If to Contractor:
Doug Leener
Superior Alarm Systems
9001 Canoga Avenue
Canoga Park, CA 91304
Tel: (818) 700-7100
15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
Notwithstanding Consultant’s use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant.
Consultant shall be solely responsible for payments to any subconsultants. Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the negligent services performed by a subconsultant under this Agreement.
16. GOVERNING LAW/ATTORNEYS’ FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California.
If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.
17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.
21. WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
(Signatures on following page)
23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
“CITY” “CONSULTANT”
City of La Puente Superior Alarm Systems
By:________________________________ By:__________________________ Bob Lindsey, City Manager Doug Leener, President
Attest:
By:______________________________
Sheryl Garcia, City Clerk
Approved as to form:
By:
Victor Ponto, City Attorney
Attachments: Exhibit A Scope of Services & Rate Schedule Exhibit B Insurance Requirements
EXHIBIT A
SCOPE OF SERVICES & RATE SCHEDULE
EXHIBIT B
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000.00).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
RESOLUTION NO. 22-5730 PAGE 1 OF 2 JUNE 14, 2022
RESOLUTION NO. 22-5730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA PUENTE, CALIFORNIA, ADOPTING FINDINGS
TO DISPENSE WITH THE OPEN MARKET PROCEDURES
AND APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY AND SUPERIOR
ALARM SYSTEMS FOR ACCESS CONTROL READER
PADS, FIRE, AND SECURITY SYSTEM UPGRADE
INSTALLATION
WHEREAS, the City has adopted a purchasing system to establish efficient procedures for the purchase of equipment and professional services, to ensure that services are delivered at the lowest possible cost commensurate with the quality needed, and to assure the quality of purchases; and
WHEREAS, pursuant to Section 2.20.070, for those purchases having an estimated value of more than One Thousand ($1,000.00), but less than twenty-five thousand dollars ($25,000.00), firm quotes either received in writing or taken verbally but confirmed in writing, shall be obtained; and
WHEREAS, pursuant to Section 2.20.100 of the City’s Municipal Code (“Code”), Agreements for professional services may be executed without observing the bidding procedures if the City Manager determines that informal or formal competitive process is unnecessary because a professional services provider is the best provider for a particular agreement based on some or all of these factors: demonstrated competence; qualifications for the types of services to be performed; experience; knowledge of the city due to a long- standing relationship; reasonableness of cost to perform work; or other similar relevant criteria; and WHEREAS, the City requires professional services related to access control reader keypads at various City locations and fire and alarm system upgrades and security monitoring services in order to protect employees and visitors at City of La Puente locations; and WHEREAS, Superior Alarm Systems is familiar with the City and has previously provided the City with satisfactory services; and
WHEREAS, given the services provided by Superior Alarm Systems the City’s purchasing officer has determined that they have demonstrated experience and competency and have a reasonable cost; and
WHEREAS, given their experience in access control reader keypads, fire, and security systems upgrade installation and security system monitoring, City requested a quote from Superior Alarm Systems and has determined that the company is capable of providing the City with services that will meet the City’s needs.
ATTACHMENT B
RESOLUTION NO. 22-5730 PAGE 2 OF 2 JUNE 14, 2022
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA PUENTE HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. That pursuant to the findings set forth in the recitals above, which are incorporated herein by reference, the competitive process is unnecessary due to Superior Alarm Systems demonstrated experience and competency. Therefore it is in the City’s best interest to enter into an agreement with Superior Alarm Systems for fire and security system upgrades and security system monitoring services.
SECTION 3. That the City Council authorizes the City Manager to execute an agreement with Superior Alarm Systems for fire and security system upgrades and security system monitoring services.
SECTION 4. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 5. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this 14th day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Charlie Klinakis, Mayor
ATTEST:
Sheryl Garcia, City Clerk
AGENDA ITEM NO. D-9
To: Mayor and City Council For meeting of: June 14, 2022 From: Bob Lindsey, City Manager
By: John Di Mario, Development Services Director
William C. Pagett, City Engineer
SUBJECT: CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO CALPROMAX ENGINEERING, INC. FOR THE BUS SHELTER
REPLACEMENT/INSTALLATION PROJECT AT VARIOUS LOCATIONS IN THE CITY IN THE AMOUNT OF $362,490.00
BACKGROUND
On March 8, 2022, the City Council authorized staff to solicit bids for the Bus Shelter Replacement/Installation Project at Various Locations in the City. The proposed project will consist of removing and installing new bus shelter structures at seven (7) locations (consisting of 10 bus shelters) in the City. The bus shelter color will be deep grey with a dark green undertone, and the shelters will display the La Puente color banner logo (now vandal proof) on each side of the shelter. In addition, the project will include the installation of 58 City logo signs on the (Phase 1) shelters previously installed in 2017 as well as the existing reconditioned shelters in the City that were previously powder coated.
DISCUSSION
On April 28, 2022, the City received a total of five (5) bids for the project and the results were as follows:
1. Alfaro Communication Construction
2. Gentry General Engineering
3. Calpromax Engineering Inc.
$267,220.00
$278,153.00
$362,490.00
4. ND Construction Company $468,592.00
5. MMJ Contracting Inc. $844,667.86
Upon reviewing the bids received, it was determined that several bidders relied upon price quotes for certain bid items that do not meet the requirements of the bid specifications. The bid specifications identified Tolar Manufacturing as the vendor for the bus shelter structurers and Bravo Sign & Design as the vendor for the custom-made City logo signs. The City logo signs will be constructed with a ½-inch thick full color high pressure laminate and ½-inch thick cast aluminum backing.
Upon receiving the bids, Staff was notified by Calpromax Engineering on May 2, 2022, that several bidders did not properly utilize the price quote provided by Bravo Sign & Design for the City logo signs. Upon further review, it was determined that Tolar Manufacturing had mistakenly City of La Puente
AGENDA REPORT
Agenda Report – Bus Shelter Replacement – Award to Calpromax For Meeting of: June 14, 2022
provided a price quote for City logo sign “decals” which was significantly lower than Bravo’s price quote for the specified logo signs. Regrettably, three of the five bidders (Alfaro, Gentry, and MMJ) mistakenly utilized Tolar’s price quote, instead of Bravo’s price quote, for the City logo signs.
Due to the confusion created by Tolar’s price quote, which was mistakenly used by the majority of the bidders, staff initially recommended that all of the bids be rejected and the project be readvertised for bids.
However, at the City Council meeting of May 24, 2022, the City Council took action to bring this item back at the next meeting for consideration of award of contract to Calpromax as the lowest responsible and responsive bidder for the project. Each prospective bidder is responsible for submitting a proper bid that is in accordance with the bid specifications issued by the City.
The error in using the Tolar price quote is not grounds for relief, and it is Staff’s position that those bids which incorporated the incorrect price quote are not responsive. Consideration for the award of contract should be given to the next lowest responsive bidder (Calpromax).
After the process of verifying the contractor’s bid submittal, references were contacted for Calpromax Engineering Inc. References confirmed that the contractor’s prior work was completed satisfactorily. Calpromax has been determined to be the lowest responsible and responsive bidder for the project.
FISCAL IMPACT
The Fiscal Year 2021-2022 Capital Improvement Project budget includes $250,000 from Prop A funds and $40,000 of the Foothill Transit grant funds, totaling $290,000 for this project in the current fiscal year.
The bid schedule for construction of this Project totals $362,490. With a 10 percent (10%) project contingency of $36,250, the total construction project budget is $398,740. The associated costs for contract administration and inspection is estimated to be $30,000. Additional Prop A funds in the amount of $138,740.00 are available to fund the total estimated project cost of $428,740.00.
There is no impact to the City’s General Fund associated with this project.
RECOMMENDATION
It is recommended that the City Council: (1) award the contract to Calpromax Engineering, Inc. in the amount of $362,490; (2) authorize the City Manager to execute the Agreement and approve change orders up to 10% of the original bid amount; and (3) adopt Resolution No. 22-5731 amending the FY 21/22 Capital Budget.
ATTACHMENTS
Attachment “A”: Agreement
Attachment “B”: Resolution No. 22-5731
SPC21-15 D-1
CITY OF LA PUENTE
CONTRACT AGREEMENT
FOR
BUS SHELTER REPLACEMENT/INSTALLATION PROJECT
AT VARIOUS LOCATIONS
IN THE CITY OF LA PUENTE
This contract agreement is made and entered into for the above-stated project this 14th day of June, 2022, by and between the City of La Puente, as AGENCY and CALPROMAX ENGINEERING, INC., a California corporation, as Contractor.
WITNESSETH that AGENCY and Contractor have mutually agreed as follows:
ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this contract agreement 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 ensure its completion in an acceptable manner.
All of the provisions of said Contract Documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, Contractor agrees to furnish all materials and perform all work required for the above-stated project and to fulfill all other obligations as set forth in the aforesaid contract documents.
ARTICLE III
Contractor agrees to receive and accept the prices set forth in the 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 contract documents and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work 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.
ATTACHMENT A
SPC21-15 D-2
ARTICLE IV
AGENCY hereby promises and agrees to employ and does hereby employ, Contractor to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the contract documents.
ARTICLE V
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.
ARTICLE VI
Contractor agrees to indemnify and hold harmless AGENCY and all of its officers and agents from any claims, demands, or causes of action including related expenses, attorney's fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. In the event the insurance coverage is on a claims made basis the Contractor shall indemnify and hold harmless the AGENCY and all of its officers and agents from any and all claims, demands, or causes of action that arise after the expiration of the Contractor's current policy or after the service contract has ended, for any occurrences arising out of or any way related to the work undertaken by the Contractor. The liability insurance coverage values shall be:
Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability $1,000,000
Product/Completion Operations $1,000,000
Contractual General Liability $1,000,000
Comprehensive Automobile Liability $1,000,000
A combined single-limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.
Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California with a rating of A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval in writing from the AGENCY.
SPC21-15 D-3
Insurance shall name the City of La Puente, its officers, agents, and employees as additional insured by endorsement of the Contractor's policy. A copy of the endorsement, showing policy limits, shall be provided to the AGENCY on or before signing this contract.
ARTICLE VII
Contractor affirms that the signatures, titles, and seals set forth hereinafter the execution of this contract agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.
ARTICLE VIII
BLANK
ARTICLE IX
Records and Audits. The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the AGENCY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the AGENCY or any authorized representative and will be retained for 5 years after the expiration of this Contract unless permission to destroy them is granted by the AGENCY.
SPC21-15 D-4
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this _______ day of ________June, 2022.
Contractor:
(Signature)
Name and Title (Printed)
Contractor's License No.
Agency Business License No.
Federal Tax Identification No.
Note: Contractor signature must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.
AGENCY:
City Manager of the City of La Puente
Attested:
City Clerk of the City of La Puente
Approved
as to form:
City Attorney of the City of La Puente
SPC21-15 D-5
FAITHFUL PERFORMANCE BOND
FOR
BUS SHELTER REPLACEMENT/INSTALLATION PROJECT
AT VARIOUS LOCATIONS
IN THE CITY OF LA PUENTE
KNOW ALL MEN BY THESE PRESENTS that Calpromax Engineering Inc.______________________________ as CONTRACTOR and ,
a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of La Puente, as AGENCY, in the penal sum of Two Hundred Eighty Six Thousand One Hundred Twenty Dollars ($286,120.00), which is 100 percent of the total contract amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Bidder and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
BIDDER: Name:
Address:
By:
(Signature)
Type Name and Title
SURETY: Name:
Address:
By:
(Signature)
Type Name and Title:
Note: This bond must be executed in duplicate and dated, all signatures must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.
SPC21-15 D-6
MATERIAL AND LABOR BOND
FOR
BUS SHELTER REPLACEMENT/INSTALLATION PROJECT
AT VARIOUS LOCATIONS
IN THE CITY OF LA PUENTE
KNOW ALL MEN BY THESE PRESENTS that Calpromax Engineering Inc., as CONTRACTOR, and __________________________________________________, a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of La Puente, as AGENCY, in the penal sum of Two Hundred Eighty Six Thousand One Hundred Twenty Dollars ($286,120.00), which is 100 percent of the total contract amount for the above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Bidder and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
BIDDER: Name:
Address:
By:
(Signature)
Type Name and Title
SURETY: Name:
Address:
By:
(Signature)
Type Name and Title:
Note: This bond must be executed in duplicate and dated, all signatures must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.
RESOLUTION NO. 22-5731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA PUENTE, CALIFORNIA, AMENDING THE
ADOPTED OPERATING BUDGET AND CAPITAL
BUDGET FOR FISCAL YEAR 2021/2022
WHEREAS, on May 25, 2021, the City Council approved and adopted the Fiscal Year (“FY”) 2021-22 budget and capital improvement program; and WHEREAS, the City of La Puente has experienced various adjustments to changing conditions since the budget was adopted and needs to amend the budget to reflect these adjustments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA PUENTE HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City of La Puente’s Capital Budget for Fiscal Year 2021-2022 is hereby amended to increase expenditure appropriations in the Proposition A Fund (Fund 210) in the amount of $138,740.00.
SECTION 3. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or its applicability to other persons or circumstances.
SECTION 4. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this 14th day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
Charlie Klinakis, Mayor
ATTEST:
_____________________________________
Sheryl Garcia, City Clerk
ATTACHMENT B
AGENDA ITEM NO. E-1
To: Mayor and City Council For meeting of: June 14, 2022 From: Bob Lindsey, City Manager
SUBJECT: UPDATE, DISCUSSION AND DIRECTION REGARDING CURRENT AND
UPCOMING PROJECTS AT LA PUENTE PARK
BACKGROUND/DISCUSSION
City Staff will provide an update on ongoing and upcoming projects at La Puente Park.
FISCAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council: (1) discuss this item and provide any necessary direction to Staff; and (2) authorize the City Manager to negotiate and execute all purchase orders and contracts necessary to carry out City Council’s direction.
ATTACHMENTS
None.
City of La Puente
AGENDA REPORT