Agenda packet — Gardena City Council, September 26, 2023 (part 2 of 2)

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Due to our long-term involvement in administering housing and community development programs, we have developed a thorough understanding of the program requirements of the funding agencies involved and have established sound practices and standard procedur es to maintain a high level of accuracy and productivity. Our community development staff has strong organizational skills and works efficiently to comply with grant program deadlines.

Grant Administration
Effective grant administration is essential for the successful management and performance of the City’s various HUD-funded projects. Further, with the release of the “Uniform Guidance” by the U.S. Office of Management and Budget (OMB) on December 26, 2013 (codified at 2 CFR Part 200), Willdan understands the need to ensure that grant operations are efficient, accurate and transparent. Staff have developed several assessment tools and templates designed to assist grantees implement and adhere to HUD guidelines and OMB administrative requirements.

Staff have gained experience in the following areas:
 Proficient use of the Integrated Disbursement Information System (IDIS) and Disaster Recovery Grant Reporting System (DRGR)
 Financial and performance reporting through the Consolidated Annual Performance Report (CAPER)  Subrecipient monitoring in accordance with applicable OMB Circulars and enabling grant statues.  Annual single audit preparation
 Technical assistance to provide guidance in the interpretation of the Code of Federal Regulations and Circulars, as well as appropriate use of federal funds, etc.
 Grant proposal coordination and budget preparation
 Documentation of procedures and training of staff and subrecipients  Presentation of reports to executives and council/board members; and  Coordination across multiple agency stakeholders including city staff, elected officials, HUD , and other consultants to advise on the status of funding and to ensure earmarking requirements are met.

Labor Compliance Expertise
Willdan has provided Labor Compliance services for over 30 years . Our labor compliance staff have completed monitoring and enforcement assignments for public agencies throughout California. Willdan’s Labor Compliance Management process has been perfected through continual reviews and updates. It maximizes efficiency and minimizes costs while optimizing client comfort. We provide contractor support by phone and email to ensure a smooth process throughout the project. Our team can assist the City in compliance with applicable Federal, State, County, and local labor laws.

List of Similar Services Previously Provided
The following table shows the extent of our CDBG, HOME, and other Community Development Experience for municipalities throughout California. These projects were completed by the staff listed in this proposal.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Client
Successful Grant
Applications

CDBG/HOME
Administration
Rental Assistance
Residential
Rehabilitation
Commercial
Rehabilitation
Economic
Development &
Redevelopment
Labor
Compliance
City of Alhambra  
City of Anaheim    
City of Azusa   
City of Bell    
City of Bell Gardens     
City of Bellflower   
City of Burbank   
City of Calimesa    
City of Clearlake   
City of Colusa   
City of Costa Mesa    
City of Covina 
City of Cudahy 
City of Culver City   
City of El Monte  
City of Escondido 
City of Hanford  
City of Hawaiian Gardens       
City of Hawthorne 
City of Huntington Park   
City of Irwindale  
City of La Cañada Flintridge   
City of La Habra     
City of La Puente   
City of Lake Forest   
City of Lancaster  
City of Long Beach   
City of Lynwood     
City of Maywood  
City of Montebello 
City of Norco 
City of Ontario   
City of Oroville   
City of Palmdale  
City of Paramount      
City of Pomona  
City of Rancho Cucamonga  
City of Redondo Beach 
City of Rosemead     
City of San Gabriel   
City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Client
Successful Grant
Applications

CDBG/HOME
Administration
Rental Assistance
Residential
Rehabilitation
Commercial
Rehabilitation
Economic
Development &
Redevelopment
Labor
Compliance
City of San Joaquin   
City of Santa Monica   
City of Sierra Madre    
City of Signal Hill 
City of South El Monte   
City of Temple City  
City of Thousand Oaks 
City of Torrance 
City of Upland     
City of West Hollywood   
City of Westlake Village 
City of Whittier  
City of Woodland    
County of Colusa   
County of Los Angeles   
County of Orange 
County of Placer   
County of Ventura  
Subconsultants
Willdan's strength of staffing resources and available in -house disciplines enables us to provide all services and disciplines required for the City's request without the use of subconsultants. However, should the need arise, Willdan maintains a database of subconsultant firms – including certified disadvantaged business enterprise firms. We have worked with these subconsultants in the past and will submit their qualifications to the City for approval to assist the City in meeting DBE goals for state- or federally funded projects.

References
Client: City of Moreno Valley
Contact: Dena Heald, Deputy Finance Director, (951) 413-3063, [email protected] Services: CDBG, HOME, ESG, CDBG-CV, HOME-ARP, and NSP Grant Administration Services

Willdan is currently providing Grant Administration Services to administer the City’s Housing and Urban Development (HUD) Programs, Services and Activities Related to Community Development Block Grants (CDBG), Community Development Block Grant – Corona Virus funds (CDBG-CV), Home Investment Partnership Program (HOME), Emergency Solution Grant (ESG), HOME-ARP, and Neighborhood Stabilization Program Grant (NSP). Successful grant closeout of NSP3 and NSP1.

Team: Jennifer Maria, Rina Galit, Rebecca Acevedo

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Client: City of Pomona
Contact: Beverly Johnson, Housing Services Manager, (909) 620-2433, [email protected]
Services: 5-Year ConPlan, Annual Action Plan, Analysis of Impediments Willdan is assisting the City with the preparation of its 2023-2028 Five-Year Consolidated Plan, Annual Action Plan, Analysis of Impediments.

Team: Salvador Lopez Jr., Jennifer Maria, Natalia Lopez

Client: City of Cerritos
Contact: Fredy Bonilla, Assistant Civil Engineer, (562) 916-1229 [email protected]
Services: CDBG Labor Compliance Monitoring and Enforcement Services

Willdan was retained to perform labor compliance monitoring and enforcement for Gridley and Reservoir Hill Park and playground improvements projects utilizing Community Development Block Grant (CDBG) funding throughout the City of Cerritos.

Willdan has been retained for additional labor compliance services for CDBG-funded projects.

Team: Salvador Lopez Jr., Jane Freij
Proposed Staffing and Project Organization
Willdan is committing high-performing core team members dedicated to the City, who will be led by our proposed Project Manager, Jennifer Maria. We have committed additional qualified staff with commensurate experience who are available to assist the City with their program administration assistance needs. Our staff is well qualified to provide the services the City seeks based on their education, career training, and work experience. As this broad experience indicates, our staff has worked in a wide range of multi-cultural communities and has the experience and knowledge to successfully implement programs in politically and culturally diverse cities.

Jennifer Maria
Project Manager
Education | Credentials
BS, Business Administration | Grant Writing & Administration Course | 16 Years' Experience Experience that benefits the City:
 Extensive experience with a variety of government funded programs: CDBG, HOME, HUD, NSP. Etc.  Home Improvement Program Grant Administration, City of Santa Fe Springs  On-Call Grant Administration, City of Moreno Valley
 CDBG Coordinator/HR Manager, CDBG/CDBG-CV Program Implementation and Administration, City of Cudahy Willdan's Project Manager Jennifer Maria is the Deputy Director of Planning at Willdan Engineering who possesses over 16 years of grant experience. Jennifer is experienced in the administration of HUD -funded programs, such as the Community Development Block Grant (CDBG) and the HOME Investment Partnerships Program (HOME).

Additionally, Jennifer is experienced with the implementation and administration of Neighborhood Stabilization Program (NSP) projects, Housing Rehabilitation (Grant/Loan Program), Code Enforcement, Economic Development, Public Facilities and Public Service Programs.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Sal Lopez Jr.

Principal in Charge
Education | Credentials
BS, Urban and Regional Planning | 24 Years' Experience
Experience that benefits the City:
 Project management of multiple planning entitlement and environmental projects  Principal-in-Charge/Quality Assurance Manager, CDBG Program Administration, Cities of Moreno Valley, Torrance, and Temple City
Willdan’s Principal-in-Charge, Sal Lope z Jr. has over 24 years of experience managing and preparing planning studies, public policy plans, and environmental documents pursuant to CEQA and NEPA. He has an extensive working knowledge of public policy, grant writing, grant management, data analysis, public /community relations, and city planning experience. Sal is highly experienced at managing and leading multi -disciplinary teams in all aspects of policy and planni ng for public agencies. His expertise encompasses a range of planning capabilities, including current, advance, environmental, and active transportation planning and housing and community development.

Christine Kudija
Environmental Compliance
Education | Credentials
Juris Doctor, MLA – Landscape Architecture, BA, Botany, Certified Planner, No. 085436, Attorney, CA State Bar No. 22233 | 35+ Years' Experience Experience that benefits the City:
 Environmental Planner, County of San Joaquin
 Environmental Planner, Cities of Hughson, and Burbank  Project Manager - Planning Services, County of Sacramento Christine Kudija has extensive planning expertise in environmental analysis and application processing/development services. She specializes in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation for public agency and priv ate projects. She has contributed her expertise to public works improvement projects such as regional corridor enhancements, street widenings, intersections, rural bridge replacement, parks, trails, and other infrastructure, and to residen tial and commercial development.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Jane Freij
Labor Compliance Manager
Education | Credentials
BA, Linguistics | 24 Years' Experience
Experience that benefits the City:
 CDBG Labor Compliance, Cit ies of Bell Gardens , Burbank, Commerce, Hawaiian Gardens, Maywood, and Pomona
 FHWA Labor Compliance, Cities of Baldwin Park, Commerce, Hawaiian Gardens, Maywood, and Pomona Jane Freij is an experienced Labor Compliance Officer /Project Manager with a proven track record of profitability achieved through comprehensive and effective management of time and budget. Her key areas of expertise include state and federal labor law compliance, scheduling and budgeting, contract administration/negotiation, policy and procedure development, and legal writing/editing. Jane provides oversight of labor compliance monitoring services for local, state, county, and federally funded projects under the Federal Highway Administration ( FHWA), the Federal Transit Administration (FTA), the U.S. Department of Housing and Urban Development (HUD), and the U.S.

Environmental Protection Agency (EPA).

Program Resources and Analysts
Willdan’s key personnel will be supported by the following team members. The listed staff will be supported by in- house engineers, analysts, and technicians if workload demands warrant.

Grants Technical Advisor – Robert Quaid, CPA will serve as the Grants Technical Advisor. Robert has over 35 years of experience, a degree from the University of Southern California and is a Certified Public Accountant. Robert provides project management, procedural support and quality review for Willdan’s District Administration and Financial Services Consulting groups. Robert also serves as the lead consultant for grant administration, cost of service and cost audits and as interim finance/administrative staff to client agencies.

Housing Programs Coordinator – Suzanne Ruelas possesses in -depth expertise in housing and community development programs. Her experience encompasses administering public agency housing and economic development programs, managing grant funding, and preparing reports submitted to the U.S. Department of Housing and Urban Development and State of California Department of Housing and Community Development.

Grants Analysts – Natalia Lopez and Rina Galit are experienced in the research and analysis required to administer HUD Entitlement grant funds awarded to local government agencies for eligible activities, including IDIS interface management, research of applicable laws and regulations, report preparati on, and applicable regulatory guidance for client agencies.

Labor Compliance Specialist – Amanda Perez has over 11 years’ experience. She monitors labor compliance projects to ensure conformity to Federal and State regulations and regularly assists the manager with larger -scale labor compliance contracts. Amanda conducts comprehensive audits of projects for the Director of Construction Management & Inspection Services for accuracy and compliance. Amanda has completed labor compliance administration on projects for the Cities of Ridgecrest, Hawaiian Gardens, Highland, Rolling Hills Estates, Bell, Lynwood, Whittier, and Pico Rivera.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Jennifer Maria
Role: Project Manager
Title: Deputy Director
Profile Summary
Education:  BS, Business Administration Mount Stain Mary’s University,  Certificate of Completion - Grant Writing and Administration, California State University Dominguez Hills Experience  20 Years
Jennifer Maria is experienced in implementing and administering Federally Funded programs such as Community Development Block Grant (CDBG) Programs, HOME Investment Partnership Programs, as well as other grant programs funded under the U.S. Department of Housing and Urban Development (HUD). Jennifer is also well-versed in oversight and implementation of HUD -funded activities, including Housing Rehabilitation (Grant/Loan), Code Enforcement, Economic Development, Public Facilities, and Public Service Programs. Jennifer possesses 20+ years of public sector experience in disciplines including community development, grant writing and administration, recycling programs (including SB1383 compliance), and Human Resources Management Relevant Project Experience
Grant Administration Services, City of Moreno Valley, California. Special Projects Support. Jennifer currently assists in the provi sion of on-call grant administration services to the City for their CDBG, HOME, NSP and ESG programs. She primarily assists with the implementation of the NSP1, NSP3 and HOME funded affordable housing projects, while providing as -needed technical advisement for inquiries related to CDBG program implementation/administration.

Grant Administration and Closeout (NSP1 & NSP3), City of Compton, California. Ms. Maria assists the City with grants management and closeout services for each funding source. She also assists the City with program file review, coordination with HUD representatives, and responds to monitoring requests as part of closeout process. Ms. Maria maintains project data in the DRGR grants system.

Housing Rehabilitation Services, City of Santa Fe Springs, California. Ms. Maria assists the City of La Verne with implementation services for an ARPA-funded Housing Rehabilitation Program. Ms. Maria assisted the City with program guideline development and marketing strategies. She currently assists the City with client intake processes, program eligibility determinations, home inspections, work write-ups, bid review, and project management for each participant file.

City of Pomona, CA, Grant Administration – Ms. Maria assisted the City of Pomona with necessary data analysis, technical assistance, and report development of the City’s 5-year Consolidation and Annual Action Plan.

Housing Rehabilitation Services, City of La Verne , California. Jennifer assists the City of La Verne with implementation services for an ARPA-funded Housing Rehabilitation Program. Jennifer assisted the City with program guideline development and marketing strategies. She currently assists the City with client intake processes, program eligibility determinations, home inspections, work write-ups, bid review, and project management for each participant file.

Housing Rehabilitation & Sewer Connection Program Implementation Services, City of La Cañada Flintridge , California. Jennifer assists the City with implementation services for the CDBG -funded Housing Rehabilitation Program & Sewer Connection Program. She performs client intake processes, program eligibility determinations, and full project oversight for each participant’s project file.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Salvador Lopez Jr.

Role: Principal-in-Charge/Quality Assurance Manager
Title: Director
Profile Summary
Education:  BS, Urban and Regional Planning, California State Polytechnic University, Pomona Experience  24 Years
Sal Lopez Jr. possesses planning expertise and experience spanning all aspects of planning, including current, advance, and environmental planning, as well as active transportation planning and housing and community development. He is highly experienced at managing multi-disciplinary teams in the development of policy and long- range planning documents for public agencies.

Relevant Project Experience
Planning and Environmental Services, City of Artesia, CA. Managing Planner. Willdan provides comprehensive plan review, processes land use entitlement applications; prepares general plan text or map amendments; prepares or amends specific plans; prepares zoning code text or map amendments; and prepares related environmental studies.

We developed the Artesia LIVE Specific Plan and the mixed-use overlay zone ordinance to demonstrate a clear vision for new mixed-use developments in the city and as an economic development tool that will facilitate new future development and provide housing opportunities.

Special Project Planning Services, City of Artesia, California. Project Manager responsible for overall project management and oversight of on-call planning services provided to the City. Contract planning services encompass reviewing and processing land use entitlement applications; preparing general plan text or map amendments; preparing or amending specific plans; preparing zoning code text or map amendments; and preparing related environmental studies. Performance of these responsibilities requires expe rtise and knowledge in general plan compliance and implementation, CEQA/NEPA conformance, project management, and general planning procedures.

Planning and Environmental Services, City of Hemet, CA. Interim Community Development Director. Willdan is currently providing an interim Community Development Director to oversee and lead the activities of the Community Development Department. Mr. Lopez is managing the Department’s workload involving site development review, design review, entitlement processing, CEQA documentation, general plan and zone text amendments, development plan check services, housing services and economic development services - attend meetings, identify project milestones, outreach compliance, environmental review, and respond to state and federal requirements.

Planning and Environmental Services, City Cudahy, CA. Project Manager responsible for overall project management and oversight for staffing resources provided to the City. Willdan provides full-time contract planning services for the City's Planning Division as well as for Interim Community Development Director. Programs involved land use planning; complex land use development projects; general administration of City -initiated planning work and studies; conceptual plans; land use entitlement applications; g eneral plan, specific plan, and zoning code updates and map amendments; and initial studies under the California Environmental Quality Act and related environmental documents.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Christine Kudija, JD, AICP
Role: Environmental Compliance
Title: Principal Planner
Profile Summary
Education:  Juris Doctor, Northwestern School of Law, Lewis and Clark College  MLA, Landscape Architecture, California Polytechnic University, Pomona  BA, Botany, University of California, Santa Barbara
Registration:  Certified Planner, American Institute of Certified Planners No. 085436  Attorney, California State Bar No. 22233
Experience  35 Years
Christine Kudija has extensive planning expertise in environmental analysis and application processing/development services. She specializes in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation for public agency and private projects. She has contributed her expertise to public works improvement projects such as regional corridor enhancements, street widenings, intersections, rural bridge replacement, parks, trails, and other infrastructure, and to residential and commercial development. Christine’s planning expertise covers General Plan and zoning code updates, ordinance drafting, Housing Element preparation, and application processing. Christine is experienced in project-specific air -quality analysis utilizing the California Emission Estimator Model (CalEEMod) and the Road Construction Emissions Model.

She applies her diverse educational background in law, landscape architecture, science, and engineering to meet all aspects of planning challenges.

Relevant Project Experience
Environmental Services, County of San Joaquin, CA. Environmental Planner. Prepared Caltrans PES forms, HUD Part 58 forms, initial studies/mitigated negative declarations, and categorical exemptions for street improvements, roundabouts, bridge reconstruction, and other infrastructure work.

Environmental Services, City of Hughson, CA. Environmental Planner. Prepared Caltrans PES forms, supplementary studies, and HUD Part 58 forms for street-improvement projects.

Environmental Services, City of Ridgecrest, CA. Environmental Planner. Prepared Caltrans PES forms, CEQA Initial Studies/Mitigated Negative Declarations, and Categorical Exemptions for street and flood- management systems throughout the City.

Environmental Services, Yosemite Unified School District, CA. Environmental Planner. Prepared CEQA Categorical Exemption justification statements and Notices of Exemption for photovoltaic installations on three school campuses.

Environmental Services, City of Burbank, CA. Environmental Planner. Prepared Initial Study and Mitigated Negative Declaration for a traffic -calming project involving street closures, speed hump installation, and re- directed traffic flow.

Environmental Services, City of Azusa, CA. Project Manager/Environmental Planner. Prepared Environmental Impact Report for new warehouse development on brownfield site.

Environmental Services, City of Rolling Hills Estates, CA. Prepared Initial Study and Mitigated Negative Declaration for street-widening and intersection improvements.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Jane Freij
Role: Labor Compliance
Title: Labor Compliance Manager
Profile Summary
Education:  BA, Linguistics, University of Kansas (Summa Cum Laude), 1982 Experience  35 Years
Jane Freij is an experienced Labor Compliance/Project Manager with a proven record of profitability achieved through effective management of time and budget. Key areas of expertise include project needs analyses, scheduling and budgeting, contract administration/negotiation, legal documentation, policy and procedure development, and writing and editing. As a Supervising Labor Compliance Manager, Jane provides oversight of labor compliance monitoring and enforcement services for various federally funded projects under FHWA, FTA, HUD, and EPA, as well as State Proposition 84 and Proposition A, County, and locally funded projects. She has written, edited, and updated the Willdan Engineering labor compliance manual and has assisted various agencies in developing their internal procedure manuals for federal and state labor compliance. She has specialized training in reporting requirements, fraud detection and prevention procedures for federally funded projects, as well as Disadvantaged Business Enterprise (DBE) Program implementation and administration.

Relevant Project Experience
Various Cities, Federal Highway Administration (FHWA) Labor Compliance – Ms. Freij has provided supervisory labor compliance services in the following cities:
 Azusa
 Baldwin Park
 Bell Gardens
 Bellflower
 Brea
 Burbank
 California City
 Calimesa
 Coachella
 Coalinga
 Commerce
 Corona
 Cudahy
 Davis
 Hawaiian Gardens
 Highland
 Huntington Park
 Inglewood
 Irwindale
 La Cañada Flintridge
 La Mirada
 La Puente
 Lakewood
 Manhattan Beach
 Maywood
 Monterey Park
 Orange
 Paramount
 Pico Rivera
 Pinole
 Pomona
 Rancho Palos
Verdes
 Rialto
 Ridgecrest
 Rolling Hills Estates
 Rosemead
 Santa Clarita
 South Gate
 South Pasadena
 Thousand Oaks
 Westlake Village
 Winters
 Yorba Linda
Various Cities, U.S. Department of Housing and Urban Development / Community Development Block Grant (CDBG) Labor Compliance – Ms. Freij has provided supervisory labor compliance services for projects administered by the U.S. Department of Housing and Urban Development (HUD) and the Los Angeles County Community Development Authority (LACDA) in the following cities:
 Anaheim
 Bell Gardens
 Burbank
 Calimesa
 Cerritos
 Commerce
 Fillmore
 Hawaiian Gardens
 La Mirada
 Lawndale
 Norwalk
 Orland
 Paramount
 Pico Rivera
 Redondo Beach
 Rosemead
 San Marino
 Sierra Madre
 South El Monte
 South Gate
 Whittier
City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Organizational Chart
Below is an organizational chart that shows the lines of responsibility for the proposed team members. Key staff will be available to the extent proposed for the duration of the project. No key staff member will be replaced or removed from the project without prior written concurrence of the City.

Labor Resources

Team Member Position Primary Grant Task AAP'sCAPER's
Grants Admin &
Implementation (CDBG & Total Hours
Salvador Lopez Jr.Principal-in-Charge Quality Control/Quality Assurance 5.00 5.00 Jennifer Maria Project Manager
Staff Supervision/Status Reports to City/Meet with
Grant Staff, Subrecipients, and HUD/QC Review
Grant Agreements/Annual Action Plan/ CAPER /
Onsite Monitoring /Subrecipient Technical
Assistance, Complex Technical Analysis/
Recommendations/Presentations and Materials. 15.00 15.00 100.00 130.00 Suzanne Ruelas
Natalia Lopez
Rina Galit
Grants Analyst
Application Reviews / Subrecipient/Agreements /
Annual Action Plan / Invoice Reviews / IDIS
Program Activity Setup, Maintenance & Close Out /
CAPER / Desk & Onsite Monitoring 45.00 30.00 505.00 580.00 Richelle Lane Grant Management and
Housing Support
Invoice Review Support/Sub-Recipient Monitoring
Support/Grant Administration Support 5.00 25.00 30.00
Bob Quaid Technical Advisor
Grants Technical Advisement/Subrecipient
Montioring 18.00 18.00
Jane Freij *Labor Compliance Manager
Oversight of labor compliance and Section 3
monitoring Tasks
*To be determined based on
project size and on an as-
needed basis. TBD
Amanda Perez *Labor Compliance Specialist
Assist with Labor Compliance and Section 3
Monitoring
*To be determined based on
project size and on an as-
needed basis. TBD

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Work Plan
The items to be included in the Scope of Work are indicated below. The list of items is not inclusive with new items being included based on unforeseen program changes initiated by the City and/or governing agency. All work items will be carried out in conjunction with City staff input and review. In accordance with the Scope of Work reflected below, Willdan shall perform the following functions:

City’s Requested Scope of work -
CDBG Administrative Services:

1. Provide general CDBG Administrative Services and sub-recipient technical support. Review and process invoices.

2. Develop, implement, and administer eligible CDBG programs.

3. Provide annual sub-recipient monitoring at their place of business, prepare monitoring letters and complete follow-up activities as needed.

4. Assist City staff in maintaining information on the Integrated Disbursement and Information System (“IDIS”).

5. Review and input sub-recipient quarterly reports into IDIS.

6. Represent the City at community meetings, City Council, meetings with City staff, or workshops as needed or directed.

7. Facilitate communication between the City and HUD.

8. Ensure public works projects using CDBG funds comply with CDBG regulations.

9. Review applications and projects for compliance with the National Environmental Policy Act (“NEPA”).

10. Prepare all required HUD reports.

11. Develop and update Federal regulations policy/procedures manuals as necessary.

12. Prepare and submit to the appropriate entity the following plans:
a. Annual Action Plan
b. Consolidated Annual Performance and Evaluation Report

13. Prepare and implement all public outreach programs and public participation under the CDBG program as necessary.

14. Any other associated CDBG administration duties as needed.

HOME Administrative Services:

1. Provide general HOME Administrative Services and technical support as needed.

Assist with Davis Bacon Prevailing Wage monitoring:

1. Prepare labor compliance documents,

2. Facilitate Labor Compliance Pre-Construction Mtg Determine contract wage rate.

3. Obtain all apprentice documentation.

4. Set up labor standards enforcement files.

5. Ensure completeness of all required labor compliance documents.

6. Complete additional contractor verifications for those that have expired (CSLB, DIR and SAM).

7. Interview contractor, sub, and unlisted service providers.

8. Verify job postings.

9. Cross reference interviews against CPRs.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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10. Review certified payrolls from contractors and subs. Review apprentice certs and compliance with wage scales and ratios as prescribed by the apprentice program.

11. Prepare due process notifications to contractors of violations.

12. Provide technical assistance to contractors as necessary to resolve all findings prior to release of retention.

Methodology
Due to our long-term involvement in administering housing and community development programs, we have developed a thorough understanding of the program requirements and have established sound practices and procedures to maintain a high level of accuracy and productivity. Additionally, our staff applies sound technical and creative approaches to addressing administrative issues that arise.  Progress Reports : Willdan shall provide progress reports monthly, unless a shorter interval for reporting is requested by the City. These progress reports shall include progress on each deliverable, as well as an estimated completion date. Should any impediments be encoun tered throughout the implementation process, that data shall be included as well.
 Communication Plan: Prior to commencing administrative grant functions, the Project Manager will meet with city staff to ensure that all information pertaining to the City’s goals and objectives is heard and understood.

Thereafter, a clear action plan/timeline will be coordinated with staff to properly reflect completion dates and milestones for all deliverables. Simultaneously, our Project Manager will develop a strategy to effectively maintain an open channel of communication to furnish up -to-date informa tion pertinent to the overall administration and oversight of HUD -funded programs. Our team will also coordinate with City staff to determine the best method for data sharing to perform various grant-related tasks.  Understanding of City Operations: It is our goal to become an extension of the Gardena team and take on any tasks or projects that may be required in accordance with HUD -funded grant operations. To effectively do so, our team will take the necessary steps to become fully familiarized with City operations as they pertain to overall grant administration. Although federal guidelines for CDBG- and HOME-funded Programs are consistent, our team understands that compliant implementation of those activities must be tailored to meet the specific needs of the City, as well as its internal operations.
 Coordination with HUD: Our team will promptly communicate with the City of Gardena ’s HUD representative to acquire up to date data and information related to any pending or outstanding items. Our goal is to ensure that the City is responsive in maintaining a positive rapport with its designated HUD -CPD office. Thereafter, a consistent line of communication will be maintained with the HUD -CPD office to demonstrate the City’s commitment to successfully implementing all CDBG and HOME -related activities. Any co mmunication of consequence that arises will be conveyed to the corresponding City staff in a timely manner.  Public Outreach: Clear communication with residents and city stakeholders is essential to the effective administration of HUD-funded grant programs/projects. Our team is committed to developing a comprehensive understanding of the Community’s needs by becoming knowledgeable of the City’s demographic information, understanding the goals and ambitions of the residents, and identifying key stakeholders.  Annual Action Plan: Willdan will work in consultation with the City to develop the City’s Annual Action Plan, including implementation strategy activities to be undertaken, the benchmarking of available resources, and the funding allocation for the fiscal year. The Plan will also address priority activities to be undertaken, non - federal programs used to meet goals, monitoring, homelessness, coordination of services and avoidance of duplication of services, reduction of barriers, organizational structure and intergovernmental cooperation, and City of Gardena CDBG Program Administration Services (CDBG/HOME)

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include anti-poverty and lead-based paint assessment and reduction strategies. This task includes the entering of Action Plan information using HUD’s Consolidated Plan Management Process (CPMP) tool, setting public hearings, publishing public hearing notices, and distributing/displaying the Plan for public viewing.  Grant Administration: Willdan staff will ensure that new fiscal year projects are set up in HUD’s Integrated Disbursement and Information System (IDIS). Provide for administration and implementation of the City’s HUD- funded activities, including determining project eligibility, maintaining project files, and required program documentation, and monitoring programs to ensure compliance with all federal, state, and City regulations and procedures. Work with the City’s Financial Department to prepare final draw down for prior fiscal year projects, collect year-end accomplishments data to enter IDIS, update IDIS and provide reports to staff. Prepare complete reports, which may include Quarterly Cash Transaction Reports, Semi -Annual Labor Standards Compliance Reports, MBE Activity Report, etc. Prepare staff reports and presentation materials for public hearings at least twice a year and attend public hearings with City staff. Complete draw down requests on a quarterly basis for the reimbursement of expended funds r eported in the City’s financial system, maintain an ongoing record of draws for each activity, receipt program income, and regularly input project/program accomplishments into IDIS. Ensure National Environmental Policy Act (NEPA) Environmental reviews are properly assessed and completed.
 CAPER: Willdan shall gather all data relevant data collected throughout the program year and perform the analysis necessary to compare the actual annual outcomes of each applicable HUD -funded activity in contrast to the goals/objectives outlined in the City’s 5 -years Consolidated Plan (Con Plan) and the Annual Action Plan.

To facilitate this effective completion of this process, it is generally asked that all subrecipients submit a quarterly progress report, along with quarterly accomplishment data, to ensu re timely collection of all data needed to effectively complete reporting. Following this process, a report shall be generated outlining the results of the analysis. As an additional part of this process, we will make the final CAPER available for public review, prepare and publish the advertisement for the required public review period, prepare the CAPER Section 3 Summary Report for inclusion in the CAPER, as well as other required narratives.  Subrecipient Monitoring: Willdan shall work with the subrecipient to outline expectations as they pertain to the program/project implementation process and explain how those expectations will tie into the eventual monitoring process. To ensure the success of the subrecipient, it is generally advised to perform an in-progress monitoring to address program/project imp lementation issues, if any, while in progress, as opposed to performing monitoring at the end of the year when there is little time left to correct deficiencies. Willdan staff will oversee the monitoring process, which shall include tasks such as the draft ing/transmission of the monitoring notification letter, entrance meeting, analysis of program/project documentation and date, exit conference, and drafting/transmission of findings letter.  Labor Standards Administration and Enforcement : Willdan staff shall provide City staff with guidance when labor standards requirements are triggered. Tasks to be performed by Willdan in accordance with federal guidelines shall include, but not be limited to, bid document preparation, verification of w age decisions, pre- construction meetings, preparation of notices, bid opening/review, verification of contractor licensing and debarred status, review bonding, conduct pre- construction conference, issue notice of award, notice to proceed, review of weekly certified payrolls, employee interviews, oversee payments to contractors, approval of change orders, notice of completion, etc.
 Customer Service: The Willdan team is not only committed to maintaining the highest quality of services for the City’s external customers, but just as importantly, for its internal customers. Our mission is to actively put City of Gardena CDBG Program Administration Services (CDBG/HOME)

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forth efforts to develop and nurture positive working relationships with city staff to foster the spirit of teamwork.

Quality Control/Assurance
Willdan's project control system is designed to provide a coordinated effort between all task facets of a project in the framework of the pre-established master schedule, budget controls, and reporting system. Our project control system provides an objective measure of performance – integrating:

Progress Reporting
The submittal requirements and format for consistent monthly reporting of project costs and status will be confirmed with the City during the project start-up period. The status report will contain a project performance summary, action items, outstanding items to be resolved, updated schedule, and comparison and narrative of budgeted costs versus actual costs.

Manhour Control
The manhour breakdown structure subdivides the work into manageable segments and is the basis for our project managers' project control plan. The structure is tailored to specific project needs, but generally has typical elements, including codes to identify work segments and disciplines, weekly reports, and project resources schedule. To monitor labor costs, each person performing work on a project completes a weekly timecard that identifies the project, segment of work, and discipline by code. This simple system provides accountability for Willdan's payroll, billings, and progress reporting and serves as the basis for all cost-related project management data.

Schedule Control
Our assigned Project Manager will prepare a work plan that provides definitive directions to the project team as agreed to by the City during the initial kick-off meeting. The plan will address staffing and assignments, scope of work, deliverables, budget, and schedule with milestones. If it is determined that a project is falling behind schedule, project managers meet with the respectiv e team members, identify the problem, and ensure that extra support and effort are expended to bring the project back on s chedule. Willdan will keep City staff informed of the overall schedule, including advanced notification of any necessary adjustments or actions to remain on track. Project managers monitor all progress on a weekly basis.

Cost Control
The budget control system is prepared in accordance with the work breakdown structure. The budget becomes the control against which performance is measured. The budget is time phased by combining project master scheduling data with budget data. Actual cost s are compared with budgeted costs and variances analyzed. Deviations between planned and actual cost can then be evaluated to forecast and control future work. Beginning with electronic timekeeping, project hours are assigned to the appropriate tasks and subtasks and booked as work-in-process. Pre-bill reports are generated that identify the hours to be billed, along with any other direct charges to the project. This is the information used to determine each month's invoicing. Once hours and charges are billed, they are shifted from Work -in-Process to Accounts Receivable to ensure that billed hours are inactivated. Monitoring is easily accomplished through team member progress updates and comparisons between the scope of work, schedule, and budget.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Quality Assurance and Control
Quality assurance and control procedures are critical to ensuring sound business practices and quality deliverables are produced for our clients. In accordance with Willdan's Quality Assurance/Control Manu al, Sal Lopez Jr. will serve as the project's Quality Assurance Manager. Project -specific quality assurance activities will be planned at the beginning of the project. The four review levels for project deliverables are:

Level 1 – peer review only
Level 2 – peer review and editorial review (documents)
Level 3 – peer review, editorial review, and engineer review Level 4 – all elements of Level 3 plus additional reviews by specific technical experts The two major components of the quality assurance review are technical and communication reviews. This process involves reviews by independent designers and the Project Manager prior to submittal for formal review under the agreed -upon project-specific quality assurance plan. Project documents, including letters and correspondence, are subject to a Level 2 review.

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Required Forms

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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Price Form

City of Gardena CDBG Program Administration Services (CDBG/HOME)

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13191 Crossroads Parkway North, Suite 405
Industry, CA 91746-3443
562.908.6200 | 800.499.4484 | Fax: 562.695.2120
www.willdan.com

DIANA Y. CHO

DIANA CHO AND ASSOCIATES

EDUCATION
B.S. Public Affairs/Public Administration
University of Southern California - Cum Laude

EXPERIENCE
Consultant - City of Diamond Bar City of Rancho Palos Verdes 1993 – Present 1995 – 2014

City of Bell Gardens City of Maywood
2004 – 2020 2010 – Present

Responsibilities and experience include providing CDBG administration; preparation of Planning Summaries, Exhibit A’s, Quarterly Performance Reports (QPR), contracts and contract amendments; CDBG contract compliance services; preparation of HUD and DOL labor compliance reports; obtaining certifications and maintaining Davis -Bacon documentation; coordination of labor compliance monitoring; preparation of inquiries for clarifications and determinations on behalf of the City; preparation of responses to Cou nty Development Authority (LACDA) correspondence; providing recommendations for eligible CDBG activities and projects; review of monthly CDBG program expenditures; preparation of staff reports and City Council resolutions pertaining to the CDBG Program; training of staff for the Housing Rehabilitation Program, Rental Assistance Program, and Utility Assistance Program; assist with preparation of a $5 million Section 108 Loan Application; preparing and reviewing bid documents and proposals; preparing CDBG funding requests; and CDBG program assistance in the areas of program monitoring, contractor payment processing and financial audits.

Consultant - Various Engineering Firms
2007 – Present

Provide services as a Sub-Consultant to LAE Associates, et al., for CDBG, CDBG-R and ARRA labor compliance and monitoring in conjunction with public works improvement projects. These projects included in-fill sidewalks, senior center improvements, street rehabilitation projects, and curb, gutter, and sidewalk improvement projects on an on-call basis.

Consultant - City of Bell
1986 – 2011 and 2014 - 2023

Provide CDBG services including assistance in CDBG; CDBG financial monitoring; CDBG, CDBG-R and ARRA labor compliance oversight and monitoring; technical assistance for the Handyworker Program and Lead and Asbestos Testing and Abatement Program; implementing the City’s Residential Rehabilitation Program; t echnical assistance for the Residential Rehabilitation Program, and assistance for the Metro and SCAQMD AB 2766 funded projects including the preparation of project descriptions and budgets, monitoring of program expenditures and preparation of annual reports. Additionally , provided subconsultant CDBG services through Interwest Consulting Group and LDM Associates, Inc., for the City of Bell.

Program Manager - Community Development Commission - County of Los Angeles 1983 - 1986

Responsibilities include providing assistance to cities, County departments, and community-based organizations in the development and implementation of community development projects; preparing and reviewing contracts and agreements; and monitoring projects and activities.

SECTION VI.

PRICE FORM

REQUEST
FOR PROPOSALS:

DESCRIPTION OF WORK: CDBG Program Administration Services

CDBG/HOME)
(CDBG/HOME) CONSULTANT’S NAME/ADDRESS:

Diana Y. Cho

16716 E. Rocky Knoll Road

Hacienda Heights, CA 91745

NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE:

Diana Y. Cho

(626) 374-2184

ANNUAL

PURCHASE ORDER

The Initial Agreement Period shall be effective on October 1, 2023 plus Two (2) two year option renewal periods.

Anticipated Contract Term:

The contract term shall be effective on or about October 1, 2023 through June 30, 2024 with optional renewal periods.

• Option 1, if exercised, shall be effective July 1, 2024 through June 30, 2026. • Option 2, if exercised, shall be effective July 1, 2026 through June 30, 2028.

Consultant to be paid from Community Development Block Grant (CDBG) or HOME Investment Partnership Program (HOME) administration funds received by the City from the U.S. Department of Housing and Urban Development.

Please provide a detailed fee schedule and information, and any other incidental or additional costs required to complete the Scope of Work requirements.

CDBG Program Administration Services (CDBG/HOME)

PRICE QUOTE FOR CONSULTANT FEES

Cho and Associates will provide services in an amount not to exceed $100,000. The fees for consulting services are inclusive of all normal business overhead and will be as follows:

Principal - $200.00 per hour
Associates - $150.00 per hour

Community Development Department

RFP ADDENDUM #1
CDBG Program Administration (CDBG/HOME)

August 30, 2023

The Scope of Services shall now include the following:

Consolidated Plan Develop a Consolidated Plan for program years 2026 through 2030 in accordance with Title 24 of the Code of Federal Regulations (CFR) Part 91, and other requirements set forth by federal regulation and the HUD Office of Community Planning and Development (CPD).
 Prepare the City's Consolidated Plan using the consolidated plan template in IDIS and the eCon Planning Suite tool to assess needs and make strategic decisions.
 Perform relevant consultations with agencies that provide housing and social services to include relevant groups, such as the local public housing authority and Continuum of Care, as required by 24 CFR Part 91 Subpart B.  Assist City staff in facilitating public participation in the development of the Consolidated Plan. The consultant will be required to generate and implement an effective public consultation process that encourages residents to participate in the Consolidated Plan process. The consultant is expected to:
 Conduct at least one (1) community meeting.
 Participate in at least one (1) presentation at a public hearing before the City Council.
 Develop at least one (1) community survey in multiple languages that include the City's Limited English Proficiency Plan (LEP) languages.
 Complete other additional specific actions as required by HUD.  Prepare draft public hearing notices and other public notices as may be applicable.
 Analyze the data tables provided by the IDIS Consolidated Plan template, and provide additional data collection as necessary.
 Assess the existing community need and make recommendations to the City for the development of new strategies, goals, and priorities for the five- year period.

DIANA Y. CHO

DIANA CHO AND ASSOCIATES

EDUCATION
B.S. Public Affairs/Public Administration
University of Southern California - Cum Laude

EXPERIENCE
Consultant - City of Diamond Bar City of Rancho Palos Verdes 1993 – Present 1995 – 2014

City of Bell Gardens City of Maywood
2004 – 2020 2010 – Present

Consultant - Various Engineering Firms
2007 – Present

Consultant - City of Bell
1986 – 2011 and 2014 - 2023

Program Manager - Community Development Commission - County of Los Angeles 1983 - 1986

SECTION VI.

PRICE FORM

REQUEST FOR PROPOSALS:

DESCRIPTION OF WORK: Bid & Construction Management Service (CDBG/HOME) CONSULTANT’S NAME/ADDRESS:

Diana Y. Cho

16716 E. Rocky Knoll Road

Hacienda Heights, CA 91745

NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE:

Diana Y. Cho

(626) 374-2184

ANNUAL PURCHASE
ORDER

The Initial Agreement Period shall be effective on October 1, 2023 plus Two (2) two year option renewal periods.

Anticipated Contract Term:

The contract term shall be effective on or about October 1, 2023 through June 30, 2024 with optional renewal periods.

• Option 1, if exercised, shall be effective July 1, 2024 through June 30, 2026. • Option 2, if exercised, shall be effective July 1, 2026 through June 30, 2028.

Please provide a detailed fee schedule and information, and any other incidental or additional costs required to complete the Scope of Work requirements.

Bid & Construction Management Services (CDBG/HOME)

PRICE QUOTE FOR CONSULTANT FEES

Cho and Associates will provide services in an amount not to exceed $95,000. The fees for consulting services are inclusive of all normal business overhead and will be as follows:

Principal - $200.00 per hour
Associates - $150.00 per hour

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 15.A
Section: DEPARTMENTAL

ITEMS - POLICE
Meeting Date: September 26,
2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Authorization for Additional Services and Maintenance for the Video Policing System through December 2024 Not to Exceed $591,832.57.

COUNCIL ACTION REQUIRED:

Staff Recommendation: Authorize additional funds
RECOMMENDATION AND STAFF SUMMARY:

In December 2022, the City Council approved a two-year Video Policing System Camera Maintenance contract with DataGear, Inc. This contract’s term is from December 13, 2022 – December 13, 2024, with an optional one-year extension to December 2025, for an amount not to exceed $133,902.40. The current contract is for camera cleaning and preventative maintenance for $97,680 (for both GTrans and the Police Department) and jail server upgrades for $36,222.40.

Due to repairs and unanticipated system upgrades, including Rowley Park, a new wireless link between the hospital and Police Department, and three intersections as a result of intersection takeovers, we have already expended the contract’s total amount. For example, over $83,000 was spent on unforeseen upgrades and replacements for the wireless link from Memorial Hospital of Gardena back to City Hall, a major communication piece for the entire system.

Funds were also expended to add and replace cameras at Rowley Park for the new computer lab, replace critical infrastructure at the Fire Station, and replace cameras to ensure coverage at intersections that were experiencing intersection takeovers.

The camera system at GTrans has been in place since the construction of the facility in 2008, and has exceeded its recommended lifespan and needs repair. The system repair requires replacement of old cables and equipment, and for the replacements to work, an upgrade is needed on the network. GTrans employees work around the clock, seven days a week, and it is important to maintain a working camera system to ensure safety and security of employees, customers, facilities, and assets. In addition, GTrans is currently undergoing improvement projects, such as the Compressed Natural Gas (CNG) fueling station and dispatch remodeling constructions, and is planning for more facility improvement projects, such as solar panel installations and campus electrification construction. With various assets being placed throughout the facility, it is also important to have cameras to monitor all areas within GTrans and ensure they are secure.

DataGear is familiar with GTrans’ current camera system layout and is able to provide a competitive price to complete the work that would meet GTrans’ needs. With DataGear, GTrans will be upgrading the system in three major categories:

A Hikvision camera system, which is an open-source camera system that allows for axis adjustment, color recordings, up to 8-megapixel recordings, and 180-degree field of view;
A Western Digital storage platform that will allow up to one-year of storage of high- quality recording that complies with applicable laws; and Milestone software that already has a chain-of-custody feature built-in, and the software will align with that of Gardena PD. GPD will continue to have access to GTran’s camera system at any time.

The total cost for the GTrans’ camera system upgrade and one-time installation will be $391,832.57 and will be funded by GTrans’ Local Capital Funds.

The remaining $200,000 of this request will be for maintenance and additional services as originally requested and approved in December 2022. The Video Policing System is approximately twelve years old and antiquated. The funds will be utilized for camera cleaning, ongoing system maintenance, monitoring, and replacement/upgrades of equipment that reaches its end of life; all these costs have increased as inflation has impacted all areas of procurement.

The Police Department must abide by the statutory requirement (Government Code § 26202.6 & 26202.7) to maintain the jail, and must provide 24-hour, 365-day retention of the video related to incarcerated persons. In order to maintain compliance with this requirement, the Police Department must replace cameras that persons in custody damage, as well as repair/replace technology that reaches its end of life. The Police Department currently has approximately 42 cameras on Milestone with an additional 72 cameras to move over.

Currently, those 72 cameras are on IndigoVision. IndigoVision is over ten years old, limited in the number of licenses available, and incredibly unstable. It also requires Staff working an incident to toggle between two different management systems which does not allow for efficient use of time. On Milestone, all cameras need a license which is $33 per year per camera but Staff can use the Milestone Client App or web-based log-in to monitor an incident.

In order to move some of the old cameras onto Milestone, they will need to be replaced, which could cost approximately $10,000 each.

Staff requested a quote from DataGear to upgrade the entire Police Department’s system at once and was provided a cost of $824,921.93; this was determined to not be feasible at this time. It should also be noted that DataGear was the only bidder to the last Request for Proposals (RFP) related to the City’s Video Policing System, presumably due to the age of the system and out of date technology.

The system also requires additional storage for all internal cameras to ensure compliance with applicable laws, and the need for funds to be available for unanticipated system repairs and replacements. These funds will also cover maintenance related to GTrans’ upgraded system (which are anticipated to be minimal), and any upgrades that the Police Department needs to complete to the network backhaul, cameras themselves, and server.

DataGear has been in business for over 20 years and has worked with numerous municipalities and government agencies, such as the City of Anaheim, Port of Long Beach Security Division, Port of Savannah, and Port of Oakland. DataGear is certified with many of the components the City’s system utilizes, such as being a Siklu Certified Partner, Firetide Certified Partner, Motorola Certified Partner, and more. The team that DataGear will deploy to work with Gardena’s system is experienced and certified to meet the needs of the contract.

DataGear has also committed to meet the response times that the City has requested for calls for service.

FINANCIAL IMPACT/COST:

Total Cost: $591,832.57
Funding Source: GTrans Local Capital Funds for $391,832.57 and associated maintenance costs. The remaining $200,000 will be funded by the Police Department’s General Fund in Fiscal Years 23/24 and 24/25.

ATTACHMENTS:

Attachment A - GTrans Quote from DataGear.pdf
Attachment B - DataGear - GTrans Payment Milestones.pdf Attachment C - Camera Maintenance Contract 2022.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
Quote
Date
9/18/2023
Quote #
6232
City Of Gardena
Camera Refresh
1718 West 162nd street
Gardena , Ca. 90247
Ship To
City Of Gardena
GTRANS
13999 S. Western Ave
Gardena , CA 90249
Terms
Net 30
Rep
LMC
Total
Subtotal
Sales Tax (10.25%)
500 W. Dyer Rd, Santa Ana CA 92707 | www.DataGear.com | (714) 556 - 5055 Item # DescriptionQty Price Total
HE1000R-64TB The Husky IVO™ 1000 , 64TB(8x8TB)1 17,595.00 17,595.00T HA-RR-540 Rail kit for Husky IVO 1000R1 225.00 225.00T SE4U102-102 Western Digital SE4U102-102 1836TB Storage1 114,793.90 114,793.90T XPPPLUSBL Milestone XP Professional+ Base License1 520.60 520.60 XPPPLUSDL Milestone XP Professional+ Device License115 176.32139 20,276.96 XPAACL Milestone AAC License for 1 XP Smart Client2 0.00 0.00 YXPPPLUSDL Milestone One Year Care Plus for Professional +115 33.00 3,795.00 TP-SW8GAT/24-SFP Tycon System Managed 8 port Switch PoE, 48 Volt ,3 808.00 2,424.00T TEG5328P-24-410W 24 Port L3 Switch , 410 Watt PoE w/ FIBER SFP6 656.25 3,937.50T SMC1500-2U APC / Schneider Smart - UPS 1500VA 2U 120V2 813.02 1,626.04T DS-2CD2185FWD1I2.8M HIKVISION DS-2CD2185FWD-I 8MP IP Camera68 269.85147 18,349.90T DS-2CD2087G2-L Hikvision DS-2CD2087G2-L ColorVu 8MP Bullet12 419.00 5,028.00T DS-2CD2387G2P-LSU/SL 8 MP Panoramic ColorVu Turret Network Camera35 372.58657 13,040.53T NEMA12 NEMA Enclosure / Power / Mount / P.L. Cameras1 3,291.47 3,291.47T 101000BL 1000 FT. Cat 6 Solid Wire Bulk Blue CMR Cable21 552.50 11,602.50T Labor B IT Specialist / Per Hour Charge / New Camera275 185.00 50,875.00 Labor E Installer / Per Hour / Cable Removal/New Installation620 169.00 104,780.00 MISC Full Documentation packet / Drawings / Test Data1 0.00 0.00T 2 ) Technicians 53 working days / 850 hours each
Prevailing Wages Paid / Hourly Rate Per Contract
GTRANS Reserves the wright to substitute products as
necessary
Installation Warranty 3 year / HDW Warranty 1 Year
$391,832.57
$372,161.40
$19,671.17
Data Gear Camera Upgrade
Attachment B: Payment Milestone Schedule
Attachment B: Payment Milestone Schedule

No. Description Percentage
1 Delivery and Installation of Storage Platform, Software and Network Configuration 35%
2 Camera and Cable Installation: Outside Perimeters, Gates and Parking Lot 15% 3 Camera and Cable Installation: Fuel Island and Bus Wash 15% 4 Camera and Cable Installation: Building A and Building B 15% 5 Testing, Reporting, Deliverables, and Final Acceptance 15% 6 Retention 5%
Total 100%

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.A
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: September 26,
2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Award Construction Contract for the Nakaoka Community Center HVAC Upgrade Project, JN 522, to Bon Air Inc., in the amount of $195,600. Additionally, Approve Plans and Specifications, Construction Contingency, and Declare California Environmental Quality Act (CEQA) Exemption.

COUNCIL ACTION REQUIRED:

Staff Recommendations:

Award Construction Contract
Approve Plans and Specifications
Approve Construction Contingency
Declare CEQA Exemption
RECOMMENDATION AND STAFF SUMMARY:

The Heating, Ventilation, and Air Conditioning (HVAC) system at the Nakaoka Community Center had been identified as being deficient and in need of repair. The existing system is original to the building and has been in service for approximately 50 years. Various maintenance repairs have been performed throughout the years, but it has reached far beyond the end of its 20 to 30-year lifecycle.

A design consultant, Maximum Energy Professional (MEP), was hired to address the system and make upgrades as appropriate. Subsequently, the final construction plans have been developed and approved by the City's Building Official.

On August 18, 2023, the Public Works Department finalized the bid package and published a bid request in ARC Planwell, Gardena Valley News, and the City website. The following three bids were received on September 14, 2023:

Organization
Bid Amount

1. Bond Air Inc., Los Angeles
$195,600

2. California Professional engineering, Inc., La Puente $300,100

3. Allison Mechanical, Inc., Redlands
$315,800

Bon Air Inc. was the lowest responsive and responsible bidder. They provided a favorable low bid to the City, which will provide an opportunity to expand the scope to include the replacement of aged air ducts, furnaces, and control equipment that were previously excluded from the project scope due to the total anticipated cost.

Based on their low bid price, Bon Air was contacted and given the opportunity to revisit the site and verify their bid was complete. They performed the review and felt confident that they could do the work as specified in the plans and specification at the amount bid.

Bon Air, Inc. is licensed in the State of California and has a good and verified track record of construction projects with various municipalities and school districts in California. They will be required to meet all bonding and finical standards. The project is anticipated to commence construction in January 2024 and be completed by February 2024.

Staff recommends that the City Council approve the award of the construction contract for the Nakaoka Community Center HVAC Upgrades Project, JN 522, to Bon Air, Inc. in the amount of $195,600 and additionally:
a
.

Approve the Plans and Specifications.
b
.

Approve a Construction Contingency in the amount of $68,000 to cover additional scope and other potential unforeseen conditions.
c
.

Declare this project to be categorically exempt under CEQA, Class 1, Section 15301, as rehabilitation of existing facilities.

FINANCIAL IMPACT/COST:

Source of Funds
JN 522, FY 2023-2024 Budget - $660,000 Deferred Maintenance

Estimated Expenditures
Project Management and Inspection 12%
$23,500
Construction Contract Award
$195,600
Extra Work & Contingency (Approximately 35%)
$68,000
Total
$287,100

ATTACHMENTS:

NCC HVAC Spec For Bidding JN522.pdf
NCC HVAC Plans For Bidding JN522.pdf
Location Map JN522.pdf
Notice of Exemption JN522.pdf
JN 522 - BON AIR INC.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

CITY OF GARDENA

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

NAKAOKA COMMUNITY CENTER HVAC

UPGRADE PROJECT

JN 522

SEPTEMBER 2023

CITY OF GARDENA

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

NAKAOKA COMMUNITY CENTER HVAC

UPGRADE PROJECT
JN 522
Plans & Specifications prepared by:

Memoranda:

Plans and specifications are available at Planwell Administrator, 562.436.9761 or https://www.e-arc.com/location/costa-mesa/ (“Planrooms”/”Order From Planwell”) Bid Results: https://www.cityofgardena.org/public-contracts/ City of Gardena Public Works Engineering Division: 310.217.9568

CITY OF GARDENA

NOTICE INVITING BIDS
for

NAKAOKA COMMUNITY CENTER HVAC UPGRADE
PROJECT NO. JN 522

Plans and Specifications are available through ARC Document Solutions. Please be advised that there is an additional charge for delivery. Upon payment of the purchase price, they become the property of the purchaser and may not be returned for refund.

You may access the plans through the following website under Public Planroom:

https://www.e-arc.com/location/costa-mesa/
(Scroll down to “Planrooms” and click “Order From Planwell”) or
https://customer.e-arc.com/arcEOC/Secures/PWELL_PrivateList.aspx?PrjType=pub

For help accessing and ordering, please contact a Planwell Administrator at 562.436.9761.

Notice is hereby given that the City of Gardena will receive sealed bids at the office of the City Clerk, City Hall, 1700 W. 162nd Street, Gardena, California, until 2:00PM on September 14, 2023, and shortly thereafter on this same day, they will be publicly opened and read in the City Clerk’s Office in-person and via ZOOM.

The information to join the bid opening via ZOOM is the following:

Topic: Bid Opening
Time: 2:00 PM on September 14, 2023 (Shortly thereafter the deadline) Join ZOOM Meeting

https://us02web.zoom.us/j/82466093086
Meeting ID: 824 6609 3086
Dial by phone: +1 669 900 9128 US

Non-Mandatory Prebid Job Walk: 9:00 AM, Friday, September 8, 2023 1670 W 162 nd Street, Gardena, CA 90247
Contact – Frank Sanchez, Project Manager
(310) 297-9631 ([email protected])

Should you have any questions or concern in delivering a bid or joining the ZOOM Meeting, please contact City Clerk’s office at (310) 217-9565 or via email at [email protected].

All bids must be in writing, must be sealed, and must be plainly marked on the outside: "BID ON PROJECT NO. JN 522. Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned unopened to the bidder.

Bids are required for the entire work as described below:

The Nakaoka Community Center HVAC Upgrade consists primarily of replacement of the condensing Unit with an equivalent Carrier model 40-ton capacity unit. Inspecting and cleaning of air handling unit. Replacement of 6-row DX cooling coil and condensate collection pan.

CD-1

Evaluate existing Reznor inline duct heaters for reuse and all other required materials and labor to refurbish the system to good running order.

ENGINEER’S ESTIMATE: $303,000

The time of completion of contract shall be 15 working days as defined in the latest Standard Specifications for Public Works (“Greenbook”). Liquidated Damages, as defined in Section 6-9, shall be $500 per each consecutive calendar day.

Each bidder must submit a proposal to the City, c/o City Clerk in accordance with the Plans and Specifications. Said proposal is to be accompanied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Gardena, in an amount not less than 10 percent of the total bid submitted.

The envelope enclosing the proposal shall be sealed and addressed to the City of Gardena c/o City Clerk, and delivered or mailed to the City at 1700 W. 162nd Street, Gardena, California 90247-3778. The envelope shall be plainly marked in the upper left-hand corner as follows:

ATTENTION: CITY, c/o CITY CLERK
(Bidder's Name and Address)

(Number and title of this project) ________________________

The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney.

The contractor shall have an active C-20 Specialty license and all additional pertinent licenses as needed from the Contractor’s State License Board at the time of submitting bid, and perform a minimum of 25% of the work, .

Pursuant to Public Contract Code Section 22300, the Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the City to insured performance under the contract unless applicable federal regulations or policies do not allow such substitution. Such security shall be deposited with the City, or a state or federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. The Contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City Attorney.

The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive responsible bidder.

Bidders are advised that this Project is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Accordingly, the bidder awarded the Contract and all subcontractors shall be required to pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations, and otherwise comply with the provisions of Section 1770 et seq. of the California Labor Code,

California Code of Regulations, Title 8, Section 16000 et seq., and any other applicable laws, rules and regulations adopted with respect thereto (“California Prevailing Wage Laws”).

Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any Subcontractor under it.

Contractor and any Subcontractor under if shall comply with the requirements of said sections in the employment of apprentices.

The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no less than monthly.

As of January 1, 2016, the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing. City may require a copy of the electronic certified payroll records submitted to the DIR at anytime.

Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the Labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR-approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.

These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.

The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).

Skilled and Trained Workforce: This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.

Award of Contract: The following are conditions to the award of the contract:

I. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract was awarded):
and
II. No contractor or subcontractor may be awarded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 17265.5.

Any questions regarding this bid package may be referred to Frank Sanchez, Project Manager, Public Works Engineering Division at 310.217- 9631 ([email protected]).

Nakaoka Community Center HVAC Upgrade Project, JN 522

T A B L E O F C O N T E N T S

NAKAOKA COMMUNITY CENTER HVAC UPGRADE

PROJECT

DESCRIPTION PAGE DESCRIPTION PAGE

Title Page ....................................................................

Notice Inviting Bids ......................................................

Location Map ...............................................................

Table of Contents ........................................................ i Instructions to Bidders ................................................. ii-iv

BID PROPOSAL (To Be Submitted with Proposal)
Bid Schedule ............................................................... BP-2 Acknowledgement of Addenda Received ..................... BP-5 Bidder’s Declaration..................................................... BP-6 Non-collision Affidavit .................................................. BP-8 Declaration of Eligibility to Contract.............................. BP-9 Bid Bond ...................................................................... BP-10 Designation of Subcontractors ..................................... BP-11 Construction Project Reference ................................... BP-12 Certificate of Non-Discrimination by Contractors .......... BP-13 Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion –
Primary Covered Transition .................................... BP-14

CONTRACT DOCUMENTS (To Be Submitted after Award)
Agreement ................................................................... CD-2 Faithful Performance Bond .......................................... CD-4 Payment Bond ............................................................. CD-6 Workers’ Compensation Insurance Certificate .............. CD-8 Indemnification and Hold Harmless Agreement
Of Subrogation and Contribution .............................. CD-9 Insurance ..................................................................... CD-10

GENERAL PROVISIONS
PART 1 – GENERAL PROVISIONS ............................. GP-1 Section 1 – General................................................. GP-1 Section 2 – Scope of the Work ................................ GP-4 Section 3 – Control of the Work ............................... GP-7 Section 4 – Control of Material ................................ GP-9 Section 5 – Legal Relations and Responsibilities ..... GP-9 Section 6 – Prosecution and Progress of the Work .. GP-10 Section 7 – Measurement and Payment .................. GP-13 Section 8 – Facilities for Agency Personnel ............. GP-14

TECHNICAL PROVISIONS
See Plans

INSTRUCTIONS TO BIDDERS

FORM OF PROPOSAL

The Proposal shall be fully executed and submitted on the forms in the project specifications and shall be enclosed in a sealed envelope marked and addressed as directed in the Notice Inviting Bids.

PRPOSAL / BID DOCUMENTS

All Proposals shall include the following executed documents to be submitted with each bid:

Bidding Schedule

Acknowledgement of Addenda Received

Bidder's Declaration

Non-Collusion Affidavit

Declaration of Eligibility of Contract

Bid Bond

Designation of Subcontractors

Construction Project Reference

Certificate of Non-Discrimination by Contractors

Certification of Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Primary Covered Transitions

DELIVERY OF PROPOSAL

The Proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that its Proposal is received as stipulated. Any Proposal received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened.

WITHDRAWAL OF PROPOSAL

The Proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing time for receipt of proposals. No Proposal may be withdrawn after the hour fixed for opening bids.

iii

MODIFICATIONS AND ALTERNATIVE PROPOSALS

Unauthorized conditions, limitations, or provisions attached to the Proposal will render it informal and may be grounds for its rejection as non-responsive. The completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. Oral, telegraphic, or telephonic proposals or modifications will not be considered.

DISCREPANCIES IN PROPOSALS

In the event there is more than one bid item in a Bidding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and failure to do so will render the Proposal informal and may be grounds for its rejection as non-responsive. The bidder shall state in words and figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies, or machinery, and completely perform the Contract. The total amount of each item bid and the total amount of the bid shall be stated in words and figures.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount named by a bidder for any items are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform thereto.

PROPOSAL GUARANTEE – BIDDER’S SECURITY

Each bidder shall submit with his Proposal cash, an unconditional certified or cashier's check, or a bidder's bond, in the sum of the percentage of the bid stated in the Notice Inviting Bids, payable to the City as a guarantee that the bidder will, if its Proposal is accepted, execute the Contract and furnish a satisfactory Faithful Performance Bond, a satisfactory Payment Bond and insurance certificates as specified herein.

If a bidder to whom an award is made, fails or refuses to sign the Contract or furnish the required bonds and certificates, all within the time stated in Section 2-1.5 of the Special Provisions herein, the funds represented by said cash, check or bidder's bond shall be forfeited and become and remain the property of the City; the amount thereof being agreed to by the bidder and the surety as a bid bond forfeiture due to the City because of the delay in the execution of the Contract and in the performance of work thereunder, resulting from such failure or refusal, except that if the City awards the contract to the next lowest responsive responsible bidder, only that portion of the bidder's security equal to the difference between the two bids will be forfeited.

A Bid Bond must be obtained from a corporate surety authorized to do business as such in the State of California as an “admitted surety insurer” and shall be on the form furnished by the City or one substantially in conformance with it. Certified or cashier's checks must be drawn on a solvent state or nationally chartered bank or branch thereof in the State of California. The liability of the City in connection with the checks shall be limited to the return of the checks (without interest) as provided in Section 2-1.6 of the Special Provisions bound herein.

DISQUALIFICATION OF BIDDERS

A person, firm, or corporation shall NOT be allowed to make or file, or to be interested in, more than one bid, except an alternative bid when specifically requested; provided, however, a person, firm, or corporation who has submitted a sub-proposal to a bidder submitting a

Proposal, or who has quoted prices on materials to such bidders, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals, or from submitting a Proposal as a prime contractor. Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, as further described in the Notice Inviting Bids, will disqualify a bidder.

ADDITIONAL REQUIREMENTS

The bidder's attention is directed to the Special Provisions and Technical Provisions bound herein for additional requirements of the Proposal and Contract Documents.

CONTRACT DOCUMENTS

Contract Documents are to be submitted within twenty-one (21) calendar days AFTER award of contract unless extended by agreement of the City. Failure to timely submit executed Contract Documents may be grounds for rejecting the bid award and forfeiture of the bid security. See enclosed documents commencing on page CD-1.

TO BE SUBMITTED WITH PROPOSAL
BP-1

BID PROPOSAL (BP)

NAKAOKA COMMUNITY CENTER HVAC UPGRADE

PROJECT NO. JN 522

Contractor:

Address:

Phone:

Fax:

License No.:

D.I.R. No.

Email:

To Be Submitted

WITH

Bid Package

TO BE SUBMITTED WITH PROPOSAL
BP-2

BID PROPOSAL

PROJECT NO. JN 522

BID SCHEDULE

The undersigned, having examined the proposed Contract Documents titled:

NAKAOKA COMMUNITY CENTER HVAC UPGRADE PROJECT

and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said proposed Contract Documents and itemized bid schedule below. All work shall be completed within 15 Working Days from the date the Notice of Proceed is issued by the Engineer.

Item
No.

Item Description

Unit Approx.

Quantity
Unit Price
in Figures

Item Total
1 Bonds / Insurance / Permit, and
Mobilization (not to exceed 5% of
contract bid)
LS 1

$
2 Supervision / Installation Labor /
Equipment (no substitution for
Condensing Unit (CU) specified on the
plans)
LS 1

$
3 Start–up / System Functional Operation
Check / City Maintenance Personnel
Training / Warranty Registration and
Turn Over
LS 1

TOTAL CONTRACT BID:

(Figures) $

(Words) ______

* In case of error in extension of price into the total price column, the unit price will govern.

All work required and shown on the construction plans and this specification for which no price or item is listed on this proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will paid therefor.

TO BE SUBMITTED WITH PROPOSAL
BP-3

If the City determines that any of the unit bid prices are significantly unbalanced to the potential detriment of the City, the bid will be replaced as non-responsive.

BID SCHEDULE (Continued)

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto.

Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of _______________________________________________________________________Dollar s, said amount being not less than 10 percent of the amount bid. Pursuant to Public Contract Code Sections 20172 and 20174, it is agreed a portion equal to the difference between the low bid and second low bid shall be retained as a bid bond forfeiture by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Name of Bidder

Signature of Bidder

TO BE SUBMITTED WITH PROPOSAL
BP-4

BID PROPSOAL

PROJECT NO. JN 522

ACKNOWLEDGEMENT OF ADDENDA RECEIVED

The Bidder shall acknowledge the receipt of addenda by number and date each addendum received.

Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________

Addenda will be issued only through the ARC Document Solutions and access under their “Planrooms”/”Order From Planwell” (https://www.e-arc.com/location/costa-mesa/). It is the Bidder’s sole responsibility to visit the Planroom to obtain and administer any Addendum related to this bid. An Addendum must be acknowledged above by a bidder in its submitted form of Proposal.

If an addendum or addenda has been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected.

____________________________________ _____________________________ Bidder’s Signature Date

TO BE SUBMITTED WITH PROPOSAL
BP-5

BID PROPOSAL

PROJECT NO. JN 522

BIDDER'S DECLARATION

It is understood and agreed that:

1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.

2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.

3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.

4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.

The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.

The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.

5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding. The undersigned has not in any manner sought by collusion to secure for himself any advantage over any other bidder.

6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the City after evaluation of the bids as submitted. The undersigned agrees that the City shall recover or retain as a bid bond forfeiture an amount equal to the difference between the low bid and amount of the bid of the bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest bidder in accordance with the provisions of the Public Contract Code Sections 20172 and 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.

TO BE SUBMITTED WITH PROPOSAL
BP-6

BIDDER'S DECLARATION (Continued)

7. The undersigned bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.

Respectfully submitted,

_______________________________ ______________________________________ Contractor's Business Name Contractor (Print) Title

________________________________ ______________________________________ Business Address: Street Signature Title

________________________________ ______________________________________ City State Zip Contractor's License No. and Classification

________________________________ ______________________________________ Business Phone Number Business Fax Number

Date

________________________________ ______________________________________ Name Title Residence: Street

________________________________ ______________________________________ City State Zip Residence Phone Number

Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the co- partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each partner (general and/or limited) must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.

TO BE SUBMITTED WITH PROPOSAL
BP-7

BID PROPOSAL

PROJECT NO. JN 522

NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)

State of California

County of Los Angeles

being first duly sworn, deposes and
says that he or she is of
the party making the foregoing bid, that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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 that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid.

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)

TO BE SUBMITTED WITH PROPOSAL
BP-8

BID PROPOSAL

PROJECT NO. JN 522

DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109]

The undersigned, a duly authorized representative of the contractor, certifies and declares that:

1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.

3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states:

“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.”

“(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”

4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and has determined that none of them are ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ______ day of _________, 20 _, at _________ _______ ________ (place of execution),
California__________.

Signature: ____________________________ Name: _________________________________

Title: ________________________________ Company: ______________________________

TO BE SUBMITTED WITH PROPOSAL
BP-9

BID PROPOSAL

PROJECT NO. JN 522

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT , as Principal,
and , as Surety,
are held firmly bound unto the City of Gardena in the sum of $ ;

DOLLARS,
(not less than ten percent of total amount of bid)
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a bid to the City to perform all work required under the following:

PROJECT: NAKAOKA COMMUNITY CENTER HVAC UPGRADE PROJECT, JN 522

NOW, THEREFORE, if said Principal is awarded a Contract by the City and, within the time and in the manner required in the Specifications for said project, enters into the written form of Contract bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys’ fee to be fixed by the court. Surety hereby waives the provisions of California Civil Code §2845.

SIGNED AND SEALED, this day of , 20 .

(SEAL) (SEAL)
Principal Surety

BY: BY:

Signature Signature

Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney–in-fact must be attached.

TO BE SUBMITTED WITH PROPOSAL
BP-10

BID PROPOSAL

PROJECT NO. JN 522

DESIGNATION OF SUBCONTRACTORS

In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100- 4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the City.

Portion
of Work
% Subcontractor's Name & Address
Type of
Work
State
License
Number Class
D.I.R.

Number

Not more than _____%.

TO BE SUBMITTED WITH PROPOSAL
BP-11

BID PROPOSAL

PROJECT NO. JN 522

CONSTRUCTION PROJECT REFERENCE

In order to more fully evaluate your background and experience for the project herein proposed, please submit a list of Public Works and/or similar construction projects completed or in progress within the last three (3) years. Failure to provide this information may constitute grounds for rejection of your bid as non-responsive.

Number of years as a contractor in construction work of this type:

Three projects of this type recently completed:

1. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $

2. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $

3. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $

NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition.

Bidder's Signature

TO BE SUBMITTED WITH PROPOSAL
BP-12

BID PROPOSAL

PROJECT NO. JN 522

CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS

As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM

TITLE OF PERSON SIGNING

SIGNATURE

DATE

Please include any additional information available regarding equal opportunity employment programs now in effect within your company:

TO BE SUBMITTED WITH PROPOSAL
BP-13

BID PROPOSAL

PROJECT NO. JN 522

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE)

The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of the Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

b. Have not within a 5-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and

d. Have not within a 5-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Signature: ____________________________ Name: _________________________________

Title: ________________________________ Company: ______________________________

TO BE SUBMITTED WITH PROPOSAL
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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS
(Continued)

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

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CONTRACT DOCUMENTS (CD)

NAKAOKA COMMUNITY CENTER HVAC UPGRADE

PROJECT NO. JN 522

To be Submitted
within twenty-one (21) calendar days

AFTER
Award of Contract

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CONTRACT DOCUMENT

PROJECT NO. JN 522

AGREEMENT

THIS AGREEMENT, made and entered into this day of , 20 , by and between CITY OF GARDENA in the State of California, hereinafter referred to as “CITY” and , hereinafter referred to as “CONTRACTOR.”

The City and the Contractor mutually agree as follows:

ARTICLE I.

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees to perform and complete in a good and workmanlike manner all work required by the Contract Documents for City Project No. JN , which is described as follows:

Title: NAKAOKA COMMUNITY CENTER HVAC UPGRADE PROJECT,
JN 522

Said work shall be performed in accordance with the Plans, Specifications and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are provided in the Contract Documents to be furnished by City.

ARTICLE II.

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

ARTICLE III.

CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire agreement between the City and the Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids, Instructions to Bidders, Bidding Schedule, Bidder's Declaration, Designation of Subcontractors, Bidder's Assurance, and Fair Employment Practices documents; this Agreement; Standard Specifications; Special Provisions; Technical Provisions; Drawings; Plans; and all addenda issued prior to and all modifications issued after the execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

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ARTICLE IV.

EFFECTIVE DATE

This Agreement shall become effective and commence as of the date set forth below on which the last of the parties, whether City or Contractor, executes said Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized.

CITY CONTRACTOR

By: By:

MAYOR (Sign) Sign / Title

Date: Date:

SEAL
Attest: Attest: (Contractor)
By:

CITY CLERK (Sign) By:

Sign / Title
Date: Date:

APPROVED AS TO FORM:

By:

CITY ATTORNEY (Sign)

Date:

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CONTRACT DOCUMENT

PROJECT NO. JN 522

FAITHFUL PERFORMANCE BOND

WHEREAS, the City of Gardena has awarded to ___ _____, hereinafter designated as the "Principal", a Contract for:

PROJECT: NAKAOKA COMMUNITY CENTER HVAC UPGRADE PROJECT, JN 522

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;

NOW, THEREFORE, we,
as Principal, and
as Surety, are held and firmly bound unto the City in the sum of

Dollars ($ ), this amount being not
less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

In case suit is brought upon this bond, the Surety will pay all court costs and reasonable attorneys’ fees to the City of Gardena in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.

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This bond shall remain in full force and effect for a warranty period of one full year after acceptance of the job by the City.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and

Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

[PRINCIPAL]

By
Title

Signature

[SURETY]

By
Title

Address

Phone No.

Signature

All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

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CONTRACT DOCUMENT

PROJECT NO. JN 522

PAYMENT BOND

WHEREAS, the City of Gardena has awarded to , as Contractor, a contract for the work described as follows:

PROJECT: NAKAOKA COMMUNITY CENTER HVAC UPGRADE PROJECT, JN 522

AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law;

NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of ,
Dollars ($ _____ ) this amount being not less than one hundred percent (100%) of the total Contract price, for which payment well and truly to 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 Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, or any other amounts due to persons under any applicable project contract or law, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.

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This bond shall remain in full force and effect for six full months after the period in which verified claims may be filed as provided for in Section 3184 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20 .

[PRINCIPAL]

By
Title

Signature

[SURETY]

By
Title

Address

Phone No.

Signature

All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

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CONTRACT DOCUMENT

PROJECT NO. JN 522

WORKER'S COMPENSATION INSURANCE CERTIFICATE

The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract.

DATED:

CONTRACTOR

By
Signature

Title

ATTEST:

By
Signature

Title

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CONTRACT DOCUMENT

PROJECT NO. JN 522

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

AND WAIVER OF SUBROGATION AND CONTRIBUTION

NAKAOKA COMMUNITY CENTER HVAC UPGRADE PROJECT, JN 522

To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Gardena and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.

“Indemnitor”

Company/Contractor

Name & Title

Signature & Date

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CONTRACT DOCUMENT

PROJECT NO. JN 522

INSURANCE

CERTIFICATION OF INSURANCE (COI) SHALL BE SUBMITTED BY THE CONTRACTOR

1. COMMENCEMENT OF WORK. Contractor shall not be authorized to commence Work under this Contract until it has obtained approved insurance. Before beginning Work hereunder, during the entire period of this Contract, for any extensions hereto, and for periods after the end of this Contract as may be indicated below, Contractor must have and maintain in place not less than the insurance coverages required in this Section at his sole cost and expense. Contractor’s insurance shall comply with all items specified by this Contract. Any subcontractors shall be subject to all of the requirements of this Section and Contractor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Contractor’s insurance may cover all subcontractors. The insurance requirements are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Contract.

2. INSURANCE COMPANY REQUIREMENTS. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

3. COVERAGES, LIMITS AND POLICY REQUIREMENTS. Contractor shall maintain the types of coverages indicated below:

4. COMPREHENSIVE GENERAL LIABILITY INSURANCE. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either one million dollars ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate.

5. COMMERCIAL AUTO LIABILITY INSURANCE. A policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City. The minimum auto insurance coverage shall be one million dollars ($1,000,000) combined single limit per accident.

6. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE. A policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars ($1,000,000) per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

In accordance with the provisions of section 1860 of the California Labor Code, Contractor's attention is directed to the requirement that in accordance with the provisions of section 3700 of the California Labor Code, Contractor and every subcontractor will be required to secure the payment of compensation of his or her employees, or obtain a certificate of

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consent to self-insurance by the Director of Industrial Relations in accordance with the requirements of Section 3700 of the California Labor Code.

In accordance with the provisions of section 1861 of the California Labor Code, Contractor shall sign and file with the awarding body the following certification prior to performing any work on the Project:

"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

7. POLICY REQUIREMENTS. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

(i) City and its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy as respects liabilities arising out of the performance of any work done under the Contract.

(ii) The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.

(iii) For any claims with respect to the Project covered by this Contract, Contractor’s insurance coverage shall be primary insurance as respects City and its elected and appointed officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City and its elected and appointed officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not contribute with it.

(iv) The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

8. COURSE OF CONSTRUCTION INSURANCE. Contractor shall provide course of construction insurance covering for “all risks” of loss in the amount of the completed value of the Work. The City shall be named as a loss payee and the insurer shall waive all rights of subrogation against the City. This policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return receipt requested, is mailed to the City. Course of Construction Insurance may be provided for each separate Phase.

9. ADDITIONAL REQUIREMENTS. The procuring of required insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract. City shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Contractor shall be deemed in default hereunder.

10. DEDUCTIBLES. Any deductible or self-insured retentions must be declared to and approved by City. Contractor shall guarantee that, at the option of the City, either: the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Contractor); or Contractor shall provide satisfactory financial guarantee for payment

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of losses and related investigations, claim administration and defense expenses in the amount of any deductibles or self-insured retentions.

11. VERIFICATION OF COMPLIANCE. Contractor shall furnish City with the required endorsements attached hereto. All documents are to be received and approved by City before Work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Contract, Contractor shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Contractor shall provide full copies of any requested policies to City within three (3) days of any such request by City.

12. TERMINATION FOR LACK OF REQUIRED COVERAGE. If Contractor, for any reason, fails to have in place, at all times during the term of this Contract, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Contractor’s expense and/or terminate this Contract. Contractor shall indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents and volunteers from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain any insurance required by this Contract.

13. EQUIPMENT COVERAGE. Any policy or policies of insurance Contractor or his subcontractors elect to carry as insurance against loss or damage to construction equipment and tools or other personal property shall include a provision waiving the insurer’s right of subrogation against City.

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GENERAL PROVISIONS

NAKAOKA COMMUNITY CENTER HVAC UPGRADE PROJECT
JN 522

PART 1 – GENERAL PROVISIONS

SECTION 1 – GENERAL

1-1 GENERAL. The Standard Specifications for Public Works Construction (“Greenbook”) written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specifications of the City. All work shall conform to the 2021 edition, including supplements of the Standard Specifications, the Special Provisions which supplement or modify the Standard Specifications, and the Standard Drawings as issued by the City (defined herein as “Agency”) available at the time bids are opened unless otherwise specified in the Contract Documents.

The above referenced Standard Specifications, Special Provisions and Standard Drawings are hereby made a part of the Contract Documents.

For the convenience of the Contractor, the section and subsection numbering system used in these Special Provisions corresponds to that used in the Standard Specifications.

1-2 TERMS AND DEFINITIONS. Whenever in the Standard Specification the following terms are used, they shall be understood to mean and refer to the following:

(a) AGENCY The City of Gardena, a California municipal corporation.

(b) BOARD The City Council of the City of Gardena

(c) CONTRACT Documents including but not limited to the proposal forms, DOCUMENTS Standard “Greenbook” Specifications, Special Provisions, Technical Provisions, Notice Inviting Bids, Instructions to Bidders, Bonds, Insurance, Contract and all Addenda
setting forth any modifications of the documents.

(d) ENGINEER The City of Gardena Director of Public Works/City Engineer or his authorized representative.

(e) BIDDER An individual, co-partnership, association or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

(f) LEGAL ADDRESS The legal address of the Contractor to be the address OF CONTRACTOR given on the Contractor’s bid and is hereby designated as the place to which all notices, letters or other
communications to the Contractor shall be mailed or
delivered.

(g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract.

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1-7 AWARD AND EXECUTION OF THE CONTRACT.

1-7.1 General. The proposal shall be fully executed and submitted on the forms provided by the Agency and shall be enclosed in a sealed envelope marked and addressed as directed in the “Notice Inviting Bids”.

If the proposal is made by an individual, it shall be signed and his or her full name and address shall be given; if it is made by a firm it shall be signed with co-partnership name by a general partner thereof, who shall also sign his or her known name, and the name and address of each member of such co-partnership shall be given; if made by a corporation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal.

Bidders are warned against making erasures or alterations of any kind on their Proposal.

Proposals which contain omissions, erasures, alterations, conditions or additions not called for may be rejected.

At the time the Contract is awarded by the Agency, the Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work required by this Contract.

1-7.2 Contract Bonds. The “Performance Bond” is equivalent to City’s “Faithful Performance Bond”.

1-7.3 Examination of Plans, Specifications and Project Site. Bidders shall read the specifications, review the drawings and examine the existing facilities to fully understand the project in order to plan for the improvements as shown in the contract, including local condition, uncertainty of weather and all other contingencies.

Bidders shall satisfy themselves by personal examination of the proposed work sites, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, drawings, or from the Engineer/Architect of the record, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the Agency.

1-7.4 Interpretation of Drawings and Documents. If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpretation or a correction thereof. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be sent by certified mail, postage prepaid, or delivered to each person receiving a set of the Contract Documents whose address is known to the Engineer and such addendum shall be considered a part of and incorporated in the Contract Documents.

1-7.5 Award of Contract. After the Proposals have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein.

The Agency reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received.

Bids subsequently shown to be mathematically unbalanced would be rejected as nonresponsive.

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A mathematically unbalanced bid is one containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, which he/she anticipates for the performance of the items in question.

“A bid is mathematically unbalanced if the bid is structured on the basis of nominal prices for some work and inflated prices for other work; that is, each element of the bid must carry its proportionate share of the total cost of the work plus profits.”

“A bid is materially unbalanced if there is a reasonable doubt that award to the bidder submitting the mathematically unbalanced bid will result in the lowest ultimate cost to the Government.

Consequently, a materially unbalanced bid may not be accepted.”

Award of the Contract, if it be awarded, will ordinarily be made by the Agency within 30 days after opening of the bids. Award will be made to the lowest responsive responsible bidder.

In selecting the lowest responsive responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the proposal. To receive favorable consideration, a bidder may be required to present evidence that he has successfully performed similar work of comparable magnitude or submit other evidence satisfactory to the Agency that he or his associates are competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work.

Only manufacturers or contractors of established reputation, or their duly authorized dealers or agency, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the contract, will be considered in making the award.

1-7.6 Execution of Contract. A bidder whose proposal is accepted shall properly sign a written contract with the Agency on the form attached hereto and return said contract together with good and approved bonds and insurance certificates as required by the Contract Documents within twenty-one (21) calendar days from the date of the mailing of a notice from the Agency to the bidder, according to the address given by him, of acceptance of his proposal.

Contract bonds and certificates of insurance, if required, shall be filed in all instances before delivering any equipment, materials, or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified.

If a bidder whose proposal is accepted fails or refuses to enter into a contract as herein provided, or to conform to any stipulated requirement in connection therewith, the money represented by his check or bidder’s bond shall be refunded less the difference between the low bid and the bid of the bidder with whom the Agency enters into an agreement in accordance with the provisions of the Public Contracts Code Section 20174. At the discretion of the Agency, an award may be made to the bidder whose proposal is next most acceptable to the Agency, and such bidder and his surety shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made.

A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of its right to do business in California and of the authority of the officer signing the contract and bonds for the corporation to so sign.

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1-7.7 Return of Proposal and Guarantee. The check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Check or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty-five (45) days from the date of opening bids.

1-7.8 Precedence of Contract Documents. The order of precedence of contract document shall be:

FIRST Requirements of law, including the Code and Ordinances of the City of Gardena.

SECOND Permits from other agencies as may be required by law.

THIRD Permits from City of Gardena Departments as may be required by law or ordinance.

FOURTH The Contract.

FIFTH The Bid Proposal.

SIXTH Addenda.

SEVENTH Notice Inviting Bids.

EIGHTH Instructions to Bidders.

NINTH Technical Provisions.

TENTH Plans.

ELEVENTH General Provisions of the Standard Specifications.

TWELFTH Standard Plans.

THIRTEENTH Standard Specifications for Public Works Construction (current edition).

FOURTEENTH Caltrans Standard Plans and Specifications.

FIFTEENTH Reference Specifications.

Change orders, supplemental agreements and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND and THIRD. Detailed plans shall have precedence over general plans.

SECTION 2 – SCOPE OF THE WORK

2-2 PERMITS. The Contractor will obtain, at no cost to the Agency, all permits necessary to perform the work on streets, highways, railways or other rights-of-ways. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to those permits required for night work, overload, blasting and demolition. For private GP-5
contracts, the Contractor shall obtain all permits incidental to the work or made necessary by its operations, and pay all costs incurred by the permit requirements.

The Contractor and each subcontractor employed upon the work must have or obtain a valid City of Gardena Business License in accordance with the provisions of the Gardena Municipal Code.

The project is subject to permit(s) from the Community Development Department. The permits are ready to be issued and the Contractor is required to pull the applicable project permits (i.e. electrical, mechanical, plumbing, building, etc.). The permit costs will be borne by the Contractor.

2.10 DISPUTED WORK.

2.10.1 Retention of Imperfect Work. If any portion of the work done or materials furnished under the contract proves defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make deductions therefor in the payment of the contract item due Contractor as may be just and reasonable.

2-11. DISPUTE RESOLUTION.

2-11.1 Requests for Contract Adjustments and Relief. If either Contractor or the Agency believes that it is entitled to relief against the other for any event arising out of or related to the work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in the applicable sections of this Contract.

In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed fourteen (14) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request.

2-11.2 Dispute Avoidance and Resolution. The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Contractor and the Agency each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the work under the Contract.

Contractor and the Agency will first attempt to resolve disputes or disagreements at the field level through discussions between Contractor’s Representative and the Engineer.

If a dispute or disagreement cannot be resolved through the Contractor’s Representative and the Engineer, Contractor’s Chief Executive Officer or similar senior representative and the Gardena City Manager, or designee, upon the request of the other party, shall meet as soon as conveniently possible, but in no case later than twenty (20) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meeting between the parties’ senior representatives, the parties will exchange relevant information that will assist the parties GP-6
in resolving their dispute or disagreement.

If, after meeting, the senior representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties may submit the dispute to binding or non-binding mediation. The mediation shall be conducted in any manner and by any person or mediation association mutually acceptable to the parties.

2-11.3 Arbitration. Any claims, disputes or controversies between the parties arising out of or relating to the Contract, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 9-4.2 above may be decided by binding or non-binding arbitration. The arbitration shall be conducted in any manner and by any person or arbitration association mutually acceptable to the parties.

2-11.4 Claims Disputes. Any claims of Contractor, as “claims” are defined in California Public Contract Code Section 9204 shall be processed in accordance with that section. Section 9204 provides in relevant part that upon receiving a claim from a contractor, together with reasonable documentation to support the claim, a contracting public entity shall conduct a reasonable review of the claim and, within a period not to exceed 45 days [except as otherwise provided in Section 9204], shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, Section 9-4.3 shall apply. If the contractor disputes the public entity’s written response, or if the public entity fails to respond to a claim within the time prescribed, the contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the contractor sharing the associated costs equally. The public entity and contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to other applicable procedures.

2-13 DRAWINGS AND SPECIFICATIONS (“RECORD” DRAWINGS). At all times, the Contractor shall maintain at the project a “Record” set of Drawings and Specifications to include all executed addenda, change orders, and field orders.

Prior to each progress payment the Contractor shall deliver to the Engineer, a set of contract drawings with all applicable “as constructed” notes placed/recorded thereon. Failure to provide “as constructed” plans will cause progress payment to be withheld until information is provided to City.

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After completion of the work and before final payment, the Contractor shall deliver to the Engineer a complete set of contract drawings with all applicable “as constructed” noted placed/record thereon. The final form and detail of these as constructed plans are subject to the acceptance of the Engineer.

2-14 MARKING REMOVAL. All markings placed by the Contractor, City, and Underground Service Alert (USA) during construction shall be removed at the completion of the work. These markings shall include, but not limited to, paint, stakes, and metal tags.

All cost associated with removal of markings shall be included in the bid prices for the applicable bid items. Failure of the Contractor to remove these markings shall be cause for the City to do the work and withhold the costs from the Contractor’s final payment.

SECTION 3 – CONTROL OF THE WORK

3-5 INSPECTION. Inspection shall be made once a day for areas ready for inspection. Areas or items that fail inspection or that are not ready for inspection shall be rescheduled by the contractor.

Inspection of the work shall not relieve the contractor of the obligation to fulfill all conditions and requirements of the contract.

3-6 THE CONTRACTOR’S REPRESENTATIVE. The Contractor shall furnish the Engineer with the name, address and cell/ business/home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices.

3-10 SURVEYING.

3-10.3 Line and Grade. Unless otherwise provided in the Technical Provisions, establishing lines and grades for construction shall be the responsibility of the Contractor, with the following provisions:

All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved.

The Contractor shall provide a copy of the office calculations and grade sheets to the Agency’s Inspector. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer within 24 hours of any discrepancies or design errors discovered during staking.

Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor.

3-12 WORK SITE MAINTENANCE.

3-12.1 General. The Contractor shall keep the work site clean and free from rubbish and debris.

The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water in keeping with the AQMD and NPDES requirements. Debris, soil or other matter shall not be washed into storm drains but shall be collected and disposed of in a legal, responsible manner.

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The construction area shall be cleaned with a power sweeper at the end of every workday and when deemed necessary by the Engineer.

The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Use temporary sandbags to control the site perimeter. At the completion of the project sandbags shall become the property of the City of Gardena and shall be remain in place.

The Contractor shall not spill on haul routes. Any such spillage shall be removed immediately and the area cleaned.

Stockpiling of construction materials or debris on City right-of-way shall be in accordance with the NPDES permit and shall be approved by the inspector. At the completion of work, the Contractor shall thoroughly clean all work areas.

3-12.2 Air Pollution and Surface Maintenance Control. The Contractor shall obtain a construction water meter from Golden State Water including required deposit and fees. The Contractor shall pay for the water used, at the current water rates. All arrangements for construction water shall be made by contractor with Golden State Water at Contractor expense.

3-12.4. Storage of Equipment and Material.

3-12.4.1 General. All costs associated with the disposal of all excavated or demolition materials, including any gate fees, shall be paid by the Contractor. These costs shall be included in the bid price for the applicable bid items.

Prior to any excavated or demolition material being removed from the construction site the Contractor shall notify the City as to the hauling route and destination for disposal. If the location for disposal is other than a county landfill then the Contractor shall provide the City with written permission and release of liability for the City from the owner of the property where the material will be deposited.

The City has an exclusive agreement with Waste Resources, Inc. and no other firm may provide bulk trash bins in the event the work requires this service.

3-12.4.2 Storage in Public Streets. Construction equipment shall not be stored at the construction site, any public street or publicly owned facilities without approval of the City.

Contractor shall store equipment at a contractor’s rental yard.

All excavated material that is to be hauled to and disposed of at a County landfill site by the Contractor is subject to a County gate fee based on tonnage.

3-12.5.4 Protection and Restoration of Existing Improvements. Any facilities, structures, water lines, landscaping, surfaces, signs, pavement markings, painted curbs, house numbers, etc., which are damaged during construction shall be restored to the satisfaction of the City. Damaged water lines shall be repaired immediately at no additional cost to the city.

3-12.5.5 Access to Private Property. The Contractor shall be aware that business and residential access must be maintained at all times. The Contractor shall schedule operations to minimize interference with access to private property.

The main access way to any business or home shall not be completely blocked for more than one four-hour period a day except blockage shall be limited to one twenty-four (24) hour period when concrete is poured.

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Temporary access ways shall be provided from the street to the main access way of all businesses and homes by use of traffic rated steel plates or any other method approved by the city.

Payment for this item shall be included in the applicable contract work item.

3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.

3-13.3 Warranty. In addition to the guarantees as required in Section 1-7.2 and 3-13.3 of the Standard Specifications, the Faithful Performance Bond shall remain in full force and effect for a period of one year after acceptance of the work by the Agency to insure that defects, which may appear within said period, will be repaired, replaced, or corrected by the Contractor, at his own cost and expense, to the satisfaction of the Engineer within thirty (30) days after written notice thereof by the Agency.

SECTION 4 – CONTROL OF MATERIAL

4-1 GENERAL.

4-1.1 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier.

The Contractor warrants clear and good title to all materials, supplies and equipment installed and incorporated in the work, and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him to the Agency free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Agency.

The provisions of this section shall be inserted in all subcontractor’s and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into regarding such materials.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBLITIES

5-4 INSURANCE. In lieu of Section 5-4 of the Standard Specifications, refer to the City Contract Documents Section, CD-10, for detail requirements.

5-5 ANTITRUST CLAIMS. By entry into this Contract, Contractor hereby acknowledges the terms of Section 7103.5 of the Public Contract Code and hereby offers and agrees to assign to the Agency all rights, title and interest in all causes of action it may have as outlined above.

5-7 SAFETY.

5-7.4 Hazardous Substances. As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet GP-10
below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify the Agency of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by the Agency; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, the Agency shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the Contract but shall retain all rights provided by the Contract and by law for making protests and resolving the dispute.

5-7.4.1 Edison Energized Conductors. Contractor hereby promises and agrees that in the performance of the work specified in this Contract, it will employ and utilized only qualified persons, as hereinafter defined, to work in proximity to Edison’s secondary, primary and transmission facilities. The term “qualified person” is defined in Title 8, California Administrative Code, Section 2700, as follows:

“Qualified Person: A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved.”

Contractor further promises and agrees that the provisions of this section shall be and are binding upon any subcontractor or subcontractors that may be retained by it, and that Contractor shall take such steps as are necessary to assure compliance by said subcontractor or subcontractors with the requirements of this section.

5-7.4.2 Emergency Provisions. Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.

Whenever, in the opinion of the Agency, an emergency exists of which the Agency is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the Agency, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the Agency may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the Agency may seem reasonable and necessary, all at the expense of the Contractor.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK

6-1.1 Construction Schedule. The Contractor’s proposed construction schedule shall be submitted to the Engineer within fourteen (14) calendar days after the date of the contract execution. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

The Contractor shall include in his bid all costs to perform the work under this contract in stages.

The Contractor shall begin and complete work in each stage prior to starting work in subsequent stages unless previous permission is obtained from the Engineer. The contractor shall stage the GP-11
work to allow parking on the next adjacent streets. Restricting parking on multiple adjoining streets shall require approval of the engineer.

6-1.2 Commencement of the Work. City may establish a Notice to Proceed (NTP) date no later than thirty (30) calendar days after the date of the contract execution. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods and clarify inspection procedures.

The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Public Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work.

The Contractor shall also notify the City of Gardena and the owners of all utilities and substructures within the Project area not less than 48 hours prior to starting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct:

COMPANY CONTACT TELEPHONE NO.

Southern California Edison Joshua Remijio 562.756.3241
Southern California Gas Melissa Fukunaga: Tech Services Planning: Attn - Lead Planner
213.231.7281
AT&T Marco A. Perez 626.491.5503
Raymond Dover 310.515.4257
Gardena Police Dispatch 310.3237911
L.A. County Fire Dept. 310.323.7911
Time Warner
Communications Arturo Fernandez 310.750.9099
Crown Castle Hector Aguilera 951.454.5111
Waste Resources of Gardena Lorena Rodriguez 310.366.7600 Golden State Water Co. Conde Ventura 310.436.6950 x107 Joseph Salcido 310.660.0320 x101
L.A. County Flood Control Daryll Chenoweth 626.458.3129 L.A. Sanitation District Jon Ganz 562.908.4288
Metropolitan Water District Civil Eng. Substructures Section 213.217.7059 Chevron Pipeline Dave Zerler 310.669.4014
Underground Service Alert 800.422.4133

The Contractor shall submit periodic Progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

6-1.3 Working Day. The Contractor’s working hours shall be limited to the hours between 7:30 A.M. and 4:30 P.M., Monday through Friday except holidays. No work which will cause loud or disruptive noise to adjacent residents and “No Parking” enforcement shall begin prior to 8:00 a.m. nor terminate later than 4:30 p.m. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for GP-12
the safety of the workmen and the public, and for proper inspection.

If the Contractor works beyond the allowed working hours without prior written approval from the Engineer, the Contractor may be charged Five Hundred ($500) for each occurrence as required by the Engineer. The amount will be deducted from a progress payment or bond.

Contractor hereby acknowledges and shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day’s work. Contractor shall pay to the Agency a penalty of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor.

6-1.4 Notice and Service Thereof. Any notice required or given by one party to the other under the contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:

Notice shall be given to the Agency by personal delivery thereof to the City of Gardena Engineer or by depositing the same in the United States mail enclosed in a sealed envelope, registered and with postage prepaid, addressed to:

Public Works Department
City of Gardena
1717 W. 162 nd Street
Gardena, CA 90247-3778

Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Contract, postage prepaid and registered.

Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered.

Notification of Property Owners and Tenants - The Contractor shall notify each property owner and/or tenant in the project area in writing five (5) working days prior to the start of construction.

If pedestrian or vehicular access to private property is to be blocked, the Contractor shall again notify each property owner and/or tenant in writing five (5) working days prior to construction activities. The Contractor shall provide additional notices when a lapse time occurs during each phase/segment work.

The written notice shall be submitted to the Engineer for approval prior to being delivered.

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6-2 PROSECUTION OF THE WORK.

6-2.1 Contractor’s Responsibility for Work. Until the formal acceptance of the work by the Agency, the Contractor shall have the charge and care thereof and shall, subject to the insurance protection furnished in accordance with the Section 1-7.6 and 5-4 hereof, bear the risk of accident, loss or damage to any part thereof by action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and otherwise correct damages to any portion of the work occasioned by any of the above causes before its acceptance.

In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for all materials and the proper temporary storage thereof.

6-3 TIME OF COMPLETION.

6-3.1 General. The contract time shall begin per the City’s written notification. Work must be completed within working days specified for the project. In addition, the Contractor shall notify the City 24 hours in advance of the actual commencement of work.

No work shall be undertaken during the City’s holiday closures. It is the Contractor’s responsibility to determine the City’s closure dates.

6-9 LIQUDATED DAMAGES. The amount of liquidated damages is hereby amended to $500 for each consecutive calendar day.

SECTION 7 – MEASUREMENT AND PAYMENT

7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.

7-1.2 Method of Measure. The quantities shown on the Bid Schedule are approximate only. The Contractor will be paid for the actual quantities of work based on approved field measurements as provided for in these Specifications. The City reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the Specifications. Additional bid item work shall be completed within the total working days in these specifications. Additional working days maybe allowed with the approval of the engineer.

7-3 PAYMENT.

7-3.2 Partial and Final Payment. The Engineer will authorize monthly partial/progress payments per Section 7-3.2 of the Standard Specifications. Contractor’s monthly invoice shall be submitted on company letterhead. Each invoice submitted shall include: project name, date of invoice, progress payment number, and purchase order number. All bid items shall be included on each invoice and include unit, unit price bid, original quantity, amount, previous payment quantity and amount, current invoice payment quantity and amount, total project payment quantity and amount. In addition, any approved change orders shall be listed on invoice. Payment to Contractor typically takes 30 days from submittal of approved invoice.

However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents.

7-3.3 Delivered Materials. The City will NOT honor or make any progress payments for materials ordered and delivered to the job site by the Contractor unless prior approval is obtained from the Engineer.

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7-4 PAYMENT FOR EXTRA WORK.

7-4.3 EXTRA WORK. When work is performed on a "time and materials" basis, the following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits:

1) Labor ......................................................... 20 2) Materials ......................................................... 15 3) Equipment Rental ....................................................... 15 4) Other Items and Expenditures .................................... 15

To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.

When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL

8-2 FIELD OFFICE FACILITIES. The Contractor shall provide the class of field office indicated below:

Class "A" Class "B" Class "C"

In the event none of the boxes are marked above, no specific field office will be required, and the use therefor of any field office will be at the Contractor's discretion. The location of any field office shall be as provided on the plans, in these Specifications or as designated by the Engineer.

END OF GENERAL PROVISIONS

M0.0KEY PLANDATE:ISSUED FOR:BIDDING07-25-23
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EXISTING AIR COOLED CONDENSING UNIT SCHEDULECOOLING COIL SCHEDULENEW AIR COOLED CONDENSING UNIT SCHEDULE M0.1

MECHANICAL ROOM DEMO PLAN

MECHANICAL NOTES
DATE:ISSUED FOR:BIDDING07-25-23
5-2612MECHANICAL ROOM PROPOSED PLAN

MECHANICAL DEMO KEY NOTESDEMOLITION GENERAL NOTESMECHANICAL GENERAL NOTESSECTION A-A M1.0
DATE:ISSUED FOR:BIDDING07-25-23
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M2.0

DATE:ISSUED FOR:BIDDING07-25-23
5-2612BUILDING INFORMATIONM3.0

MECHANICAL EGRESS PLAN

DATE:ISSUED FOR:PLAN CHECK05-15-23SIMPSON GUMPERTZ & HEGER1150 S. Olive Street, Suite 1600Los Angeles, CA 90015213.271.2000sgh.com

NOT FOR CONSTRUCTION
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I:\LA\Projects\2023\238052.00-GARD\Drawings\Working_Set\GARD_S0.1 GenNotes.dwg, 5/18/2023 5:24:49 PM, GVoss • • • • • • • • • • • • • • • • • • • • • • • • •
DATE:ISSUED FOR:PLAN CHECK05-15-23SIMPSON GUMPERTZ & HEGER1150 S. Olive Street, Suite 1600Los Angeles, CA 90015213.271.2000sgh.com

NOT FOR CONSTRUCTION
5-2612S0.2
I:\LA\Projects\2023\238052.00-GARD\Drawings\Working_Set\GARD_S0.2 SpecInsp.dwg, 5/18/2023 5:24:52 PM, GVoss DATE:ISSUED FOR:PLAN CHECK05-15-23SIMPSON GUMPERTZ & HEGER1150 S. Olive Street, Suite 1600Los Angeles, CA 90015213.271.2000sgh.com

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City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 19.A
Section: COUNCIL ITEMS
Meeting Date: September 26,
2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Discuss and Consider City Council Policy Statement prohibiting the City from co-hosting any events with individual City Council Members COUNCIL ACTION REQUIRED:

Staff Recommendation: Discuss and Consider adoption of City Council Policy Statement prohibiting the City from co-hosting any events with individual City Council Members
RECOMMENDATION AND STAFF SUMMARY:

During the September 12, 2023, City Council meeting, a directive was given to staff by Mayor Cerda and seconded by Councilmember Tanaka prohibiting the City from co-hosting any events with individual City Council Members.

Attached for City Council consideration is the City Council policy statement prohibiting the City from co-hosting any events with individual City Council Members.

FINANCIAL IMPACT/COST:

N/A
ATTACHMENTS:

Council Policy 2023-01 - Prohibiting the City from Co-Hosting any Events with Individual City Council Members.docx

APPROVED:
___________________________________
Clint Osorio, City Manager

COUNCIL POLICY
SUBJECT: PROHIBITING THE CITY FROM CO-HOSTING

ANY EVENTS WITH INDIVIDUAL CITY COUNCIL MEMBERS

Page 1 of 1 ends

1.0 POLICY STATEMENT
The City will not co-host any events with individual City Council Members.

Document: Policy Statement Revision:

Subject: Prohibiting the City from Co-Hosting any
Events with Individual City Council Members
Effective Date: 09-26-2023
Author: Clint D. Osorio, City Manager Reference No. 2023-01 Authorized by: Tasha Cerda, Mayor
___________________________________________

Gardena City CouncilSeptember 26, 2023

Gardena City Council
September 26, 2023