No. 1 and Fire Station No. 2, including:
General/daily maintenance
Chemical application
Weed and pest control
Turf mowing and edging
Turf renovation and aeration
Fertilization and fertigation
Shrub and groundcover
maintenance
Irrigation and irrigation maintenance
Sports field maintenance
Hardscape maintenance
Playground maintenance
On May 8, 2019, the City received two (2) proposals in response to the competitive RFP. After City staff carefully evaluated the proposals to determine which contractor would provide the best value to the City, City Council awarded a contract (CON-19-28) to Merchants Landscape Services, Inc. (Merchants) in the annual amount of $672,132 on June 11, 2019. The term of the contract commenced on July 1, 2019 and continued through June 30, 2021.
On May 18, 2021, City Council approved Amendment No. 1 to CON-19-28 to extend the contract term two (2) years through June 30, 2023, per the terms of the contract; add additional services to the scope of work, and increase the annual contract amount by $16,565.44 to $688,697.44. The additional work included adding the shrubs along the west side of Mt.
Waterman Street to the scope of work for Ellis Park and increasing the landscape maintenance frequency at Fire Stations No. 1 and No. 2 from quarterly to weekly. Merchants agreed to provide the additional services at no additional cost. The increase in the annual contract amount was the result of a 2.6% increase in the annual base maintenance amount of the contract.
At this time, the Public Works staff wishes to add the following services to the scope of work and increase the annual amount of the contract by $171,696 accordingly. Additional turf renovation at the Sports Park to repair damage caused by the Crawfish Festival, BBQ Festival and Lobster Festival for an amount not to exceed $103,250 annually.
Spraying of synthetic weed control chemicals along all of the City’s residential right-ofways following the City’s contracted street sweeper for an amount not to exceed $34,223 per application, up to a total of $68,446 for two applications at the City’s request per year.
Amendment No. 2 to CON-19-28
September 20, 2022
Additional Turf Renovation at the Sports Park
The Fountain Valley Sports Park is the City’s largest and most popular recreational facility, hosting several special events, multiple user groups and over 100,000 people per year. This heavy usage stresses and damages the turf, making it necessary to schedule downtime throughout the year to aerate, reseed and restore the turf so it can continue to be enjoyed by the community. Large special events, such as Summerfest, require extensive renovations after the event to fill in uneven areas, reseed and install turf as needed to remediate the damage caused by vehicles, large crowds, tents, fencing, carnival equipment, etc.
With the addition of the Crawfish Festival, BBQ Festival and Lobster Festival at the Sports Park in 2022, additional turf renovation beyond what is included in the contract is needed to restore the playing fields. Merchants provided a proposal for the additional turf renovations at a total cost of $103,250. This includes the installation of 1” sod, instead of ½” sod, to reduce the impacts on our user groups by reducing the downtime needed for the turf to take root from 3-4 weeks to 1-2 weeks.
Application of Synthetic Weed Control Chemicals Along Residential Right-of-Ways Previously the City of Fountain Valley had a Chemical Applicator on staff who would follow behind the street sweeper to spray weed control chemicals along the City’s residential rightof-ways twice a year. The purpose of this program was to help preserve the City’s roads, curbs, gutters, and sidewalks by killing weeds that could cause damage to the City’s infrastructure.
However, due to vacancies and staffing changes, this program was suspended in 2018 and the City no longer has a Chemical Applicator position.
Following the decision to eliminate the Chemical Applicator position, staff requested quotes from the City’s two landscape maintenance contractors to provide this service. Merchants provided a quote as requested, but Nieves Landscape, Inc. chose not to respond because they do not have the equipment needed for the work.
Merchant’s quote provided two options. Option 1 utilizes synthetic chemicals at a cost of $34,223 per application. Option 2 utilizes organic chemicals at a cost of $43,175 per application. Synthetic chemicals are much more effective at weed control than organic options.
The organic chemicals don’t kill the root system, allowing the weeds to grow back in 3-6 weeks.
In addition to being more expensive per application, the organic chemicals would need to be applied 5-6 times a year, compared to only 1-2 times a year for synthetic chemicals. Therefore, the staff is recommending the application of synthetic chemicals at a cost of $34,223 per application, up to a total of $68,446 for two applications at the City’s request per year.
The addition of the work described above will increase the annual amount of the contract by $171,696.
The additional services will support the City’s strategic goal of enhancing the culture and environment of “A Nice Place to Live” by restoring the turf at the Sports Park for utilization and enjoyment by the community, and preserving the City’s residential right-of-ways through weed abatement. Further, these additional services will support the City’s strategic goal of attracting
Amendment No. 2 to CON-19-28
September 20, 2022
and retaining revenue-producing businesses that utilize the Sports Park for special events and sports activities.
FISCAL REVIEW:
Staff anticipated the need for the additional work being requested and included funding for it in the FY 2022/23 Budget that was adopted by City Council on June 21, 2022. Therefore, the current adopted budget includes sufficient funding for the additional work to be added to CON19-28.
The additional turf renovation at the Sports Park will be expensed to the General Fund in the Public Works Department, Recreation Center Service Contracts account (100.50.50558.53010), and the application of synthetic weed control chemicals along the City’s residential right-of-ways will be expensed to the General Fund in the Public Works Department, Park Maintenance account (100.50.50552.53010).
Account Number FY 22-23
Cost
FY 22-23
Budget
Sports Park – Base Landscape
Maintenance
100.50.50558.53010 $415,530.00
Sports Park – Extra Work 100.50.50558.53010 $15,000.00* Sports Park – Additional Turf
Renovation (NEW)
100.50.50558.53010 $103,250.00
Subtotal 100.50.50558.53010 $533,780.00 $535,530.00
Parks – Base Landscape
Maintenance
100.50.50552.53010 $204,884.00
Parks - Extra Work 100.50.50552.53010 $20,000.00*
Civic Facilities – Base Landscape
Maintenance
100.50.50552.53010 $33,283.44
Synthetic Weed Control Chemical
Application (NEW)
100.50.50552.53010 $68,446.00
Subtotal 100.50.50552.53010 $326,613.44 $328,168.00
Annual Contract Cost $860,393.44*
*$825,393.44, with a contingency of $35,000.00 for extra work requested by the City PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved Amendment No. 2 to CON-19-28.
Amendment No. 2 to CON-19-28
September 20, 2022
ALTERNATIVES:
Alternative No. 1: Approve Amendment No. 2 to CON-19-28 with Merchants Landscape Services, Inc. for Sports Park, Parks and Civic Facilities Landscape Maintenance Services to add additional services to the scope of work and increase the annual contract amount by $171,696. This is the recommended action.
Alternative No. 2: Approve Amendment No. 2 to CON-19-28 with revisions at the direction of City Council to exclude the additional turf renovations at the Sports Park or the application of synthetic weed control chemicals to the City’s residential right-of-ways. This is not recommended as the work is needed to repair the turf damage caused by the additional special events at the Sports Park and to control weed growth that can damage the City’s right-of-ways.
Alternative No. 3: Do not approve Amendment No. 2 to CON-19-28 with Merchants Landscape Services, Inc for Sports Park, Parks and Civic Facilities Landscape Maintenance Services. This is not recommended as the work is needed to repair the turf damage caused by the additional special events at the Sports Park and to control weed growth that can damage the City’s right-of-ways.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 2 to CON-19-28 with Merchants Landscape Services, Inc. for Sports Park, Parks and Civic Facilities Landscape Maintenance Services to add additional services to the scope of work and increase the annual contract amount by $171,696.
Prepared by: Christine Smith, Management Analyst
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Hye Jin Lee, Director of Public Works
Fiscal review by: Sherry Johnson, Interim Finance Director Approved by: Maggie Le, City Manager
Attachment:
1. Amendment No. 2 to CON-19-28
EXHIBIT A
1510 S Lyon Street., Santa Ana, CA 92705, (800)645-4881 Office, (714)972-3185 Fax August 30, 2022
Gilbert M. Lopez
City of Fountain Valley
17300 Mt. Hermann St.
Fountain Valley, CA 92708
Regarding: Sport Complex – Turf Renovation Fields A-B-C Dear Gil,
Merchants Landscape is pleased to submit the following proposal to provide labor, materials, and equipment to spray chemicals at the above referenced location. The following proposal includes materials, equipment, additional labor, and supervision.
Description
This proposal will be under same scope of work as current contract between Merchants Landscape and City of Fountain Valley Sport Complex Landscape Maintenance.
The following estimate is per your request on 01/19/2022:
Merchants is providing a rough order of magnitude for the annual landscape maintenance cost to repair damage caused by three additional special events from vehicles, large crowds, tents, fencing, carnival equipment, etc.
Due to the fact we are unable to estimate the damages; the following cost is based from previous Annual SummerFest:
Crawfish Festival May 2022: Fields B & C Approx. 130,680 sq. ft. (3 Acres) a) Not to exceed (12,000) sq. ft. to repair bare areas with Bermuda sod 1” cut $22,800.00 Notes: 1. Using Bermuda Tifway 419 1” cut the field will be ready for use in 1-2 weeks
2. Any additional sod @ $1.90 per sq. ft.
b) 3- Acre Turf Aeration using Shatter tines to help with compacted soil $960.00 c) 3- Acre Turf Fertilization with 6-20-20XB with micro nutrients $525.00 d) 3- Acre Turf Fertilization with 15-15-15 $525.00
e) 3- Acre Turf Fertilization Gypsum (pelletized) @ 20- lbs. per 1,000 sq. ft. $1,150.00 f) 130,680 sq. ft. inter-seeding with Bermuda seed Royal TXD (only for May Application) $6,450.00 Note: 2 pounds per 1,000 square feet
g) 104- Tons to Top-dress 130,680 sq. ft. with 80/20 (sand/organics) $7,800.00 Note: To help leveling uneven areas and cover new seed
h) Install approx. (2,272) lineal feet safety PVC vinyl orange fence 48” $2,272.00 Total Cost per Field $42,482.00
1510 S Lyon Street., Santa Ana, CA 92705, (800)645-4881 Office, (714)972-3185 Fax BBQ Festival August 2022: Field ‘A’ Approx. 65,340 sq. ft. (1.5 Acres) a) Not to exceed (6,000) sq. ft. to repair bare areas with Bermuda sod 1” cut $11,400.00 Notes: 1. Using Bermuda Tifway 419 1” cut the field will be ready for use in 1-2 weeks
2. Any additional sod @ $1.90 per sq. ft.
b) 1.5- Acre Turf Aeration using Shatter tines to help with compacted soil $480.00 c) 1.5- Acre Turf Fertilization with 6-20-20XB with micro nutrients $262.50 d) 1.5- Acre Turf Fertilization with 15-15-15 $262.50
e) 1.5- Acre Turf Fertilization Gypsum (pelletized) @ 20- lbs. per 1,000 sq. ft. $575.00 f) 65,340 sq. ft. inter-seeding with Grand Slam Saline or FS $2,290.00 Note: 7 pounds per 1,000 square feet
g) 50- Tons to Top-dress with 80/20 (sand/organics) $3,750.00 Note: To help leveling uneven areas and cover new seed
f) Install approx. (1,136) lineal feet safety PVC vinyl orange fence 48” $1,136.00 Total Cost per Field $20,156.00
Lobster Festival September 2022: Field B & C Approx. 130,680 sq. ft. (3 Acres) a) Not to exceed (12,000) sq. ft. to repair bare areas with Bermuda sod 1” cut $22,800.00 Notes: 1. Using over-seeded Bermuda Tifway 419 1” cut the field will be ready for use in 1-2 weeks
2. Any additional sod @ $1.90 per sq. ft.
b) 3- Acre Turf Aeration using Shatter tines to help with compacted soil $960.00 c) 3- Acre Turf Fertilization with 6-20-20XB with micro nutrients $525.00 d) 3- Acre Turf Fertilization with 15-15-15 $525.00
e) 3- Acre Turf Fertilization Gypsum (pelletized) @ 20- lbs. per 1,000 sq. ft. $1,150.00 f) 130,680 sq. ft. inter-seeding with Grand Slam Saline or FS $4,580.00 Note: 7 pounds per 1,000 square feet
g) 104- Tons to Top-dress with 80/20 (sand/organics) $7,800.00 Note: To help leveling uneven areas and cover new seed
h) Install approx. (2,272) lineal feet safety PVC vinyl orange fence 48” $2,272.00 Total Cost per Field $40,612.00
Grand Total $103,250.00
If you have any questions regarding this proposal, please contact Martin Herrera at (800) 64-4881.
Sincerely,
Martin Herrera
Branch Manager
EXHIBIT B
1510 S. Lyon Street., Santa Ana, CA 92705, (800) 645-4881 Office, (714) 972-3185 Fax September 6, 2022
Gilbert M. Lopez
City of Fountain Valley
17300 Mt. Hermann St.
Fountain Valley, CA 92708
Regarding: Roadsides: Chemical Spray Sweeping Day
Dear Gil,
Merchants Landscape is pleased to submit the following proposal to provide labor, materials, and equipment to spray chemicals at the above referenced location. The following proposal includes materials, equipment, labor, and supervision.
Description
Per your request, the following proposal is to spray chemicals along the joins between the sidewalks, curbs between the asphalt and concrete, and asphalt pavement up to the “CROWN”.
The proposal is based in the Street Map provided by your office showing the schedule for the Contract Sweeping service.
Option 1: Spray program using Synthetic Chemicals Following the sweeping schedule:
Using post-emergent Roundup ‘Custom’.
a) Chemical applicators not to exceed (480) hours @ $48 each $23,040.00 b) Materials Roundup ‘Custom’: Not to exceed 50-Gallons product $4,433.00 c) Mobilization up to 27-different days $6,750.00
Total $34,223.00 One Time Application
Option 2: Spray program using Organic Chemicals Following the sweeping schedule:
Using Suppress Herbicide EC versus Avenger Herbicide. I want you to know that our vendor UNIVAR did an experiment with the leading organic herbicides last year. Both Avenger and Suppress were in the test. I want you to know that Avenger was used at 34 ounces to 1 gallon of water and Suppress was used at 11 ounces per gallon of water.
The Avenger did not kill the test plot at 34 ounces of active ingredient, the fescue turf came right back after 3 weeks.
The Suppress Herbicide performed much better and killed the test plot at 11 ounces per gallon of water. Basically, Avenger at 34 ounces is not effective and cost prohibited. I would highly recommend not using Avenger Herbicide at all!.
At this moment all organics chemicals don’t kill the root system and eventually weeds will grow back at any time between 3-6 weeks.
a) Chemical applicators not to exceed (480) hours @ $48 each $23,040.00 b) Materials: Suppress Herbicide EC. Not to exceed 120-Gallons Product $13,385.00 c) Mobilization up to 27-different days $6,750.00
Total $43,175.00 One Time Application
Note: Option #2 may need to be done 5-6 times a year compared with Synthetic chemicals 1-2 times per year
1510 S. Lyon Street., Santa Ana, CA 92705, (800) 645-4881 Office, (714) 972-3185 Fax Terms: This bid may be withdrawn by us if not accepted within thirty days.
Proposal Accepted: _______________________________ Date: _____________________ Signature
_______________________________
Print Name
_______________________________ Start Date: _________________ Title
If you have any questions regarding this proposal, please contact Martin Herrera at (800) 64-4881.
Sincerely,
Martin Herrera
Branch Manager
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Arterial Street Rehabilitation and Resurfacing - Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits, Project No. 2422221006 (TI277)
1) Accept the bids and award a construction contract for $1,738,521.88 to R.J. Noble Company for the arterial streets rehabilitation project construction; 2) Accept the proposal and authorize Staff to issue a Purchase Order to Ninyo & Moore Geotechnical & Environmental Sciences Consultants on-call contract for Material Testing Services for $15,857.00; and,
3) Approve a Project Budget Amendment for $450,000
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
On September 1, 2022, the City received five (5) bids for the Arterial Streets Rehabilitation and Resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits, Project No. 2422221006 (TI277). The apparent lowest responsible bidder, R.J. Noble Company, submitted a bid for $1,738,521.88 per the City requirements and specifications. In addition, Ninyo & Moore Geotechnical & Environmental Sciences Consultants submitted a proposal for material testing services for $15,857.00.
This project provides rehabilitation and resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits. The project also includes concrete improvements (i.e. sidewalk and curb ramp improvements to meet ADA compliance along all pedestrian pathways in this area). The construction is estimated to begin in October
Project No. 2422221006 (TI277) Award – Heil Avenue & Ward Street September 20, 2022
2022 between the hours of 7:00 a.m. – 5:00 p.m., Monday through Friday, and conclude in December 2022.
Staff recommends that the City Council:
1) Accept the bids and award a construction contract for $1,738,521.88 to R.J. Noble Company for the arterial streets rehabilitation project construction; 2) Accept the proposal and authorize Staff to issue a Purchase Order to Ninyo & Moore Geotechnical & Environmental Sciences Consultants on-call contract for Material Testing Services for $15,857.00; and,
3) Approve a Project Budget Amendment in the amount of $450,000.
DISCUSSION:
Utilizing the City’s Pavement Management Program (PMP), Public Works Staff identified Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits as this year’s arterial streets improvement projects. The scope of work for the projects includes the removal and reconstruction of deteriorated sections of the roadway and placement of a rubberized asphalt concrete overlay covering the entire project’s limits. The use of rubberized asphalt concrete provides numerous benefits (i.e. highly skid-resistant surface that reduces noise and resists rutting.) Thanks to this project, approximately 38,000 tires will be recycled and diverted from landfills making rubberized asphalt concrete environmentally friendly. This project will also provide for various concrete improvements, including curb and gutter, sidewalk sections, driveway approaches, and ADA-compliant curb ramps. These improvements will provide for a better ride quality and service life for Heil Avenue and Ward Street while also providing ADA-compliant pathways for pedestrians. Construction is estimated to begin in October 2022 and conclude in December 2022. Construction hours are between 7:00 a.m. – 5:00 p.m., Monday through Friday.
On September 1, 2022, the City received five (5) bids for Project No. 2422221006 (TI277), the Rehabilitation and Resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits. The apparent lowest bidder, R.J. Noble Company, submitted a bid for $1,738,521.88 per the engineering plans/specifications and City requirements.
The following is a summary of the bids received:
1. R.J. Noble Company $1,738,521.88
2. Hardy & Harper, Inc. $1,785,000.00
3. Sequel Contractors, Inc. $1,791.514.70
4. All American Asphalt $1,983,111.00
5. ONYX PAVING COMPANY INC. $2,037,000.00
Engineer’s Estimate $1,500,000
The lowest bidder, R.J. Noble Company, has completed similar projects for the City as well as other Orange County municipalities and has proven to be a reliable contractor.
Project No. 2422221006 (TI277) Award – Heil Avenue & Ward Street September 20, 2022
Staff solicited fees for geotechnical/soils testing services from the City’s On-Call List for Material Testing Services. Ninyo & Moore Geotechnical & Environmental Sciences Consultants submitted a proposal for materials testing services for $15,857.00.
FISCAL REVIEW:
Note that, as in all of the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount. When the Council approves the contract, it approves this authority. 10% is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay damages that could be incurred when a contractor must stop work and wait for authorization to proceed.
The proposed budget amendment of $450,000 will be funded by Measure M.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the R.J. Noble Company contract for construction and the Ninyo & Moore Geotechnical & Environmental Sciences Consultants oncall contract for material testing services.
ALTERNATIVES:
Alternative No. 1: This is the recommended action.
Project No. 2422221006 (TI277) Award – Heil Avenue & Ward Street September 20, 2022
1) Accept the bids and award a construction contract for $1,738,521.88 to R.J. Noble Company for the arterial streets rehabilitation project construction; 2) Accept the proposal and authorize Staff to issue a Purchase Order to Ninyo & Moore Geotechnical & Environmental Sciences Consultants on-call contract for Material Testing Services for $15,857.00; and,
3) Approve the Project Budget Amendment in the amount of $450,000.
Alternative No. 2: Reject all bids and rebid Project No. 2422221006 (TI277).
This is not the recommended action as this will likely result in higher bids, which will compromise the City’s ability to execute the much-needed rehabilitation and resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits.
Alternative No. 3: Cancel the project.
This is not the recommended action, as this will not allow the City to provide the much-needed roadway rehabilitation and resurfacing on Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits.
RECOMMENDATION:
Staff recommends that the City Council: 1) Accept the bids and award a construction contract for $1,738,521.88 to R.J. Noble Company for the arterial streets rehabilitation project construction; 2) Accept the proposal and authorize Staff to issue a Purchase Order to Ninyo & Moore Geotechnical & Environmental Sciences Consultants on-call contract for Material Testing Services for $15,857.00; and, 3) Approve a Project Budget Amendment in the amount of $450,000 from Measure M fund.
Prepared by: Terri Phan, Management Aide
Recommended by: Kyle Hilton, Associate Engineer
Reviewed by: Temo Galvez, Deputy Public Works Director / City Engineer Approved by: Hye Jin Lee, Director of Public Works
Fiscal review by: Sherry Johnson, Interim Finance Director Approved by: Maggie Le, City Manager
Attachments:
1. R.J. Noble Company Contract for Project No. 2422221006 (TI277)
2. Ninyo & Moore Geotechnical & Environmental Sciences
Consultants On-Call Materials Testing Contract CON 22-27
Project No. 2422221006 (TI277) Award – Heil Avenue & Ward Street September 20, 2022
3. Ninyo & Moore Geotechnical & Environmental Sciences
Consultants On-Call Materials Testing Proposal
2 PWK20201211
CONTRACT
CON-___-___
This AGREEMENT is made and entered into this 20th day of September, 2022, by and between the CITY OF FOUNTAIN VALLEY, hereinafter referred to as “CITY,” and R.J. Noble Company, hereinafter referred to as “CONTRACTOR.”
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged, CITY and CONTRACTOR mutually agree as follows:
SCOPE OF THE WORK AND CONTRACT SUM
1. Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, utility and transportation services required to construct Project No. 2422221006 (TI277), Rehabilitation and Resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits(hereafter referred to as “PROJECT”).
2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled Project No. 2422221006 (TI277), Rehabilitation and Resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits and CONTRACTOR agrees to do everything required by this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS.
All labor, materials, tools, equipment, and services shall be performed under the direction, administration, and subject to the approval of CITY or its authorized representatives.
3. Contract Sum. CITY agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, the sum of one million seven hundred thirty-eight thousand five hundred twenty-one dollars and eighty-eight cents ($1,738,521.88).
NOTICE TO PROCEED AND TIMING
4. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a “Notice to Proceed” has been given to CONTRACTOR by CITY and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by CITY.
5. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this AGREEMENT on the start of construction date specified in the “Notice To Proceed” and to diligently prosecute the work to completion by the completion date specified in the Notice to Proceed, which the parties agree is FORTY (40) WORKING DAYS.
6. Time of the Essence. Time is of the essence of this AGREEMENT.
7. Liquidated Damages/Additional Actual Damages. It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth herein, damage will be sustained by
3 PWK20201211
the CITY, and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay. It is therefore agreed the CONTRACTOR will pay to the CITY the sum of FIVE THOUSAND SEVEN HUNDRED and 00/100 Dollars ($5,700) per calendar day for each and every day of delay in finishing the work in excess of the number of days prescribed in Section 5, and the CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees that the CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder.
Liquidated damages shall be a measurement of the sum to compensate the public for inconvenience from not having the work completed on time and the cost of CITY staff to monitor the job beyond the completion date. CITY shall further be entitled to recover its additional actual damages incurred which shall be supplemental to the liquidated damages.
Provided strict compliance with Section 22 below is effected, the CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein 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, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes.
JOB PROGRESS AND COOPERATION
8. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis throughout the project. CONTRACTOR agrees to meet with CITY’s PROJECT MANAGER or designee on a weekly or other periodic basis, or as requested by CITY to review job progress.
PROJECT MANAGER for purposes of this AGREEMENT shall be the Director of Public Works or such designee as has been given the authority for this project in a written designation.
CONTRACTOR agrees to provide CITY with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR’s claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR’s planned early completion are prohibited.
9. Cooperation. CONTRACTOR agrees to cooperate with CITY’s PROJECT MANAGER or designee and to provide submittals and participate in meetings in a good faith effort to complete the project. If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide CITY with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR’s strict compliance with Section 22 if additional time or money is sought.
10. CONTRACTOR’S Independent Investigation.
(a) No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this AGREEMENT out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Section 22 of this AGREEMENT.
4 PWK20201211
(b) Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent “conditions indicated” as being in existence and are provided for the convenience of the parties in making their own investigation.
PREVAILING WAGES & LABOR, WAGE, AND HOURS LAWS
11. Compliance with the Davis-Bacon Act. This provision does not apply to this AGREEMENT.
12. Public Work/DIR Registration. Notice is provided pursuant to Labor Code Section 1781 that this is a “public work” as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTACTOR shall pay prevailing wages, unless exempt. All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations using online form 100.
13. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request.
CONTRACTOR shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.
14. Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Electronic certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776 subdivision (a) of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT.
15. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any subcontractor under CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.
16. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring
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the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR.
17. Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any sums owed pursuant to this AGREEMENT.
PROGRESS PAYMENTS AND RETENTION
18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the fifteenth (15th) day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY and thereafter prior to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY, less all previous payments and authorized deductions, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. Pursuant to Public Contract Code 7107, CITY shall make the final payment, if unencumbered, or any part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding the foregoing, CONTRACTOR shall provide CITY with all documentation required by this AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any other documents required by the CONTRACT DOCUMENTS, such as as-builts, red-line plans, manufacturers and specific guarantees, and owner’s manuals prior to receiving final payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the Director of Public Works, stating that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT, and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing herein shall limit CITY’s right to withhold one hundred fifty percent (150%) of disputed amounts in the event of a good faith dispute.
19. Prompt Payments. CITY agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50.
20. Retention Securities. Pursuant to California Public Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the AGREEMENT.
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21. Federal Participation. This provision does not apply to this AGREEMENT. If this project had involved federal funds, other provisions would be incorporated into this AGREEMENT.
If those provisions had applied, the Davis-Bacon Act would govern the payment of prevailing wages.
CHANGE ORDERS / EXTRA TIME / EXTRA WORK
22. Request for Extra Time or Additional Compensation. The following provisions must be strictly complied with to obtain additional time to complete the job or to obtain additional compensation:
(a) Request for Change Order – Additional Time. The CONTRACTOR shall promptly notify the CITY of any delay and shall within ten (10) days from the beginning of any such delay notify the CITY in writing of the cause of the delay, and the CITY shall extend the time for completing the work if in its judgment the cause so merits. The CITY’s determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the CITY’s PROJECT MANAGER within ten (10) days of the beginning of such delay. No adjustment shall be allowed for such delay unless there is strict compliance with this contractual provision. CONTRACTOR’s remedy shall be limited to the extra days granted and to any damages that it may be entitled to using the formula agreed to by the parties for all damages as provided in Section 22. (b) Request for Change Order – Additional Compensation Sought. (i) Should CONTRACTOR claim that the CITY is demanding extra work from it or consider any work demanded of it to be outside the requirements of this AGREEMENT or if it considers any instruction, ruling, or decision of the PROJECT MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the PROJECT MANAGER, stating clearly and in detail his objections and the reasons therefor. Except for such protests and objections as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived and does hereby waive all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decision of the PROJECT MANAGER.
(ii) Should CONTRACTOR claim that additional compensation is due it because of an unforeseen condition, CONTRACTOR shall bring that to CITY’s attention promptly and, within ten (10) days, shall submit a written request for change order to CITY. Except for such claims as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived and does hereby waive all claims for additional compensation on account of unforeseen conditions. (c) Request for Change Order – City Form to Be Used. CITY’s Request for Change Order form, which is attached hereto as part of this AGREEMENT, shall be the form that must be submitted in a timely fashion for a request for either additional time or additional compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those purposes and understands that, if he does not submit that form in a timely manner, he waives the right to request additional time or compensation. No oral modifications or other forms of communication shall be accepted as compliance with this provision.
Contractor’s Initials ________
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(d) Change Order. Should CITY agree that a change order is warranted for either additional time or compensation, a written change order shall be executed. If CITY does not agree to the change order, and CONTRACTOR has provided timely notices and submitted its written request for change order in a timely manner, CONTRACTOR will have preserved the issue for later resolution in compliance with other procedures set forth in this AGREEMENT or as the law (including, but not limited to, Public Contract Code 9204) may otherwise require or allow. (e) Change Order Authority. The following authority is hereby given to make change orders:
(i) Change Orders for Extra Time. The City Manager, Director of Public Works, or PROJECT MANAGER shall have the authority to grant extra days without limit. (ii) Change Orders for Extra Compensation. The Director of Public Works shall have the authority to make change orders up to an aggregate amount of Ten Percent (10%) of the original contract amount.
23. Damages / Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the following damage formula shall be used to measure all of CONTRACTOR’s damages or extra work required by this job. CONTRACTOR shall be limited to the following:
Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Subcontracted work 10% (first $5,000)
Subcontracted work 5% (work in excess of first $5,000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three (3) competitive bids are obtained
and CONTRACTOR selected
the lowest bidder)
Excluded from recovery shall be “Eichleay damages,” home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest.
CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this Section.
Contractor’s Initials ________
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SUBCONTRACTING
24. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the provisions of the “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.) and agrees to comply with all applicable provisions thereof. If any part of the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this AGREEMENT. Upon request, certified copies of any or all subcontracts shall be furnished to CITY.
The subcontracting of any or all of the work to be done will in no way relieve CONTRACTOR of any part of his responsibility under the AGREEMENT. Pursuant to Public Contract Code Section 4110, CONTRACTOR’s violation of any of the provisions of the Subletting and Subcontracting Fair Practices Act violates this AGREEMENT and CITY may cancel this AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved. CITY may deduct this penalty from any monies due or that may become due to CONTRACTOR for work performed under this AGREEMENT.
All persons engaged in the work, including subcontractors, will be considered as employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. CITY will deal directly with and make all payments to CONTRACTOR.
When a subcontractor fails to prosecute a portion of the work required under this AGREEMENT in a manner satisfactory to the CITY, CONTRACTOR shall remove such subcontractor immediate upon written request of the CITY, and shall request approval of a replacement subcontractor to perform the work in accordance with the Subletting and Subcontracting Fair Practices Act at no added cost to the City.
STOP NOTICES
25. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop notice, CITY shall withhold from payment to CONTRACTOR sufficient funds due or to become due to pay the claim stated in the stop notice and provide for reasonable costs of litigation. One hundred twenty five percent (125%) of the amount of the claim stated in the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized by law, CONTRACTOR shall reimburse CITY for administrative expenses incurred in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in CONTRACTOR’s payment bond. CITY shall have the right to deduct any such expenses from amounts due or to become to CONTRACTOR under this AGREEMENT.
COMPLETION
26. CONTRACTOR’S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims on CITY’s form. The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT unless otherwise stated in said document.
27. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the CITY and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from the date of acceptance, without expense whatsoever to the CITY, ordinary wear and tear and usual abuse or
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neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the CITY is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefor immediately on demand. This guarantee shall be in addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall provide those manufacturer and specific guarantees before CONTRACTOR may claim entitlement to final payment.
INDEMNIFICATION
28. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers 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 negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the sole or active negligence or willful misconduct of CITY, provided such sole or active negligence or willful misconduct 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 solely or actively negligent or committed willful misconduct, and where CITY’s sole or active negligence or willful misconduct 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 sole or active negligence or willful misconduct of CITY.
Notwithstanding any limits provided for indemnification, CONTRACTOR’s duty to defend is broader. To the fullest extent permitted by law, CONTRACTOR agrees to provide CITY with a defense, with counsel reasonably acceptable to CITY, or pay CITY’s costs of defense, upon service of any complaint, petition, or other pleading that requires CITY to defend itself in any proceeding arising out of the work described in this AGREEMENT. Said obligation shall not extend to disputes between CONTRACTOR and CITY.
INSURANCE
29. Insurance. Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, 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.
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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, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate.
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 Work 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.
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; and Policies shall “follow form” to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars 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 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
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suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance as specified below.
The named insureds shall be CONTRACTOR, all Subcontractors (excluding those solely responsible for design Work) of any tier, suppliers, and CITY and its officers, officials, employees, and agents. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY.
Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. 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) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits.
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this AGREEMENT. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements 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.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
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Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.
CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
30. Workers’ Compensation.
i. CONTRACTOR shall carry Workers’ Compensation Insurance and require all subcontractors to carry Workers’ Compensation Insurance as required by the Labor Code of the
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State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies:
“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 AGREEMENT.” ii. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser premium costs or for other improper purposes. CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers’ compensation premiums or for other unlawful purposes, it shall be considered a material breach of this AGREEMENT.
31. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and prior to commencing the Work on the Project, the CONTRACTOR shall file with the CITY good and sufficient labor and material payment bond (Payment Bond) and performance bond (Performance Bond) in the amount of one hundred percent (100%) of the Contract Sum covering performance of the Work other than the professional design services portion of the Work. The Performance Bond and Payment Bond shall be in the form required by the CONTRACT DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased as, when and in the amount of any Change Orders that are executed increasing the Contract Sum, the CONTRACTOR shall, upon request by the CITY, provide evidence of such increases. Should the Payment Bond or Performance Bond or any Surety on such bond become or be determined by the CITY to be insufficient, it shall be replaced within ten days by a bond that fully complies with the requirements of this Section. No further payments to the AGREEMENT for the Work performed shall be made or due until the CONTRACTOR has fully complied with the requirements of this Section.
Duration. The Payment Bond shall remain in effect until acceptance of the Work and payment of all stop notices and claims by the CONTRACTOR or the Subcontractors, of any Tier, have been satisfied. The Performance Bond shall remain in effect and assure faithful performance of all the CONTRACTOR’s obligations under the CONTRACT DOCUMENTS, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, CONTRACTOR’s warranty, commissioning and indemnity obligations.
Surety. At the time the AGREEMENT is signed and at all times thereafter until Final Payment has been made by the CITY, the Surety on the Payment Bond shall be an Admitted Surety and the Surety on the Performance Bond shall be a licensed Surety in good standing with the California Department of Insurance, and having an A.M. Best's Insurance Rating of not less than A-: VI.
Premiums. The premiums for all bonds are included in the Contract Sum and shall be paid by the CONTRACTOR.
Obligee. The Payment Bond and Performance Bond shall each name the CITY as obligee.
All bonds purchased by the Subcontractors shall name the CONTRACTOR and the CITY as dual obligees.
No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders, Modifications and adjustments to the Contract Sum or Contract Time shall in no way release or
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exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be waived by the Surety. The foregoing provision shall be included in the terms of the Payment Bond, Performance Bond and any bonds obtained by the Subcontractors.
Communications. The CITY shall have the right to communicate with the CONTRACTOR’s sureties with respect to matters that are related to the CONTRACTOR’s performance of its obligations under the CONTRACT DOCUMENTS. Such communications shall not create, or be interpreted as creating, any contractual relationship between the CITY and the Surety.
No limitation. The requirements of this Section pertaining to the Performance Bond and the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may have under Applicable Law to provide bonding for the benefit of and to assure payment to the Subcontractors or Subconsultants performing the Work for the Project.
TERMINATION
32. Termination.
A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, CITY shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or in part.
B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this AGREEMENT, CITY shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as CITY may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with CITY, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by CITY from any money due or that may become due CONTRACTOR.
C. Without limiting any rights which CITY may have by reason of any default by CONTRACTOR hereunder, CITY reserves the right to terminate this AGREEMENT in whole or in part at its convenience. In such event CITY shall compensate CONTRACTOR, subject to deduction for previous payments and authorized deductions: (i) by reimbursing CONTRACTOR for reasonable and necessary expenditures and costs that are actually incurred in performing under this AGREEMENT, (ii) by reimbursing CONTRACTOR for reasonable and necessary expenditures made and costs actually incurred with CITY’s prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this AGREEMENT, and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of the reasonable and necessary work on the PROJECT. In no event, however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less payments previously made and less the AGREEMENT price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to CITY all materials, supplies, work-in-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this AGREEMENT.
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CLAIM RESOLUTION
33. Resolution of Claims. For all claims that are Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less, the provisions of Public Contract Code Section 20104 et seq. (Article 1.5 - Resolution of Construction Claims) shall be followed.
34. Notice to Contractor of Claims. CITY shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the AGREEMENT.
CONTRACT DOCUMENTS AND INTERPRETATION
35. Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated herein by reference and are to be read and construed together as the full, complete, and integrated terms of this AGREEMENT and, collectively with this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS:
A. Notice Inviting Bids
B. Instructions to Bidders
C. General Provisions (incorporating portions of the Caltrans Standard Specifications)
D. Special Provisions (Construction Details)
E. Construction Provisions (Individual Bid Items)
F. Proposal
G. Construction Plans
H. City Public Works Standard Plans
I. City Request for Change Order/Change Order
J. Notice to Proceed
K. Labor and Materials Bond
L. Performance Bond
M. Final Closeout Agreement
36. Interpretation of Incorporated Documents. In the event of any conflict, inconsistency, or incongruity between the provisions of this AGREEMENT and the provisions of any document listed in Section 35 hereof, the provisions of this AGREEMENT shall prevail unless a contrary intent is shown. The parties acknowledge that the Caltrans Standard Specifications is a document that is prepared for use in state street projects and is to be used to supplement this AGREEMENT. As used in the those Standard Specifications, “Engineer” shall refer to CITY’s Director of Public Works-City Engineer, the Attorney General shall mean the Attorney for the City, and laws that pertain exclusively to state projects or contracts shall not apply but instead those provisions pertaining to CITY projects and CITY contracts shall be applied. To the extent the Standard Specifications provide for additional procedures that are not inconsistent with the provisions of this AGREEMENT, those additional procedures shall be interpreted to supplement this AGREEMENT.
This AGREEMENT shall be interpreted as though it had been drafted by the CITY and the CONTRACTOR equally. This AGREEMENT shall be interpreted according to the laws of the State of California.
37. Integration/No Oral Modifications. This AGREEMENT integrates all understandings of the parties. Any amendment to this AGREEMENT must be made in writing and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that CITY is a general law city and that, pursuant to Government Code Section 40602, contract amendments
16 PWK20201211
may only be entered into by compliance with those formalities. Notwithstanding the above, requests for additional time or compensation may be made by following the procedures and using the form incorporated into this AGREEMENT. The limits of authority to enter into such amendments (change orders) shall be those provided in Section 22 of this AGREEMENT.
38. Effect of Invalidity. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.
MISCELLANEOUS
39. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin, or sex.
CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209].
40. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled “Equal Employment Opportunity” and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60).
41. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24, sub-part F, the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by:
(a) Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
1. Degrees of drug abuse in the workplace;
2. The policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs; and
4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace.
(c) Making it a requirement that every employee to be engaged in the performance of the AGREEMENT be given a copy of the statement required by Subsection (a); (d) Notifying employees in the statement required by Subsection (a) that as a condition of employment under the AGREEMENT the employee will:
1. Abide by the term of the statement; and
2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
17 PWK20201211
(e) Notifying CITY in writing within ten (10) calendar days after receiving notice under Subsection (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the CITY;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under Subsection (d)(2), with respect to any employee who is so convicted:
1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of Sections (a), (b), (c), (d), (e), and (f).
42. Permits. The CONTRACTOR shall obtain from the CITY, County, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job.
43. Assignment. No assignment by the CONTRACTOR of this AGREEMENT or any part hereof, or of funds to be received hereunder, will be recognized by the CITY unless such assignment has had prior written approval and consent of the CITY and the Surety.
44. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR’s responsibility to keep the site in a clean, neat, and orderly condition. It shall also be CONTRACTOR’s duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created.
45. Utility Location. CITY acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215.
46. Trenching. If this AGREEMENT involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing, of any:
(a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the AGREEMENT.
The CITY shall promptly investigate the conditions, and if it finds that the conditions do
18 PWK20201211
materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of, or the time required for, performance of any part of the work shall issue a change order in accordance with the procedures described in this AGREEMENT.
In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT. The CONTRACTOR shall retain any and all rights provided either by this AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties provided that CONTRACTOR complies with Section 22 when asserting such claim.
47. Notices. The parties hereto agree that all formal notices required by this AGREEMENT may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows:
CITY: City Clerk
Fountain Valley City Hall
10200 Slater Avenue
Fountain Valley, California 92708
CONTRACTOR: R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
48. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to CITY’s employees, agents, or representatives with a view toward securing this AGREEMENT or securing favorable treatment with respect thereto.
49. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship with, and that he is not in any way associated with, any architect, engineer, or other preparer of the plans and specifications for this project.
50. Copeland "Anti-Kickback" Act. If applicable to this AGREEMENT, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland “AntiKickback” Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of any public work, to give up any part of the compensation to which he is otherwise entitled.
51. Attorney’s Fees. In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONTRACTOR’s duty to provide CITY with a defense at CONTRACTOR’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.
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52. Assignment of Rights. Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.
53. SCAQMD and CARB Compliance. CONTRACTOR agrees to comply with all South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB) requirements, including, but not limited to, compliance with CARB Regulations limiting idling of self-propelled diesel-fueled on-road and off-road vehicles and equipment (25 HP and up) to no more than five (5) consecutive minutes as specified in Title 13 of the California Code of Regulations, section 2449 (d)(2), Idling.
54. Mined Construction Materials. CONTRACTOR shall not purchase mined construction material except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list.
IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date and year first above written.
ATTEST: CITY OF FOUNTAIN VALLEY
City Clerk Mayor
APPROVED AS TO FORM:
HARPER & BURNS LLP
CONTRACTOR
Name: R.J. Noble Company
Attorneys for the City
Address:15505 E. Lincoln Avenue
Orange, CA 92865
APPROVED AS TO CONTENT:
By: Austin Carver (President)
______________________________
Director of Public Works
20 PWK20201211
State of California )
County of _____________________________ )
On __________________________ before me, __________________________________________, Date Here insert Name and Title of the Officer
Personally appeared ________________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature____________________________________
Signature of Notary Public
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 truthfulness, accuracy, or validity of that document.
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PAYMENT BOND
PAGE 1
Bond No.
CITY OF FOUNTAIN VALLEY
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on ___________________, has awarded to R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows:
Project No. 2422221006 (TI277), Rehabilitation and Resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits. Said AGREEMENT is fully incorporated herein by reference.
WHEREAS, said PRINCIPAL is required by the provisions of said AGREEMENT and of the Civil Code to furnish a bond in connection with said AGREEMENT, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)
hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of: _____________________ ($_______), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said PRINCIPAL or his subcontractors, or the heirs, executors, administrators, successors, or assigns thereof, shall fail to pay any person or party listed in California Civil Code Section 9554(b), including any of the persons named in Section 9100 of the Civil Code of the State of California for any materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts require deducted, withheld, and paid over to the Employment Development Division from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then said SURETY will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney’s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 9100 so as to give a right of action to them or their assigns in any suit brought upon the bond.
22 PWK20201211
PAYMENT BOND
PAGE 2
Bond No.
Further, the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the AGREEMENT documents or of the work to be performed thereunder shall in any way affect its obligation on this bond, and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the AGREEMENT documents and/or of the work to be performed thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2022.
R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
PRINCIPAL
By: Austin Carver (President)
Company Representative
In accordance with the AGREEMENT for Project No. 2422221006 (TI277), Rehabilitation and Resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.
By signing below, SURETY certifies that the bonds are issued by admitted surety.
SURETY
By:
Company Representative
APPROVED AS TO FORM:
HARPER & BURNS LLP
Attorneys for the City
City of Fountain Valley
By /s/
23 PWK20201211
FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No.
CITY OF FOUNTAIN VALLEY
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on ___________________, has awarded to R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows:
Project No. 2422221006 (TI277), Rehabilitation and Resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits. Said AGREEMENT is fully incorporated herein by reference.
WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)
hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of: _____________________ ($_______), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burden PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Fountain Valley, its officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.
24 PWK20201211
FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No.
In case suit is brought upon this bond, each party shall bear its own costs and attorney fees.
And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2022.
R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
PRINCIPAL
By: Austin Carver (President)
Company Representative
Project No. 2422221006 (TI277), Rehabilitation and Resurfacing of Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.
By signing below, SURETY certifies that the bonds are issued by admitted surety.
SURETY
By:
Company Representative
APPROVED AS TO FORM:
HARPER & BURNS LLP
Attorneys for the City
City of Fountain Valley
By /s/
APPENDIX C
Proposal - BirJ Docs
TO THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, CAUFORNIA:
The undersigned proposes and agrees, if this Proposal is accepted, to enter into an Agreement with the City of Fountain Valley in the form included in the Contras{ Documents (as defin€d in the Sample Contrac't) to perform all urork as specmed or indicated in the Contract Documenfs.
The undersigned accepts all terms and conditions of the Contract Documents, including, but not limited to, the "Notice lnviting Bids" and the General and Special Provisions of the Contract Specifications.
This Proposat will remain open for the p€riod stated in the "Notice lnviting Bids" unless otherwise required by law. The undersigned will enter into an Agreement within thE time and in the manner specitied in the "Notice lnviting Bids" and the General Provisions and fumish insurance certificates, Payment Bonds, and Performance Bonds required by the Contract Documents.
ln case of default in executing the Agreement within the time and in the manner specmed in the "Notice lnviting Bids" and the General Provisions, the undersigned agrees that the proceeds of the check(s) or bond(s) accompanying this Proposal shall become the propefty of the City of Fountain Valley.
It is understood and agreed that:
(a) the undersigned has carefully examined, so as to become familiar with, the natur€ and extent of the Contract Documents, the location and description of the proposed work, all legal requir€ments (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affeding cost, progress and performance ofthe !rctk and has made such independent investigations as deemed neoessary.
(b) no verbal agreement or conversation with any officer, agent, or employee of the City of Fountain Valley, either betore or afrer execution of the agrcement, shall afiec{ or modify any terms or obligations of this Proposal or the Agreement. (c) the City will not be responsible for any enors or omissions, by the undersigned, in this Propossl, nor will bidders be released on account of enorB or omissions. (d) this Proposal is genuine and not madB in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation other than the City of Fountain Valleyi the undersigned has not directly or indirectly induced or soliciled any other Bidder to submit a false or collusive proposal: the undersigned has not induced or solicited any person, firm or corporation to refrain ,rom submitting a proposali the undersigned has not sought by collusion to obtain any advantage over any other Bidder or the city of Fountain Vallev.
To all the foregoing, including but not limited to all Proposal Schedule(s) and lnformation 1 I Page
PROPOSAL
Required of Bidder contarned in these Proposal Forms, the undersigned agrees to complete the work requared under the Contracl Documents within lhe tame specified in the Conkact Documents, and to accept in full paymenl the Contract Price based on the Total of All Bid ltems as shown rn the Bid Proposal Forms.
SIGNATURE OF BIDDER
(lf an individual, so state. lf a
firm or co-partnership, state the
firm name and list the names of all
individuals, cGparlners composing
the firm. lf a corporataon, state
legal name of corporation, and names
of president, secretary, treasurer, \z
and manager thereof.)
Dac. 09lot12022
R.]. NOBLECOMPANY
15505 E. LINCOLN AVE
ORANGE, CA 92865
Telephone No. ( 714 )
Business Address
637 -t550
I declare under penalty of perjury that the foregoing is true and correct.
Executed this
IST .SEPT _oayor _ar I5505 E. LINCOLN AVE., ORANG Balifornia.
Signature x
Printed Name STE NL. ENDOZA, SECRETARY
Signing on behalf of
(if applicable)
R.J. NOBLE COMPANY
M/,/t.-*-
ASPHALT PAVING ' ENGINEERING CONTRACTORS
Lrc. A-782908
15505 E. LINCOLN AVENUE
ORANGE, CA 92865
COR}ORATE OFFICERS:
AUS'TIN M. CARVER, PRESIDENT
KASONDRA CARVER GONZALEZ, VICE PRESIDENT OF MARKETING
STEVEN L. MENDOZA, SECRETARY
JAMES N. DUCOTE, TREASURER
JACOB BREEDLOVE, ASSISTANT SECRETARY
ORANGE: 15505 E. LINCOLN AVE'P.O.BOX 620'ORANGE, CALIFORNIA 92856-6620. (714) 637-1s50. FAX (714) 921-3347 I
I
,
I
EXHIBIT A
R.J. NOBLE COMPANY A CALIFORNIA CORPORATION
NOTICE OF AFFIRMATIVE ACTION
,NOTICE"
By submitting a proposal on any job or entering into any contractual agreement with the city of Fountain Valley, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age or handicap in performing the work required under this proposal
ACKNOWLEDGEO tnis S- Oay 6 SEPTEMBPR 2022 l5s0s E LINCOLN AVE'' ORANGE' (lA STEVEN L. MENDOZA, SECRETARY
Position
R.J. NOBLECOMPANY
Company
x
euuoazefonfud
NON-COLLUSION DECLARATION
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization. or corporation. The bid is genuine and not collusive or sham. T-he bidder has nof directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded. conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidcler has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder oI any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bicl are true. The bidder has not, directly or indirecily, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relaiive thereto. to any corporation, partnership, company association. organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership ioint venture, limited liability company, limited liability partnership, or any other entity, hereby iepresents that he or she-has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State is true and correct, and that this declaration is executed of California that the
on 09101/2011
foregorng
(date) at
x 7#//at v
STEVEN L, MENDOZA, SECRETARY
sc-ffiT0F----' TITLE
Paui
The undersigned declares. STEVEN L' MENDoZA
t am the-|ffiL of R'l' NoBLE cor\{PANY
, the party making the foregoing bid.
oRAN(;E (city), California.
CALIFORNIA ACKT{OWLEDGMET'IT crvrL cooE 5 fl89
A notary public o. other oflicer completing this certificateverifies onlythe identity ot the individual$rho signed the document to rvhich this certificate is attached, and not the truthfuln€ss, accuracy, orvalidity of that document.
State of California
County of ORANGtr
09t0|/2022 J. DEIONGH. NOTARY PUBLIC
On before me,
DOte Here lnseft Nome ond Title ol lhe Ofticet S'TEVEN L MENDOZA personally appeared t'lome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g iyare subscribed to the within instrument and acknowledged to me that he/sh€lth€y executed the same in hisAerltheir authori2ed capacity(ies), and that ry hiyh€r4h€i{ signaturee on the instrument the personF), or the entity upon behalf of which the person{5) acted, executed the instrument. )
J. DETONGH
ot.ry Publi( ' C'lifo'nia
0range
Commission
I certify under PENALTY OF PERJURY under the
laws of the State of Califo.nia that the ,oregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Counl,
i 7301441
e! Oct 2E, 2021 Ay Comm. ErPir
Ploce Norory Seol ond/or Stomp Above Signotute of l,,lotory Public
OPTIONAL
Document Date Number ofPages:-
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by signer(s)
Signeas Name Signer's Name
o Corporate Offlcer - Title(s): o Co.porate Officer - Title(s):
o Partner - o Limited o General
o lndividual o Attorney in Fact
El Trustee o Guardian or Conservatot
El Partner - o Limited tr General
tr lndividual El Anorney in Fact
O Trustee tr Guardian or Conservator
o Other: o Other:
Signer is Representing:
rt+f,.=5ff.58|nff.jEaatefl€Ellrranlarffr tffi
O2018 National Notary Association
Signature
Compleling this inlomotion con deter olterotion ot the document ot froudulent rcotlochment ol lhis torm to on unintended document.
Description of Attached Document
Title or Type of Document
Signer is Representing:
-
DESIGN ENGINEER MAY NOT BID ON CO STRUCTION CO
ACKNOWLEOGEP 1513 IST d3Y e1 SEPTEMBER 2022rr l s50s 11. LINCoLN AVD., ORANGE. CA 9286s STEVEN L. MENDOZA. SECRETARY
Position
R.I,, NOBLE COMPANY
Company
TRACT
No engineering or architectural firm. which has provided design services for a prolect. shall be eligible to bid on the contract to construct the project. The firms ineligible to bid include lhe prime co;tractor for design, subcontractors of portions of the design, and affiliates of either. An afflliate is a firm that is sublect to the control of the same person(s). through joint ownership or otherwise. \
6 -tt
STATEMENT OF INSURANCE
lnrurance. VVilhout limiting CONTRACTOR's indemnmcation of CITY, and prior to crmmencement of Wotk, CONTRACTOR shall obtain, provide and maintain at its own expense during the Grm of this Agrsemenl, policies of insuranca of the type and amounts desctibed below and in a fom satisfactory to CITY.
General liability insurance. CoNTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as lnsurance services ofiice form cG 00 01, in an amount not less than $1,000,000 per occurence, $2,000,000 general aggtegate, for bodily iniury, personal injury, ard properly damage, including without lim'ttation, blanket contractual liatrility, and a $2,000,000 compleled operations aggregate.
Automobile liabllity inluranco. CoNTRACTOR shall maintain automobib insurance at least as broad as lnsurance Services ffice form CA 00 01 covering bodily iniury and prop€rty damage for all activities of the CoNTRACTOR arising out of or in connection with work to be pe*orileO under this Agreement including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less then $1,000,000 combined single limit for each accid€nt.
Umbrella or ercetr liability insuranee. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,@0 that will provkle bodily injury, personat injury and property damage liability coverage at least as broad as the primary c6verages set toritr iUove, iniUAing commercial general liability and employer's liatility Such policy or policies shall include the following terms and conditions:
. A drop down feature requiring the policy to respond in the event that any primery insur;nce that woutd otherwiie have applied proves to be uncollectable in whole or in part for any reason;
. Pay on behalf of wording as opposed to reimbursement; . Concunency of effective dates with pdmary policies; and . Policies shall "follow form" to the underlying primary policies' . lnsureds under primary policies shall also be insureds under the umbrella or excess policies.
workers, compematlon lnsurance. coNTRACTOR shall maintain workers' compensation tnsurance (Stafutory Limits) and Employer's Liability lnsurance (with limits of at least $i ,SOO,SOd) for COfufRRCtOR 's employees in accordance with the lau6 of the State of california, section 3700 of the Labor code ln addition, CoNTRACTOR shall require each suboontractor to similar! maintain Workers' Compensation lnsurance and Employe/s Liability lnsulance in accordance with the laws of the State of Califomia, Section 3700 for all of lhe subcontractol's emPloyees.
CoNTRACTOR shall submit to clTY, along with the certificate of insurance, a waiver of subrogation endorsement in favor of clTY, its officetE, agents, employees and volunteeG. pollution liabllity lBurance. Environmental lmpairment Liability lnsurance shall b€ written on a Contraclor,s Pollution Liability form or other form acceptable to CITY providing coverage for. tiability arising out of sudden, iccidental and gradual pollution and remediation. The policy limit shall tie no leis than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "coveted operations., The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposel sites. 7 I Page
Producls/completed oparations coverage shall extend a minimum of three years after proiect completion. Coverage shall b€ included on behalf of the insured for covered claims arising out of the adions of independent confactoIs. lf the insured is using subcontsactors, the Policy must include work performed "by or on behalf of the insured. Poliry shall contain no languag€ that would invalidate or .emove the insure/s duty to dshnd or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part ofthe insurer. The CITY, its oficials, oficers, agents, and employees, shall be included as insur€ds under the policy.
Proof of inrurance. CONTRACTOR shall provide cedificates of insurance to CITY as evidence of the insuran@ coverage required h€rein, along with a waiver of subrogation endorsement for workers' compensation. lnsurance certificates and endorsement must be approved by CITY's rbk manager prior to commencement of performance. Current certification of insurance shall be kept on fili wih ClTy at all times during the term of this contrac{. CITY reserves the right to requhe complete, certified copies of all required insurance policies, at any time.
Duration of coverago. CoNTRACTOR shall procure and maintain for the duration of the contrad insu.ance against claims for iniuries to persons or damages to Foperty' wnich may arise from or in connec.tion witfi the performance of the work hereunder by CoNTRACTOR, his agenb, repfBsentatives, employ€es or subcontraciors. CoNTRACTOR must maintain general [rbifity and umbrella or excess liability insurance for as long as thare is a statutory exposule to compieteo operations claims. CI1y and its offcers, oftcials, employees, and agents shall continue as additional insureds under such policies.
clTYs righE of enforcoment ln the event any policy of insurance required under this, ngreemdt does not comply with these requirernentrs or is canceled and not redaced, CITY has th; right 5,1 not the duty to obtain the insurance it d€€ms necessary and any prEmium Paid by Ct1yAil be prompgy reimbursed by CONTRACTOR or CITy will withhold amounts sufficiant to pay premium ftom CONTRACTOR payments. ln the altemative, CITY may cancelthis Agreement.
Accesable inlurclB. All insurance policies shall b€ issued by an insurance company currenuy au6#zed by the lnsurance Commissioner to transac't busin€ss of insuranco in the State of califomia, with an assigned policyholders' Rating of A- (oI higher) and Financial size category Chss Vll (or larg€f) in iccordance with the liatest edition of Best's Key Rating Guide, unless otherwise approved by the CIW's risk manager.
walver of aubrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its eloc{ed or appointed ortcers, agenls, omcials, employees and volunl€ers 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. ooNTRACTOR hereby waives its own right of recovery against Ctfy, and shalirequire similar written exyess waivers and insurance clauses from each of its subconsuttants.
Enforcement of contrrct provl.lon. (non estoppel). CoNTRACTOR acknowledges and agrees that any aaual or aileged failure on the patt of the Clfi to inform CONTRACTOR of non-compliance with any requiremenl impos€s no additional obligations on the clw nol does it waive any rights hereunder.
I I Page
Requiremenb not llmttlng. 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 ooverage nomally provkl€d by any insurance. Specific reftrcnce to a given coverage hature is for purposes of clarification only as it perlains 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.
Notice of cancellation. CONTRACTOR agrees to oblbe its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which aien (10) day notic€ is required) or nonrenewal of coverage for each required coverage.
Addltional insur€d status. General liability policies shall provide or be endorsed to provide that CITY and its offtcers, offcials, employees, and aggnts shall be addilional insureds undef such policies. This provision shall also apply to any excess liability policies. clTY,s riglrt to revise rcquirementr. The clw reseryes the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CoNTRACTOR a ninety (90)-oay advance written notice of such change. lf such change results in substantial additional-cost to the CoNTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR's compensation.
Self.lnsured retentionr. Any self-insured retentions must be declared to and approved by ClTy. CITY reserves the righl to require that setf-insured retentions be eliminated, lolvered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Ttmery notice of claims, CoNTRACTOR shall give cl]] ryompt and timely notice of claims. _
miOl'or suiS instituH that arise out of or result ftom CONTRACTOR's performance under this egr*r"nt, and that involve or may involve coverage under any of the required liability policies.
Additional inlurance. CoNTRACTOR shall also procure and maintain, at its own cost and exp€ns€, any additional kinds of insurance, urtrich in its own judgment may be necessary for its proper protection and prosecution of the Work.
WorkeG' compemation'
i. CONTRACTOR shall carry Workers' Compensation lnsurance and require all subcontractors to carry Workers' Compensation lnsurance as required by the Labor Code ofthe State of California. CONTRACTOR, by executing this AGREEMENT' hereby certmes:
"l 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 undertako 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 AGREEMEMT.' 9l Page
CoNTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their .iob duties to obtain lesser premium costs or for other improper purposes. CONTRACTOR agrees that if it makes false slatements aboul its employees for the purpose of obtaining lower workers' compensation premiums or for other unlawful purposes, it shall be considered a malerial breach of this AGREEMENT. 1ST
ACKNOVVTEDGED this- day of
SEPTEMBER 2oaa.
x
STEVEN L, MENDOZA. SECRETARY
R.'. NOBLE COMPANY
Contrac{o/s Name
I5505 E, LINCOLN AVE,,
Address
ORANGE. CA 92865
City
EQUAL EMPLOYMENT OPPORTUNIW CERTIFICATION
The bidder R.'. NOBLE COMPANY , proposed subcontractor
, hereby certifies that he has-xxl-, has not-, participated in a previous contract or subcontract subJect to the equal opportunity clauses, as required by Executive Orders 10925, 11 I 14, or 1 1246, and that, where required, he has filed with the Joint Reporting committee, the Director of the Oftice of Federal Contract Compliance, a Federal Government contracting 0r administering agency, or the former President's committee on Equal Employment opportunity, all reporls due under the applicable filing requirements Note: The above certification is required by the Equal Employment opportunity Regulations of the Secretary of Labor (41 cFR 60.1.7(b)(1)), and must be submitted by bidders and proposed su'bcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 4'l cFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
currenfly, standard Form 1OO (EEO-1) is the only report required by the Executive orders or lheir implementing regulations
Proposed prime contractors and subcontractors who have participated in a previous coniract or subcontract subiect to the Executive Orders and have nol field the required reports should note that 41 CFR 6O-1.7(bXl) prevents the award of contracts and sibcontracts unless such contractor submits a report covering the delinquent period or such other period specafied by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor' ACKNOWLEDGED this day of lsT SEPTE]VIBER 2022
x
sRI, NOBLE COMPANY
STFf,/EN L. MENDOZA. SECRETARY
Contraclor's Name
I5505 [ I-INCOLN AVE..
Address
ORANGE. CA 92855
City
.a.
RFW24222YAAB Company Name: R.J. NOBLE COI\,IPANY
BIDDER - PAST PROJECT/PERFORMANCE
l. Attach to this the experience resume of the person who will be designated chief construction superintendent or on-site construction manager.
2. List below at least 5 proiects completed within the last 3 years, involving work of similar type and complexity
DATE CONTRACT COMPIETED:
a1i2a21
NAME OE TEE EiMPI,oYER:
CIIY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CA 92675
TIILE OF PROJECT
I,IEREOITH CANYON STREET III,4PROVEMENTS CIP 19101
CONIICA PE!€ON N]AME I
PAUL MESHKIN
CONTACT PEON'! NI'MBER
949-443-6350
CONIRACI A}'OUNT:
$ 3.136.382.50
DATE COI{IRACI COMPLETED :
0212021
Nll.tE OE TlE EUPIOIER:
CITY OF BUENA PARK
ADDRESS OA TBE EMPI,OYER:
6650 BEACH 8LVO,, BUENA PARK, CA 90622
TITIE OF PROJECT
CRESCENT AVENUE PAVEMENT REHABILITATION
COIyIACA PERSON NAUE
NAEIL S. HENEIN
CONTACI PEOTE NUUBER:
714-562-3670
CONIR]ACT AMOUNI :
$ r,ro3,r96.oo
DATE CON!&ACI COMPIETBD
0112022
NA!,IE OE AEE EMPLOYE&:
CITY OF IRVINE
ADDRESS oF'"" *--*i
crvic oENTER pLAzA, tRvlNE, cA92606-5207
TITI,E OE PROJECT:
ANNUAL STREET REHABILITATION
COIIIACT PEEAON NAllIE I
ANTHONY CARAVEO
CONIACI PBONE N('UBER:
949-724-7555 $
sr,or,,orr.oo
DATE CONA&ACT COMPI,ETED :
09121
NI}G OF AEE E}IPI'!ER:
CITY OF EUENA PARK
ADDRESS OE TEE EMPI-OYER:
6650 BEACH BLVO,, BUENA PARK, CA 90622
TttIE OF PROiTECI
2020.21 ANNUAL PAVEMENT REHABILITATION
CONAACI PERSON NA!'E
TEDDY TUONG
CONAACT PEONE N(rltBER:
714-562-3689
CoNIBACI AliiCt tsl:
s $r,rt,zsr.os
DATE CONIRACT COMPIETED :
0422
NAUE OE TEE EMPLOYER
CITY OF ANAHEIM
ADDRESS OE TEE EMPLOYER:
2OO S, ANAHEIII,4 BLVD STE 276, ANAHEII\,{, CA 92605
TITLE OA PROJECT:
ORANGETHORPE AVE,, REHABILITATION
CONTACI PEP.SON N'}'E:
TIM FLINT
CONTACT PEONE Nt'!,tBER:
714-7 65-5271
CONTRACT A!1OI'NT :
$ $1,6E2,309.00
12 | Page
ADDRESS OE TBE EUPI.OXER:
LIST OF SUBCONTRACTORS
Project No.
ALL subcontractot! with complete lnfotmatlon, ls to be lilted in PlanetBids as rpeclfied' The bklder shall list belofl the name and location of the place of busin€ss of each subcontractor ;;;ti;il; wort or render sewices to th€ prime cor$ractor in or about th€ construclion of ine ,rorr-. improvement in ex@ss of one.half of one percent (1l2%) of the prime contracto.r's i"t"i'bid or'ten trousand dollars ($10,000) whichever is greater in accordance wtth the r&uirements ot section 41(p to 4133 inclusive of the public contracts code.
Substitutingasubcontractorinplaceofasubcontractoflistedintreoriginalbidwitt'",t1!99p,:
Ipp[r"i"i.ru""ntracting wo* to wtrich no subcontrador was designated inthe^original bid (and iiri, iiqir-i,"0 t" Oe desig-nated) or other subcontraciing violations, may at the City's discretion, resutt in cancallation of the contract or a ftnancial penahy' *Note: Do not list alternative subcontractors for the same work' 13 | Page
718122,11:16 AM
Legal Entity Name
R.J. NOBLE COMPANY
Legal Entity Type
Corporation
Status
Active
Registration Number
1000004235
Registration efiective date
71112022
Registration expiration date
61301202s
Mailing Address
P.O. BOx 620 ORANGE 92856 CA United States ...
Physical Address
15505 E. LINCOLN AVE ORANGE 92865 CA Unit..
Email Address
Trade Name/DBA
R.J. NOBLE COMPANY
License Number{s)
CSLB:782908
Legal Entity Information
Corporation Number:
Rderal Employment Identification Number:
President Name:
Austin M. Carver
vice President Name:
Kasondra C. Gonzalez
Treasurer Name:
lames N. Ducote
Secretary Name:
Steven L. Mendoza
CEO Name:
Austin M, Carver
Agent of Service Name:
AUSNN M. CARVER
Agent of Service Mailing Address:
15505 E. Lincoln Avenue Orange 92865 CA United States of America Workers Compensation
https://cadirsecure.force.com/ContractorSearch/PrintRegDetails Registration History
Effective Date Expiration Date
61712018 613012079
51812017 613012018
611612076 613012017
6lr6l207s 6130120t6
!212212014 6130120t5
7 l7l20t9 613012022
7l\12022 61301202s
https://cadir.secur€.force.com/ContractorSearch/PrintRegDetails 112 Contractor Information
718122.11:16 AM
Do you lease employees No
through Professional
Employer Organization
(PEO)?:
Please provide your
current workers
compensation insurance
information below:
PEO
PEO InformationName
https://cadir.secure.force.com/Contractorsearch/PrintRegDetails PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name:R.J. NOBLE COMPANYInsurance Carrier:
Travelers Property Casualty Company of AmericaPolicy Number:UB-7N939386-27-25 Inception datezT I 7l 2O2lExpiration Date'.l l7l2022
https://cadir.secure.force.com/ContractorSearch/PrintRegDetails
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com August 26, 2022
Project No. 211984000A
Mr. Regino De Avila
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Subject: Proposal for Materials Testing Services
Heil Avenue and Ward Street Resurfacing Project
Project No. 2422221006 (TI-277)
Fountain Valley, California
Dear Mr. De Avila:
In accordance with your request, Ninyo & Moore is pleased to submit this cost proposal to provide materials testing services during construction of the Heil Avenue and Ward Street Rehabilitation and Resurfacing project in Fountain Valley, California. Based on our review of the project plans and specifications, we understand that the project will generally consist of various improvements to Heil Avenue between Euclid Street and Harbor Boulevard, and Ward Street between Edinger Avenue and the north city limits. The improvements will include asphalt concrete overlay and deep lift repairs, as well as new concrete sidewalks, curb & gutter, cross gutters, driveways and cross gutters. The estimated quantities include 2,024 tons of leveling course, 4,049 tons of asphalt concrete overlay, 948 tons of deep lift asphalt concrete, 4,619 square feet of sidewalk, 1,033 linear feet of curb & gutter, 3,168 square feet of driveway, and 3,134 square feet of cross gutters. We understand that our services will include field observation, sampling and testing to help verify that the construction materials incorporated into the subject project comply with the project documents. We also understand that the anticipated construction duration is 40 working days.
SCOPE OF SERVICES
Based on the information outlined above, our current understanding of the project, and our experience with similar projects, we propose the following services:
• Project coordination and management, including review of the project plans, specifications and special provisions, and work scheduling.
• Attendance at pre-construction meetings and field meetings, as requested. • Field technician services for observation, sampling, testing of soil subgrade and asphalt concrete, including density testing with the nuclear gauge.
Ninyo & Moore | Heil Avenue and Ward Street, Fountain Valley, California | 211984000A | August 26, 2022 • Laboratory testing, including sieve analysis, sand equivalent, Proctor density, Hveem Stability & Unit Weight, and asphalt extraction testing.
• Preparation of field observation reports and test data sheets. Our documents will be made available to our client on a daily basis or provided as requested.
ASSUMPTIONS
The following assumptions have been made in the preparation of our scope of services:
• Our services will be scheduled and coordinated by our client’s field engineer. • Our services are subject to prevailing wage requirements. • Concrete sampling will not be requested.
• A final compaction report will not be requested.
ESTIMATED FEE
We propose to provide our services on a time-and-materials basis in accordance with the attached Schedule of Fees. Our estimated fee for the scope of services described herein is presented in the attached Table 1.
Ninyo & Moore appreciates the opportunity to submit this proposal and looks forward to working with you on this project.
Respectfully submitted,
NINYO & MOORE
Andy Rodriguez
Senior Project Manager
Alfredo “Tino” Rodriguez
Principal, Construction Services
AER/AR/sc
Attachments: Table 1 – Breakdown of Estimated Fee
Schedule of Fees
Field Technician
Subgrade Preparation 8 hours @ 98.00$ /hour 784.00 $
AC Pavement Placement 80 hours @ 98.00$ /hour 7,840.00 $ AC Batch Plant Inspection 16 hours @ 98.00$ /hour 1,568.00 $ Field Vehicle and Equipment Usage 104 hours @ 15.00$ /hour 1,560.00 $ Subtotal $ 11,752.00
Sieve Analysis (CT 202) 3 tests @ 145.00$ /test 435.00 $ Sand Equivalent (CT 217) 3 tests @ 125.00$ /test 375.00 $ Maximum Density (ASTM 1557) 2 tests @ 220.00$ /test 440.00 $ AC Hveem Maximum Density (CT 375) 3 tests @ 225.00$ /test 675.00 $ AC Extraction (% oil content) 3 tests @ 150.00$ /test 450.00 $ Subtotal $ 2,375.00
Senior Project Engineer/Geologist/Environmental Scientis 10 hours @ 173.00$ /hour 1,730.00 $ Subtotal $ 1,730.00
TOTAL ESTIMATED FEE $ 15,857.00
Table 1 – Breakdown of Estimated Fee
Project Technical Support
Field Services
Laboratory Analyses
Ninyo & Moore | Heil Avenue and Ward Street, Fountain Valley, California | 211984000A | CA12 | August 26, 2022 1
Ninyo & Moore | Heil Avenue and Ward Street, Fountain Valley, California | 211984000A | August 26, 2022 CA12 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist................................................$ 188 Senior Engineer/Geologist/Environmental Scientist .................................................................................................$ 178 Senior Project Engineer/Geologist/Environmental Scientist.....................................................................................$ 173 Project Engineer/Geologist/Environmental Scientist.................................................................................................$ 165 Senior Staff Engineer/Geologist/Environmental Scientist.........................................................................................$ 150 Staff Engineer/Geologist/Environmental Scientist.....................................................................................................$ 134 GIS Analyst................................................................................................................................................................$ 123 Technical Illustrator/CAD Operator ...........................................................................................................................$ 98 Field Staff
Certified Asbestos/Lead Technician......................................................................................................................... $ 173 Field Operations Manager.........................................................................................................................................$ 119 Nondestructive Examination Technician (UT, MT, LP).............................................................................................$ 114 Supervisory Technician ............................................................................................................................................ $ 104 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................. $ 104 Senior Technician..................................................................................................................................................... $ 103 Technician................................................................................................................................................................. $ 98 Administrative Staff
Information Specialist ................................................................................................................................................$ 83 Geotechnical/Environmental/Laboratory Assistant ...................................................................................................$ 81 Data Processor..........................................................................................................................................................$ 71 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.
Ninyo & Moore | 2021 Laboratory Testing
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293 .....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI.................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 422, CT 203........................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non-Shrink Grout, C 109 ..................................................................$ 55 Moisture Only, D 2216, CT 226 .................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 6913, CT 202................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.......................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142 ...................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791 ...........................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 .....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 Fireproofing Density Test, UBC 7-6 ..........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706.......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.