Agenda Item A.2
CONSENT CALENDAR
Meeting Date: August 20, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Interim Public Works Director PREPARED BY: Kent Yankee, Contract Project Manager
SUBJECT: Award of Construction Contract for 2024 Miscellaneous Concrete Repair Project
RECOMMENDATION:
A. Authorize the City Manager to execute a Construction Contract with A M Concrete Inc., for the 2024 Miscellaneous C oncrete Repair Project in the not -to-exceed amount of $295,114.50; and
B. Authorize the Public Works Director to approve contract contingency for the 2024 Miscellaneous Concrete Repair Project, if necessary, in an amount not-to-exceed $59,022.90.
BACKGROUND:
The City has a project to annually inspect, evaluate, and perform miscellaneous concrete repairs citywide. This project's scope includes various concrete improvements, such as new concrete sidewalks, curbs, gutters, and concrete curb ramps tha t meet Americans with Disabilities Act (ADA) standards.
On May 21, 2024 , City Council approved the plans and specifications for the 2024 Miscellaneous Concrete Repair Project (Project) and authorized staff to call for bids. One bid was received and opened on June 24, 2024. The Project contained a Base Bid and five (5) alternate locations. Bid alternates are used to help manage costs during the public bid process. When bids come in lower than estimated or additional City funds are made available, the City has the flexibility to accept combinations of the work proposed to maximize benefit to the City within the Project scope. When bids come in higher than estimated, alternates can be removed from the proposed scope of work to stay within the proposed budget.
Table 1 shows the base bid and five alternate locations, the engineer’s estimate, and bid results. Attachment 3 shows a project location map.
1 Meeting Date: August 20, 2024
Table 1: Bid Results
Description Engineers Estimate A M Concrete Inc.
Base Bid $209,520.00 $279,852.50
Alt. 1 (Site A) $24,560.00 $28,120.00
Alt. 2 (Site B) $32,830.00 $37,688.00
Alt. 3 (Site C) $10,235.00 $15,262.00
Alt. 4 (Site D) $25,855.00 $35,124.00
Alt. 5 (Site E) $13,220.00 $19,188.00
Total $316,220.00 $415,234.50
The Fiscal Year 20 24/25 budget allows for up to $3 55,000 for construction and construction contingency for the concrete improvement project. Based on the available funding, Public Works staff recommends award of the Base Bid and Alternative Bid 3 .
The total construction costs are shown in Table 2.
Table 2: Construction Award Amounts
Recommended Award
Base Bid $279,853
Alt. 3 (Site C) $15,262
Base Bid and Alt 3 Subtotal $295,114
Construction Contingency (20%) $59,023
Total $354,137
Staff anticipate construction of the 2024 Miscellaneous Concrete Repair Project to begin in the fall of 2024, with completion by the winter of 2024.
DISCUSSION:
The scope of this Project (base bid) includes removing and replacing concrete in various neighborhoods, which include portions of San Napoli Drive, Dartmoor Avenue, Padova Drive, Huntington Drive, Princeton Avenue, Westmoreland Avenue, Parkhurst Drive, Placer Drive, Somerset Drive, and Sylvan Drive, as well as additional sites (Alternate 3) on Cambridge Drive.
The City has a concrete management program to maintain and strengthen the public concrete infrastructure for connectivity, access, and function. The program removes safety hazards for pedestrians and vehicles while creating an environment beneficial to the residents. The program addresses damaged concrete sidewalks and curb ramps to ensure regulatory compliance, including ADA standards. There are more repair locations citywide than the budget allows for addressing at one time, however , evaluation is performed to address repair locations as effectively as possible within Project budget constraints.
2 Meeting Date: August 20, 2024
GOLETA STRATEGIC PLAN:
City-Wide Strategy: Strengthen Infrastructure
FISCAL IMPACTS:
The one bid received for the Project is overall 30% higher than the engineer's estimate, including the base bid and all alternates. Many of the City’s recent construction bids have been coming in significantly higher than engineers estimate based on volatile construction market fluctuations causing variances in costs, labor shortages, and other large construction projects in the region limiting contractor availability , including prime contractors and sub-contractors. Due to the low dollar value and only one bid response, it is not uncommon for bids to be in this range above an engineer’s estimate, and this was the reason alternates were used to accommodate fluctuations in costs and labor.
The concrete maintenance operating budget funds the 2024 Miscellaneous Concrete Repair Project. Fiscal Year 2023/24 funds are requested for carryover to help fund the Project. Table 3 includes the Project's estimated costs and funding sources.
Table 3: 2024 Miscellaneous Concrete Repair Project Costs
Project Components Estimated
Project Costs Funding Source Funding
Amounts
Conceptual Design $0 General Fund (101)* $201,803.40 Environmental $0 Measure A Fund (205)* $189,214
Final Design $36,880
Construction $295,114
Construction Contingency $59,023
Total: $391,017 Total: $391,017
*Includes Fiscal Year 2023/24 carryovers and budget adjustments
ALTERNATIVES:
The Council may elect not to authorize the City Manager to award the construction contract. Doing so will delay the construction of the Project.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Construction Contract with A M Concrete, Inc.
2. A M Concrete, Inc. Bid Proposal
3 Meeting Date: August 20, 2024
3. Location Map
4. 2024 Miscellaneous Concrete Repair Project Plans
4 ATTACHMENT 1
Construction Contract with A M Concrete, Inc.
5 Public Works Contract – Rev. June 2024
PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF GOLETA
AND
A M CONCRETE, INC.
This Public Works Contract (herein referred to as “ CONTRACT”) is made and entered into by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and A M Concrete, Inc., a corporation (hereinafter referred to as “CONTRACTOR”).
SECTION A. RECITALS
1. Pursuant to the Notice Inviting Sealed Bids for the 2024 Miscellaneous Concrete Repair Project, bids were received, publicly opened, and declared on the date specified in the notice.
2. On August 20, 2024, Goleta’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR and the City Council, approved this CONTRACT and authorized the City Manager to execute the CONTRACT with CONTRACTOR for furnishing labor, equipment, and material for the 2024 Miscellaneous Concrete Repair Project in the City of Goleta.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
SECTION B. TERMS
1. G
ENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 2024 Miscellaneous Concrete Repair Project in the City of Goleta. The work shall be performed in accordance with the Plans and Specifications and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.
2. I NCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY :
The contract documents for the aforesaid project, a complete set of which is on file with the Goleta City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this CONTRACT and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable Docusign Envelope ID: 302E142C-61F9-419B-9EDD-D76356D90E17 6 Public Works Contract
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manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written CONTRACT , the provisions of this CONTRACT, and the Standard Specifications, in that order, shall control . Collectively, these contract documents constitute the complete CONTRACT between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. CO MPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contrac t documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. T
IME OF PERFORMANCE : CONTRACTOR agrees to complete the work within the timeframe specified in the Contract Documents from the date of the notice to proceed. By signing this CONTRACT, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $3,200 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. P
REVAILING WAGES :
A. Pursuant to Labor Code Section s §§1720 et seq., including but not limited to sections 1771, 1774 and 1775, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages . It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
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B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. C
ONTRACTOR must post a copy of
the prevailing rate of per diem wages at the job site.
C. CI
TY directs CONTRACT OR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint appren - ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
Pursuant to Labor Code § 1776, CONTRACTOR shall comply with all Department of Industrial Relations registration requirements.
E. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such Docusign Envelope ID: 302E142C-61F9-419B-9EDD-D76356D90E17 8 Public Works Contract
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contributions.
F. CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.
G. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
H. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this CONTRACT .
The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement .
If requested by CITY, CONTRACT OR must provide copies of the records at its cost.
6. L
EGAL HOURS OF WORK: CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Except as provided by Labor Code Section 1815, the CONTRACTOR shall, as a penalty to the CITY, forfeit twenty five dollars ($25) for each worker employed in the execution of the Contract by the CONTRACTOR or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 (commencing at Section 1810) of the California Labor Code.
7. T
RAVEL AND SUBSISTENCE PAY : CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this CONTRACT as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CO
NTRACTOR'S LIABILITY : The CITY and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the Docusign Envelope ID: 302E142C-61F9-419B-9EDD-D76356D90E17 9 Public Works Contract
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performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY . In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnite es and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, with out affecting the rights of CITY under any provision of this CONTRACT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor Docusign Envelope ID: 302E142C-61F9-419B-9EDD-D76356D90E17 10 Public Works Contract
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will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California.
This indemnity provision shall survive the termination of the CONTRACT and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this CONTRACT or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, 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 CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. T
HIRD- PARTY CLAIMS : In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third -party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims . Such notification will be in writing and forwarded in accordance with the “Notice” section of this CONTRACT . As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
10. W
ORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, C ONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for 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.”
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11. I NSURANCE : With respect to performance of work under this CONTRACT , CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.
12. AS SIGNMENT : This CONTRACT is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. I
NDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
14. T
AXES : CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. L
ICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession .
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this CONTRACT any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Goleta business license, if required under CITY ordinance.
16. RE
CORDS : CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this CONTRACT and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this CONTRACT . All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
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17. SEVER ABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this CONTRACT will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. W HOLE AGREEMENT : This CONTRACT supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.
19. AUT
HORITY : CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this CONTRACT represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this CONTRACT have the legal power, right, and authority to make this CONTRACT and to bind each respective party . This CONTRACT may be modified by writt en amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
20. NO
TICES: All notices permitted or required under this CONTRACT shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this CONTRACT. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
S
uch notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
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A M CONCRETE, INC.
Public Works Contract – Rev. June 2024
CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, CA 93117
Attn: City Manager
CONTRACTOR
A M Concrete, Inc.
PO Box 3367
Thousand Oaks, CA 91359
21. D ISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.
22. NO NDISCRIMINATION: The CITY reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory practice shall occur in either employment of persons for, or completion of, the work contemplated by this CONTRACT, when such discrimination is based on race, color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or any other classification protected under state or federal law.
Among other possible violations of law, a violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. P
APER PRODUCTS AND PRINTING REQUIREMENTS: To the extent this contract provides paper products, and printing and writing paper for the City, CONTRACTOR must meet quality standards and criteria specified in SB 1383, Sections 22150-22154 of the Public Contract Code and 16 Code of Federal Regulations (CFR) Section 260.12 by:
a. If fitness and quality are equal, provide recycled products, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items.
b. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR Section 260.12.
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c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12.
e. Comply with any other requirements in Goleta Municipal Code Section
8.10.900(B).
24. ORGANIC WASTE USE REQUIREMENTS: To the extent this contract provides landscaping maintenance, renovation, and construction services, CONTRACTOR must:
a. U se compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application must comply with 14 CCR Section 18993.1 - 18993.4, and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Sections 17852( a)(24.5)(A)(1) through (3).
b. Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to the City’s Designated Representative, upon completion of projects. Information to be provided must include:
i. General description of how and where the product was used and if applicable, applied;
ii. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured; iii. Type of product;
iv. Quantity of each product; and,
v. Invoice or other record demonstrating purchase or
procurement.
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c. Comply with all requirements in Goleta Municipal Code Section
8.10.900(A).
25. NO THIRD- PARTY BENEFICIARY: This CONTRACT and every provision herein is for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party . There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or the CITY’s obligations under this Contract.
26. T IME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.
27. ACCE PTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES: The Parties agree that this CONTRACT, agreements ancillary to this CONTRACT, and related documents to be entered into in connection with this CONTRACT will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail . Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
28. G
OVERNING LAW : This CONTRACT shall be governed by the laws of the State of California, and exclusive venue for any action involving this CONTRACT will be in Santa Barbara County.
I
N WITNESS WHEREOF, the parties hereto have executed this CONTRACT with all the formalities required by law on the respective dates set forth opposite their signatures.
This CONTRACT is executed on this ________ day of ___________, at Goleta, California, and effective as of _____ ______, 20____.
CITY OF GOLETA:
___________________________________
Robert Nisbet, City Manager
ATTEST:
___________________________________
Deborah Lopez, City Clerk
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APPROVED AS TO FORM:
ISAAC ROSEN, ACTING CITY ATTORNEY
___________________________________
Scott Shapses, Deputy City Attorney
CONTRACTOR:
_____________________________________
Joseph Ferndino, President
_____________________________________
Michael Mattivi, Vice President
State of California License No.
446
850_______________________________
Department of Industrial Relations Registration
No.
1000006525____
_______________________
Business Phone No.
1 -818-362-8300________________________
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A M Concrete, Inc. Bid Proposal
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Fleet Compliance Certification.
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
□ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. □ The Fleet is exempt from the Regulation under section 2449.1 (f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1 (f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
□ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). 00 The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Title: President
Date: June 26, 2024
PROP-28
56 A.M. CONCRETE, INC.
P.O. BOX 3367
THOUSAND OAKS, CA 91359
(818) 362-8300 FAX (818) 362-8400
STATE LICENSE #446850
Attachment: Fleet Compliance Certification
A.M. Concrete, Inc. does not fall under the policies, rules, and regulations of Title 13, California Code of Regulations, Division 3, Chapter 9. A.M. Concrete, Inc.' s fleet, and that of its subcontractor(s), does not contain any vehicles equipped with In-Use off Road Diesel-Fueled Engines as defined in the Regulation. 57 ATTACHMENT 3
Location Map
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2024 MISCELLANEOUS CONCRETE
IMPROVEMENT PROJECT
B
ASE BID LOCATION MAP
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LEGEND
CJ CONCRETE REPAIR LOCATION
{ADDRESSES PROVIDED IN REPORT AND PLANS)
59 2024 MISCELLANEOUS CONCRETE
IMPROVEMENT PROJECT
ALTERNATE SITE 'C' LOCATION MAP
60 ATTACHMENT 4
2024 Miscellaneous Concrete Repair Project Plans
61 62
1 S, C&G, T
4 S,
C&G
5 S
3 S, C&G
2 S, C&G
10 S, DA,
PW, C&G
9 S, PW,
C&G,
ADA
8 S, DA
14 S, DA,
C&G, T
C:\Box\Projects\CIGOL Goleta\CIGOL.210404 CIP Staff Aug\Task 17 Concrete Program\2 Eng\!CAD\!Exhibits\CIGOL.210404 Task 17 Location Maps.dwgTue 21.May.24 03:04:31 PMOF
SHEET NUMBER
24 1
SCALE:
02 THIS BAR IS 2 INCHES AT FULL
SCALE. IF NOT 2 INCHES, THEN
SCALE ACCORDINGLY.
1/2
1"=250'
DRAWING NUMBER
C-2
# S
201 Industrial Way
Buellton, CA 93427
805-688-5200 | www.mnsengineers.com
5 234
6 1
7 CITY OF GOLETA CONCRETE REPAIR PROJECT
LOCATION MAP 1
63 12 S, DA,
C&G, T
13 S, DA,
C&G, T
7 S, C&G
6 S, DA C&G
11 S, C&G, T
15 S, DA,
C&G
16 S, C&G
17 S
18 S, DA
19 S, DA
20 S, DA,
C&G
21 S, DA
C:\Box\Projects\CIGOL Goleta\CIGOL.210404 CIP Staff Aug\Task 17 Concrete Program\2 Eng\!CAD\!Exhibits\CIGOL.210404 Task 17 Location Maps.dwgTue 21.May.24 03:04:31 PMOF
SHEET NUMBER
34 1
SCALE:
02 THIS BAR IS 2 INCHES AT FULL
SCALE. IF NOT 2 INCHES, THEN
SCALE ACCORDINGLY.
1/2
1"=250'
DRAWING NUMBER
C-3
1 201 Industrial Way
Buellton, CA 93427
805-688-5200 | www.mnsengineers.com
2 345 ALTERNATE SITE "A" ALTERNATE SITE "B" ALTERNATE SITES "C", "D" & "E" # S
CITY OF GOLETA CONCRETE REPAIR PROJECT
LOCATION MAP 2
64 C:\Box\Projects\CIGOL Goleta\CIGOL.210404 CIP Staff Aug\Task 17 Concrete Program\2 Eng\!CAD\!Exhibits\CIGOL.210404 Task 17 Location Maps.dwgTue 21.May.24 03:04:31 PMOF
SHEET NUMBER
1 SCALE:
02 THIS BAR IS 2 INCHES AT FULL
SCALE. IF NOT 2 INCHES, THEN
SCALE ACCORDINGLY.
1/2
DRAWING NUMBER
44 C-4
201 Industrial Way
Buellton, CA 93427
805-688-5200 | www.mnsengineers.com
No.Location/DescriptionSidewalkDriveway approach Parkway RemovalC>ree Removal W L SF W L SF W L SF LFQuantity
1298 San Napoli525 125251
27686 Dartmoor551 25533
37499 Padova Dr/ 99
Alpine Dr5 49 24517
47390 Padova Dr5 15 7510
57382 Padova Dr5 10 50
65534 Huntington Dr5 48 240 4.5 18 8120
7390 Princeton Ave5 18 9015
86277 Westmoreland5 36 180 5 19 95
96297 Parkhurst560 3005 25 125 25
10249 Placer532 160 4.5 17.5 78.75 5 32 160 32
115540 Huntington Dr PG570 350701
125566 Somerset Dr5723604.51254141
135574 Somerset Dr560 3004.51254241
14221 Sylvan Dr540 2004.512.5 56.25141
Totals2,930 419285 2995
155661 N Calle Real Ave10 45 450 9 20 18023
Totals450 180 23
2024 BASE BID CONCRETE REPAIR SITESALTERNATE SITE "A"
ALTERNATE SITE "B"
165940 Calle Real9 98 88228
Totals882 28
ALTERNATE SITE "C"
17617 Cambridge Dr5 10 50
18635 Cambridge Dr5 35 175 4.5 13 58.5
Totals22559
ALTERNATE SITE "D"
19645 Cambridge Dr535 1754.514 63
20653 Cambridge Dr5 542704.515 67.572
Totals445131 72
ALTERNATE SITE "E"
21663 Cambridge Dr5 60 300 4.5 15 67.5
Totals30068
No.Location/DescriptionSidewalkDriveway approach Parkway RemovalC>ree Removal W L SF W L SF W L SF LFQuantity
No.Location/DescriptionSidewalkDriveway approach Parkway RemovalC>ree Removal W L SF W L SF W L SF LFQuantity
No.Location/DescriptionSidewalkDriveway approach Parkway RemovalC>ree Removal W L SF W L SF W L SF LFQuantity
No.Location/DescriptionSidewalkDriveway approach Parkway RemovalC>ree Removal W L SF W L SF W L SF LFQuantity
No.Location/DescriptionSidewalkDriveway approach Parkway RemovalC>ree Removal W L SF W L SF W L SF LFQuantity
CITY OF GOLETA CONCRETE REPAIR PROJECT
MASTER STREET LIST WITH REPAIR QUANTITIES
65