California, LLC, notified the City that it had acquired Sunset.
Section 4.3 of the Agreement requires the written consent of the City prior to any transfer or assignment of the Agreement to a different company or corporate entity.
Sweeping Corporation of California, LLC, requested that the City consent to and allow it to formally assume Sunset’s rights, obligations, and interest under the Agreement for the remainder of the Term of the Agreement.
Sweeping Corporation of California, LLC, is a well-known contractor working in the street sweeping field. With the acquisition of Sunset, they currently perform sweeping sweeping for all of the cities in South Orange County with the exception of Laguna Beach, which has its own street sweeping equipment and staff. Given the lack of alternative service providers in Orange County, it is not recommended to rebid this contract.
Accordingly, to maintain uninterrupted street sweeping and roadway cleaning services, the City Council is requested to approve the attached Assignment and Assumption Agreement between the City, Sunset, and Sweeping Corporation of California, LLC.
FISCAL IMPACT:
Street sweeping and roadway cleaning costs will remain as-is and will not be changed by the approval of the Assignment and Assumption Agreement.
ATTACHMENTS:
• Proposed Assignment and Assumption Agreement
• Agreement Jonset Corporation DBA Sunset Property Services
4.7 Packet Pg. 97
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Packet Pg. 98
Attachment: Proposed Assignment and Assumption Agreement (2023-42 : Assignment and Assumption Agreement for Street Sweeping
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Attachment: Proposed Assignment and Assumption Agreement (2023-42 : Assignment and Assumption Agreement for Street Sweeping
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING
MAINTENAI\CE SERVICES AGREEMENT
(Jonset Corporation dba Sunset Property Services)
THIS CITYWIDE STREET SWEEPING AND ROADWAY CLEANING
MAINTENANCE SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this l't day of July 2021, by and between the CITY OF LAGTINA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as "City"), and JONSET CORPORATION dba SUNSET PROPERTY SERVICES, a Califomia corporation (hereinafter referred to as "Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party'' and are hereinafter collectively referred to as the o'Parties."
RECITALS
A. City has determined that there is a need to retain the services of a qualified street sweeping company to perform regularly scheduled, on-call special, and emergency street sweeping, cleaning, and maintenance services for the proper cleanliness and maintenance of the City's street and roadway system, as well as to perform other related cleaning and maintenance services on an as-needed on-call basis, in a manner acceptable to City (the "Project").
B. Contractor has submitted to City a bid proposal, dated May 18, 2021, in response to City's Notice Inviting Bids and Specifications for Citywide Street Sweeping and Roadway Cleaning Maintenance Services, dated April 19, 202I, to provide citywide street sweeping, cleaning and maintenance services to City for the Project pursuant to the terms of this Agreement.
C. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, labor and equipment, and expertise to provide the requested maintenance services and has agreed to provide such maintenance services to City for the Project as provided herein. The City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein. The City does not possess the knowledge, expertise, or skill to control and direct the work necessary for the Project and requires the use of an independent contractor to do so.
D. City desires to retain Contractor to provide such citywide street sweeping, cleaning, and maintenance services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. MAINTENAI\CE SERVICES
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to provide, furnish, and perform the citywide street sweeping, cleaning, and maintenance services for the Project as set forth in Contractor's Bid Proposal/Scope of Work, dated May 18, 2021, (as modified by Contractor's 1 I 585486. I
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Packet Pg. 100 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Supplemental Rate Sheet, dated June 9, 2021), and as set forth in City's Notice Inviting Bids and Specifications for Citywide Street Sweeping and Roadway Cleaning Maintenance Services, dated April 19, 202I, which are each attached hereto as Exhibit "A" and Exhibit "B." respectively, and are incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, personnel, labor, and abilities and that, consistent with this understanding, Contractor's Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Contractor represents and warrants that it and all of its employees and subcontractors providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the City's Notice lnviting Bids and Specifications for Citywide Street Sweeping and Roadway Cleaning Maintenance Services, dated April 19,2021; and, (3) the Contractor's signed, original Bid ProposaVscope of Work, dated May 18, 202I, including the Contractor's Schedule of Performance and Schedule of Compensation/Fees/Rates and Unit Prices, submitted to City in response to City's Notice Inviting Bids and Specifications for Cifwide Street Sweeping and Roadway Cleaning Maintenance Services for the Project, as modified by Contractor's Supplemental Rate Sheet, dated June 9, 2021 ("Contractor's Proposal"), which shall allbe referred to collectively hereinafter as the "Contract Documents." The Contractor's Proposal and the City's Notice Lrviting Bids, including the City's Street Sweeping Specifications, which are both attached hereto as Exhibit "A" and Exhibit "8." respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Contractor's Proposal, and the City's Notice Inviting Bids, including the City's Street Sweeping Specifications, shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1't) the terms and conditions of this Agreement; (2'd) the terms, conditions, requirements, and provisions of the City's Notice Inviting Bicls, including ihe City's Street Sweeping Specifications (ExhibiL-"8'); and (3'd) the provisions of the Contractor's Proposal (Exhibit "A").
1.3 Compliance with Law. Contractor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful otders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards, CallOSHA, and South Coast Air Quality Management District ("SCAQMD") regulations and requirements, including SCAOMD Rule 1186. Contractor shall keep itself fully iniormed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all CallOSHA and SCAQMD regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services' If Contractor performs any work or services in violation of such laws, rules, and regulations, 2 I 585486. l
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Packet Pg. 101 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses" Permits" Fees. and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approvalthat is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agteement, and Contractor shall defend, indemniff, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiaritv with Work. By executing this Agreement, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor represents and maintains that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, doiuments, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in gooO fuittr to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the pulposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in Contractor's Proposal/Scope of Work (Exnrtl{j1f) or to make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first J
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Packet Pg. 102 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street given by the City to the Contractor, incorporating therein any adjustment in (i) the Annual Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor's ProposaVscope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor's Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.
1.9 Prevailins Wases. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
1.10 Water Oualitv Manasement and Compliance.
L 10. 1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.
I.I0.2 Compliance with Water Ouality Laws" Ordinances" and Regulations.
Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City's ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. $ 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code $ 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection I.I0.2, Contractor shall comply with all applicable 4 I 585486.1
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Packet Pg. 103 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street requirements of the Orange County Drainage Area Management Plan ("DAMP"), tht City of Laguna Hills Local Implementation Plan ("LIP"), and the applicable Water Quality Management Plan ("WQMP"). Such documents contain the Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source conhol techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.
1 . 10.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.10.2 and 1.10.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections I.I0.2 and 1.10.3 of this Agreement as they may relate to the Services.
1.10.5 Liability for Water Oualitv Non-Compliance.
(A) Indemnitv: Failure to comply with laws, regulations, and ordinances listed in subsections LI0.2 and 1.10.3 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemniff and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections | .I0.2 and 1 . 10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor's failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damaees: City may seek damages from Contractor for delay in completing the Services caused by Contractor's failure to comply with the laws, regulations, and policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water qualrty law, regulation, or policy.
1.11 Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. $$1101, el seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthoized aliens for the performance of any Work and/or Services under this Agreement, and should any liability or sanctions be imposed against City 5 I 585486. I
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Packet Pg. 104 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street for such use of unauthorized aliens, Contractor hereby agrees to defend and indemnify City and reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgrnents, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
l.l2 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/RatesAJnit Prices set forth in Contractor's Bid Proposal/Scope of Work (as modified by Contractor's Supplemental Rate Sheet, dated June 9, 202l,which is attached hereto as Exhibit "A" and incorporated herein by reference), but not exceeding the total annual maximum contract amount of Two Hundred Fifty Thousand Dollars ($250,000.00) (hereinafter referred to as the "Annual Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4below. Compensation shall be payable according to the fees andatthe rates, charges and unit prices (as modified by Contractor's Supplemental Rate Sheet, dated June 9, 202I) set forth in Exhibit "A" attached hereto. The maximum amount of City's payment obligation rinder this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Contractor's ProposaVScope of Work (Exhibit "A"), in any month in which Contractor wishes to receive payment, no later than the 10th working day of such month, Contractor shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Work or Services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forfy-five (45) days after receipt of the invoice or a soon thereafter as is reasonablypractical.
2.3 CPI Adiustment of Compensation/Fees/Billine Rate Schedule. The fees, rates andlor unit prices set forth in Contractor's Bid ProposaVScope of Work shall remain fixed and unchanged for the first year of the term of this Agreement (i.e., from July 1, 202I through June 30, 2022). Thereafter, Contractor may submit a request to adjust its fees, rates and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval ofany request to adjust fees, rates and/or unit prices shall be made at the sole discretion of the City Manager, in writing, and is subject to the City's approved budget. Such fee, rate, and/or unit price adjustment(s), if any, shall not exceed the value of the change of the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate or unit price exceed five percent (5%) per year regardless of CPI or any other cost factors. 6 I 585486. I
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Packet Pg. 105 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
2.4 Changes in Scope. ln the event any change or changes in the Scope of Work or Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for services. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor' s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the LagtnaHills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMAIICE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal/Scope of Work (Exhibit "A").
3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agteement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (pxtrfuit__1f). When requested by Conhactor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July l, 2021 and ending on June 30, 2026 (*Initial Term"). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term ("Renewal Option").
3.4 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any govemmental agency, including the City, if Contractor, within ten (10) days of the colnmencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City 7 I 585486. l
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Packet Pg. 106 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Manager's determination shall be final and conclusive upon the Parties to this Agreement. ln no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Christopher Valerian. President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the Cify required hereunder to carryz out the terms of this Agreement.
4.3 Prohibition Asainst Subcontractins or Assisnments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of Crty. If Contractor is permitted to subcontract any part of this Agreement by Crty, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4.4 Indenendent Contractor.
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Packet Pg. 107 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.
Contractor, its officers, employees, or agents shall not maintain a pefinanent office or fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERSElieibilitvlndemnification.
4.5.I In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemniff, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors I
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Packet Pg. 108 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street providing any Work or Services under this Agreement shall not qualiff for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor's existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5.2 Tvpes of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in fuIl force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability lnsurance written on an occrurence basis with limits of at least two million dollars ($2,000,000.00) per occuffence, five million dollars ($5,000,000.00) in the general aggregate, and two million dollars ($2,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting iorrerage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
5.2.2 Automobile Liability Insurance. Contractor shall obtain andmaintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least two million dollars ($2,000,000'00) combined limit for each occurrence covering bodily injury and properly damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
5.2.3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in fu|| force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall obtain and maintain, in fulI force and effect throughout the term of this Agreement, a policy of Employer's Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
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Packet Pg. 109 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
5.3 Acceptabilitv of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of lnsurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best's Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5.4.1 The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(A) Additional lnsured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to "ongoing operations", (2) exclude o'contractual liability", (3) restrict coverage to 'osole" liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liabitity Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Norwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant's failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
5.4.2 For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, I 585486. I
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Packet Pg. 110 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5.6 Primarv and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrosation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City's request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verifu coverage.
5.9 Requirements Not Limitinq. Requirement of specific coverage or minimum 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. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Asreement (Non-Estonpel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor's insurance policies, or Contractor shall be t2
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Packet Pg. 111 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. A11 policies of Commercial General Liability Insurance provided by Contractor's subconsultants or subcontractors performing any Work or Services related io this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subconhactor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
5.12.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.12.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.12.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has fnst been submitted to the City and approved in writing.
5.12.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided herein'
5.L2.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such cou"tuge is provided in conformity with the requirements of this section. Contractor agrees that upon requesl all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
5.12.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement. 13 I 585486. l
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Packet Pg. 112 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its officials, officers, employees, agents and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor's performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or otherliabilityhereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemniff the City, its elected and appointed officials, officets, employees, agents and volunteers, shall not applyto the extent that such Claims arise out of, pertain to, or are related to the sole negligence or willful misconduct of the City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Renorts. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notiff the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such t4
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Packet Pg. 113 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assigoment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. A11 information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personaljurisdiction ofsuch court in the event ofsuch action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. 1 585486.1
8.4 Default of Contractor.
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Packet Pg. 114 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
8.4.1. Contractor's failure to comply with any provision of this Agreement shall constitute a default.
8.4.2. If the City Manager, or the City Manager's designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notiff Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate,to cure the default by rendering satisfactory performance.
In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3.
8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the fulIprovisions hereof.
8.6 Rishts and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. ln addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the pufposes of this Agreement' Attornevs' Fees. In the event any dispute between the Parties with respect to this t6
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Packet Pg. 115 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be gtanted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liabilitv of Citv Officers and Emplovees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Contractor represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Aeainst Discrimination. Lr connection with its performance under this Agreement, Contractor represents and warrants that it will not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age,marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, retum receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or ovemight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
City of Laguna Hills
Attention: City Manager
I 585486. r
To Citv:
l7
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Packet Pg. 116 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street 24035 El Toro Road
Lagana Hills, Califo rnia 92653
Telephone: (949)707-2600
To Contractor Jonset Corporation dba Sunset Property Services Attention: Christopher Valerian, President
1625 1 Construction Circle West
Orange, California 92606-4412
Telephone: (949) 551-5151
Facsimile: (949)551-4371
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit ofthe Parties' successors and assignees.
10.5 Third Party Beneficiarv. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a parly hereto.
10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7. Corporate Authoritv. Each of the undersigned represents and warrants that (i) the Party for which helshe is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which helshe is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.8 Counternarts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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Packet Pg. 117 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
10.9 Street Sweening Refuse Deposited at Local Transfer Station/ Rate Reduction.
The Parties understand and agree that the City Manager shall have the right, but not the obligation, to direct the Contractor to deposit all street sweeping refuse at a specific location at any time during the term of this Agreement. In the event that City is able to successfully negotiate with its solid waste franchise hauler to allow for the depositing of all street sweeping refuse at a local transfer station without charge pursuant to the City's solid waste franchise agreement, then Contractor agrees to immediately reduce its per curb mile rate in accordance with the Contractor's Supplemental Rate Sheet, dated June 9, 202I, which is attached hereto as Exhibit o'A" and is incorporated herein by reference.
ISIGNATURES ON NEXT PAGE]
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Packet Pg. 118 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
"CITY"
CITY OF LAGUNA HILLS
a California
Mayor
ATTEST:
qnLa 7-
MEUKA AU-YEIJ|DiJG, /T
Deputy City Manager/City Cle,rk
APPROVED AS TO FORM:
E
City Attorney (CONTRACTORO'
JONSET CORPORATION dba
SUNSET PROPERTY SERVICES, A
California
CHRISTOPHER VALERIAN,
President and Chief Executive Officer
NAUERT,
Secretary-Treasurer and Chief Financial
Officer
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Packet Pg. 119 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street 55Art
CONTRACTOR'S PROPOSAL/ SCOPE OF WORK
DATED: MAY l8,2AZl
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMAIICE
AiYD
SCHEDULE OF COMPENSATION/ FEES/ RATES/ UNIT PRICES
(As Moditied by Contractor's Supplemental Rate Sheet, Dated June 9r202lj 15854E6.1
2t
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Packet Pg. 120 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunsef P ro pe rty Services
Sunset Property Services
City of Laguna Hills
Notice Inviting Bids
STREET SWEEPING SERVICES 2021.
Respectfully submitted by
Jonset Corporation
dba Sunset Property Services
16251 Construction Circle Wcst
lrvine, CA 92606
(949) s51 51s1
AH owha rrnesia rr (o) S rr nsetP rope rl ySe rvit-tls.corrl Due Datc:
M ay 18th, 2f121
Setl'tu rn gl {tthe Sriarn dlarrd
Tnrnce 11 967
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Packet Pg. 121 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Poge 2 of 2$ Sunset P roperty Seryices
Tabfie of Gemtente
1. CITY OF LAGUNA HILLS
A. Coven Lerren
B. QununcATtoNS or CorrlpnruY
C. QuelrncATtoNs oF THE MexRe errlterur SrRrr..
D. Bner BroenRpnrEs............
2 3
5 8
E. Lerrens op RecouuENDATroN
10 12
14 15
16 17
18 19
G. FtnnrucrRl CoruorloN.........
H. ScHeouLE oF PeRronuRNcE ..,......,....
F. Conrparuv Expenleruce.
J. Aoorrtoual lruroRuRloru
K. Bro Pnopos+ PRces
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Packet Pg. 122 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street 3of
Selling lhe Staillafl
Since 1967
Qrange CounU
18251 C@structlon
Ctrcle West
hvine, CA 92606-4412
(s4s) 551-5151
(949) 551-4371 FN(
,-5
May 13,2021
Kenneth H. Rosenfield
Assistant City Manager/Director of Public Services
City of Laguna Hills
24035 El Toro Road
LaganaHills, CA 92653
Subject: Notice Inviting Bids -Citywide Street Sweeping and Roadway Cleaning Maintenance Seroices
Mr. Rosenfield:
We are pleased to provide the City of Laguna Hills with our proposal for street sweeping services. Sunset Property Serrrices is a local, family owned and operated MBE & DVBE business that has been proud to be a part of the Orange County community for over 43 years.
Sunset offers more than 54 years of experience and a substantial amount of comparable knowledge from our existing work on this contract and comparable municipality relationships. We are a proven provider of quality steet sweeping services to many surrounding Orange County municipalities. We uphold our pledge of excellence to our clients through constant communication and reporting to ensure that we can proactively handle a variety of needs in a timely, cost effective manner. These reports have been submitted to your city to help identifu landscaping sloping, safety and service issues'
Our veteran team is eager to renew our partnership with your staff. Sunset goes unparalleled, not only in the proximity of our fleet and personnel headquarters in the County of Orange, but also in the variety and extent of services we can effectively and efficiently mobilize berng so close to Laguna Hills. No other competitor can match us in the vast services that have been at your disposal. Our headquarters and fleet, with limited notice, can perform any service task to the highest quality with little to no limitation on fleet availability or distance/time constraints. This proximity also equates to a lower response cost for any emergency needs or services; this includes a quicker execution and greater public safety.
We are proud to offer the latest technology with our modern fleet. For this contract we would utilize our state-of-the-art TYMCO 600 regenerative air sweepers. As an added benefit, Sunset's sweepers are also equipped with broom assisi head (BAH) for added efficiency. This allows for a better cleaning and more thorough removal of heavy debris through our inveshnent in this option.
Our sweepers are AQMD approved as well as PM10 certified for the cleanest level of removing debris that also mitigates airborne particulates. Sunset was first
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Packet Pg. 123 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
in the nation to introduce the TYMCO Alternative Fuel 600 sweepers, in 1993, ten years before it was mandated.
We are best qualified as Sunset provides the highest value and competitive pricing with the delivery of the higlrest quality service. Through our familiarity with this contract since 2008, we have proven our performance. Additionally, during the uncertainty and additional troubles in 2020 brought .on by COIVD-l9 we demonstrated we could continue to provide services safely and without alterations or delay. Though there were many challenges from this over the past yem, the city was not exposed to any of these difEculties in our contracted work and schedules.
Additionally, our call logs are minimal to non-existent in relation to resident complaints from our nearly 13 year tenure.
Most substantial has been our cost savings to your city. For the initial term of our contract, we will have provided over $40,000 savings in relation to the initial budget. In comparison to other bids pricing posted in2020, we will have provided the city with a savings between $53.364 and $171.642 annually. We are proud to have been able to be of service to the city budgets and the residents. During this time, we continued to make adjusfnents to the city's posted needs and material changes at no additional cost. All of this was accomplished during a global pandemic that had a large impact on PPEs and labor while absorbing large changes to minimum wage and the extreme impact that SB-1383 had on tipping costs that were never passed on to the city.
Sunset acknowledges there were no addenda released regarding this bid including no posted Q&A. Additionally, we are attesting our interest in the Project and will be able to provide the full Scope of Services provided. We are able to comply with the Sample Draft.
We would like to thank you for your consideration of our proposal and look forward to the opporfunity to continue working with your city.
Sincerely
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Packet Pg. 124 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
of the
Sunset Property Services is a family owned and operated business that has been proud to be headquartered in Irvine since 1978. For over 54 years Sunset has gtown in California to become one of the premier providers for a1l service needs.
Proiect Onhoardins
Our expert operations team works to keep you actively informed of your sites status while functioning to provide innovative and precautionary measures to ensure the utmost level of safety, health and service. Our management team places an emphasis on being in the field, not just behind a desk. We save our clients' money by being the first line of communication for facility issues and are unequaled in our response time to any emergency or special needs.
Not only do we rely on the sharpened ears and eyes of our crews, but we have placed an emphasis on our reporting and the data we establish for every client. Our experienced team provides routine quality checks ofour services daily through reporting and through consistent site visits. Our continuous safety, training and certification meetings are also strictly adhered to, so that the locations of service are being maintained at the optimum feasible level of efficiency.
Due to our high standards, as well as the benefit of our headquarters being based less than thirteen miles away from the City of Laguna Hills, you. can expect that all concems can be addressed proactively and that they are being consistently monitored by our experienced and highly trained staff. In case of emergencies, our location allows quick and direct access to our expansive and diversified services.
We utilize elechonic work order reporting to document all aspects of a service from customer calls to special concerns. This detailed history keeps a progressive synopsis of our projects readily available to any persorurel involved from the top down. Our method of reporting provides an invaluable culmination of records on a per service level which can also be used to emphasize a larger picture of the areas of service. We are also able to provide complementary services instantaneously based on our wide range of services and centrally located fleet & crew.
Service Reouest
All service requests are channeled through ow 24/71365 office which is tracked on a proprietary system to ensure execution, efficiency and tracking. Additionally, a client log is simultaneously kept to keep record of hotspots and client needs. Due to our proximity and consummate knowledge, serviee requests are created as they come in through our Contracts Manager and can be scheduled in short notice (under I hour) if emergency services are needed.
In addition to our timely response, we have a wide range of in house services that can be readily used by the City.
Sunset provides a wide array of complementary services available with a locally centralized crew and complete scheduling flexibility. Our range is inclusive of but not limited to:
.I GRAFFITI REMOVAL
A SEALING
* AWNING CLEANING
{. HAULING N HYDROWASIVRECLAMATION .E PRESSUREWASHINCIRECLAMATION {. WINDOW WASHING * RD-2OOO OIL ABSORBENT
* CUSTODIAL/DAYPORTER
* PARKING LOT SWEEPING
A STREET SWEEPING
* SPECIALEVENTS * CONSTRUCTION SITE CLEAN-UP .' PARK BENCTVBUS BENCH CLEANING
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Packet Pg. 125 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Poge 6 of 25 Sunset Propefi Servlces
Equipment
W" *" proud to be able to provide the latest technology with our ever evolving and current fleet. For this contract we would utilize our state-of-the-art diverse fleet of TYMCO 210, TYMCO 435 and TYMCO 600 sweepers. This enables out team to handle all manner of roadways, narow streets and parking lots to maximize efficiency and minimize asphalt damage as well as safety concerns. Our sweepers are PMIO certified for the cleanest level of removing debris that also mitigates airbome particulates and has proven effective for the alleys in the past.
GPS Utilization
for orrer t:.years we have provided the benefit and accountability of GPS tracking on our entire fleet of vehicles io our clients. We recently invested in new equipment to give second by second reporting in real-time on our entire fleet. Sunset pairs physical quality checks with technological advances and in depth on demand reporting capabilities. Through our GPS we enable our customers to have access to real-time data and assurance of vehicle location. Our system also includes features that monitor everything from the speed to equipment activity. With this advanced supervising enabled through any intemet connection, we can assert that our vehicles maintain the appropriate speed for optimum cleaning and can provide hard reporting to substantiate our affirmation.
Through our GPS, site and city transitions are easily obtained and real-time monitoring can be a{firmed so that the learning curve of new work is nearly non-existent. The other features of the GPS system provide a quick analysis to pinpoint inefficiencies on new accounts so that through our transition we can propose more effective ways to serve our clients.
Real-time second by second quick mapping lets us see our fleet at a glance and dispatch according. We also know at all times where these vehicles are, what speed and direction they are traveling, the route they have taken and much more.
Historical routing of each vehicle and the location at a specific time can also be retrieved and used for analysis.
When Sunset promises a vehicle at a certain time and
location, we can guarantee our prompt response and
completion, even at obscure hours.
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Our GPS system allows business rules to be entered so that we can immediately receive notifications of violations even outside of normal business hours. These alerts can even be received by phone or tablet to maintain fulI around the clock accountability and makes our ability to react to situations instantaneous. Alerts can be defined on: vehicle idle time, hard braking, hard swerving, fuel & oil level, engine data, speeding against posted speed limit, maintenance and much more so that we can back our commitment to safety and performance with hard data.
Flexible reporting with a fulI suite of reports, ranging from very detailed to high level, are also processed quickly and automatically from the system.
Run reports by vehicle, fleet, driver or team. All are generated in an easy-toread format that can be printed, saved or set to send automatically to one or more recipients. Reporting is easy to use, but can be sef up intemally for our clients hassle free.
4.7.b
Packet Pg. 126 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
Work PIan
Sunset Property Services as a company has approximately 75-85 employees that work mostly full time with about l0 employees working part time. This combination allows us to easily cover absenteeism and needed vacation or time requested off for our employees. We have the ability to provide on-site leadership during both the day and night shifts. We have mobile supervisors that can respond to emergencies when necessary to support any special needs of the crews working at any of our locations. Our trained supervisors also provide quality control checks to ensure the highest level of service is provided to each and every client. Our Director of Operations and our Asst. Operations Manager interface directly with clients on a routine basis to obtain feedback on service while allowing the client direct contact with our management team.
Below are the guidelines and reporting highlights that have allowed us to be a seamless success when taking on large and expansive projects and have been utilized for your city:
Maximize our labor potential by assigning key roles based on experience and skills Maintain daily reporting to guarantee all services are met Utilize our Quality Control program to locate areas with special needs or areas of concern Provide site walks by veteran management for better control Conserve energy through management of procedures and key personnel Report and analyze all aspects of the work performed and actively come up with new ways to better our services
Constant communication with the client to follow up on needs and keep all needed personnel informed and minimizing leaming curve while continuing to gather and address feedback Utilize technology for identifying all aspects of the project implementations to manage and assign tasks accordingly to design an efficient infrastructure
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Packet Pg. 127 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
of Staff
Oualitv Assursnce/OC Prosram
We offer a customized set of processes for each scope of work, implemented seamlessly and reported consistently for quality assurance. Effective communication and fleet/vehicle monitoring and scheduling via GPS is an essential part of our success and the pervasive tool throughout our service integration and continuation. Utilizing technology, we adhere to a strict and thorough integration plan that has enabled us to become adaptive and successful when transitioning projects. The following actions are observed for new accounts:
r Area/Site Analysis - identiff individual needs and highlight any potential areas that may require special attention
r Pre-Service Team Brief/Assignment - assess and communicate to teams directly assigned to the project any areas of special care and assign crew with strengths best suited for the needs of the project to guarantee accountability, stability and exceptional work r Establish History and Quality Control - meet regularly to go over performance, initial feedback as well as review current methods and execution to ensure that each project is receiving specialized attention and that all crew members are fully aware of changes or modifications as necessary
r Report - as the eyes and ears of our clients, report back any potential problems or suspicious/irregular activity and recommend additional services as necessary according to the needs of the property
o Familiarize and Nurture Growth - reliability is key but continuing to analyze and discover fresh approaches or needs is the cornerstone to progress Crews
Sunset takes pride in its accomplishments as a team and the dedication, as well as experience, of our crews. We value loyalty and consider all employees a parl of the Sunset family. Sunset strives to maintain exceptional quality in our work as well as in our relationships with our crews and staff, evidenced by the average lO-year tenure of our employees. This is a direct result of our commitment to supporting our crews, implementing exceptional project strategy and our ability to pair quality with loyalty. Their training and experience is an essential part of how Sunset seamlessly transitions new contracts.
Our crew cross training and focus has been a proven benefit during the difficulties of COVID-19 Emplovee Benefit Prosram
enoitrer pivotal point to the success of our business has been to create an incentive program for our crews. Part of quality assurance means proactively giving our crew the tools and encouragements to excel. Our program gives greater accountability to translate into a more effective workforce with gteater benefits and a happier working environment. This positively impacts employees' conduct and performance to give greater value, savings and quality for our clients.
Corrective Action Plan
trnset'i procedure for corrective action currently utilizes our electronic Q.A. reporting systern which is documented and communicated through our encompassing proprietary electronic Work Order
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Packet Pg. 128 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street page g of 25 sunser property services
system. Sunset's supervisors and Q.A. personnel are trained to fill out an inspection report which is then delivered back to our main office and input electronically. If the reported results does not meet our high level of standards or there is a unique issue, a work order is opened and immediate action is taken. This simultaneously archives the report and creates an action plan accompanied with completion dates and a new inspection date. We are able to report and monitor the historical data in order to identify potential trends.
This process is multipurpose and carefully documents areas that need special care and are notes them for future reference. This can also integrate with our scheduling system to assert better controls and easily identifiable service history. Our experience in other accounts allows for a cross check between new locations and veteran locations that already have an accumulation of data so we can distinguish areas to closely monitor before we even commence services. We can provide polls to residents to actively search for their feedback to confirm we are providing services to the best of our abilities and with resident high approval. Correspondence logs are also maintained and communicated to staff to keep a transparent log of any calls from residents. Our internal systems ensure that we comply with the contract time frames on all levels.
Accountabilitv & Customer Service
At Sunset, we hold our work to the highest standards and we know that accountability is of the utmost importance. Our goal is to provide the highest quality service possible. ln order to maintain accountability and quality we have a dedicated contract manager as well as a ,client services representative, that handles any requests or concerns that our clients may have. Additionally, we have an operations team that meets daily, headed by our director of operations, to discuss any issues, new requirements or concerns to ensure that everything is running smoothly. Service and direct contact to our team is available 24 hows a day, 7 days a week.
Our proprietary work order system designed in house, creates electronic work orders to ensure that any special notes as well as basic information can be kept for reference. Client information is meticulously maintained to ensure that all documentation for the client is kept up to date and ready at any time for any potential needs or verification. Our accounting provides a customized and exhaustive breakdown of the city and the billing for each invoice cycle for fully disclosed communication and 100% accuracy. We want to ensure that accurate accounts are kept and recorded and that past information can be accessed at a moment's notice.
If special services or requests are made, outside of the scope of work, Sunset crews are prepared to handle any needs at any time. We believe we offer the best of both worlds being an involved small local business; providing big company solutions with distinct personal touches.
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Packet Pg. 129 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunset Propefi Services Poge 70 of 25
Brief
Proiect Manaeement
John D. Howhannesian, PresidentlCEO
John D. Howharuresian is the founding member of Sunset Property Services, a family-owned and operated business. Since 1.967, he has been developing and expanding the scope of Sunset's business and service expertise. Sunset's exceptional client relationships, widely diverse service skill set and innovative approaches can be attributed to his passion and high principle.
Mr. Howhannesian brings intimate knowledge of the industry and a proactive approach to solving challenges with ideas that continue to positively impact the property maintenance industry. He leads his company as a proponent in furthering enhancements in the safety of our environment. At a young age, he felt a strong sense of stewardship towards rnaintaining a clean environment and as an entrepreneurial pioneer he wanted to set the standard for taking all aspects of cleaning into account; streets, water sanitation and even air quality. Recognizing the value of sustainability, Mr. Howharrnesian was the first to introduce the concept of alternative fuel the industry in conjunction with TYMCO. This technology was implemented as a standard at Sunset well ahead of its time before it became a state mandate. He continues to be a proponent in furthering the enhancements of safety and sustainability through his 'green' philosophy which he has imparted onto his company.
With more than 50 years general management experience, he understands how each multifaceted layer of an operation firnctions on an innate level. He understands that, above building profit, being environmentally active and benefiting the community must be Sunset's primary goal. Mr.
Howhannesian has passionately built a responsive organization that consistently delivers results by aligning company initiatives with business goals pairing quality with outstanding service.
Andrea llowhannesian, Director of Operations
Andrea Howhannesian is directly responsible for the daily operations and function of Sunset's crews She emphasizes a passion for technology, innovative advancements & consistently advancing systems to provide new solutions. Her first education has been gained from her emersion in the family business which she has been proud to be a part of for over 1 1 years. She has had the to work in many different aspects of the company to gain an oncompassing knowledge of the business as a whole. She has worked closely with the municipalities serviced by Sunset to help in their advancement goals. Her involvement has allowed her to become preemptive with city needs and she has a passion for being fully immersed and understanding the distinctive mechanies of each. Her in-depth knowledge and the longevity of her experience enabies her to provide a top to bottom account of a project for seamless transitions and planning to help project needs, communicate effectively and meet deadlines.
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Packet Pg. 130 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
Rick DeAnda, Assistant Operations Manager
Rick DeAnda has been with Sunset for over 34 years, currently in his position as Assistant Operations Manager where, through his determination and tenacity beginning behind a sweeper helper, he eamed and has grown into the operations area of expertise. His experieuce plcvides a keen eye for detail and also allows for us to present solutions to our clients and make suggestions of property needs. Rick brings a gamut of experience and perspective to the table for this contract. Having such a diverse and experienced background, Rick provides efficient and veteran solutions to day-to-day issues including managrng personnel and coordinating resources for the benefit of Sunset clients.
Michael Araujo, Supervisor
Michael and Ivan would pair up to cover the supervisorial aspects of this contract. Michael has been directly involved with the scheduling and routing of this contract. Ivan has been well versed in all of our Class B services on a personal level, including being certified himself, Together they would oversee and input the daily reporting on equipment, service times and concerns to ensure accountability and vigilance. Additionally, Ivan would filIin during anyunanticipated call off.
Cynthia Rendon, Customer Service
Cynthia Rendon is the dayto-day liaison with our clients, while working closely with the Operations team in planning daily services and special client requests.
She assists in the creation of all property specifications by preparing detailed documentation and knowledge on sites and scheduling. She also oversees the input and completion of all work orders that are processed through our system.
Cynthia has brought a level of responsiveness and personal connection to our relations with the city.
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Packet Pg. 131 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunset Property Services Poge 72 of 25
J
L cPublicworks
tntegrlty, Accountabtltty, SerYlce, Trust
Shene L. Silsby, Diructor
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August zl,20Lg
To whom it may concern:
RE: Sunset Property Seruices
I am pleased to provide thls reference letter for Sunset Property Services.
The County of Orange approved contract MA-0E0-12011450 with Sunset Property Services for street sweeplng services commencing on May t,2Ot2 through April 3Q 2017. Sunset Property Services was tasked to perform street sweeping on multiple unincorporated islands throughout Orange County which included Anaheim, Santiago Canyon, Orange, Santa Ana, Tustin, Yorba Linda, Dana Point Hidden Ranch, Ladera Ranch, Las Flores, Wagon Wheel, and Rancho Mission Viejo. Duringthis time, we found Sunset Propefi Services staff to be very knowledgeable, professional and cooperative throughout the term of this contract. The Gounty of Orange has recently approVed a new contract, MA{8G17011!}45, with Sunset Property Services for street sweeping servlces commencing on May t,2OL7 through April 3O 2020, with the option to renew fortwo additionalyears.
The County has received excellent customer service and is extremely pleased with the business relatio-nship that has been established with Sunset Propefi Services.
We would recommend Sunset Property Servicesto you without hesitation.
Sincerely, %
Krls Rulz
SMIS, AnnualContracts
OC Public Works-Operations & Maintenance
7L4-955-0345- Direct
Krls.Ru [email protected]
300 N. Flower Ske€t, Santa Ana, CA 92703
P.O. Box4O48, SentaAna, C[gnoz4o4,B
ttrrww.ocpub llorvo
'ks.com
714.667.8800 | lnb@OGPVt/.ocgov.com
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Packet Pg. 132 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Poge 73 of 25 Sunset Propefi Services
Turner Gonstructlon Company
1900 South State Collcge, Suite 200
Anaheim, CA 92806
Phone: (714) 940-9@0
August 2l,20l8
To Whom itMay Concern:
I am writing this Ietter as a reference for Sunset Property Services.
Sunset is well-organized, detailed and executes well in the services they have provided for us on a numerous projects.
Their site management and execution on final cleaning services that have included janitorial, street sweeping window washing and pressure washing, have been detailed, well organized and have shown flexibility on the changes that are inherent to construction projects.
Throughout the projects completed, they established and maintained a consistent clear line of communication as well as a ohain of command for better efficiency. They were honest, adhered to schedules and changes in professional manner.
With any of your project or site cleaning services, we would highly recommend Sunset Property Services.
Sincerely,
Turner Construction Company
Brendan W. Murphy
Vice President and Operations Manager
BuiWng the Future
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Packet Pg. 133 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
Recent Exoerience
Sunset ts pleaGd io provide street, lot and bike trail sweeping to many neighboring entities in and around Laguna Hills including Mission Viejo, Laguna Niguel and Laguna Woods. Most recently, the City of Fountain Valley and Newport Beach were successfully transitioned mid 2020 for city-wide street sweeping. Additionally, during our past term with Laguna Hills, we were awarded by SCMSDC through our longstanding relationship with Disneyland with a 2019 Supplier of the Year Award. We continue to show our city contracts and commercial partners our cofitmitment to excellence, safety and reliability.
References
All references listed above have been successfully transitioned and managed by the proposed team for the City of Laguna Hills.
Date
Value
Name & Address 9ontact Description
Current
+$400K
City of Mission Viejo
27204 E. La Paz Road
Mission Viejo, CA92692
Corey Gonyea
gsonvea(@ci tyofmissionvieio.ore
(949) 362-4341
City-wide street sweeping
services including parking
lots & bike hails.
Current
+$450K
County of Irvine
6427 OakCanyon
Irvine, CA926I8-5202
John Dupont
JD u pont@citvof irvine-orq
(e49) 724-7617
City-wide street sweeping
services including parking
lots & bike trails.
Current
+750K
City ofNewport Beach
100 Civic Center Drive
Newport Beach, CA92660
Tom Miller
lMi ller@newportbeachca. gov
(94e) 718-3481
City-wide street sweeping
services including parking
lots & bike trails.
Current
+$120K
County of Rancho Santa
Margarita
22112 El Paseo
Rancho Santa Margarita, CA
92688-2824
Brendan Dugan
[email protected]
(e4e) 63s-180s
City-wide street sweeping
services including parking
lots.
Current
+700K
Disneyland Resort
700 W Ball Rd
Anaheim, CA92802
Karla Kingma
Karla.Kin gma@d isnev. com
(714) 781.-77s2
Open parking lots
parking structures
largest in the world)
and
(6tn
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Packet Pg. 134 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
Sunset Property Services is in good standing. There have been no concerns in regards to bankruptcy, past or present. This financial stability has been in place for over 54 years and has translated over to our relationship and stability throughout our current term.
If requested, Sunset Property Services is willing to provide the requested proof of financial condition outside of public record.
Financial Condition
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Packet Pg. 135 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
Through our historical routing, current use of knowledgeable sweeper operators and our management team that has been with the company for an average of over 25 years, we are well versed with you city and the routes. We will be able to rollout the changes being proposed while upholding our indoctrinated routing.
Our current GPS mapping confirms start points and properly divides scheduled days, including those requiring multiple sweepers outside of the primary. This is only achieved efficiently due to our expansive understanding being that we are based in Orange County and we have a presence here with our other contracts and through our teams that live in Orange County. Below includes a sampling of our current mapping including points of interest:
Schedule of Performance
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Packet Pg. 136 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunsef Property Services Poge 77 of 25
Isuzu NPR XC
Freiglrtliner M2
Freightliner M2
Freiglrtliner SNS
TYMCO 435
TYMCO 600
TYMCO 600
TYMCO 600
2020
2016
2016
2018
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Packet Pg. 137 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Poge 78 of 25 Sunsef P ropefty Services
In our tenureo experience and savings to the city, we have engrained knowledge that is unparalleled.
This includes loCations of hotspots throughout the city and routing that includes sensitive and posted meas not necessarily considered in this NIB.
Additionally, Sunset is willing to work with the city in conjunction with their waste franchise agreement to potentially cover trpping fees. If this is able to be achieved, the curb mile rate will be furttrer discounted to the city.
Additional Information
4.7.b
Packet Pg. 138 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunset Property Services
BIDDER'S NAME: Sunset Property Services
CITY OF LAGUNA HILLS
BID PROPOSAL FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES TO CITY OF LAGUNA HILLS:
The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice lnviting Bids, Specifications, and Maintenance Seruices Agreement therefore, and to perform allwork in the manner and time prescribed therein.
CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice lnviting Bids, Specifications, and Sample Draft Citywide Street Sweeping and Roadway Cteaning Maintenance Services Agreement. lf this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.
CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. lt is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. ln the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
CONTRACTOR 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 workman's compensation or to undertake self-insurance in accordance with the provisions of that code, and that ihe CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
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Packet Pg. 139 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunset Property Services
CONTRACTOR acknowledges that it is the City's intention to award a Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement for a period commencing on July 1, 2021.
CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed on an annual basis during the term of this Project, that the work shall only be performed on an as-needed, on-call individual Task Order basis only and no quantity of work or payment to Contractor is guaranteed to be authorized or granted by the CitY.
CONTRACTOR'S NAME: SunsetProperf Services DATtr 5-/6' 2021 CONTRACTOR'S ADDRESS:
l6?51 Con nn ftir.nle W'asf
BY John D Howhannesian
(
)
BY Andrea hannesian PHON E (949 ) 551-5151
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
Continued next page
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Packet Pg. 140 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
ACKNOWLEDGMENT
State of Californi
County of
On before me, lc
(insert name and title officer)
personal d.^, ly appeared t(\
who proved to me on the basis of satisfactory to be the person(s) whose name(s ) Is/are
su bscribed to the within instrument and acknow ledged to me that he/she/they executed the same n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiff under PENALW OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
usA
WITNESS my hand and officialseal. coMM. #2194001 z
, Notary Public o
Oranoe
Calilornia
Signature (Seal)
A notary pu or other officer
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document
4.7.b
Packet Pg. 141 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunset Propefi Services
CONTRACTOR certifies that the following information is true and correct:
Contractor Name Jonset Corporation dba Sunset Property Services Business Address 16251 Construction Circle West- Irvine. CA 42606 FAX No. (24e) 55t-437r Telephone (949) 551-5151
E-Mail add ress : [email protected] State Contractor's License No. and Class N/A
Original Date lssued N/A ExPiration Date N/A
Years this Company has been in the Maintenance Business 54 Years The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
.Tohn D . President - Mission Vieio. CA92606 s5r-5r51
fuidrea Howhannesian. Secretary - Rancho,Santa Margarita. CA 92688 (949) 551-5151 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
None
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
Sunset Services
BY John D Howhannesian
TITLE President
DATE Mav l4th.202l
Continued next page
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Packet Pg. 142 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunset P ro pe rty Se rvice s
BIDDER'S NAME : Sunset Propertv Services
REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has :
1. Agency: Citv of Newport Beach
Address: 100 Civic Center Drive, Newport Beach. CA92660 Telephone (949) 718-3481
Primary Contact Person/Title: Tom Miller / Maintenance & Operations Supervisor Years of service with this Agency: l0 Type of Work:StreeUAllevs/Lot Sweeping Term of Ag reement: l0 Years Expiration Date Current
2. Agency: Citv of Trvine
Address: 6427 Oak Canyon, Irvine, CA 9261,8-5202
Telepho ne: (949\724-7617
Primary Contact Person/Title: John Dupont / Street Maintenance Superintendent Years of service with this Agency: 6 Type of Work: Street/Lot Sweenins Term of Agreement: 5 Years Expiration Date: Current
3. Agency: Citv of Rancho Santa Margarita
Address 22112 El Paseo, Rancho Santa Margarita CA 92688 Telephone 635-1 805
Primary Contact Personffitle: Brendan Dugan / Public Works Director/City Engineer Years of service with this Agency: 15
Term of Agreement: 8 Years
Continued next page
Type of Work: @anitorial
Expiration Date: Current
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Packet Pg. 143 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Poge 23 of 25 Sunsef Property Services
BIDDER'S NAME: Sunset Propertv Services
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR AND
SUBMITTED WITH BID
STATE OF CALIFORNIA )
)SS
couNTY oF )
John Howhannesian being first duly sworn, deposes and says that he or she is President of the party making the
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, Contractor association, organization, or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the bid price, or of that of any other, 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 Contractor 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof to effectuate a collusive or sham bid.
Sign
Name (print)
President
Title
5-/5*4
Date
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
Continued next page
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Packet Pg. 144 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
ACKNOWLEDGMENT
State of Ca
County of
On before me, L:<" M &)" fbfututW"U;,
(insert name and titlb of the officerf
personally appeared
who proved to me on the basis of satisfactory to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowled ged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I oertiff under PENALW OF PERJURY underthe laws of the State of Califomia that the foregoing paragraph is true and conect.
WITNESS my hand and officialseal coMM, #2194001
=7
o
Public . Calilornia
County
Signature (Seal)
A notary or other officer com ng this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
VA of that document.
4.7.b
Packet Pg. 145 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sunsef Propefi Services
BIDDER'S NAME Sunset Prspertv Services
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES
BASE BID
rorAL BASE BID lN FIGURES: $202.286.22
TOTAL BASE BtD tN WORDS: Two hundred and two thousand two hundred eighty-sixDOLLARS AND twenty-two CENTS
Quantities shown above are estimated. Actual Quantities shall be verified by the City inspector and may be greater or less than the quantities indicated here. The determination of the lowest price bid shall be on the basis of comparison of the Total Base Bid value.
ADDITIONAL SERVICES BID AS NEEDED
ITEM
NO ITEM UNIT UNIT PRICE
I Hourly Rate for Special Street
Sweeoinq
Hourly $155.00
9 Hourly Rate for Emergency Street
Sweepino
Hourly $180.00
10 Bus Stop Cleaning (Select locations
on a quarterlv basis or as directed)
Each $ 95.00
Continued Next Page
ITEM
NO. ITEM UNIT QTY UNIT
PRICE
AMOUNT
I Arterial Highway and Collector Street
Weeklv Street Sweeping per Year
Curb mile 4524
(87x521 25.17 $ 1't3,869.08
2 Residential Street Twice Monthly Street
Sweeping per Year
Curb mile 3024
fl26x241 25.24 $ 76,325.76
3 Monthly Bike Trail Street Sweeping per
Year
Monthly 12
246.66 $ 2,959.92
4 Monthly Sidewalk, Stairway, Fire Gate
Cleaning per Year
Monthly 12
410.60 $ 4,927.20
5 Monthly Community Center Parking Lot
Street Sweepinq per Year (3 lots)
Monthly 12
146.O7 $ 1,752.84
6 Monthly Cabot Park Parking Lot Street
Seepinq per Year (1 lo0
Monthly 12
110.71 $ 1,328.52
7 Quarterly two-way left turn
Sweeping
Street Quarterly 4
269.42 $ 1,122.94
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Packet Pg. 146 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
BIDDER'S NAME:Sunset Services
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES
EQUIPMENT INVENTORY
Contractorshallprovide,@,themodel,makeandyearoftheprimary equipment proposed to be used on this Project. Do not list hand tools.
BID PROPOSAL SUBMISSION STATEMENT
lN WITNESS WHEREOF, Contractorexecutes a
hands, and seals of all forenamed principals this
nd submits this
. t*day af
proposa
tl4f,/ lwith the names, titles,
.2021.
NOTE: CONTRACTOR MAY, AT THEIR SOLE DISCRETION, PROVIDE A LISTING AND
DESCRIPTION OF ADDITIONAL SERVICES THEY OFFER, ADDITIONAL REFERENCES,
AND ADDITIONAL COMPANY INFORMATION DESCRIBING THEIR UNIQUE
QUALIFICATIONS TO AID THE CITY IN DETERMING THE BEST QUALIFIED VENDOR BY ATTACHING UP TO 10 ADDITIONAL PAGES TO THIS BID PROPOSAL. CITY MAY UTILIZE THIS INFORMATION IN ITS EVALUATION OF THE 'BEST QUALIFIED VENDOR" IN ACCORDANCE WITH LHMC 3-08.090 and 3-080.100.
CONTRACTOR NAME: Sunset Pronertv Services
By John D Howhannesian
President
Title
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
1404157 I
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Packet Pg. 147 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
AGKNOWLEDGMENT
State of California
County of
On before me, V
(insert name and title e officer)
personally appeared !.."nn
who proved to me on the basis of satisfactory dence to be the person(s) whose re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiff under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and conect.
WITNESS my hand and officialseal. #21940A1 z
v
o
Public . Calilomia
Signature (Seal)
A notary or other officer com
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
va of that document.
4.7.b
Packet Pg. 148 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sening the Standard
Since 1967
Orange County
TEsleoistru&ion
Circle West
Irvine, CA 92606-4412
(949) 551-sI51
(949) 551-4371 FM
June 9,2021
Mr. Kenneth Rosenfield
lnterim City Manager
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Re: Supplemental Rate Sheet
Dear Kenneth,
Sunset's approach has always been to meet or exceed the highest quality service while being conscientious of cost savings to benefit the clients we serve.
Although we were the lowest qualified bidder in the recent Street Sweeping Bid Proposal dated May 18, 2o2L,we are willing to offer an option, in consideration of the residents and you, our client.
We are providing an SRS in the event the City allows Sunset access to free tipping fees, estimated at about 200 tons annually, under the franchise hauling agreement. sunset agrees to reduce the rate by Sr.ro per curb mile, subject to reasonable determination of the parties that the currently unknown transfer station location will be within a reasonable distance from the City.
The reduction would save the city an additional 58,378.28 annuaily or S25,t3+.8+ over the initial three year term.
As always, we will continue to work with you and look for cost saving solutions should you need anything.
Sincerely,
Jo owhan tan
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Packet Pg. 149 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street EXHIBIT *B''
CITY OF LAGUNA HILLS
NOTICE INryITING BII}S AI\D SPECIFICATIONS
FOR
CITYWIDE STREET SWEBPING AhtD ROADWAY CLEANING
MAINTENANCE SERVICES
DATED: APRIL 19,2021
lttS{{6.1
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Packet Pg. 150 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
CALIFORNIA
NOTICE INVITING BIDS AND SPECIFICATIONS
FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING
MAINTENANCE SERVICES
lssued: April 19,2021
Bid Opening May 18,2021 at 11:00 am
CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
(949) 707-26s1
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Packet Pg. 151 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
CALIFORNIA
NOTICE INVITING BIDS AND SPECIFICATIONS
FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING
MAINTENANCE SERVICES
Prepared under the Supervision of and Approved by
April 19,2021
Kenneth H. Rosenfield, P.E.
lnterim City Manager/Public Services Director
R.C.E. No.33496
Expires 6130122
clvtu
c-33496
* *
Date
4.7.b
Packet Pg. 152 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
TABLE OF CONTENTS
FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING
MAINTENANCE SERVICES
NOTICE INVITING SEALED BIDS
INSTRUCTIONS TO BIDDERS
GENERAL PROVISIONS
-Agreement
-Conflicts
-Bid Proposal
NB
IB
GP-1
GP-2
GP-4
GP-5
GP-6
GP-7
GP-8
GP-9
-Award of Citywide Street Sweeping and Roadway Cleaning M aintenance Services Ag reement/Best Qualified Vendor
Selection Criteria
-Term/Extension
-Method of Payment
-Routine Street Sweeping and Roadway Cleaning Maintenance -Extraordinary Work
-Emergency Work
-Prevailing Wages
-Anti-Kickback and Work Standards
-Emergency Numbers
-Licenses
-Dress Code and Appearance
-lnteraction with the Public
-City's Right to do Work
-City Liaison
-Specifications and Plans
-Communications
-Reports and Schedules
-Supervision
-Protection of Existing Facilities and Structures
-Utility Requirements
ilt
GP-10
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Packet Pg. 153 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street -Contractor Neglect
-Safety
-Construction Equ ipment
-Traffic Control
-Noise Control Requirements
-Water Quality and Conservations
PROPOSAL DOCUMENTS
Proposal
Contractor's Licensing Statement
References
Non-Collusion Affidavit
Proposal Bid Sheets
SPECIAL PROVISIONS
Scope of WorUObjectives/Defin itions
Standards of Performance
Equipment Requ irements
Schedule
Disposal
C han ges/Commu n ications/Compensation
DRAFT CITYWIDE STREET SWEEPING AND ROADWAY
CLEAINING MAINTENANCE SERVICES AGREEMENT
STREET SWEEPING AND ROADWAY CLEANING LOCATIONS
GP-12
GP-13
P-1
P-4
P-5
P-6
P-7
SP-1
SP-5
SP-7
SP-10
SP-11
SP-13
APPENDIX I
APPENDIX II
IV
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Packet Pg. 154 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
NOTICE INVITING SEALED BIDS FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES NOTICE lS HEREBY GIVEN that sealed bids will be received by the City of Laguna Hills, as AGENCY, for furnishing all materials, equipment, tools, labor, and incidentals as required for the above stated Project in strict accordance with this Notice lnviting Bids, Specifications and Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement on file in the City Clerk's Department of the City of Laguna Hills.
Bids will be received by the City Clerk at the City of Laguna Hills until 1 1 :00 am on the 18th day of May 2021, at which time and place the bids will be publicly opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside, 'CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES . DO NOT OPEN WITH REGULAR MAIL."
The City seeks to retain the services of a qualified and experienced company/Contractor capable of performing the work of all-inclusive citywide street sweeping and roadway cleaning maintenance services, including, but not limited to, routine weekly street sweeping and cleaning of arterial highway and collector streets, twice monthly street sweeping and cleaning of residential streets, monthly street sweeping and cleaning of specified parking lots, sidewalks, stairs, fire gates, and bike trails, quarterly sweeping of specified two way Ieft turn lines and as directed cleaning of specified bus stops (the "Project"), all in accordance with the Bid Proposal.
The Agency reserves the right, after opening bids, to reject any or all bids and will procure the services for Project consistent with the City's procurement regulations, procedures, and best qualified vendor selection criteria set forth in Sections 3-08.090 and 3-08.100 of the Laguna Hills Municipal Code (LHMC), respectively, as determined solely by the City; to waive any informality in the bidding; to accept any bid or portion thereof; and to take all bids under advisement for a period of ninety (90) days. Bids will be compared on the basis of the Engineer's estimate of the quantities of the several items of work as shown on the bid sheets. A full and complete copy of Sections 3-08.090 and 3-08.100 of the LHMC is provided within the lnstructions for Bidders section of this document. To facilitate the City's determination of the Best Qualified Vendor, Bidder shall provide up to ten pages of additional information about their unique qualifications meeting the City's needs for this Project as a part of the submission of their Bid Proposal. The City may, at its discretion, afterthe opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City. t404157.1
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Packet Pg. 155 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street At the time of award of the proposed Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement, the Contractor shall possess a State of California Contractor's License as appropriate for the performance of the work herein described. The City requires either the State Compensation lnsurance Fund or a carrier rated B+ or above for Workers' Compensation lnsurance.
The selected company/Contractor shall enter into the City's Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement which includes the following provision regarding Prevailing Wages: "Gontractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). lt is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement." Work or seruices that are considered to be cleaning, custodial, and janitorial in nature are not Public Works as defined in the State of California Labor Code, therefore such work or services shall not be subject to compliance monitoring and enforcement by the Department of lndustrial Relations (DlR). However, as may be applicable, it is the Bidders' sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project.
Complete sets of Specifications may be obtained by request at no charge from the City of Laguna Hills, 24035 El Toro Road, Laguna Hills, California, 92653. Specifications can be mailed for an additional $10.00 (ten dollars) per set, or call for express delivery rates, You may obtain information regarding the Bid and plan holder's list by accessing the City's website at "www.lagunahillsca.gov", clicking on "Doing Business, Bid Opportunities, CIP/RFP," then clicking on the specific job in which you are interested. You may also access the website after the bid date to obtain information regarding the award of bid.
Dated this 19th day of April 2021. Clry OF LAGUNA HILLS, CALIFORNIA alA 4 4--
MELISSA AU-YEUN GrtffY CLERK
24035 El Toro Road
Laguna Hills, CA 92653
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Packet Pg. 156 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
INSTRUCTIONS TO BIDDERS
FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES
1. BID PROPOSAL FORMS
Bid Proposal(s) shall be submitted in writing on the Bid Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any submission not meeting these requirements.
2. NON-COLLUSION AFFIDAVIT
Contractor shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the Bid Proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.
3. PROPOSAL BID SHEET
Contractors shall give unit prices for each and all of the items set forth. No aggregate proposal(s) will be considered. The Contractor shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and may change over the duration of the Project. Contractor shall make its own estimates as to the extent of the work. ln case of a variation between the unit price and the totals shown by the Contractor, the unit price will be considered to be the bid.
4. DELIVERY OF BID PROPOSAL
Bid Proposals may be mailed or delivered in person. Note that during the Covid-19 Pandemic, City Hall offices may be closed and unable to accept express or messenger services deliveries on a timely basis. However, it is the Contractor's sole responsibility to ensure delivery of the proposal to the hands of the City Clerk by the date and time required in the Notice lnviting Sealed Bids. ln person drop off of Bids will be accepted beginning one hour prior to the Bid Opening date and time set forth in the Notice lnviting Bids. Call to arrange acceptance of Bids at other times at (949) 707-2651. t404ls].t
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Packet Pg. 157 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting City department head shall open all bids or proposals in public at the time and place stated in the Notice Inviting Bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting city department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
5. IRREGULAR BID PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a Bid Proposal will render it irregular and may cause its rejection. The completed Bid Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
6. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.
7. DISQUALIFICATIONOFCONTRACTORS
In the event that any Contractor acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the Contractor will be disqualified.
This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one. No Agreement will be executed unless the Contractor is licensed in accordance with the provisions of the State Business and Professions Code.
I INTERPRETATI OF DOCUMENTS
lf any person/company/corporation contemplates submission of a Bid Proposal for the proposed Project and is in doubt as to the true meaning of any part of the specifications or other proposed documents, or finds discrepancies in, or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanation or interpretations of the proposed documents. Contractor shall field review the site of the Project and completely familiarize themselves with all of the work necessary to complete the Project as described in the Specifications. 14041s7.t
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Packet Pg. 158 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
9. ADDENDA OR BULLETINS
The effect of all addenda to the Documents shall be considered in the Bid Proposal, and said addenda shall be made a part of these documents and shall be returned with them.
Before submitting its Bid Proposal, each Contractor shall inform themselves as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render its bid irregular and may result in its rejection by the City.
10. LEGALRESPONSIBILITIES
All Bid Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to Bid Proposal(s) for contracts of this nature whether the same are expressly referred to herein or not.
Any Contractor submitting a Bid Proposal shall by such action thereby acknowledge they have visited the full limits and extent of the work site and agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Notice lnviting Bids, Specifications and Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement, which is subject to change upon final, and to full compliance therewith.
11. AWARD OF CITYWIDE STREET PING AND ROADWAY CLEANING
MAINTENANCE SERVICESAGREEMENT
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The determination of the lowest bid value shall be based upon a comparison of the Bid Proposals only. However, the City shall determine whether to award the proposed Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement, which is subject to change upon final, to the Best Qualified Vendor in accordance with all of the following provisions of the LHMC. '3-08.090 Procurement of goods and supplies, equipment, materials, and nonprofessional services - Greater than fifty thousand dollars ($50,000.00) - Formal
The procurement of goods and supplies, equipment, materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.
A. Notice lnviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, 1404t57.1
tB-3
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Packet Pg. 159 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.
B. Public Notice. The notice inviting formal bids or proposals shall be publicly noticed in any generally accepted manner, which includes on the city's official website. ln addition, such notice may also include trade publications when practicable.
C. Bid Opening Procedure. Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting city department head shall open all bids or proposals in public at the time and place stated in the notice inviting bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting city department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or othenrvise cancel the procurement, or may order the re-advertisement of the request for bids. lf all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.
E. Tie Bids. lf two or more formal bids or proposals received are the same and are the lowest, the City Council may accept the one it chooses.
F. Award of Contracts. Contracts or purchase orders shall be awarded by the City Council to the lowest Bidder or proposer consistent with the best qualified vendor selection criteria set forth in Section 3-08.100, except as otherwise provided herein. The decision of the City Council shall be final. The City Council may authorize that such purchase orders or contracts be executed by either the Mayor or the City Manager, or the City Council may otherwise delegate such signature authority.
G. No Bids Received. lf no bids or proposals are received, the purchase may be let in the open market or by the informal procedures set forth in Section 3-08.080, subject to City Council approval.
H. Performance Bonds. The Purchasing Officer shall have authority to recommend that a performance bond or other form of security or guarantee be required before entering into a contract in such amount as may be reasonably 14041s7.1
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Packet Pg. 160 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street necessary to protect the best interests of the city. lf a performance bond or other form of security or guarantee is required, the form and amount of the bond, security or guarantee shall be described in the notice inviting bids, and the performance bond, security or guarantee shall be in a form approved by the City Attorney. l. Defects, lrregularities, and lnformalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city. 3-08.100 Best qualified vendor
ln determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:
A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessionalservices requested;
C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption; D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform; E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
F. The quality of vendor's performance history and record on previous purchases or contracts with the city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and
H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and alllawfulorders, rules, and regulations promulgated thereunder."
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Packet Pg. 161 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street To facilitate the City's determination of the Best Qualified Vendor, Bidder shall provide additional information about their unique qualifications meeting the City's needs for this Project as a part of the submission of their Bid Proposal. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.
At the time of award of the proposed Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement, which is subject to change upon final, the selected Bidder shall hold a Contractor's License or a combination of licenses, as appropriate to perform the work, issued by the State of California. Additionally, the City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety,(90) days all as may be required to provide for the best interests of the City. ln no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Contractor to whom the award is contemplated. No Contractor may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix l) Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement, which is subject to change upon final.
12. WORKERS'COMPENSATIONCERTIFICATE
Section 3700 of the State Labor Code reqUires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of lndustrial Relations. ln accordance with this Section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation lnsurance Certificate which is included with the attached Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement, which is subject to change upon final, and submit same to City along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.
13. INITIATION OF TH SCOPE OF WORK
Bidders are notified that it is the City's intent, to the maximum extent practical, to award the Agreement for this Notice lnviting Bids and Specifications for Citywide Street Sweeping and Roadway Cleaning Maintenance Services such that the Contractor shall begin work at 12:01 AM on July 1 ,2021, for the term as set forth in the Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement. Bidders unable to commit to this start date and time may be disqualified for consideration of the award of the Agreement.
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Packet Pg. 162 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
GENERAL PROVISIONS
FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES
1. AGREEMENT
The selected company/Contractor, by submitting their bid, is agreeing to enter into the proposed Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement (hereinafter "Agreement"), which is subject to change upon final. The Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement is attached (see Appendix l). ,
2 CONFLIC TS
ln case of any conflict between the Notice lnviting Bids, these Specifications and the Agreement, the Agreement shall take precedence.
3. BID PROPOSAL
The Bidder shall provide bid values for all sections of the Bid Proposal. Bids shall be compared on the basis of the fully completed Bid Proposal for the determination of the lowest responsive Bidder. The Agency shall have the authority to select a company/Contractor to enter into the Agreenient to provide services on the basis of the Bid Proposal and in accordance with the "best qualified vendor selection criteria" as described herein.
The Bid Proposal shall provide unit prices for the monthly Street Sweeping and Roadway Cleaning maintenance services as shown on the Bid Schedule of all designated City streets and facilities as described herein in the Scope of Work and shown in Appendix ll, to include routine weekly street sweeping and cleaning of arterial highway and collector streets, twice monthly street sweeping and cleaning of residential streets, monthly street sweeping and cleaning of specified parking lots, sidewalks, stairs, fire gates, and bike trails, quarterly sweeping of specified two way left turn lines and as directed cleaning of specified bus stops, special street sweeping hourly rates and emergency street sweeping hourly rates. Contractor shall furnish and have accessible all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all-inclusive citywide street sweeping and roadway cleaning maintenance services, including, but not limited to, routine weekly street sweeping and cleaning of arterial highway and collector streets, twice monthly street sweeping and cleaning of residential streets, monthly street sweeping and cleaning of specified parking lots, sidewalks, stairs, fire gates, and bike trails, quarterly sweeping of specified two way left turn lines and as directed cleaning of specified bus stops. Bidder is solely responsible for satisfying themselves as to the full Scope of the street sweeping and roadway cleaning maintenance services. 140415'7.t
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Packet Pg. 163 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street ln addition to the unit prices for routine monthly street sweeping and roadway cleaning maintenance services, Bidder shall provide unit prices for work as specified for use in determining compensation for as specified bus stop cleaning and hourly rates for Special Street Sweeping and for Emergency Street Sweeping, as each are defined in the Scope of Work.
4. AWARD OF CITYWIDE STREET ING AND R CI FANING
MAINTENANCE SE ICES AGREEMENT _ BEST QUALIFIED NDOR SELECTION
CRITERIA
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The determination of the lowest bid value shall be based upon a comparison of the Bid Proposal. However, the City shall determine whether to award the proposed Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement, which is subject to change upon final, for the Bid Proposal to the best qualified vendor in accordance with all of the following provisions of the LHMC. '3-08.090 Procurement of goods and supplies, equipment, materials, and nonprofessional services - Greater than fifty thousand dollars ($50,000.00) - Formal The procurement of goods and supplies, equipment, materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.
A. Notice lnviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.
B. Public Notice. The notice inviting formal bids or proposals shall be publicly noticed in any generally accepted manner, which includes on the city's officialwebsite. ln addition, such notice may also include trade publications when practicable.
C. Bid Opening Procedure. Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting City department head shall open all bids or proposals in public at the time and place stated in the notice inviting bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting City department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
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Packet Pg. 164 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or othenrvise cancel the procurement, or may order the re-advertisement of the request for bids. lf all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.
E. Tie Bids. lf two or more formal bids or proposals received are the same and are the lowest, the City Council may accept the one it chooses.
F. Award of Contracts. Contracts or purchase orders shall be awarded by the City Council to the lowest Bidder or proposer consistent with the best qualified vendor selection criteria set forth in Section 3-08.100, except as otherwise provided herein. The decision of the City Council shall be final. The City Council may authorize that such purchase orders or contracts be executed by either the Mayor or the City Manager, or the City Council may othenrvise delegate such signature authority.
G. No Bids Received. lf no bids or proposals are received, the purchase may be let in the open market or by the informal procedures set forth in Section 3-08.080, subject to City Council approval.
H. Performance Bonds. The Purchasing Officer shall have authority to recommend that a performance bond or other form of security or guarantee be required before entering into a contract in such amount as may be reasonably necessary to protect the best interests of the city. lf a performance bond or other form of security or guarantee is required, the form and amount of the bond, security or guarantee shall be described in the notice inviting bids, and the performance bond, security or guarantee shall be in a form approved by the City Attorney.
l. Defects, lrregularities, and lnformalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city. 3-08.100 Best qualified vendor.
In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:
A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
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Packet Pg. 165 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested; C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption ;
D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform; E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
F. The quality of vendor's performance history and record on previous purchases or contracts with the city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder." To facilitate the City's determination of the Best Qualified Vendor, Bidder shall provide additional information about their unique qualifications meeting the City's needs for this Project as a part of the submission of their Bid. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the Ci$.
The City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. ln no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Company/Contractor to whom the award is contemplated. No Bidder may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix l) Draft Street Sweeping and Roadway Cleaning Maintenance Services Agreement.
5. TERM/EXTENSION
Unless earlier terminated as provided in the Agreement, the Agreement shall commence upon the effective date of the Agreement and shall continue in full force and effect for a period of five (5) years, with services commencing at 12:01 AM on July 1 ,2021, and 1404157.1
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Packet Pg. 166 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street ending on June 30,2026 ("lnitial Term"). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term ("Renewal Option").
Any extension of the Term pursuant to the Renewal Option shall only be made on the basis of the terms, conditions, requirements and schedule of compensation as provided for in the five-year lnitial Term of the Agreement.
6. METHOD OF PAYMENT
The Contractor shall present, for the previous month, a monthly invoice for the contracted monthly amount for monthly routine street sweeping and roadway cleaning maintenance for the price proposed and, separately, for any special street sweeping, emergency street sweeping and bus stop cleaning as preauthorized by City. The monthly invoice shall be accompanied with a narrative description of all work completed in the preceding month and all other reporting as specified herein as a prerequisite for processing the invoice for payment. Failure to invoice monthly, within 30 days of the last day of the preceding month, then said invoice shall not be due and payable. Payment will be made monthly only after verification of completion of the scheduled work and any authorized other work. Send monthly invoices to: Director of Public Services, City of Laguna Hills, 24035 ElToro Road, Laguna Hills, CA 92653
7 PNIITINtr STRtrtrT -q\A/tr EPING AND PAAN\A,AV T\,A I NTtrNI A NNtr Routine Street Sweeping and Roadway Cleaning Maintenance Services shall consist of as identified for the street sweeping and roadway cleaning maintenance services locations (see Appendix ll) and as further defined in the Scope of Work herein. Full compensation for performing all work specified by these specifications and the Agreement shall be considered as included in the unit price bid for routine monthly street sweeping and roadway cleaning maintenance and no additional compensation will be allowed therefore. The generalwork activities (for a complete list, consult the Special Provisions within these Specifications) included in the monthly routine work shall include, but not be limited to, the following:
Weekly street sweeping and cleaning of arterial highway and collector streets, twice monthly street sweeping and cleaning of residential streets, monthly street sweeping and cleaning of specified parking lots, sidewalks, stairs, fire gates, and bike trails, quarterly sweeping of specified two way left turn lines and as directed cleaning of specified bus stops.
8. SPECIAL STREET SWEEPING
Occasional sweeping required by Contractor shall include add-on scheduled and nonscheduled street sweeping of special events, spills, and unusual conditions or any other sweeping requested by the City not included in routine/scheduled sweeping. Special sweeping occurs during the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. 1404157.t
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Packet Pg. 167 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Invoicing for specialsweeping shall be based upon an hourly rate with traveltime included to and from nearest sweeper's location in accordance with the approved fee schedule and no additional compensation will be allowed therefore. The street sweeper shall temporarily postpone scheduled sweeping and respond immediately to the location of Special Sweeping as designated. Contractor's response time shall not exceed two (2) hours once contact has been made to Contractor's office or field personnel by City staff.
Scheduled sweeping will resume once Special Sweeping has been completed.
Contractor will contact City personnel when Special Sweeping has been completed so location may be inspected and verified for cleanliness.. The following procedure will govern such extraordinary work.
1. Special Street Sweeping shall not be initiated without written authorization
2. Work will be executed in a timely manner meeting the approval of the Public Services Director on a unit price basis, an agreed lump sum price basis or on a time and material cost basis as defined in the authorization.
3. Special Street Sweeping shall only include work not included in the routine monthly street sweeping and roadway cleaning maintenance work as defined herein.
4. Notwithstanding the above clauses, the City shall have no obligation to utilize the Contractor for special street sweeping and may use other forces as deemed appropriate by the City without any effect on the Agreement.
9. EMERGENCY STREET SWEEPING
Emergency work shall be work associated with a Contractor call out from either the City or the Orange County Sheriffs Department, which may occur during any 24 hours of each day, due to an emergency, exigency, disaster, traffic collision, or other similar circumstances creating a for street sweeping. Contractor shall respond to emergency work and be on site within two hours of notice of the emergency and initiate the street sweeping and roadway cleaning until it is satisfactorily completed. Emergency work shall be paid in accordance with the Bid Proposal on a time and materials basis including all labor, equipment and materials and no additional cost Will be allowed therefore.
10. PREVAILING WAGES
The selected company/Contractor shall enter into the City's Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement which includes the following provision regarding Prevailing Wages: "Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, etseq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the 1404157.1
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Packet Pg. 168 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Prevailing Wage Laws). lt is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement." Work or services that are considered to be cleaning, custodial, and janitorial in nature are not Public Works as defined in the State of California Labor Code, therefore such work or services shall not be subject to compliance monitoring and enforcement by the Department of lndustrial Relations (DlR). However, as may be applicable, it is the Bidders' sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project.
11. ANTI-KICKBACK AND WORK STANDARDS
The Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. ,327-330) as supplemented by the Department of Labor Regulations (29 CFR, Part 5). Section 103 requires the Contractor to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and the standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than one and one half (1-112) times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor.
12, EMERGENCY NUMBERS
The Company/Contractor shall furnish the City with toll-free emergency telephone numbers which can be called 24-hours a day during emergency conditions. The Contractor shall make available personnel to respond to calls to alleviate emergency situations should they arise. Personnel shall be at the site of the emergency and shall initiate remedial action within two (2) hours from time of notification of emergency situations. An answering service is not adequate for emergency calls.
13. LICENSES
The Contractor shall have and maintain a State of California Contractor's License as appropriate for the work for the duration of these services. Additionally, Contractor shall 1404157.1
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Packet Pg. 169 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street have and maintain additional licenses as required by any governmental regulation for any other regulated work. There is no City Business License requirement. 14, DRESS CODE AND APPEARANCE
The Company/Contractor shall be required to provide uniforms for personnel assigned to the Project, meeting the City's approval. Sufficient clothing changes shall be provided to personnel to always present a neat and clean appearance of the street sweeping and roadway cleaning maintenance personnel at all times. All employees working in or around right-of-way must wear reflective safety vests meeting ANSI/ISEA 107-2015 Class ll Standards and, as appropriate, safety helmets, safety goggles, and other safety gear.
15. INTERACTION WITH PUBLIC
All of the personnel shall exhibit and practice courteous and ethical behavior during all times of the Agreement and during all interactions with the public to the City's satisfaction.
All personnel shall be capable of basic communication skills in the English language. Any personnel deemed not meeting the City's standards shall be promptly removed from the Project.
16. THE CITY'S RIGHT TO DO WORK
The City reserves the right to do work as required within any area subject to street sweeping and roadway cleaning. lf such alterations affect the provision of the Agreement, the Contractor shall submit a cost reduction to the Agreement resulting from the new work.
17. CITY LIAISON
The City representative and the Contractor's Supervisor will meet on a monthly basis, or more frequently if the City so desires. The purpose of this meeting will be to discuss general and specific status of street sweeping and roadway cleaning maintenance.
18. SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the Special Provisions in Appendix ll. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do allthe work involved in executing the Agreement.
19. COMMUNI CATIONS
ln addition to emergency telephone access and regularly scheduled meetings, Contractor shall maintain standard office contact methods including telephone, facsimile machine, and U.S. mail. Contractor shall maintain and utilize an email account specific to the City of Laguna Hills. Email shall be the routine communication media for submission of documents, requests, task orders, reports, etc.
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Packet Pg. 170 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
20. SCHEDULING OF OPERATIONS/HOLIDAYS
The Contractor shall perform its work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. The Contractor shall submit.a Street Sweeping Schedule Chart describing maintenance operations and when work will be accomplished. The schedule shall be subject to approval and change by the City and shall be submitted prior to starting any maintenance operations.
21. REPORTS AND SCHEDULES
The Contractor, as part of the Agreement, shall submit reports and schedules on a monthly basis as a pre-requisite for the submission of the Contractor's monthly request for compensation. Such reports shall include, but are not limited to, the following:
The results of monthly street sweeping and roadway cleaning and any recommendations to resolve areas not able to be swept as scheduled.
Reports of work planned in the next 30-day period
Any proposals in response to City issued requests.
Any emergency work response in the previous 30-day period.
22. SUPERVISION AND SPECIAL SKILLS
The Contractor shall assign a supervisor of street sweeping operators to assure performance of the specified routine monthly street sweeping and roadway cleaning maintenance services are completed in accordance with these specifications. All street sweeping operators shall be licensed to operate their vehicles and certified, as applicable, in their respective qualifications by an independent agency sufficient to competently perform their work.
23. PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above ground and underground on the City's property. Any damage to City property deemed by City to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City.
24. CONTRACTOR NEGLECT
Any damage to City or private property which has been determined by the City to be due to the Contractor's neglect or actions, shall be corrected by the Contractor at no additional cost to the City.
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Packet Pg. 171 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
25. SAFETY
Contractor shall be solely responsible for providing a safe work place, and compliance with standards and regulations of the Federal Occupational Safety and Health Act (OSHA), California Division of lndustrial Safe$ Orders (CDIS), and any other applicable governmental law.
26, CONSTRUCTION EQUIPMENT
The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by City to be in disrepair or unsatisfactory, shall be repaired or replaced immediately.
27. TRAFFIC CONTROL
The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
28. NOISE CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract. Operations and equipment producing noise are restricted to the hours of 7:00 a.m. to 4:00 p.m. lt is the responsibility of the Contractor to become familiar with all local sound control and noise level rules, regulations, and ordinances. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the Project without said muffler.
29. WATER QUALITY AND CONSERVATION
Contractor shall be familiar with and comply with all provisions of the National Pollution Discharge Elimination System as implemented by City and via permits issued by the Santa Ana or San Diego RegionalWater Quality Control Boards. Contractor shall comply with Stormwater Best Management Practices.
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Packet Pg. 172 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
BID PROPOSAL FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES
PROPOSAL SUBMISS ION REOUIREMENTS
Bidder shall submit the following documents as a part of the submission of the Bid Proposal A cover letter on Company stationery including the following:
a) An expressed statement of interest in providing services to City for the Project
b) A statement expressing that the Company will provide the full Scope of Services described in the Notice lnviting Bids and Specifications c) A statement of the Company expressing its willingness and ability to sign and comply with the Sample Draft Citywide Street Sweeping and Roadway C lea n in g Maintenance Se rvices Ag reement
d) A brief statement of the Company's experience which-makes them qualified for the Project.
2. Up to ten additionalsheets of information identifying a) The qualifications of the Company
b) The qualifications of the management staff
c) Brief biographies/r6sum6s of key personnel
d) Letters of Recommendation from current or former clients e) Company experience with similar services provided to public agencies
3. A statement and documentation of the Company's financial condition A proposed Schedule of Performance.
An inventory of the Bidder's equipment (excluding hand tools) Any additional information the Bidder would like considered for determination of the Best Qualified Vendor.
7. All the following Bid Proposal pages
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Packet Pg. 173 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street BIDDER'S NAMtr
CITY OF LAGUNA HILLS
BID PROPOSAL FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES TO CITY OF LAGUNA HILLS:
The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice lnviting Bids, Specifications, and Maintenance Services Agreement therefore, and to perform allwork in the manner and time prescribed therein.
CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice lnviting Bids, Specifications, and Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement. lf this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.
CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. lt is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
CONTRACTOR 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 workman's compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
CONTRACTOR declares that the only persons or parties interested in this proposalas principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
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Packet Pg. 174 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street CONTRACTOR acknowledges that it is the City's intention to award a Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement for a period commencing on July 1, 2021.
CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed on an annual basis during the term of this Project, that the work shall only be performed on an as-needed, on-call individual Task Order basis only and no quantity of work or payment to Contractor is guaranteed to be authorized or granted by the City.
CONTRACTOR'S NAME DATE 2021
CONTRACTOR'S ADDRESS
BY
TITLE
(Signature)
PHONE BY
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
Continued next page
TITL tr
(Signature)
I
I
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Packet Pg. 175 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CONTRACTOR'S I N FORMATION
CONTRACTOR certifies that the following information is true and correct:
Contractor Name
Business Address
FAX No. ( ) Telephone [_)
E-Mail add
State Contractor's License No. and Class
Original Date lssued_Expirati on Date
Years this Company has been in the Maintenance Business The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
BY
(Print Name)
(Signature)
TITLE
DATE
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Packet Pg. 176 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
BIDDER'S NAME
REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for maintenance services:
1. Agency:
Address
Telephone:
Primary Contact Person/Title
Years of service with this Agency: Type of Work
Term of Agreement: Expiration Date
2. Agency:
Address:
Telephone
Primary Contact Person/Title
Years of service with this Agency: Type of Work:
Term of Agreement: Expiration Date
3. Agency:
Address
Telephone
Primary Contact Personffitle:
Years of service with this Agency: Type of Work:
Term of Agreement: Expiration Date
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Packet Pg. 177 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
BIDDER'S NAME
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR AND
SUBMITTED WITH BID
STATE OF CALIFORNIA
COUNTY OF
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed ^:"l""ffi:lfl;?n: person, partnership, company, Contractor association, organization, or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the bid price, or of that of any other, 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 Contractor 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof to effectuate a collusive or sham bid.
Signed
Name (print)
Title
Date
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
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)
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Packet Pg. 178 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
BIDDER'S
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES
BASE BID
TOTAL BASE BID IN FIGURES:
TOTAL BASE BID IN WORDS:
AND CENTS
Quantities shown above are estimated. Actual Quantities shall be verified by the City inspector and may be greater or less than the quantities indicated here. The determination of the lowest price bid shall be on the basis of comparison of the Total Base Bid value.
ADDITIONAL SERVICES BID AS NEEDED
ITEM
NO. ITEM UNIT UNIT PRICE
8 Hourly Rate for Special Street
Sweeping
Hourly
I Hourly Rate for Emergency Street
Sweepinq
Hourly
10 Bus Stop Cleaning (Select locations
on a quarterly basis or as directed)
Each
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$
ITEM
NO. ITEM UNIT QTY UNIT
PRICE
AMOUNT
I Arterial Highway and Collector Street
Weeklv Street Sweepinq per Year
Curb mile 4524
r87x52],
2 Residential Street Twice Monthly Street
Sweepino oer Year
Curb mile 3024
(126x24)
3 Monthly Bike Trail Street Sweeping per
Year
Monthly 12
4 Monthly Sidewalk, Stairway, Fire Gate
Cleaning per Year
Monthly 12
5 Monthly Community Center Parking Lot
Street Sweeping per Year (3 lots)
Monthly 12
6 Monthly Cabot Park Parking Lot Street
Seepins per Year (1 lot)
Monthly 12
7 Quarterly two-way left turn Street
Sweeping
Quarterly 4
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Packet Pg. 179 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
BIDDER'S NAME
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES
EQUIPMENT INVENTORY
Contractor shall provide, as a separate attachment, the model, make and year of the primary equipment proposed to be used on this Project. Do not list hand tools.
BMISSION STATEMEN
lN WITNESS WHEREOF, Contractor executes and submits this proposalwith the names, titles, hands, and seals of all forenamed principals this _day of 2021 NOTE: CONTRACTOR MAY, AT THEIR SOLE DISCRETION, PROVIDE A LISTING AND
DESCRIPTION OF ADDITIONAL SERVICES THEY OFFER, ADDITIONAL REFERENCES,
AND ADDITIONAL COMPANY INFORMATION DESCRIBING THEIR UNIQUE
QUALIFICATIONS TO AID THE CITY IN DETERMING THE BEST QUALIFIED VENDOR BY ATTACHING UP TO 1O ADDITIONAL PAGES TO THIS BID PROPOSAL. CITY MAY UTILIZE THIS INFORMATION IN ITS EVALUATION OF THE 'BEST QUALIFIED VENDOR" IN ACCORDANCE WITH LHMC 3-08.090 and 3-080.100.
CONTRACTOR NAME
Print
Signature
Title
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
By
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Packet Pg. 180 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
SCOPE OF WORK
CITYWIDE STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES
SCOPE OF WORK
Section A - Objectives
Primary objectives of the street sweeping and roadway cleaning maintenance program are to Establish and adhere to a regular schedule of performance for the twice monthly sweeping of approximately 126 curb miles of residential streets, weekly sweeping of 87 curb miles of arterial highways and collector streets, including median curbs, monthly cleaning of specified sidewalks, stainuay, bike paths, and parking lots and quarterly sweeping of specified two-way left turn lanes. The Contractor and the City will conduct mileage verification as needed and the Contractor will be compensated for the actual curb mileage swept. Contractor to provide City access to live and stored data of GIS tracking of sweep vehicles as further defined herein.
Clean up to 10 Bus Stop locations on a quarterly or assigned basis to include up to 40 linear feet of sidewalk at each bus stop, up to two bus benches, up to two trash receptacles and shelter structures, if any. Service will consist of pressure washing the above described facilities and the immediate surrounding area to remove all stains, graffiti, debris, and litter. Service does not include emptying the trash receptacles. All water utilized in pressure washing shall be recaptured and disposed of properly. All services shall occur between 10:00 pm and 6:00 am and be completed by 6:00 AM on the day scheduled.
a
a
Maintain gutter flow lines in streets free of debris for free flow of water.
Maintain a state of cleanliness for road and pedestrian safety acceptable to the City Meet California Air Resources Board Truck Compliance Requirements and those of the Air Quality Management District (AOMD) in effect as of the date of this procurement.
Meet San Diego RegionalWater Quality Control Board (SDRWQCB) and the Santa Ana RegionalWater Quality Control Board (SARWOCB) MS4 Permit requirements to reduce pollutants. The City utilizes street sweeping as a method of preventing urban pollutants (i.e. sediment, trash, debris, leaves) from entering the City's Storm Drain System and the Contractor's performance is an integral part of meeting this requirement. a Monthly reporting of debris type and quantity removals Section B - Definitions
a
a
a
a
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Packet Pg. 181 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street '1. Definition of Terms
a. AgreemenUContract
"Agreement" and "Contract" are used interchangeably and shall mean the Sample Draft Citywide Street Sweeping and Roadway Cleaning Maintenance Services Agreement, subject to change upon final, attached hereto and incorporated herein as Appendix L b. City
"City" or "Agency" shall mean the City of Laguna Hills, California, its officers, employees, or representatives. The Director of Public Services shall serve as the primary point of contact on behalf of the City.
c. Contractor
"Contractor" shall mean the bidder, person, company, corporation, vendor or partnership, its officers, employees or representatives performing Street Sweeping Maintenance Services under contract with the City.
d. Curb Mib
"Curb Mile" shall equal 5,280 feet, by length, and is the measurement used to determine compensation under this contract for street sweeping. Compensation Curb Mile value shall be rounded to the nearest whole mile.
e. Debris
"Debris" shall mean all litter, rubbish, leaves, sand, dirt, silt, garbage, obstructions, and all other foreign material to be removed from paved streets with a street sweeper. f. May
"May" shall be permissive.
g. Shall
"Shall" shall be mandatory.
h. Streets
"Streets" shall mean all paved, dedicated public rights-of-way within the existing or future corporate limits of the City of Laguna Hills.
i. Street Sweeping
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Packet Pg. 182 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street "street Sweeping" shall mean the regularly scheduled removal, by combination vacuum/broom street sweepers, of all debris from all portions of listed City streets, including but not limited to street intersections, the areas adjacent to curbs and raised medians, leftturn pockets between painted center striped medians of arterial'streets, bullnoses, dead spots and cross-gutters, sidewalks, fire gates, stairways, bike paths and park parking lots.
Note that specified two-way left turn lanes shall be cleaned by street sweeper on a quarterly basis. Some locations may require curb-to-curb sweeping which shall be included in the same curb mile price for the parallel roadway curb length. j. Sweepings
"Sweepings" shall mean all debris removed from streets, by street sweeping vehicles, equipment, and tools
2. Term
The lnitial Term of this Agreement shall be in effect from July 1 ,2021, through June 30, 2026, as more particularly defined in the Agreement.
3. Services Requested
Services shall include furnishing all labor, equipment, tools, fuel, materials, insurance, supervision, disposal costs, reporting costs, and all other items incidentalthereto and to perform all work necessary as specified for Street Sweeping and Roadway Cleaning Maintenance Services. Contractor shall provide his own yard for parking, maintenance, and storage of all equipment outside the City of Laguna Hills.
4. Water
Contractor shall furnish all water required for performance of the specifications by first making arrangements with the various governing water districts and shall pay all fees and comply with all requirements thereof. Contractor acknowledges that allsweepers are equipped with, and all drivers instructed in, the proper use of approved hydrant wrenches and anti-surge/eddy valves. ln the event Contractor encounters an inoperable or "dead" fire hydrant, Contractor shall report hydrant's conditions and location to the governing water district with twenty-four (24) hours.
5. Routine/Scheduled Sweeping and Cleaning
The regular, recurring sweeping of all arterial, collector, and residential streets on the current mileage inventory. Street sweeping of all streets shall be done in accordance with the Street Sweeping Schedule and Maps in Appendix ll. Sweeping shall be performed weekly on arterial highways and specified collector streets (Monday through Friday) and bi-monthly on local streets as defined by City (Monday through Friday). Local street sweeping shallfollow the waste (trash) pick-up schedule by one day, shall be on consistent scheduled days each month during the second and fourth week of every month, and shall not occur before 8:00 a.m. Arterial highway and specified collector sweeping may occur in the early morning hours except when noise t40415'1.1
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Packet Pg. 183 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street complaints require a later start time or as otherwise referenced in Appendix ll. Contractor shall adjust start times of sweeping as directed without a change in compensation. No sweeping shall occur during peak traffic hours of 6:00 AM to 9:00 AM or 4:00 PM to 7:00 PM.
Streets designated by City as "no parking during sweeping hours" shall be swept by Contractor during routine/scheduled sweeping within the specified and posted No Parking four hour block of time. Sweeping of these streets shall be initiated by Contractor within two hours of the beginning of the specified and posted No Parking hours and shall be fully completed before the end of said hours.
Street Sweeping and Cleaning includes, but is not limited to, as designated sidewalk cleaning, stairway cleaning, fire gate cleaning, bike trail cleaning, dead spot cleaning, park parking lot cleaning and related cleaning of sites so designated in Appendix ll. Light duty street sweepers shall be necessary for some of these locations to avoid pavement damages that can occur with street based street sweepers.
6. Special Sweeping
Occasional sweeping required by Contractor shall include add-on scheduled and non-scheduled street sweeping of special events, spills, and unusual conditions or any other sweeping requested by the City not included in routine/scheduled sweeping. Special sweeping occurs during the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. lnvoicing for special sweeping shall be based upon an hourly rate with travel time included to and from nearest sweeper's location in accordance with the approved fee schedule and no additional compensation will be allowed therefore. The street sweeper shall temporarily postpone scheduled sweeping and respond immediately to the location of Special Sweeping as designated. Contractor's response time shall not exceed two (2) hours once contact has been made to Contractor's office or field personnel by City staff. Scheduled sweeping will resume once Special Sweeping has been completed. Contractor will contact City personnel when Special Sweeping has been completed so location may be inspected and verified for cleanliness.
7. Emergency Sweeping
Occasional sweeping required by Contractor to include non-hazardous spills, accident cleanups, and unusual conditions which would require non-scheduled, after-hours, weekend, or holiday responses. Responses to City-requested field location emergency sweeping shall be within two (2) hours of notification by City. Contractor shall provide City with name and toll-free telephone number of contact persons for after-hours emergency sweeping. Emergency sweeping is between the hours of 5:00 p.m. and 8:00 a.m. weekdays or anytime on weekends/holidays. lnvoicing for emergency sweeping is based on an hourly rate with travel time included to and from nearest sweeper's location in accordance with the approved fee schedule and no additional compensation will be allowed therefore. a. Response to Emergency Services
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Packet Pg. 184 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Contractor shall return a call, in response to contact, to City or Orange County Sheriff's Dispatch (whichever initiated contact for emergency response) within fifteen (15) minutes of notification in order to receive instructions.
b. Emergency Response Time
Contractor shall have manpower, equipment, and materials at designated location within two (2) hours from the time of work need notification. By submitting a Bid Proposal, the Contractor commits to being able to provide manpower and equipment on Saturdays, Sundays, holidays, and overtime, when requested.
8. Re-sweeping
Re-sweepings are those required of the Contractor when, after inspection by the City, the work effort is deemed to not have met the stated performance standards, or when a street or section has been missed during the routine/scheduled street sweeping. Re-sweepings are completed at the expense of the Contractor. Contractor shall notify City representative when re-sweepings are scheduled and upon completion. No additional compensation will be allowed for the cost of re-sweeping.
a. Response to re-sweepings shall be within twenty-four (24) hours after being notified by City representative.
b. High profile and safety-related residential re-sweepings, as solely determined by City, shall be completed prior to 4:30 p.m. the same day Contractor was notified by City representative.
c. Arterial re-sweeps shall be completed prior to 7:00 a.m. the following day after contact by City representative. High profile and safety-related arterial re-sweeping, as solely determined by City, shall be completed prior to 4:30 p.m. the same day Contractor was notified by City representative. Evening sweeping may be permitted at the sole discretion of the City.
Section C - Standards of Performance
1. Sweeping Practices and Standards of Performance
a. Areas of Street
Areas of street to be cleaned by sweeping shall include curb lines along both sides of the roadway or to the edge of pavement where no curb exists, along all curbs on raised median islands, over all portions of painted median islands, painted left- and right-turn pockets, and all intersection cross-gutters. Noses or ends of curbed median islands, arterial intersection turn pockets, arterial intersection center areas and dead spots are to be maintained on the same frequency as the median island or intersection for which they are associated and included in the curb mile price for the parallel roadway section. Curb returns (radii) at intersections of arterial and residential streets will be swept along their entire length and be 1404157.1
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Packet Pg. 185 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street free of debris on scheduled arterial sweeping days. Excluded from areas to be swept are those that would cause damage to the equipment used. While Contractor is normally responsible for the 8' strip (sweeper width), curb-to-curb sweeping, an additional width of street may need to be swept at some locations due to unforeseen circumstances and shall be included within the curb mile price.
b. Flow of Traffic
Sweeping shall be accomplished in the same direction as traffic flow at all times during sweeping.
c. Water
Water shall be used during all sweeping operations to minimize dust except when requested by City staff. Water costs shall be borne by the Contractor. Contractor shall demonstrate approval from the governing water district allowing access to the water supply. d. Warning Devices
Vehicles shall be equipped with top-mounted warning lights (rotating or beacon) visible for 360' or comparable traffic safety lights when sweeping. A rear-mounted lefUright arrow stick shall be required for all arterial and bike lane sweepers. e. Sweeping Speed Performance
Sweeping speed shall be adjusted to street and debris condition with a maximum speed of eight miles per hour (8 mph). City streets swept while driver exceeds eight miles per (8 mph) will be re-swept in their entirety at Contractor's expense.
Contractor shall not allow any debris to enter storm drain inlets (catch basins) as a result of any of their operations. At the location of Ci$ catch basins that are equipped with debris shields, grates, or gates, the sweeping operation shall pause by reducing speed to one mile per hour (1 mph) to pick up all collected debris in front of and entwined within the debris shields, grates, or gates.
Contractor's drivers of street sweepers shall maintain good safety and driving records, use extreme caution during street sweeping and always yield to the public. f. Extra Effort
Sweeping shall normally consist of a single pass over an area. However, the Contractor shall make additional passes or such extra effort as may be required to adequately clean the street. Heavy debris such as accumulations of silt, compacted dirt, leaves, and similar debris shall be removed unless the removal cannot be accomplished without damage to equipment or infliction of personal injury. Extra effort will be required when sweeping equipment leaves a dirUsilt smear in its swept pathway. Extra effort will be strictly enforced during and after windy conditions and stormy weather. Extra effort shall include the driver manually removing 140415'7.l
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Packet Pg. 186 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street the debris with shovel or other implement as may be necessary. The cost for any extra effort shall be included in the bid proposal cost per curb mile. g. Obstructions
Non-swept or non-sweepable items such as tree limbs, palm fronds, or large quantities of rocks, silt, mud, trash, and debris shall be removed from the sweeping path by the sweeping operator rather than going around it. Larger obstructions such as impaired vertical and/or horizontal clearance by low hanging tree limbs, construction or landscape contractor debris, etc. shall be immediately reported to City when the location cannot be swept. Contractor may go around homeowner landscaping debris or construction debris only when all of the following conditions are met.
1) Source of debris is obvious and not natural accumulation. Debris should be " bagged and/or disposed of by party responsible.
2) Contractor notifies City within twenty-four QQ hours. Contractor is not responsible for areas missed because of parked vehicles and other personal property.
h. Level of Cleanliness
Contractor shall remove all loose debris obstructions and material normally picked up and removable by a fully operational mechanical/vacuum street sweeper. This includes, but is not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, and litter. Debris swept onto residentiafand art-erial driveway aprons, sidewalks, and access ramps by action of the sweeper will require additional passes by the sweeper operator. lf debris cannot be re-swept, the driver/sweeping contractor will be responsible for manual clean-up. Clean-up will be completed at time of occurrence at Contractor's expense. t. Notification of Non-Sweeping
Contractor shall provide City representative on a daily basis (when applicable) with a list of all streets not swept when the routine/scheduled sweeping schedule is interrupted for any reason and shall deduct said street from the sweeping billing for that day. Contractor shall provide a list of non-sweepable streets to the City by FAX to (949) 707-2633 or via email, as directed, at the end of the workday. The City shall notify the Contractor by phone of anticipated non-sweeping conditions due to inclement weather. The City's notification shall be made by 3:00 pm the day before the cancelled sweeping day and that non-sweep day will not be paid for by the City unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to the City for approval.
j. Quality of Sweeping
Street sweeper shall leave designated areas of sweeping free of dirt, litter, debris, obstructions, smears, and visual dust in accordance to the City's standards of cleanliness. t404t57 1
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Packet Pg. 187 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Section D - Equipment
1. Equipment Requirements
The quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein within the hours of work specified herein, and an absolute minimum of two (2) primary sweepers and one (1) back-up sweeper shall be available. Primary sweepers shall be a combination vacuum/broom function within the same unit. The back-up sweeper shall be mobile or vacuum/broom equivalent and shall be made available in case of a breakdown of primary sweepers. A total of at least three (3) sweepers shall be available to perform street sweeping services. Equipment shall be identified in the Bid Proposal where indicated.
Combination vacuum/broom or vacuum type sweepers shall be used for the routine/scheduled sweeping of residentialstreets and arterial streets. All sweeping equipment used by Contractor for the City shall have the same curb mile cost. All equipment used by Contractor for the City shall meet City requirements and specifications. Contractor shall provide effective pollutant and/or debris removal (i.e. sediment, trash, leaves, debris, metals, oil, and grease). All equipment shall be kept in "like-new" condition. The primary sweeper shall be no more than three (3) years old at the beginning of the contract and all other sweeper equipment shall not be more than five (5) years old at the beginning of this contract. All equipment used shall be in compliance with requirements for Trucks as promulgated by the California Air Resources Board and the South Coast Air Quality Management District in addition to any other State and Federal Regulations in effect as of the date of this procurement.
Equipment used to clean specified sidewalks, bike paths, and parking lots shall be a combination of air blowers to clean areas not readily accessible by vehicles plus light duty sweepers meeting all regulations and specifications included herein and that will not unduly load the pavement surfaces causing distress and damage. Contractor shall bear all costs for the repair of damages to pavements and facilities resultant from their operations. Hand carried backpack air blowers shall be utilized to transport sidewalk and bike trail debris to the curb line ahead of and for pick up by the vacuum/broom sweeper equipment. Battery operated backpack air blowers are encouraged. Areas of parking lots not reachable by the sweeper equipment shall first be blown clean by use of the hand carried backpack air blowers, as needed. Backpack air blowers shall be muffled to reduce ambient noise to the maximum extent possible.
2. Recording of Debris/Recording of Operations
All debris collected by sweeping equipment shall be recorded on a daily basis. All sweeping equipment and vehicles shall be equipped with GPS tracking devices. The GPS tracking system must be capable of recording the date and time, speed, operationalstatus of the vacuum, broom and sprayer at intervals of no more than every three minutes while operating within City limits.
The contractor shall provide the City with instant access to live GPS tracking and stored data.
The GPS data shall be stored for no less than ninety days and be available to City during that 1404157 1
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Packet Pg. 188 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street time. On a monthly basis, Contractor shall provide documentation of each sweeper equipment operations including streets swept, curb miles swept, speed while sweeping, quantity of debris collected, operator name, gallons of water used, locations that sweeping did not occur, and receipts for diversion of the waste. Monthly payment to the Contractor will be withheld until submission of this data in a form satisfactory to City is received.
3. Equipment ldentification
All vehicles shall have'safety features, shall be painted a uniform color, shall bear the City of Laguna Hills seal as provided by the City, and shall bear legible letters stating the Contractor's name and the following wording on both cab doors:
"Contracted to serve the City of Laguna Hills"
"l nformation (9a9) 7 07 -2650'
The City seal shall only be displayed when the sweeper is physically within the City boundaries of the City of Laguna Hills. The City will provide magnetic backed seals, two each per vehicle, for this purpose at no charge. However, any seals lost by Contractor for any reason will be replaced at a cost to the Contractor of $100.00 per seal, deducted from monthly payments. City seals faded shall be replaced at no cost and all seals shall be returned at the termination of this Agreement.
4. Type and Capacity
Arterial and residential sweepers must be capable of sweeping a minimum eight-foot (8') width as measured from the outside edge of the gutter broom in a single pass along the curb. Street sweepers must have a minimum hopper capacity of three (3) cubic yards. At least one sweeper must be equipped with a left-gutter broom for median work; all others may be single or dual gutter broom machines. Contractor is required to utilize vacuum/regenerative air or combination vacuum/broom (BAH) type municipal sweepers for this Contract. Alternative street sweepers will be considered if capable of meeting City requirements and standards. The type used in specific areas will be at the discretion of the City providing performance standards are met. The City maintains final determination of equipment adequacy. Sweeper equipment operators shall wear protective clothing, equipment, and an orange safety vest at all times meeting the standards of ANSI/SEI107-2015 Class ll.
Equipment used to clean specified sidewalks, bike paths, and parking lots shallbe a combination of air blowers to clean areas not readily accessible by vehicles plus light duty sweepers meeting all regulations included herein and that will not unduly load the pavement surfaces causing distress and damage. Contractor shall bear all costs for the repair of damages to pavements and facilities resultant from their operations.
5. Maintenance
Equipment shall be maintained both visually and operationally. Paint and body of street sweeper shall be maintained in good condition with no visible rust or body damage. Vehicle engines shall t404157.l
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Packet Pg. 189 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street be routinely maintained as to insure a high level of service during all sweeping operations and must comply with all State of California Department of Motor Vehicles, CAL-OSHA, and all other applicable codes of Federal, State, County and City.
Section E - Schedule
1. Scheduling Requirements
Contractor shall follow the sweeping schedule of residential and arterial streets as provided by City. See Appendix ll. Subject to City approval, the Contractor shall arrange residential sweeping routes to sweep areas adjacent to elementary schools during times of least traffic and parked vehicles. Contractor shall conform to sweeping schedules as noted on maps and logs pre-approved by the City. No changes in sweeping schedules will be allowed without the approval of the City. Contractor shall complete all sweeping per schedule; mechanical failures or personnel shortage shall not be acceptable reasons for failure to comply. See Section B, paragraphs 5, 6, and 7 for additional requirements.
2. Hours and Days
All sweeping is to be done Monday through Friday except on City-observed holidays and holidays observed by the City's franchised waste hauler. Some Saturday sweeping shall be required by Contractor for areas not swept due to holidays observed by the City and/or the City's franchised waste hauler. Saturday street sweeping shall be billed at the regular curb mile cost for arterial and residential areas without additional compensation. a. Street sweeping of residential streets shall occur on a twice per month basis Monday through Friday, 7:30 a.m. to 5:30 p.m. in accordance with the City's street sweeping maps and logs. Regardless of these hours, streets (residential or arterial) with posted "No Parking during hours and days of Street Sweeping" shall be swept within the four-hour time block allowed on the signs.
b. Residential street sweeping shall be performed one (1) day after trash collection day. lf a City-recognized holiday falls within the Monday to Friday schedule, the regular schedule shall resume the day following the holiday with the fifth day of sweeping on the Saturday following the holiday. Streets posted with no parking signs for street sweeping shall be swept on the posted day unless it falls on a Cityrecognized holiday. c. Street sweeping for arterial streets shall occur on a weekly basis Monday through Friday, 8:00 p.m. to 6:00 a.m. in accordance with the City's street sweeping schedule maps and logs. lf a City-recognized holiday falls within the Monday to Friday schedule, the regular schedule shall resume the day following the holiday with the fifth (sth) day of sweeping on the Saturday following the holiday at no additional cost.
1404t57 I
SP-10
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Packet Pg. 190 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street d. Contractor shall respond to after-hour emergencies within one (1) hour of contact by City personnel. Contractor will provide telephone number(s) of contact personnel for after-hour emergencies between 5:00 p.m. and 8:00 a.m. and maintain an emergency call-out list. All changes to the emergency call-out list shall be submitted to the City immediately.
e. All extra non-scheduled residential and non-scheduled arterial street sweeping work shall be performed in accordance with Section 4-6 "Special Street-sweeping" and Section A-7 "Emergency Sweeping".
f. Streets with certain residential areas or adjacent to apartments, condominiums or other areas where all-night street parking is prevalent shall be swept after 9:00 a.m g. Bike trail, sidewalk, stainrvay and fire gate shall be swept after 9:00 am h. Sweeping of the Community Center Park parking lots shall be completed before 8:00 a.m.
i. Sweepin of Cabot Park parking lot shall be swept between 7:00 a.m. and 9:00 a.m j. Bus stops sh6ll be cleaned after 7:00 p.m.
3. lnclement Weather/Holiday/Cancelled Sweeping
Routine/scheduled sweeping shall not be canceled for inclement weather by the Contractor without approval of the Director of Public Services or his designee. During inclement weather, a two-hour standby period between 7:00 a.m. and 9:00 a.m. will be observed before a scheduled residential sweep will be canceled. The City reserves the right to suspend street sweeping functions on a day-to-day basis. The City will communicate via phone or email the specific street locations throughout the day of locations where debris needs to be removed. This effort shall not affect the routine/scheduled sweeping.
During a holiday that interrupts the normal waste (trash) pick-up as established by the City's franchised waste hauler, Contractor shall coordinate with the waste hauler (currently CR&R, P.O. Box 1100, San Juan Capistrano, CA 92693, (949) 728-0446) to adjust the routine/scheduled sweeping schedule to a holiday schedule of one day after the waste pick-up day for the entire week affected, except, should the sweeping day then fall on a Sunday, the sweeping will be added to the immediately following Monday sweeping schedule. ln the case of cancelled or missed sweeping for any reason, including as directed by City due to construction projects or special events, Contractor shall credit City the pro-rata cost of that service not provided on the next monthly billing by reducing the monthly billing.
Section F - Disposal
1. Disposal of Debris
t404151.l
SP-11
4.7.b
Packet Pg. 191 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Contractor shall dispose of all material collected by his sweeping operations by hauling to the closest Material Recovery Facility (MRF)/Green Waste Diversion Facility. The cost of disposal shall be included in the bid proposal cost per curb mile. A report of all material collected shall be submitted monthly to the City. The report should include, but not be limited to, the following:
hauler name, contact phone number, MRF name, material type (if more than one material type, list each material type on a separate line), tons collected per month, tons diverted, and tons disposed. A total breakdown (in tons) shall be provided to the City for each Fiscal Year (July 1 through June 30) for each of the following materials:
. Soil
o Leaves
r Trash/Debris
. Other
Section G - Inspections
1. lnspections and Handling of Deficiencies
lnspections will be performed by City on a regular basis as well as spot checks and in response to complaints. Contractor shall meet monthly, within the maintained areas, with an authorized representative of the City for a drive through inspection. Said meeting shall be at the convenience of the City and may include residents of the community. ln addition, drive-through interim inspections may be required by the City. Any correction work required as a result of a monthly inspection or any interim inspection by the City shall be accomplished to the satisfaction of the City within 24 hours of the notification of the deficiencies.
2. Complaints
The City shall receive and process citizen service requests and complaints. City will notify Contractorof corrections and any re-sweeping required following complaints. Citizen complaints will be forwarded to the Contractor and the frequency of such complaints will be noted in any subsequent unsatisfactory reports which may be filed against the Contractor. ln the event that the results of a sweeping are considered unsatisfactory, City will notify Contractor of location and description of deficiency. The Contractor shall re-sweep the unsatisfactory area at its expense within the time limits specified in Section B, Paragraph 8.
3. Failure to Perform
The City reseryes the right to withhold payment for missed, incomplete, or unsatisfactory sweeping performance. This clause may also be used to enforce transfer site cleanup/maintenance, slow Contractor response time, and delays in special and emergency sweeping response.
4. Public Convenience and Safety
t404157.1
SP-12
4.7.b
Packet Pg. 192 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street Contractor shall conduct sweeping services to interfere as little as possible with public travel, whether vehicular or pedestrian, and shall obey all traffic regulations and the California Vehicle Code. Contractor operations shall always yield to public traffic. Whenever it is necessary to cross, obstruct, or close roads, driveways and walks, whether public or private, Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them.
5. Traffic Counters
The Contractor is cautioned that, at various times and locations, the City or other parties may install temporary portable traffic counting equipment of the type which is activated by rubber hoses placed across the roadway. Contractor shall not damage this equipment and shall bear the full cost of any replacement costs, if so damaged.
Section H - Chanqes
1. Changes
The City may at any time, by written order, direct that changes or extras be made in the scope, specifications or route schedule.
2. Additions/Deletions in Mileage
Additions and/or deletions to the mileage inventory or maps may be made as the City accepts new areas and/or relinquishes areas currently swept. Upon written notification to add/delete, Contractor shall be required to accurately measure the curb mileage/linear footage and submit a written detail of the addition/deletion for approval. Upon approval, a written change order will be issued stating the effective date of the change as more particularly defined in the Agreement.
3. Precedent
ln case of conflict between this document, including but not limited to, Specifications, Requirements, Scope of Work, Agreement, the Agreement shall take precedence as more particularly defined therein.
Section I - Communications
1. Communications
Contractor shall maintain an office staff reachable by phone within the 949, or toll free area codes, from 7:00 a.m. to 5:00 p.m., Monday through Friday, except on legal holidays. Office staff shall have the capability of contacting sweepers and pickup equipment by two-way radio or equivalent. Contractor shall provide the City with contact personnel and telephone numbers, where designated staff can be reached during non-office hours within fifteen (15) minutes of call t40415'7 1
SP-13
4.7.b
Packet Pg. 193 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street origination (5:00 p.m. to 7:00 a.m.) to be used in emergency/after-hour call-outs as specified in Section B, 6. Special Sweeping and Section B, 7. Emergency Sweeping.
Section J - nensation
1. Compensation
Payment will be made monthly on the basis of road curb miles swept times the amount proposed per curb line mile for each category of road swept plus the monthly cleaning services identified in the Bid Proposal as further and more particularly defined in the Agreement.
For all of the services which the Contractor is obligated to perform under the terms of the Agreement, the City shall pay to the Contractor once each month a sum equal to the amount specified in the Bid Proposal, or as amended by any subsequent adjustments thereto and provided hereinafter. The Contractor shall submit a detailed invoice. The detailed invoice shall consist of the dates of service and the type of service performed per the Bid Proposal. The contractor shall include a detailed schedule for the following month with the invoice. The City reserves the right to withhold payment until all of the above criteria are met. City, upon receipt and approval of an accepted invoice, will make payment within 30 days of receipt of invoice. a. Method of Payment for Extra Work
The Contractor shall present to the City an itemized list of all extra work on a separate monthly invoice for extraordinary maintenance work performed during the previous month.
The City shall compensate Contractor within thirty (30) days of receipt of an itemized monthly invoice. The City shall compensate Contractor for such maintenance beyond the scope of routine maintenance according to the hourly rate listed in the fee schedule. b. lnvoicing
Contractor shall submit an invoice for service performed. Scheduled sweeping and special sweeps shall be submitted on separate invoices, mailed or delivered to:
Director of Public Services
City of Laguna Hills
24035 ElToro Road
Laguna Hills, CA 92653
Payment shall be made in accordance with the provisions of the Agreement. t404157.t
SP-14
4.7.b
Packet Pg. 194 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
APPENDIX I
DRAFT CITYWIDE STREET SWEEPING AND ROADWAY CLEANING
MAINTENANCE SERVICES AGREEMENT
4.7.b
Packet Pg. 195 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street 1 2
3 4
5 6
APPENDIX II
MAPS AND LOCATION LISTS
ARTERIAL MAPS / RESIDENTIAL MAPS
POSTED NO PARKING DURING STREET SWEEPING MAPS AND LIST
BIKE TRAIL LIST
SIDEWALK LIST
SWEEPING MILEAGES
BUS STOP LOCATIONS
4.7.b
Packet Pg. 196 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street str
CITY OF LAGUNA HILLS
SAMPLE SCHEDULE BY MAP - ARTERIALS
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Packet Pg. 197 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street E
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Packet Pg. 198 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street "i
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Packet Pg. 199 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
ARTERIALS CONTINUED
THURSDAY i
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4.7.b
Packet Pg. 200 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
ARTERIALS CONTINUED
FRIDAY
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4.7.b
Packet Pg. 201 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street ,
CITY OF LAGUNA HILLS
RESIDENTIAL STREETS
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Packet Pg. 202 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
RESIDENTIAL CONTINUED
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Packet Pg. 203 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
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Packet Pg. 204 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
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4.7.b
Packet Pg. 205 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
RESIDENTIAL CONTINUED
4.7.b
Packet Pg. 206 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street MONDAY:
STREET SWEEPING POSTED
NO PARKING ZONES
Subiect to Change
ALL MOULTON RANCH STREETS, START AT 8 AM
ALL LOMAS LAGUNA STREETS, START AT 9 AM
LOS ALISOS BLVD, START 8 AM
TUESDAY:
WEDNESDAY: VIA LOMAS, START AT 8 AM
CAJON STREET, START AT 2 PM
OVERLAND STREET, START AT 2 PM
FRIDAY: SANTA VITTORIA DRIVE, START 8 AM
SEE MAPS NEXT PAGES
4.7.b
Packet Pg. 207 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street I
LOMAS LAGUNA STREETS
WEDNESDAY
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Packet Pg. 208 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street MONDAY 2Nd AND 4th WEEK
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4.7.b
Packet Pg. 209 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
SANTA VITTORIA
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Packet Pg. 210 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
VIA LOMAS WEDNESDAYS
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4.7.b
Packet Pg. 211 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street BIKE LS / PATH Monthlv G
ALICIA PKVVY
Community Center Dr. to Aliso Creek 5860 L.F
ALISO GREEK TRAIL
Alicia Pkwy to Aliso Creek 1175 L.F.
ALISO CREEK TRAIL
Clarington to City limit 205 L.F.
ALISO CREEK TRAIL
Christine Ct. to City limit 70 L.F
OSO PKWY
Tombstone to Moulton Pkwy 8225 L.F.
PASEO DE VALENCIA
Laguna Hills Dr. to Hawk Highway 415 L.F.
leanino
4.7.b
Packet Pg. 212 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
SIDEWALK CLEAN ING LOCATIONS
Gontractor shall remove weeds, sweep/blow sidewalk and sweep gutter on a monthly basis at the following locations:
Alicia Pkwy
Between Paseo de Valencia and Costeau Park Southside (2878 l. f.) Between Hon and Costeau Northside (623 L f.)
Alicia Pkwy/Barents stainrvay and walk path (located East of Paseo de Valencia Southside (92 l. f.)
Avenida de la Carlota
150 feet South of Via Puerta (40 l. f.)
700 feet North of Paseo de Valencia (westside 60 L f.)
Barbera
Between Marsala and Savona (820 l. f.)
Beckenham
At Wilkes - two fire gates (400 l. f.)
ElToro Rd
Under l-5 underpass to City Limit - Both sides only (100 l. f.) La Paz Rd.
Between Aliso Hills Dr. and Alameda Northside (3984 l. f.) Between Charlton Dr. and Appaloosa Southside (2430l. f .) Between Rickenbacker and Paseo de Valencia North side (1400 l. f.) Between Paseo de Valencia to 750 feet East along schoolfrontage (750 l. f.) Los Alisos Blvd.
Between Paseo de Valencia to City limits Southside (1400 l. f.) Marsala
Between Barbera and Teramo Eastside (6101. f.)
Moulton Pkwy
Between l-73 and Oso Pkwy Eastside (12701. f .)
Between Ridge Route Dr. and Granite Way Eastside (2260 L f.) Paseo de Valencia
Between Cabot Rd. and Alicia Pkwy Eastside (73341. f .) Between Ericson Way and LaPaz Rd. Westside (768 l. f
Santa Vittoria
Between Santa Maria and Barbera Eastside (1019l. f.)
)
Stockport St At fire gate (200 l. f.)
4.7.b
Packet Pg. 213 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street
CITY OF LAGUNA HILLS
STREET SWEEPING MILEAGE LIST
INCLUDTNG QUARTERLY TWO.WAY LEFT TURN LANES SWEEPING
ARETERIAL &
COLLECTOR
STREETS
4 PASSES 2 PASSES SINGLE
PASS
QUARTERLY
WEEKLY
SWEEPING
MILES
SWEEPING
MILES WITH
TURN LANE
ComercialArea 0.00 2.09 0.00 4.18 4.18
Alicia Pkwy 1.96 0.00 0.00 7.84 7.84
Ave de la Carlota 0.00 2.13 2.13 4.26 6.39
Bentley Ln 0.00 0.10 0.00 0.20 0.20
ElToro Rd 0.34 0.00 0.00 1.36 1.36
Cabot Rd 0.00 1.51 1.51 3.O2 4.53
Hon Ave 0.00 o.17 0.17 0.34 0.51
lndian Hills Ln 0.00 o.37 0.37 0.74 1.11
La Paz Rd 0.91 1.50 1.50 6.64 8.14
Laquna Hills Dr 0.71 0.00 0.00 2.84 2.84
Lake Forest Dr 1.20 0.00 0.00 4.80 4.80
Los Alisos Blvd 0.42 0.00 0.00 1.68 1.68
Mclntyre St 0.00 0.14 o.14 0.28 0.42
Mill Creek Dr 0.00 0.69 0.69 1.38 2.07
Moulton Pkwv 3.03 0.00 0.00 12.12 12.12
Oso Pkwy 1.83 0.00 0.00 7.32 7.32
Paseo de Alicia 0.00 0.04 0.04 0.08 0.12
Paseo De Valencia 1.75 1.50 1.50 10.00 11.50
Ridqe Route Dr 0.00 1.51 1.51 3.O2 4.53
San Remo Dr 0.00 0.50 0.50 1.00 1.50
Santa Maria Dr 0.17 0.00 0.00 0.68 0.68
Santa Vittoria Dr 0.24 1.02 1.O2 3.00 4.02
ARTER]AL MILES
TOTAL:
12.56 13.27 11.08 76.78 87.86
RESIDENTIAL
STREET TOTAL:
62.90 125.80
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Packet Pg. 214 Attachment: Agreement Jonset Corporation DBA Sunset Property Services (2023-42 : Assignment and Assumption Agreement for Street City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: March 28, 2023
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: April 2023 Rooted Campaign Event and Arbor Day Recognition RECOMMENDATION: That the City Council receive and file the report, and authorize the Mayor to sign the attached Arbor Day Proclamation as required by the Arbor Day Foundation for the Tree City USA Certification.
SUMMARY:
A work program in the current 2021-2023 Biennial Budget is to: “Host a quarterly Rooted Volunteer Campaign event to help beautify and make improvements within the City.” Five (5) volunteer events were hosted last fiscal year including the four quarterly as proposed in the budget and also an additional event in honor of the City’s 30th Anniversary. Two (2) events have already occurred this fiscal year (FY 22-23), which are described in more detail below:
1. September 24, 2022: Stockport Park. A total of 370 shrubs, 3 flats of 4” colored flowers, and 21 trees were planted. A total of 8 volunteers attended this event.
2. March 4, 2023: El Dorado Drive. Fifteen (15) trees and 460 plants were planted. A total of 2 volunteers attended this event.
The next Rooted Volunteer Campaign event will involve tree planting in recognition of Arbor Day, which is required for the City’s Tree City USA certification. Traditionally, the City has hosted its Arbor Day tree planting event on the third Saturday in April, to coincide with the City’s former annual Volunteer Connection Day event. This year the third Saturday in April is the 15th; and staff proposed this day, in its 2023 Events/Activities Calendar (Calendar), to be scheduled as the next Rooted Volunteer
4.8 Packet Pg. 215
Arbor Day
March 28, 2023
Campaign event. On March 20, 2023, The Events, Communication, and Beautification Committee (ECBC) reviewed staff’s Calendar and recommended that the April Rooted Volunteer Campaign event be changed from Saturday, April 15, to Saturday, April 29, a date closer to the 2023 Arbor Day date of April 28. Additionally, the ECBC recommended that the staff proposed Rooted Volunteer Campaign event scheduled for May 13, 2023, be rescheduled to another date because of its close proximity to the April 29 event date.
Following the ECBC’s recommendation, the next quarterly Rooted Volunteer Campaign event is scheduled for Saturday, April 29th, beginning at 9:00 am. The event will take place at Knotty Pine Park. In accordance to direction provided by the ECBC, staff plans on planting Queen Palms and other assorted shade trees in recognition of Arbor Day.
Flowering shrubs will also be planted at park entrance locations at Knotty Pine Park. In order to retain its designation as a Tree City USA, the attached proclamation must be signed by the Mayor.
FISCAL IMPACT:
The fiscal year 2022-23 budget for Rooted Volunteer Campaign is $8,500 to host four (4) quarterly events. The total cost of the two Rooted events already held this fiscal year is $8,766.
Staff estimates event expenditures for the April 29, 2023, event to be approximately $1,000, which accounts for the donated plants by Nieves Landscape, Inc., per the Agreement with the City. The estimated cost for a fourth Rooted event this fiscal year is $4,000, for a total estimated cost of $13,766 for this fiscal year’s Rooted Volunteer Campaign event series. The additional cost incurred for these events can be absorbed into the Community Services Department’s budget since the City Council approved a mid-year budget amendment allocating more monies to the Community Services Department’s events budget.
ATTACHMENTS:
• Proclamation - Arbor Day 2023
4.8 Packet Pg. 216
CITY OF LAGUNA HILLS
PROCLAMATION
ARBOR DAY
APRIL 29, 2023
WHEREAS, in 1872 J. Sterling Morton proposed to tlze Nebras/ca Board Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraslca; and
WHEREAS, Arbor Day is now observed tluouglwut the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water; cut heating and cooling costs; moderate the temperature; clean the air; produce life-giving oxygen; and provide habitat for wildlife; and WHEREAS, trees are a renewable resour egiving 11s paper, wood for our home fuel for our fires, and countless other wood p1'oducts; and WHEREAS, trees in our City increase prop rty 1.1alue I enhance the vitality of business areas, and beautify our co1111nimity; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, THEREFORE, I, Janine Heft, Mayor, on behalf of the City Council ofi the City of Laguna Hills, California, do hereby proclaim April 29, 2023, as Arbor Day in the City of Laguna Hills.
Dated this 28th day of March 2023.
JANINE HEFT, MAYOR
Attachment: Proclamation - Arbor Day 2023 (3105 : Arbor Day)
4.8.a
Packet Pg. 217
Attachment: Proclamation - Arbor Day 2023 (2023-43 : Arbor Day) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:
TO:
FROM:
ISSUE:
March 28, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.
Public Works Director/City Engineer
Re-Advertisement of the Community Center and Sports Complex Site Improvements Project, CIP No. 237
RECOMMENDATION: That the City Council: 1) Approve the plans and specifications and authorize the advertisement for bids for the Community Center and Sports Complex Site Improvements Project, CIP No. 237; 2) Allow the City Engineer to make minor edits to the plans and specifications as necessary; and 3) Find that environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption - “Existing Facilities.” SUMMARY:
At the February 28, 2023, City Council meeting, the City Council rejected all bids because removal of the existing concrete tables and benches in the picnic pavilion and near the 2 to 5 year-old playground and replacement with plastisol tables and benches was not desired. These items have been removed from the base bid schedule. Other items that were previously part of the additive, alternate bid schedule are now included in the base bid schedule, such that the base bid schedule includes work equating approximately to the Proposition 68 Per Capita Grant Program funds the City will receive. The project continues to include repairs and replacements of several outside fixtures, play equipment and finishes, as well as construction of a new small retaining wall at the toe of the slope at the rear of the 2 to 5 year-old playground. The plans and specifications are ready for approval by the City Council.
4.9 Packet Pg. 218
Re-Advertisement of the Community Center and Sports Complex Site Improvements Project, CIP 237
March 28, 2023
BACKGROUND:
The City received $197,399 in funding under Proposition 68, the 2018 Parks Bond Act Per Capita Grant Program. These funds are being used to construct improvements at the Community Center and Sports Complex for repairs and replacements of outside fixtures, play equipment and finishes, as well as construction of a new small retaining wall at the toe of the slope at the rear of the 2 to 5 year-old playground. The plans and specifications must be approved by the City Council and the City Council must authorize staff to advertise for bids because the total cost of the project exceeds $200,000.
Richard Fisher Associates (RFA) prepared the specifications and bid schedule. The revised bid schedule includes staff recommended high priority improvements to the Community Center and Sports Complex site, which are part of the “Base Bid” schedule.
The lowest responsive, responsible bidder will be awarded a construction contract based upon the total Base Bid. In addition, the bid schedule also includes additional “Additive Alternate Bid” items, which may be awarded individually or collectively to the lowest responsive, responsible bidder dependent on the bids received and available budget. Once bids are received, City staff will return to City Council with a recommendation to award a construction contract to the lowest responsive, responsible bidder along with a recommendation on which, if any, additive alternate bid items to award.
Based upon bids received in February 2023, City staff estimates the total base bid will be approximately $200,000 and the total of all of the additive alternate bid items will be $100,000 for a total project estimate of $300,000.
CEQA FINDINGS:
Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption – “Existing Facilities.” FISCAL IMPACT:
The FY 2022/2023 budget recognizes the Proposition 68 funding, plus an additional $40,000 in funding for design. The total project estimate exceeds the available budget; however, the City has Quimby Fees on deposit which may be used to cover any shortfalls. Any shortfall in funding will require City Council to adopt a resolution
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Re-Advertisement of the Community Center and Sports Complex Site Improvements Project, CIP 237
March 28, 2023
allocating Quimby Fees to this project. City staff will make a recommendation to City Council at the time of contract award.
ATTACHMENTS:
• Community Center Sports Complex Site Improvements CIP No. 237 Bid Set
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LH Public Works 6909-0008-08/2020
Master Template Public Works Contract
1511509.1
CITY OF LAGUNA HILLS
CALIFORNIA
PUBLIC WORKS PLANS
AND SPECIFICATIONS FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS
RE-BID, CIP NO. 237
PREPARED BY
CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
MARCH 2023
IMPORTANT DATES:
April 19, 2023, 10:00 a.m. Mandatory Pre-Bid Meeting
May 1, 2023, 10:00 a.m. Bids Due to the City
May 9, 2023 Proposed City Council Award of Contract
June 5, 2023 Proposed Issuance of Notice to Proceed
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CITY OF LAGUNA HILLS
SPECIFICATIONS FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
Approved By:
03/21/2023
Joseph John Ames, City Engineer Date
R.C.E. No. 66999
Expiration Date 9/30/2024
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i
CITY OF LAGUNA HILLS
TABLE OF CONTENTS
FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
NOTICE INVITING SEALED BIDS........................................................................................NB-1 INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1
PROPOSAL DOCUMENTS
Proposal..................................................................................................................................P-1 Bidders Information.................................................................................................................P-3 List of Subcontractors .............................................................................................................P-4 References .............................................................................................................................P-5 Contractor’s Licensing Statement............................................................................................P-6 Bid Bond .................................................................................................................................P-7 Non-Collusion Affidavit............................................................................................................P-9 Proposal Bid Sheets .............................................................................................................P-10 Bidder’s Certification of Acknowledgement of Compliance With Insurance ........................... P-13
CONTRACT DOCUMENTS
Contract Agreement..............................................................................................................CA-1 Faithful Performance Bond....................................................................................................CA-4 Material and Labor Bond.......................................................................................................CA-6 Compensation Insurance Certificate .....................................................................................CA-8
GENERAL SPECIFICATIONS
Scope of Work ..................................................................................................................... GS-1 Location of Work.................................................................................................................. GS-1 Time of Completion.............................................................................................................. GS-1 Traffic Requirements............................................................................................................ GS-1 Utility Requirements............................................................................................................. GS-1 Flow and Acceptance of Water ............................................................................................ GS-3 Removal of Water ................................................................................................................ GS-3 Standard Specifications ....................................................................................................... GS-3 Resolution of Construction Claims ....................................................................................... GS-6
SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS ......................................................................................SP-1 PART 2 - CONSTRUCTION MATERIALS...........................................................................SP-24 PART 3 - CONSTRUCTION METHODS ............................................................................SP-32 PART 4 - EXISTING IMPROVEMENTS .............................................................................SP-37
APPENDICES
Not Used.....................................................................................................................Appendix A Applicable Standard Plans ..........................................................................................Appendix B Project Plans and Specifications ................................................................................ Appendix C Building Permit Application......................................................................................... Appendix D
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CITY OF LAGUNA HILLS
NOTICE INVITING BIDS FOR CONSTRUCTION OF
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237 NOTICE IS HEREBY GIVEN that sealed bids for the COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237 (“Project”) in the City of Laguna Hills will be received at the Office of the City Engineer of the 24035 El Toro Road, Laguna Hills, until 10:00 a.m. on Monday, May 1, 2023, at which time they will be publicly opened and read aloud.
MANDATORY PRE-BID MEETING: A mandatory pre-bid meeting will be held at the Project site on Wednesday, April 19, 2023 at 10:00 a.m. Site Address: 25555 Alicia Parkway, Laguna Hills, California 92653.
Meet at the flagpole in front of the Community Center entrance.
DESCRIPTION OF THE WORK: In general, the work is comprised of public works construction including removal and replacement of existing fixtures, demolition, construction, and other miscellaneous improvements as shown in the plans and specifications and as required to complete the work.
AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder on the Bid Schedule, and reject all other bids, as it may best serve the interest of the City. Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within ten (10) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement, Bonds (Faithful Performance and Material and Labor) and Insurance.
CONTRACTOR’S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A Contractor’s License, or a combination of Class C Contractor's Licenses as necessary to perform the work, at the time of submitting bids, in accordance with provisions of Chapter 9, Division III of the California Business and Professions Code.
WAGE RATE REQUIREMENTS: The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for the contract. The reporting requirements may be found at https://www.dir.ca.gov/PublicWorks/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
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RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payments by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected without charge at the Public Works Department, City Hall, 24035 El Toro Road, Laguna Hills, California 92653. Contract Documents are available in portable document form (PDF) on the City’s website:
http://www.lagunahillsca.gov/bids. It is the contractor’s responsibility to ensure they are on the City’s Plan Holder’s List and they obtain any addendums or clarifications that are issued by the City on the City’s website prior to submitting a bid. For any questions regarding acquisition of Contract Documents, contact Julie Comella at [email protected].
Dated this 28th day of March, 2023. City of Laguna Hills, California BY _____________________________
JENNIFER LEE, CITY CLERK
Published: Saddleback Valley News 24035 El Toro Road
Laguna Hills, CA 92653
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CITY OF LAGUNA HILLS
INSTRUCTIONS TO BIDDERS
FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
1. PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the City of Laguna Hills (hereinafter “CITY” or “City”). All blank spaces in the bid forms must be correctly filled in and all information requested therein must be clearly and legibly set forth in the manner and form indicated. All spaces for bid prices and lump sum price for which the bid is made, must be filled in, in both words and figures. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed by the person or persons signing the bid. Bidder acknowledges and agrees that by failing to complete the bid forms in their entirety, as set forth above, the CITY may find the bidder’s entire bid non-responsive and may cause the rejection of the bidder’s proposal at the discretion of the CITY.
2. PROPOSAL GUARANTEE (BID BOND)
In accordance with Public Contract Code Section 20170, proposals must be accompanied by a proposal guarantee consisting of either cash, a cashier’s check, a certified check or bid bond payable to the CITY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. IF A BIDDER TO
WHOM A CONTRACT IS AWARDED FAILS OR REFUSES TO EXECUTE THE CONTRACT
DOCUMENTS OR FURNISH THE REQUIRED INSURANCE POLICIES AND BONDS AS
SET FORTH IN THOSE DOCUMENTS, THE PROPOSAL GUARANTEE SHALL BE FORFEITED TO THE CITY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all Contract Documents.
3. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.
4. PROPOSAL BID SHEET
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.
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5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the CITY's designated official prior to the bid opening time deadline set forth in the "Notice Inviting Sealed Bids." Late proposals will not be considered and will be returned to the bidder unopened. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, " COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS PROJECT RE-BID, CIP NO. 237 - DO NOT OPEN WITH REGULAR MAIL."
6. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY's designated official prior to the bid-opening time deadline set forth in the "Notice Inviting Sealed Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, provided there is time remaining to do so. Proposals may not be withdrawn after the bid opening without forfeiture of the proposal guarantee.
7. NONRESPONSIVE PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it nonresponsive and may cause its rejection. The completed proposal forms shall be without inter-lineation, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
8. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes that may be applicable. Bidder acknowledges and agrees that CITY shall not be responsible for the payment of any increase in Sales Tax, Use Tax, or any other tax that takes effect after award.
9. DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.
No contract will be executed unless the bidder is licensed in accordance with the provisions of the Business and Professions Code.
10. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he or she may submit to the City Engineer a written request for an interpretation or correction thereof five (5) working days prior to the scheduled bid opening. The person submitting the request
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will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.
11. ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them.
Before submitting a bid, each bidder shall confirm as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render bid nonresponsive and may result in its rejection by the CITY.
12. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.
Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.
13. AWARD OF CONTRACT
Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsive-responsible bidder as determined solely by the CITY. At the time of contract award, the successful bidder shall hold a Class A Contractor's License, or a combination of Class C Contractor’s License(s), as required to perform the work, issued by the State of California. Additionally, the CITY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the CITY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.
Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within ten (10) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required executed Contract Agreement, executed Bonds (Faithful Performance and Material and Labor) and Insurance. Submission of these documents shall be at the Low Bidder’s sole cost and expense and shall not be made reimbursable by City. Award of Contract, if made, shall be solely the determination of the City Council.
No bidder may withdraw its proposal for a period of forty-five (45) days after the time set for opening thereof. However, the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.
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14. PREVAILING WAGE RATES
The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research.
It shall be mandatory upon the Contractor to whom the Contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the Contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for this Agreement. The reporting requirements may be found at https://www.dir.ca.gov/Public-Works/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor and its subcontractors shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to Section 6109 of the public Contract Code, or engage in the performance of any contract for public work on a public works project if the contractor or subcontractor is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code.
The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the bidder in determining his bid, and will not under any circumstances be considered as the basis of a claim against the CITY on the Contract.
The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in Government Code Section 12940(a), as those bases are defined in Government Code Sections 12926 and 12926.1, except as provided in Labor Code Section 3077 and Government Code Section 12940.
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15. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.
In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to CITY along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.
16. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to CITY all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
17. SUBLETTING AND SUBCONTRACTING.
Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name business address, California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor's total bid or $10,000, whichever is greater. If a subcontractor’s California contractor license number or public works contractor registration number are submitted incorrectly in the bid, it will not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected subcontractor’s California contractor license number is submitted to CITY within 24 hours after the bid opening If the bidder fails to list a subcontractor for a portion of work or if the bidder lists more than one subcontractor of the same portion of work in excess of 1/2 of 1% of the total bid or $10,000, whichever is greater, the bidder agrees that it is fully qualified to perform that portion of work itself, and that the bidder shall perform that portion of work itself. If after award of the contract, the bidder actually subcontracts that portion of work, except as provided in Public Contract Code Section 4107 or 4109, the bidder shall be subject to the penalties listed in Section 4111 of the Public Contract Code. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.
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18. SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, which is incorporated herein by this reference, the Contractor may substitute securities for any monies withheld by the CITY to ensure performance under the Contract or, in the alternative, may request payment of retention earned directly to an escrow agent.
At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the CITY, with a State or Federally chartered bank as the escrow agent or require the City to deposit 5% of each progress payment with the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the CITY, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention.
When the Contractor deposits the CITY approved securities with the escrow agent, the escrow agent shall notify the CITY within 10 calendar days of the deposit. Said securities shall be evaluated quarterly by the escrow agent to verify the current market value. If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for CITY approval, and be held in the escrow account to meet the Contractor's obligations. The escrow agent shall hold said securities until such time as the escrow agent receives written notification from the CITY that the Contractor has satisfactorily completed his Contract obligations.
The type of securities deposited and the method of release shall be approved by the City Attorney's office.
If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The CITY may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the CITY.
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BIDDER'S NAME
CITY OF LAGUNA HILLS
PROPOSAL
FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
TO CITY OF LAGUNA HILLS, as CITY:
In accordance with CITY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Standard Specifications, Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, General Specifications, Special Provisions and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the Bid Security accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDER agrees and acknowledges that it 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 BIDDER will comply with such provisions of that code before the commencement of any work under this Contract, if awarded.
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any CITY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that
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said affirmative action will remain in effect for the life of any contract awarded hereunder.
Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
BIDDER'S NAME: DATE , 20 .
BIDDER'S ADDRESS: BY
(Print Name)
(Signature)
PHONE: ( ) TITLE
Subscribed and sworn to before me BY
this day of , 20 (Print Name)
(Signature of Notary Public) (Signature)
(Attach Jurat) TITLE
(SEAL)
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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name
Business Address
Email: Telephone: ( )
State Contractor's License No. and Class
Original Date Issued ______________ Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
Subscribed and sworn to before me By
this day of , 20 . (Print Name)
(Signature of Notary Public) (Signature)
Title
(SEAL) Date _______________, 20___
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1511509.1
BIDDER'S NAME
_____________________
LIST OF SUBCONTRACTORS (4100 PUBLIC CONTRACT CODE)
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors in excess of ½ of 1% of the total bid amount or ten thousand dollars ($10,000), whichever is greater as follows (add additional pages as necessary) (Bidder must include all requested information):
Subcontractor Name
Address
License No. and Class
DIR Registration No.
Phone No. Email:
Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.
Phone No. Email:
Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.
Phone No. Email:
Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.
Phone No. Email:
Percent of Total Contract
Specific Scope of Work
4.9.a
Packet Pg. 235 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P-5
1511509.1
BIDDER'S NAME _____________________
REFERENCES
The following are the names, addresses, and phone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:
Agency Name
Address
Phone No. Contact:
Description of Work
Agency Name
Address
Phone No. Contact:
Description of Work
Agency Name
Address
Phone No. Contact:
Description of Work
DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Name
Address
Phone No.
Name
Address
Phone No.
Name
Address
Phone No.
Name
Address
Phone No.
4.9.a
Packet Pg. 236 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P-6
1511509.1
CONTRACTOR'S LICENSING STATEMENT
BIDDER certifies that the following is true and correct. The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.
Contractor's License Number ___________________________________ DIR Registration No. __________________________________________ Name of Individual Contractor (Print or type):
Signature of Owner(s)
Business Address
or
Name of Company
Business Address
Officers:
Name Title
Name Title
Name Title
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
__________________________________ __________________________________ Name of President of Corp./ Company Name of Secretary of Corp./ Company Subscribed and sworn to before me By:_________________________________ this ______ day of _______________, 20____ (Signature)
_____________________________________ By:_________________________________ (Signature of Notary Public) (Print Name and Title)
(SEAL) (SEAL)
4.9.a
Packet Pg. 237 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P- 7
1511509.1
BID BOND (Page 1 of 2)
BIDDER’S BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, (NAME OF BIDDER)
(the “Principal”) has submitted a bid (the “Bid”) to the City of Laguna Hills, California (the “City”) for construction of the (NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
(the “Work”), as specifically set forth in documents
entitled
(TITLE OF BID PACKAGE)
, Dated: , 20 (the “Specifications”).
AND WHEREAS, the Principal is required to provide bidder’s security in an amount equal to at least ten percent (10%) of the amount of the Bid and has chosen to satisfy this obligation by providing this bond.
NOW, THEREFORE, we, the Principal, and
(NAME OF SURETY)
(the “Surety”), an admitted
surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100 DOLLARS ($ ), lawful money of
the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, this amount being ten percent (10%) of the total amount of the Bid.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
1. If (a) the City accepts the Bid and awards the Principal a contract for the Work, and (b) within the time and manner required under the Specifications or by law, after the prescribed forms are presented to the Principal for signature, the Principal executes a written contract for construction of the Work in accordance with the Bid and delivers the required faithful performance and payment bonds and insurance policies, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
2. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the
4.9.a
Packet Pg. 238 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P- 8
1511509.1
BID BOND (Page 2 of 2)
time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension.
3. In the event suit is brought upon this bond by the City and judgment is recovered, as part of the obligation secured hereby and in addition to the face amount specified in this bond, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the court.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20___ .
PRINCIPAL
________________________________
(Principal Name) (Seal)
By: _____________________________
(Signature)
_____________________________
SURETY
_________________________________
(Surety Name) (Seal)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact
4.9.a
Packet Pg. 239 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P- 9
1511509.1
BIDDERS NAME
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) SS
COUNTY OF )
In conformance with Public Contract Code Section 7106, the party making the foregoing bid declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and 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 the bid price, or 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ______________________ [city], ______ [state].” Signed
Title
Subscribed and sworn to before me
this ______ day of _____________,20____.
___________________________________
Signature of Notary Public
(SEAL)
4.9.a
Packet Pg. 240 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P- 10
1511509.1
BIDDERS NAME
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
BASE BID
ITEM
NO. DESCRIPTION UNIT
EST.
QTY. UNIT PRICE TOTAL COST
1 Mobilization (Shall Not Exceed 5% of Total Bid) LS 1
2 Replace Missing 16”x16”, 12”x12”, & Customsize Slate Veneer on Walls at various locations. “EA” means each location. See
Appendix C Item 2
20 EA
3 Replace Missing Stacked Stone Veneer on
Walls at various locations. “EA” means each
location. See Appendix C Item 3
21 EA
4 Remove / Replace Missing / Damaged Shade
Panels in Bandstand Shelter. See Appendix C
Item 4
10 EA
5 Remove / Replace Missing / Damaged Shade
Panels in Picnic Shelter. See Appendix C Item
5 15 EA
6 Remove / Replace Decks on 5-12 Play
Structure. See Appendix C Item 6 1 LS
7 Construct 18” Exposed Height Stacked Stone
Retaining Wall at toe of slope in rear of 2-5
Playground, including obtaining no fee City
building permit. See Appendix C Item 7
40 LF
8 Replace Recycled Wood Components on
Playground Jeep. See Appendix C Item 8 1 LS
9 Remove / Replace Slanted Access Deck on 2-
5 Play Structure. See Appendix C Item 9 1 LS
10 Repair Existing Resilient Surfacing on Upper
Playground Swings. See Appendix C Item 10 250 SF
11 Prep and Re-paint Swings Posts and Tire
Swing Structure. See Appendix C Item 11 1 LS
12 Remove and Replace Drinking Fountains. See
Appendix C Item 12 4 EA
13 Remove / Replace Wood End-Screen &
Chainlink with Specified Plastic Panel. See
Appendix C Item 13
2 EA
14 Replace 8” Wide Teak Board Seating Planks
around 5-12 Playground Structure. See
Appendix C Item 14
192 LF
TOTAL “BASE BID” IN FIGURES $
TOTAL BASE BID IN WORDS:
DOLLARS
AND CENTS
4.9.a
Packet Pg. 241 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P- 11
1511509.1
BIDDERS NAME
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237 AT THE AGENCY’S SOLE DISCRETION ANY COMBINATION OF ADDITIVE ALTERNATE BIDS MAY ALSO BE AWARDED.
ADDITIVE ALTERNATE BID
ITEM
NO. DESCRIPTION UNIT
EST.
QTY. UNIT PRICE TOTAL COST
15 Remove & Replace PCC in Skate Park
Bowl. See Appendix C Item 15 250 SF
16 Route Out and Grout Cracks in Skate
Park Bowl. See Appendix C Item 16 50 LF
17 Remove Hockey Rink Perimeter Netting
and Install New Chain Link Fencing. See
Appendix C Item 17
550 LF
18 Purchase and Install Shade Canopy
Fabric for Dugouts at 2 Locations. See
Appendix C Item 18
550 SF
19 Repair Concrete Playground Information
Sign. See Appendix C Item 19 1 EA
20 Remove and Replace Damaged Lighted
Bollards at various locations, including
obtaining “no fee” City electrical permit.
See Appendix C Item 20
10 EA
21 Remove and Replace Shade Sail at 5-12
Playground. See Appendix Item 21 1 LS
22 Install New 8” x 24” Concrete Cap on
Existing Wall at Hockey Rink. See
Appendix C Item 22
50 LF
23 Remove Existing Post-Mounted Benches
at Hockey Rink and Replace with 8’ Metal
Benches Mounted to Sidewalk. See
Appendix C Item 23
2 EA
24 Paint Existing Utility Building Adjacent to
Skate Park. See Appendix C Item 24 1 LS
TOTAL “ADDITIVE ALTERNATE BID” IN FIGURES $
TOTAL ADDITIVE ALTERNATE BID IN WORDS:
DOLLARS
AND CENTS
NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB.
THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ALL OR ANY ITEM FROM THE CONTRACT. IF THERE IS A CONFLICT BETWEEN THE UNIT PRICE PROVIDED AND TOTAL COST, THE UNIT PRICE SHALL PREVAIL. IF THERE IS A CONFLICT BETWEEN THE “TOTAL BID FIGURES” AND THE “TOTAL BID IN WORDS”, THE “TOTAL BID IN WORDS” SHALL PREVAIL.
THE DETERMINATION OF THE LOWEST RESPONSIBLE BIDDER SHALL BE ON THE BASIS OF THE COMPARISON OF THE BASE BID ONLY.
AT THE AGENCY’S SOLE DISCRETION ANY COMBINATION OF ADDITIVE ALTERNATE BIDS MAY ALSO BE AWARDED.
4.9.a
Packet Pg. 242 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P- 12
1511509.1
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
PROPOSAL
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______ day of ___________, 20___.
BIDDER ________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Subscribed and sworn to before me this _____ day of ____________, 20____.
SIGNATURE NOTARY PUBLIC _______________________________ (Attach Jurat) By______________________________________
(PRINT)
________________________________________
(SIGNATURE)
(SEAL)
Title____________________________________
CITY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the minimum amount of ten percent (10%) of the total bid.
By
Title
4.9.a
Packet Pg. 243 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center P- 13
1511509.1
BIDDERS NAME ________________________________
BIDDER’S CERTIFICATION FOR
ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE
REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION
CITY OF LAGUNA HILLS
BIDDER agrees, acknowledges and is fully aware of the insurance requirements as specified in the
INSTRUCTIONS TO BIDDERS FOR COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237 AND IN THE SPECIAL PROVISIONS FOR COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237 and accepts all conditions and requirements contained therein.
_____________________________________
Bidder
______________________________________ __________
By Date
***** SUBMIT THIS EXECUTED FORM WITH THE BID
4.9.a
Packet Pg. 244 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center CA- 1
1511509.1
CITY OF LAGUNA HILLS
CONTRACT AGREEMENT
FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
THIS CONTRACT AGREEMENT (hereinafter “Agreement” or “Contract” or “Contract Agreement”) is made and entered into for the above stated Project this ______ day of ______________, 20_____, BY AND BETWEEN THE CITY OF LAGUNA HILLS, as CITY, and__________________________________________, as CONTRACTOR.
WITNESSETH that CITY 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 Documents, Contract Documents, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and all appendices attached hereto, together with this Contract Agreement and all required bonds, insurance coverage, 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 (hereinafter collectively the “Contract Documents”). All of the provisions of said Contract Documents are attached hereto and are incorporated by reference herein and made a part of this Contract Agreement as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, 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 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, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
ARTICLE IV
CITY 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
4.9.a
Packet Pg. 245 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center CA- 2
1511509.1
ARTICLE V
CONTRACTOR acknowledges the provisions of the Labor Code requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.
ARTICLE VI
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
ARTICLE VII
CONTRACTOR hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. Section 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by CITY.
ARTICLE VIII
To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole cost and expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CONTRACTOR’s employees included), or for damage to property, including property owned by CITY, which Claims arise out of, pertain to, or are related to CONTRACTOR's performance under the Agreement.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONTRACTOR's indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the CITY, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of CITY.
ARTICLE IX
CONTRACTOR shall be familiar with, observe, and comply at all times during the term of this Agreement with any work rules for contractors as may be established and promulgated by the City Manager, which work rules shall be additional terms and conditions for providing the work and services to the CITY pursuant to this Agreement, as may be updated and/or amended from time to time at the sole discretion of the City Manager. [SIGNATURES ON NEXT PAGE]
4.9.a
Packet Pg. 246 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center CA- 3
1511509.1
CONTRACT AGREEMENT
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.
CITY: CONTRACTOR:
JANINE HEFT, MAYOR (CORPORATION (NAME - TYPE))
CITY OF LAGUNA HILLS
BY:
(PRINT)
ATTEST:
(SIGNATURE)
JENNIFER LEE, CITY CLERK (TITLE)
CITY OF LAGUNA HILLS
BY:
(PRINT)
GREGORY E. SIMONIAN, CITY ATTORNEY (SIGNATURE)
CITY OF LAGUNA HILLS
(TITLE)
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH JURAT.
4.9.a
Packet Pg. 247 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center Bond Amount $____________
Bond Number _____________
CA- 4
1511509.1
(PAGE 1 OF 2)
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, on
(DATE OF AWARD)
, the City of Laguna Hills, California
(“City”) awarded a public works contract (the “Contract”), delineated as Contract No. , for the
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
, as
specified in the Contract, to,
(NAME OF CONTRACTOR)
, a
(CONTRACTOR ENTITY TYPE i.e.; INC., LLC., ETC.)
, hereby designated as the “Principal”, which
Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference.
AND WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
(NAME OF SURETY)
(the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
1. If the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly do and perform all of the covenants and obligations of the Contract, including the provisions for liquidated damages in said Contract, and including any and all amendments, supplements, and alterations made to the Contract as provided therein, on the Principal’s part to be done and performed at the times and in the manner specified in the Contract, and shall indemnify and save harmless the City, its officers and agents as specified in the Contract, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
2. In the event the Principal fails to fully perform all requirements in accordance with the terms and conditions of the Contract, then the Surety shall enforce performance by the Principal or shall pay the City for the same in an amount not exceeding the amount specified in this bond.
4.9.a
Packet Pg. 248 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center Bond Amount $____________
Bond Number _____________
CA- 5
1511509.1
FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)
3. In the event suit is brought upon this bond by the City and judgment is recovered, as part of the obligation secured hereby and in addition to the face amount specified in this bond, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the court.
4. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20_____ .
PRINCIPAL
________________________________
(Principal Name) (Seal)
By: _____________________________
(Signature)
_____________________________
SURETY
_________________________________
(Surety Name) (Seal)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact
4.9.a
Packet Pg. 249 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center Bond Amount $____________
Bond Number _____________
CA- 6
1511509.1
(PAGE 1 OF 2)
PAYMENT (LABOR AND MATERIAL) BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, on
(DATE OF AWARD)
,the City of Laguna Hills, California
(“City”) awarded a public works contract (the “Contract”), delineated as Contract No. , for the
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
, as specified in the
Contract, to, (NAME OF CONTRACTOR)
, a
(CONTRACTOR ENTITY
TYPE i.e.; INC., LLC., ETC.)
, hereby designated as the “Principal”, which
Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference.
AND WHEREAS, the Principal is required under the terms of the Contract to give this bond in connection with the execution of the Contract.
NOW, THEREFORE, we, the Principal, and ________________________________ (the “Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of ____________________________________ and ___/100 DOLLARS ($_______________), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
1. If the Principal, or its subcontractors, or their respective heirs, executors, administrators, successors or assigns, shall fail to pay (a) any of the persons named in Section 9100 of the California Civil Code, (b) any amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the Contract, or (c) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work or labor, then the Surety shall pay for the same, in an aggregate amount not exceeding the sum specified in this bond. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to be fixed by the court.
4.9.a
Packet Pg. 250 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center Bond Amount $____________
Bond Number _____________
CA- 7
1511509.1
PAYMENT (LABOR AND MATERIAL) BOND
(PAGE 2 OF 2)
2. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20_____.
PRINCIPAL
________________________________
(Principal Name) (Seal)
By: _____________________________
(Signature)
_____________________________
SURETY
_________________________________
(Surety Name) (Seal)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact
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COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:
“I am 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 selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.” _____________________________________
Contractor
By___________________________________
(PRINT)
___________________________________
(SIGNATURE)
_____________________________________
Title
_____________________________________
Date
Section 3700 of the Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
"(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
COMPENSATION INSURANCE CERTIFICATE
TO BE SUBMITTED WITH CONTRACT
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CITY OF LAGUNA HILLS
GENERAL SPECIFICATIONS
FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
SCOPE OF WORK
The work to be performed and completed by Contractor consists of including removal and replacement of existing fixtures, demolition, construction, and all other incidental work in this specification document.
LOCATION OF WORK
The Project is located at 25555 Alicia Parkway, Laguna Hills, CA 92653, as shown on the plans.
TIME OF COMPLETION
The Contractor shall complete all work in every detail within 40 working days after the date of the Notice to Proceed.
TRAFFIC REQUIREMENTS
The Contractor shall provide delineation in accordance with the latest updated version of the California Manual on Uniform Traffic Control Devices (MUTCD). The Contractor shall schedule the order of his work such that no travel lanes are closed before 9:00 A.M. or after 3:30 P.M. daily.
A minimum of one through travel lane and all turning lanes in all directions shall be maintained during construction between 9:00 A.M. and 3:30 P.M. The same number of travel lanes currently in use (at the time of bid) shall be opened to traffic each and every day between 3:30 P.M. and 9:00 A.M. No work that interferes with public traffic shall be performed after 3:30 P.M. or before 9:00 A.M. No street closures shall be made. The traffic signal and traffic signal detectors shall remain operational during the construction until their replacement is scheduled within 5 days of disruption. Night work shall only be allowed with approved, written approval by the City Engineer, at the contractor’s request, and shall be completed at no additional cost if approved.
Separation between travel lanes shall be accomplished by the use of delineators placed at a maximum of 15' on center. Traffic channelization at intersections shall be accomplished by the use of delineators placed at a maximum of 10' on center.
UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1(800) 422-4133. Contractor shall provide the City with proof of contact with USA upon request.
The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.
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NAME ADDRESS CITY, STATE, ZIP ATTENTION Phone
Number
AT&T 3939 E. Coronado
St.
Anaheim, CA
92807
Robert
Fleisher
714/618-
9129
OCTA 550 S. Main Street Orange, CA 92613-
1584
Kyle Poff 714/560-
5816
Southern
California
Edison
14155 Bake
Parkway
Irvine, CA 92718 Chris
Schafer
949/458-
4413
Gas Company 1919 South State
College
Anaheim, CA
92806
Andrew
Alday
714/385-
3377
Gas Company
Southern
Region
Transmission
P. O. Box 1100 Chatsworth, CA
91313
Rosalyn
Squires
818/701-
4546
CR&R P.O. Box 1100 San Juan
Capistrano, CA
92693-1100
Mike
Campuzano
949/254-
1779
Moulton Niguel
Water District
27500 La Paz
Road
Laguna Niguel, CA
92677
Steve Merk 949/425-
3538
Cox
Communication
27121 Towne
Centre Drive
Foothill Ranch, CA
92610
Reynaldo
Castro
949/563-
8889
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.
The Contractor shall notify the Southern California Gas Company (714) 634-3185 at least 2 working days prior to the start of construction.
The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not, and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period, and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.
By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this Project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work to be accomplished during the progress of the work.
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The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in his schedule. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed.
FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk. The Contractor shall prepare a Stormwater Pollution Prevention Plan, shall use Best Management Practices and comply with all NPDES and Sate Construction Permit requirements pertaining to water quality to minimize adverse water quality impacts from the project before initiating construction. The payment for this work of plan preparation and field implementation, as required, and compliance with permits is deemed included in the lump sum price paid for Mobilization and no additional compensation shall be allowed therefore.
REMOVAL OF WATER
The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered, and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the City Engineer.
Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefore.
WASTE DISPOSAL
Contractor shall only utilize waste containers from the City Franchisee, CR&R, (P. O. Box 1100, San Juan Capistrano, CA 92693-1100, 949-728-0446 Ext. 1232) for all recyclables and waste debris. Contractor shall record the quantity (tons) of recyclable or green waste materials diverted from land fills and report this data to the City at the end of the project.
STANDARD SPECIFICATIONS
The Standard Specifications of the City are contained in the 2018 edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, also known as the “Greenbook”, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern
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California District of the Associated General Contractors of California, which is incorporated herein by this reference. Copies of these Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, California 92801
(760) 734-1113
The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, General Specifications, Special Provisions, or other Contract Documents.
The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, addition, or that are specifying options are stated in the Special Provisions.
In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.
References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the latest edition of the Standard Specifications of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from:
California Department of Transportation
Publications Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815-3800
Telephone (916) 263-0822
Fax (916) 263-0470
References in the Special Provisions to Standard Plans shall mean the Standard Plans for Public Works Construction, latest edition (written and promulgated by the Public Works Standards, Inc.), and, where applicable and as determined and selected by the City Engineer, those specific standard plans of the City of Laguna Hills, the County of Orange and/or the State Department of Transportation, latest editions.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.
WAGE RATES AND LABOR CODE REQUIREMENTS
The City has determined that the work on this Project requires work of labor categories which are subject to the State of California Department of Industrial Relations prevailing rates of per diem wages.
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Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work provided pursuant to the Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of the Agreement.
Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
a) The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
b) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the effective date of this Agreement.
c) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the term of this Agreement.
d) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). e) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
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f) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California 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 is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to an applicable apprenticeship committee that can supply apprentices to the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.
The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.
RESOLUTION OF CONSTRUCTION CLAIMS
California Public Contract Code (PCC) section 9204 as adopted by Assembly Bill 626 prescribes a process to present, confer, and mediate all construction claims relating to the City’s public works project.
“Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or another public improvement of any kind. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested for (A) a time extension, including, without limitation for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or the amount the payment of which is disputed by the local agency. (PCC 9204(c)(1)) For any claim subject to this article, PCC section 9204 requires the following:
a) The claim shall be submitted by the Contractor in writing, sent by registered mail or certified mail with return receipt requested and must include the documents necessary to substantiate the claim. Nothing in this subdivision is intended to extend the time limit or supersede notice
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requirements otherwise provided by contract for the filing of claims. However, upon receipt of a claim, the City, and the Contractor may, by mutual agreement, extend the time period provided by statute.
b) For claims of all amounts, the City shall respond within 45 days of receipt of the claim, and provide the claimant a written statement identifying which portion of the claim is disputed and which portion of the claim is undisputed. If the City requires approval from the City Council, and the City Council does not meet within the 45-day period to respond, the City shall have up to three days to issue its response following the City Council meeting. c) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. d) If the claimant disputes the City’s response, or if the City fails to respond within the time limits provided, the claimant may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand must be sent in writing by registered or certified mail, return receipt requested. Upon receipt of a demand, the City must schedule a meet and confer conference within 30 days for settlement of the disputed claim. e) Within 10 business days following the conclusion of the meet and confer conference, if any portion of the claim remains in dispute, the City shall provide the claimant an addition written statement identifying the portion of the claim that is undisputed and the portion that remains in dispute.
f) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. g) Any remaining undisputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation in which the parties share the cost evenly. The City and the claimant shall mutually agree on a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree, each party shall select a mediator and those mediators shall jointly select a qualified, neutral third party to mediate the remaining undisputed claim. Each party shall bear the respective 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 applicable procedures outside of PCC section 9204.
Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under PCC Section 20104.4 to mediate after litigation has been commenced.
PCC Section 9204 does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties’ dispute.
Should the City fail to respond to a claim, or fail to issue written statements as required, the Contractor’s claim is deemed denied. A claim denied by reason of the City’s failure to respond shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
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Amounts not paid in a timely manner as required by PCC 9204 shall bear interest at seven percent per annum.
NOTICE OF THIRD-PARTY CLAIMS
In accordance with PCC Section 9201, the City will provide timely notification to Contractor of the receipt of any third-party claim relating to the Agreement. The Contractor agrees to reimburse the City for its reasonable costs incurred in providing such notice.
CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.
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CITY OF LAGUNA HILLS
SPECIAL PROVISIONS
FOR
SPECIFICATIONS FOR
COMMUNITY CENTER AND SPORTS COMPLEX SITE IMPROVEMENTS RE-BID, CIP NO. 237
PART 1 - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS.
City - City of Laguna Hills
Board - City Council
Caltrans - California Department of Transportation
County - County of Orange
Engineer - City Engineer
Federal - United States of America
State - State of California
Contractor - Contractor, its workers, employees and agents Project - Community Center and Sports Complex Site Improvements 1-3 ABBREVIATIONS.
1-3.2 Common Usage. [Add the following to this section]:
MUTCD - Manual of Uniform Traffic Control Devices, including the California Supplement
OCPW - Orange County Public Works Department
SPPWC - Standard Plans for Public Works Construction
SSPWC - Standard Specifications for Public Works Construction FHWA - Federal Highway Administration
HUD - Housing and Urban Development
1-7 AWARD AND EXECUTION OF CONTRACT.
Within three (3) days of bid opening contractor must submit:
• If a bid bond is submitted with a 10% of Bid designation for the amount as noted in the City Approved Bid Bond form, a revised Bid Bond with numerical dollar values, both in words and with digits, shall be submitted to the City within three (3) days of bid opening.
Within five (5) working days after the date of the Notice of Apparent Low Bidder, the Contractor shall execute and return the following documents to the City:
• All Insurance Requirements set forth herein
• Two (2) Original Signed Contract Agreements
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Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following documents to the City:
• Faithful Performance Bond
• Material and Labor Bond
• Construction Schedule
• Traffic Control Plan
• Water Pollution Control Plan
• Form W-9
• Encroachment Permit Application
• Construction Materials Submittals
FAILURE TO COMPLY WITH ALL OF THE ABOVE WILL RESULT IN ANNULMENT OF THE
AWARD AND FORFEITURE OF THE PROPOSAL GUARANTEE AT THE SOLE DISCRETION OF City.
The Contract Agreement shall not be considered binding upon the City until executed by the authorized City officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so. 1-7.2 Contract Bonds. [Replace section with the following]:
Both the Faithful Performance Bond and the Material and Labor Bond shall each be for not less than one hundred percent (100%) of the total Contract amount. The Material and Labor Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithful Performance Bond will be held for one year after the date of recordation of the Notice of Completion.
Prior to the acceptance of any bond, the City shall verify that the surety is an admitted surety in the State of California. If requested by the City, the Contractor shall provide other information specified in the Code of Civil Procedure Section 995.660 to enable the City to verify the sufficiency of the bond.
Should any bond become insufficient, the Contractor shall correct the insufficiency within ten (10) calendar days after receiving notice from the City. The Contractor shall provide the City with evidence of the correction within ten (10) calendar days of said correction. Should any surety at any time be unsatisfactory to the City, written notice will be given to the Contractor to that effect.
No further payments shall be deemed due or will be payable under the Contract until Contractor submits an acceptable bond from a surety accepted by the City. Changes to the work or extensions of time made pursuant to the Contract Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
SECTION 2 – SCOPE OF WORK.
2-1.1 PLANS AND SPECIFICATIONS [Add the following to this section]:
The Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-constructed conditions.
Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement has been met.
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2-2 PERMITS. [Add the following to this section]:
Prior to the start of any work, the Contractor shall take out the applicable City and State permits and make arrangements for City and State inspections. Requests for inspections shall be made to the City at least 24 hours in advance of need. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City will waive any City permit fees.
Further, Contractor shall ensure that its employees, agents, contractors, and subcontractors conduct themselves in compliance with such laws and licensure requirements including, without limitation, compliance with laws applicable to nondiscrimination, sexual harassment, and ethical behavior throughout the duration of the Contract. Contractor shall not retain or employ an unlicensed subcontractor to perform work pursuant to this Contract. Contractor shall notify the City immediately and in writing of its employees’, agents’, contractors’ or subcontractors’ inability to obtain or maintain, irrespective of the pendency of any appeal, any such licenses, permits, approvals, certificate, waivers, and exemptions that may be required. Such inability shall be cause for termination of this Contract
2-3 RIGHT-OF-WAY. [Add the following to this section]:
The City will acquire all rights of way, easements and rights of entry as required for this Project.
The Contractor shall verify that the acquisition(s) is completed prior to beginning any work outside of the public right of way. All cost for re-mobilization, downtime, etc. due to delays in obtaining the required rights of way, easements and rights of entry shall be included in all other items of work and no additional compensation will be allowed. In the event the required easements have not yet been acquired by the City, the Contractor shall conduct its operation so as to confine its work to the limits of the existing right-of-way.
2-8 EXTRA WORK.
2-8.2 Payment.
2-8.3 Markup.
(a) Work by Contractor. [Add the following to this section]: The following percentages shall be the maximum added to the Contractor's costs 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 subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. [Add the following to this section]: When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the
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subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.
The costs of rental equipment shall not exceed the equipment rental rates in the surcharge and Equipment Rental Rates, as published by the State of California Business, Transportation, and Housing Agency and the California Department of Transportation, Division of Construction for the current fiscal year.
2-10 DISPUTED WORK. [Add the following to this section]:
If the Contractor and the City are unable to reach an agreement on disputed work, the City may direct the Contractor to proceed as directed. The City shall have the option, at its own discretion, to pay for said work through unilateral change order executed by the City after conducting its own analysis of the reasonable costs thereof. Although not to be construed as proceeding under extra work provisions in Section 3-3, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.
In any case where the Contractor believes extra compensation is due the Contractor for work or materials not clearly covered in the Contract, or not ordered by the City as “extra work”, the Contractor shall notify the City in writing of the Contractor's intention to make claim for such extra compensation before the Contractor begins the work on which Contractor bases the claim. If such notification is not given, or the City is not afforded proper supporting documentation by the Contractor for keeping strict account of actual cost, then the Contractor shall be deemed to have waived the claims for such extra compensation. Such notice by the Contractor, and the fact that the City has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. The validity of the claim must be determined by the City. If the City determines that the claim is well founded, it shall be allowed and paid for as “extra work”; if the City determines that the claim is not well founded, it shall be disallowed and not paid.
SECTION 3 – CONTROL OF THE WORK.
3-10 SURVEYING.
3-10.4 Permanent Survey Markers. [Add the following to this section]:
Prior to start of construction, the Contractor shall inventory all existing survey monuments and ties within the Project limits. Monument records are for information purposes only, and can be provided by the City upon request. The Contractor is responsible for ensuring that all survey monuments and ties are restored. The Contractor shall file a Corner Record Form referencing survey monuments subject to disturbance in the Office of the County Surveyor. A copy of the filing shall be provided to the City prior to commencement of any work.
The Contractor shall obtain prior approval from the Engineer before setting new survey monuments. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey marker is located, the Contractor shall install a new survey monument
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to the new grade within seven (7) days of finished paving. The survey monument shall be installed to match the existing type destroyed. The Contractor will then reset ties and file a Corner Record Form in the Office of the County Surveyor.
3-10.5 Survey Services. [Add the following to this section]:
The Contractor will provide the initial surveying and the initial construction staking, if required for the construction of this Project. The cost of any additional surveying and/or construction staking primarily for the convenience of the Contractor and for replacement of stakes lost for any reason will be the responsibility of the Contractor. The Contractor shall make all requests in writing for construction stakes at least 48 hours in advance of the day required.
The Contractor shall be responsible for the finished work's conforming to the lines, grades and benchmarks given by the Engineer. The Contractor shall establish supplementary benchmarks, elevations, lines and grades and any other necessary controls which are not established by the Engineer and which are necessary to complete the work. Compensation for above work by the Contractor shall be included within the various items of work and no additional compensation will be allowed.
SECTION 4 - CONTROL OF MATERIALS
4-3 INSPECTIONS.
4-3.1 General. [Add the following to this section]:
The City will pay for inspection and materials testing. The Contractor shall pay for retests and reinspections due to failure to meet Specifications. If the Contractor elects to work under this Contract more than 8 hours/day or more than 40 hours/week, Saturday, Sunday, or City holidays, it shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees as provided by the Material Inspector and City Engineer. When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. A 24 hour advance notice will be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor is directed by the City to work under this Contract more than 8 hours/day or more than 40 hours/week, the Special Inspection Fee requirements will be waived.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS. [Add the following to this section]:
The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
5-3 LABOR.
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5-3.3 Payroll Records. [Add the following to this section]:
Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. Verified payroll records shall be submitted to the City by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
5-4 INSURANCE.
5-4.5 Compliance with Insurance Requirements. [Add the following to this section]:
Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any work or services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5-4.5.1Types of Insurance Required. [Add the following to this section]:
As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (Insurance Services Office form CG 00 01) written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) in the general aggregate, and four million dollars ($4,000,000.00) for completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance (Insurance Services Office form CA 001) written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its
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workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5-4.5.2 Acceptability of Insurers. [Add the following to this section]:
Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Line Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City.
Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5-4.5.3 Insurance Endorsements. [Add the following to this section]:
Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(2) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(3) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for completed operations to effectuate this requirement.
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5-4.5.4 Deductibles and Self-Insured Retentions.
Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5-4.5.6 Primary and Non-Contributing Insurance.
All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.
Policies shall contain or be endorsed to contain such provisions. 5-4.5.7Waiver of Subrogation.
All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subcontractors. 5-4.5.8Evidence of Coverage.
Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage. 5-4.5.9 Requirements Not Limiting.
Requirement of specific coverage or minimum 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. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
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5-4.5.10 Enforcement of Agreement (Non-Estoppel).
Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder. 5-4.5.11 Insurance for Subcontractors.
Contractor shall either: (1) include all subcontractors engaged in any work or services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subcontractors performing any work or services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
5-4.5.12 Other Insurance Requirements.
The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
A. Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Contractor agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to
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monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement. 5-4.5.13 Contractor's Liability; City Not Liable; Claims Resolution A. Contractor’s liability. The Contractor shall be responsible for any loss or damage that may occur to:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property resulting from any cause which might have been prevented by the Contractor, including defects or obstructions at any time before completion of the work and its final acceptance.
B. City ordered precautions. If, in the opinion of the City Engineer, the precautions taken by Contractor are not safe or adequate at any time during the term of the Contract, the City Engineer may order the Contractor to take further precautions, and if the Contactor shall fail to do so, the City Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the City Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.
C. City not liable. The City shall not be answerable or accountable in any manner, for any loss or damage that may occur to any of the following from any cause which might have been prevented by the Contractor:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property.
D. Claims Resolution. From time to time during the period of this contract, the City and/or the Contractor may be served with third-party claims, as a result of alleged conduct by Contractor. The following procedures shall be followed by City and Contractor:
For claims received by Contractor:
(1) Contractor shall provide City on a monthly basis details regarding any claim for damages to persons or property, including, date claim made, date of alleged damages, type of damages, alleged cause of damages and, as claims are resolved, details regarding Contractor’s denial or payment of such claim and the reasons for denial or payment. (2) Contractor shall resolve or deny any claim received within thirty (30) days of receipt. If Contractor is unable to resolve a claim within the thirty (30) days set forth
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above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from the City.
For claims received by City:
(1) City shall process any claims received pursuant to Chapter 3-12 (Claims Against the City) of the Laguna Hills Municipal Code. (2) If after investigation of the claim, the City determines the Contractor is liable under this Contract, City shall tender the claim to the Contractor for proper handling and resolution.
E. Retention of Claimed Damages by City. The City may retain so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City until disposition has been made of such suits or claims for damages aforesaid.
5-7 SAFETY.
5-7.1.3 Traffic and Access. [Add the following to section]:
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
The Contractor shall notify in writing all affected property owners of the proposed construction schedule a minimum of forty-eight (48) hours, but not more than seventy-two (72) hours, in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the Engineer and shall contain the date and time of the closure. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for notification and coordination as per Section 7-10 as modified herein shall be included in the compensation paid for the various items of work and no additional compensation will be allowed. The "Notices" will be furnished by the Contractor.
Pedestrian access shall be maintained at all times during construction and shall be in accordance with the Americans With Disabilities Act.
5.7.2 Safety Orders
5.7.2.1 General. [Add the following to this section]:
The Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.
In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation which if five feet or more in depth and into which a person is required to descent.
In accordance with Section 6705 of the Labor Code, prior to any excavation involving an expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit to Engineer a written detailed
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plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.
Prior to beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the Project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing.
In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the Project.
In accordance with Section 7104 of the Public Contract Code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:
I. That the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
A. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the character provided for in the contract.
II. The local public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.
III. That, in the event that a dispute arises between City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 5-7.2.2.1 Storage of Equipment and Materials in Public Streets. [Add the following section]:
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The Contractor is required to, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case the Contractor shall submit to City written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work. Location of site to be approved by City. Condition and operation of yard shall conform to these specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-Project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to City. The Notice of Completion will not be issued until said release is submitted. 5-7.2.2.2 Street Closures, Detours, Barricades. [Add the following section]:
The Contractor shall perform lane closures and all traffic control operations in accordance with the applicable details in the California MUTCD, latest edition. No work shall be performed until the required lane closure traffic control has been installed and approved by the City. If the City does not feel that the Contractor is properly and safely implementing the MUTCD details, then work shall be stopped until such time as the Contractor can successfully remedy the deficiencies.
Portable delineators (traffic cones are not allowed), which conform to the California MUTCD, latest edition, shall be spaced as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed 25 feet. The minimum lane transitions shall be a 50 to 1 taper. Double base delineators will be required.
The Contractor shall schedule the order of his work such that no travel lanes are closed before 9:00 A.M. or after 3:30 P.M. daily. A minimum of one through travel lane and all turning lanes in all directions with flaggers will be required at all times. The same number of travel lanes currently in use shall be opened to traffic during non-working hours. No street closures shall be made unless indicated on the approved traffic control plans. The traffic signal and traffic signal detectors shall remain operational continuously during the construction, and traffic loops that require replacement shall be disrupted no more than 5 calendar days before their replacement.
No weekend work (day or night) will be allowed, unless otherwise specified on the Plans or as approved by the City.
The Contractor shall provide, at his expense, advanced warning signs advising the public of the impending major construction project and his proposed schedule. Said signs shall be posted at all major approaches to the construction zones a minimum of one week prior to the start of construction.
The Contractor shall designate at least one worker solely for the provision and maintenance of traffic control.
The Contractor shall be responsible for providing temporary access to all intersecting streets and driveways throughout the workday and at the end of each workday. A minimum of one access point shall be maintained for each commercial business during their normal business hours.
Pedestrian access shall be maintained at all times and temporary and permanent pedestrian access shall be in accordance with the Americans with Disabilities Act.
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The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineators and other necessary facilities for the protection of the public within the limits of the construction area and shall be maintained in a new or like new condition, free of damage and graffiti.
If the traffic delineators are damaged, displaced or not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.
The Contractor shall furnish competent flagmen to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warnings to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the California MUTCD. The equipment shall be furnished and kept clean and in good repair by the Contractor, at Contractor’s expense.
Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at its own expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices.
Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access.
1. Fire Department: Orange County Fire Authority, (714) 573-6000
2. Police Department: Orange County Sheriff’s Department, (714) 647-7000
3. School Districts: Saddleback Valley Unified: (949) 586-1234, Capistrano Unified: (949) 489- 7000
4. Trash Collection: CR&R, (877) 728-0446
5. Street Sweeping: Sunset Property Services, (949) 551-5151
6. Transit Operations: Orange County Transportation Authority (OCTA), (714) 560-6282
7. Fire Department: Station 18, (949) 858-9369
8. Mail Service: US Postal Service
The City Engineer may add additional entities to this list at his discretion.
All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction. Where construction detours and signing conflict with existing signing, the Contractor shall cover existing signs in a manner approved by the City. The Contractor shall also provide temporary traffic restriping, or reflective white or yellow plastic tabs, at the conclusion of each working day, if not sooner, as directed by the City, for any centerline, painted median or lane line that is obliterated by construction.
The Contractor shall maintain a 24-hour emergency service to remove, install, relocate, and maintain warning devices. No later than 10 days after the award of the Contract, the Contractor shall furnish to the City, names, and telephone numbers of three persons responsible for this emergency service. In the event these persons do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be responsible for any cost incurred.
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Prior to the start of each work day, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, etc., heretofore and hereinafter specified that is required for that particular day’s schedule of operations. No construction shall be permitted until such signing and detouring operations have been completed and approved by the City.
Personal vehicles of the Contractor's employees shall only be parked in an allowed area as delineated by the City, and shall not be parked on the traveled way at any time, including any section closed to public traffic.
The Contractor shall also ensure that access to all side streets and driveways are maintained at all times. Work in front of or within driveways and side streets shall be conducted in a manner where at no time is access to property denied. Portions of driveway approaches that are not ready to be opened for traffic at the end of the workday shall be steel plated per the requirements noted in the previous paragraph. The Contractor shall use temporary AC surfacing at his own expense for traffic control as required to maintain traffic in a safe non-disruptive manner.
SECTION 6 - PROSECUTION AND PROGRESS OF WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.0 General. [Add the following section]:
The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of Contract. 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 schedule shall establish the order of work which minimizes disruption of existing travel lanes.
Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.
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. Liquidated damages will be assessed pending receipt of any outstanding reports, as set forth in Section 6-9.1 below. 6-1.3 Construction Schedule (Critical Path Method) [Add the following section]:
The Contractor shall submit to the Engineer practicable critical path method (CPM) progress schedules in conformance with these Special Provisions. Whenever the term “schedule” is used in this section it shall mean CPM progress schedule illustrated by the Gantt Bar method. The schedule shall be prepared by qualified and experienced scheduling staff.
Schedules shall show the order in which the Contractor proposes to carry out the work with logical links between time-scaled work activities, and calculations made using the critical path method to determine the controlling operation or operations. The Contractor is responsible for assuring that
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all activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.
The Contractor shall produce schedules using computer software and shall furnish compatible software for the Engineer’s exclusive possession and use. The Contractor shall furnish network diagrams, narrative reports, tabular reports and schedule data as parts of each schedule submittal.
The number of activities shall be sufficient to assure adequate planning of the Project, to permit monitoring and evaluation of progress, and to do an analysis of time impacts.
Schedule activities shall include the following:
A. A clear legible description.
B. Start and finish dates.
C. A duration of not less than one working day, except for event activities, and not more than 40 working days, unless otherwise authorized by the Engineer.
D. At least one predecessor and one successor activity, except for Project start and finish milestones.
E. Required constraints.
F. Codes for responsibility, stage, work shifts, location and contract pay item numbers.
The Contractor may show a scheduled completion date that is later than the Contract completion date on an update schedule, after the baseline schedule is accepted. The Contractor shall provide an explanation for a late scheduled completion date in the narrative report that is included with the schedule.
The Engineer’s review and acceptance of schedules shall not waive any Contract requirements and shall not relieve the Contractor of any obligation thereunder or responsibility for submitting complete and accurate information. Schedules that are rejected shall be correct by the Contract and resubmitted to the Engineer within five (5) working days of notification by the Engineer, at which time a new review period of one week will begin.
Errors or omissions on schedules shall not relieve the contractor from finishing all work within the time limit specified for completion of the Contract. If, after, a schedule has been accepted by the Engineer, either the Contractor or the Engineer discovers that any aspect of the schedule has an error or omission, it shall be corrected by the Contractor on the next schedule.
Payment for the Project schedule and revisions/updates to the schedule shall be made under other items of work and no additional payment shall be made therefore. 6-1.4 Acceleration. [Add the following section]:
The City reserves the right to accelerate the work of the Contract at any time during its performance. In the event the City directs acceleration, such directive will be given to the Contractor in writing. The Contractor shall keep cost and other Project records related to the acceleration directive separately from the normal Project cost records and shall provide a written record of acceleration costs to the City on a daily basis.
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In the event the Contractor believes that some action or inaction on the part of the City constitutes an acceleration directive, the Contractor shall immediately notify the City in writing that the Contractor considers the actions or inactions an acceleration directive. The Contractor shall not accelerate their work efforts until the City responds to the written notification. If acceleration is then directed or required by the City, all cost records referred to in the previous paragraph shall be maintained by the Contractor and provided to the City on a daily basis.
In order to recover additional costs due to acceleration, the Contractor must document that additional expenses were incurred and paid by the Contractor. Labor costs recoverable will only be overtime or shift premium costs or the cost of additional laborers brought to the site to accomplish the accelerated work effort. Equipment costs recoverable will only be the cost of added equipment mobilized to the site to accomplish the accelerated work effort. 6-3 TIME OF COMPLETION.
6-3.1 General. [Add the following to this section]:
The time for completion shall be as set forth in the General Specifications. 6-3.2 Contract Time Accounting. [Add the following to this section]:
The Contractor's activities shall be confined to the hours between 8:00 AM and 4:00 PM, Monday through Friday, excluding holidays, unless otherwise specified. Work shall be prohibited any time on Saturday, Sunday or Federal Holidays except as provided herein. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property.
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 (premium time) including benefits, overhead, and travel time and are established based on the City’s current fee schedule or professional services agreement for construction inspection services. The service fees will be deducted from any amounts due the Contractor.
Construction activities during City Special Events may be restricted by City to exclude all or part of the work on primary arterial or access roads to the Special Events as determined by Engineer.
The Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule which may restrict his operation and shall adjust his schedule accordingly. The construction restrictions shall only be for the actual days the events occur. All costs for maintaining traffic control, protection of work site and re-mobilization shall be deemed as included in the lump sum contract for their respective items and no additional compensation will be allowed.
6-3.3 Completion, Acceptance, and Warranty. [Add the following section]:
Work will be deemed completed on the same date when the Notice of Completion is recorded with the County of Orange.
6-9 LIQUIDATED DAMAGES. [Add the following to this section]:
It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be
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sustained by the City. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the City $500.00. The Contractor shall also pay to the City $500.00 for each occurrence of work in the through or turning lanes in violation of these specifications as solely determined by City. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this contract. The Contractor and his sureties shall be liable for any excess cost. 6-9.1 Additional Liquidated Damages. [Add the following section]:
Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to follow a construction schedule or timely submit periodic progress reports as described in Section 6 of these Special Provisions.
Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to mobilize to the Project site within 10 working days of the date of the Notice of Proceed as specified in these Special Provisions.
Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to restore damaged utilities within three (3) working days as specified in Section 5 of these Special Provisions.
Additional liquidated damages shall be assessed in the amount of $500.00 per day for failure to comply with, or implement, or maintain the Storm Water Pollution Protection Plan (SWPPP) or Water Pollution Control Plan (WPCP), as required, by the City’s NPDES permit with the San Diego Regional Water Quality Board.
Additional liquidated damages shall be assessed in the amount of $500.00 per incident that the Contractor fails to install the Best Management Practices (BMP's) within 24 hours of notification as described in Section 7-8.6.2 of the Special Provisions.
SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment. [Add the following to this section]:
The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-constructed conditions. The City shall withhold from the final payment $15,000 in the event that the Contractor fails to return the control set of Plans and Specifications showing the as-constructed conditions.
SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract Agreement.
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At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the City, and deposited with a State or Federally chartered bank as the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the City, pursuant to the construction contract. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive interest thereon. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention. When the Contractor deposits the City approved securities with the escrow agent, the escrow agent shall notify the City within 10 calendar days of the deposit.
Said securities shall be evaluated quarterly by the escrow agent to verify the current market value.
If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for City approval, and be held in the escrow account to meet the Contractor's obligations. Said securities shall be held by the escrow agent until such time as the escrow agent receives written notification from the City that the Contractor has satisfactorily completed his contract obligations.
Alternatively, the Contractor may request and the City shall make payment of retention earned directly to the escrow agent at the expense of the Contractor. The Contractor may direct the investment of the payment into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor.
The type of securities deposited and the method of release shall be approved by the City Attorney's office.
The full five percent (5%) retention will be deducted from all payments. The City shall hold retainage from the Contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the Contract work, and pay retainage to the Contractor based on these acceptances. The Contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the City. Federal law (49 CFR Section 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code.
These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.
The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion. . The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
7-3.3 Delivered Materials. [Add the following to this section]:
Materials and equipment delivered but not incorporated into the work shall not be included in the estimate for progress payment.
7-3.4 Mobilization. [Add the following to this section]:
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Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site; for the establishment of all offices, buildings and other facilities necessary for the work on this Project; and for all other work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the Project site. Mobilization is deemed to include all aspects of mobilization and de-mobilization work occurring during the life of the Project for any reason.
Full compensation for mobilization shall be included in the Contract LUMP SUM price bid for Mobilization and shall include full compensation for all costs incurred by the Contractor for doing all the work involved in mobilization as specified herein, and no additional compensation will be allowed. Mobilization shall not exceed 5% of the entire bid, excluding mobilization and as shown in the Proposal Bid Sheet.
SECTION 9 – FACILITIES FOR CONTRACT PERSONNEL. [Add this section]:
9-1 EXTENDED FIELD OFFICE OVERHEAD COST.
Within fourteen (14) calendar days after receipt of the Notice to Proceed, the Contractor shall submit written statement to the City detailing its field office overhead costs which are time related.
The City will review this first cost submittal and reach a written agreement with the Contractor on a daily field office overhead cost rate which shall be memorialized in a no cost change order. The daily rate agreed to in this change order will be applicable throughout the duration of the Contract.
No field office costs will be paid until such an agreement is reached between the City and the Contractor and the change order concerning this daily rate is executed by both parties. Progress payments will be withheld pending receipt of the above-referenced cost submittal and executed change order.
The individual cost components of the daily field office overhead rate shall represent costs which increase as a direct result of any time extension caused solely and exclusively by an act or omission of the City. This listing may include such cost items as on-site project management, supervision, Engineering and clerical salaries; on-site utilities and rent; on-site company vehicles and their operating expenses; and site maintenance and security expenses. Field office overhead costs which are unaffected by increased time shall not be allowable cost in calculating the daily field office overhead rate. These non-time related costs include, but are not limited to, acquisition and installation of stationary equipment; temporary construction facilities; utilities and office furnishings (unless such items are rented or leased); the preparation of the site including clearing, grubbing, grading, fencing, mobilizations and demobilization costs; and the costs of permits, bonds and insurance coverage for the Project.
The individual wage cost components used to calculate the daily field office rate shall be supported by actual employee payroll records, not salary ranges or estimates. Hourly rates for management, supervisory, engineering, and clerical employees shall be based upon 2080 work hours per year and shall not include allowances for holidays, vacations, or sick time.
When applicable, the daily field office overhead rate shall be multiplied by the number of days the Contract is delayed or extended by change order and shall be added to the agreed upon change order cost. The days of delay shall be those caused solely by the acts or omissions of the City and documented by a time impact analysis prepared and submitted by the Contractor. In the event a deductive change order is issued which reduces time under the Contract, the daily field office
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overhead rate shall be used to calculate the deductive amount. No allowance for overhead costs and no profit allowance shall be added to the extended field office overhead cost.
SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR [Add this section]:
10-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.
10-1.1 General.
Conduct of the Work. The Contractor shall behave, at all times, in a courteous, professional manner. While on site, or entering or exiting the site, there shall be no extraneous activity that might cause disruption to the Project site, surrounding areas, or residents. Failure to comply may result in the suspension of work, or removal of contractor’s staff from the Project.
Noise Levels. A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
10-2 COOPERATION AND COLLATERAL WORK.
The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule its work and conduct its operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the City Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. 10-3 PROJECT SITE MAINTENANCE.
10-3.1 Cleanup and Dust Control.
The Contractor shall keep adjacent properties clean and free of rubbish and debris in a timely manner as necessary and/or as directed by the Engineer.
The Contractor shall implement effective handling, storage, usage, and disposal practices to control material pollution and manage waste and nonstormwater at the job site before they come in contact with storm drain systems and receiving waters. 10-3.1.1 Construction Cleaning [Add the following section]:
The Contractor shall:
(a) Initiate and maintain a daily program to prevent accumulation of debris on-site and along access roads and haul routes. Maintain areas under Contractor's control free of waste materials, debris, weeds 6” high, and rubbish. Maintain site in a clean and orderly condition. (b) Provide suitable covered containers for deposit of debris and rubbish. Dispose of accumulation of extraneous materials, prohibit overloading of trucks to prevent spillages on access and haul routes and provide daily inspection of haul routes to enforce requirements.
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(c) The Contractor shall supply self-loading motorized street sweepers equipped with a functional water spray system as part of his daily program. (d) Schedule at a minimum, weekly collection and disposal of debris. Provide additional collections and disposals of debris whenever the weekly schedule is inadequate to prevent accumulation.
The Contractor shall remove debris from closed or remote spaces prior to closing the space, control cleaning operations to minimize dust and other particulates and immediately remove clay and earth which adhere to the paved surface of the roadway. Remove by hand scraping, washing, sweeping, and/or other method(s) which will leave a clean non-skid surface without impairing, injuring or loosening the surface.
The Contractor is required to control dust throughout the life of the Contract. The control may be required by job conditions or City Engineer. In any case, the Contractor shall use water or other means to control the dust. No chemical agents may be used without written authorization from the Agency. The Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from inadequate dust control.
No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.
No separate payment will be made for any work performed or material used in cleaning the Project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefore. 10-4 WATER POLLUTION CONTROL
10-4.1 Best Management Practices (BMPs)
Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to this Project. This Project will require the Contractor to implement “Best Management Practices”.
The Contractor shall submit a Water Pollution Control Plan (WPCP) as detailed in Appendix A.
The Contractor shall confirm that all of the Best Management Practices (BMP’s) have been adequately detailed that addresses his or her anticipated construction operations and meets the intent of the NPDES requirements. The Contractor shall obtain a Notice of Intent (NOI) from the State Water Resources Control Board and pay all related fees. The NOI shall be submitted as part of the WPCP. After the Notice of Award, the Contractor shall submit to the City a finalized and signed WPCP, which establishes the construction BMP requirements, for review and approval. No work will be allowed to begin without an approved WPCP on file with the City.
The Contractor shall utilize Best Management Practices (BMP’s) outlined in the WPCP during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollution Control measures anticipated for this Project include, but are not limited to, covering all storm drain inlets in the Project vicinity with water permeable fabric and gravel bags prior to performing any adjacent AC grinding, removal or paving operations or PCC ramp lip grinding; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel/sand bags on-hand when excavating new PCC
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sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring agents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work area and haul routes to the satisfaction of the Owner’s Representative.
The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.
1. San Diego Regional Water Quality Control Board
2. County of Orange
10-4.1.2 Payment
Full compensation for conforming to Subsection 7-8.6, including providing all necessary Best Management Practices shall be considered as included in the Contract LUMP SUM price for Best Management Practices and shall include finalizing and implementing the WPCP in accordance with the “Draft” WPCP and as detailed herein, and shall include full compensation for encroachment permit processing as related to the WPCP, furnishing all labor, tools, materials, and incidentals for implementing said approved / finalized WPCP. 10-6 CONTRACTORS RESPONSIBILITIES FOR WORK
Until Acceptance of the Work, the Contractor shall have the responsibility, charge and care of the Work and of the materials to be used therein (including materials for which it has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss or damage to any part thereof by the 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 make good all injuries, losses, or damages to any portion of the work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the work or materials from damage, the Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the City Engineer, the Contractor shall at his expense properly store materials which have been partially paid for by the City or which have been furnished by the City.
Such storage by the Contractor shall be on behalf of the City, the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization from the City.
In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act as though instructed to do so by the City.
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PART 2 - CONSTRUCTION MATERIALS
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class and Alternate Class. [Add the following]:
The class of concrete shall be 520-C-2500 with a maximum slump of four (4) inches for all sidewalks, curbs and gutters. The class of concrete shall be 560-C-3250 or as specified by the Engineer for all foundations, driveways, and cross gutters. The concrete for the cross-gutters and driveways shall be designed for early high strength. 201-1.1.3 Concrete Specified by Special Exposure. [Add the following]:
Test for Portland Cement Concrete
1. All material shall comply with Orange County Standards, American Concrete Institute (Act 1) and Uniform Building Code.
2. Product Data:
a) Submit complete materials list of items proposed for the work. Identify materials source.
b) Submit admixture, curing compound, retarder, and accessory item product data.
c) Submit material certificates for aggregates, reinforcing, and joint fillers.
3. Submit concrete delivery tickets. Show the following:
a) Batch number
b) Mix by class or sack content with maximum size aggregate c) Admixture
d) Air content
e) Slump
f) Time of loading
4. Submit concrete test reports.
5. Provide field quality control testing and inspection during concrete operations.
6. Contractor shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test agency and their representatives in execution of their function.
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7. Testing:
a) Provide slump test on first load of concrete delivered each day and whenever requested due to changes in consistency or appearance of concrete.
b) Provide air indicator test and air meter tests for all air entrained concrete. i) Perform air indicator test with a “Chase” AE 35 or equal air indicator, and air meter test in accordance with ASTM C231 or 173. Test first load of concrete delivered each day.
ii) Furnish copies of field records and test reports as listed for strength tests.
c) Strength Testing:
i) Provide 1 set of 3 test specimens for each 50 cubic yards placed in any one day. Secure samples in accordance with ADTM C31. ii) Test 1 specimen at 7 days and 2 specimens at 29 days in accordance with ASTM C39.
iii) Furnish copies of field records and test reports as follows:
2 copies to City’s representative
1 copy to Contractor
1 copy to Ready Mix supplier
d) Record the exact location of the concrete in the work represented by each set of cylinders and show on test reports.
e) Provide an insulated moist box for protection of the test cylinders until shipped to the laboratory.
201-1.2 Materials
201-1.2.1 Portland Cement. [Replace the first sentence of the first paragraph]:
All cement to be used or finished shall be Type V.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.2 Premolded Joint Filler. [Replace with the following]:
The Contractor shall use ¼” bituminous type expansion joint filler only. 201-4 CONCRETE CURING MATERIALS
201-4.1 Membrane Curing Compounds.
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Contractor shall use TYPE II “Hunts” clear curing compound, unless otherwise specified by the Engineer.
SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS
211-1.1 Laboratory Maximum Density. [Replace with the following]:
Laboratory maximum density tests shall be performed in accordance with Test Method No. Calif. 216G, Part II. The correction for oversized material as stated in Test Method No. Calif. 216 shall be replaced with Note 2 of ASTM D 1557. 211-1.2 Field Density. [Add the following paragraph]:
Field density tests will be made by the Engineer during the course of construction at the expense of the Agency. If field density tests indicate that any portion of the compacted subgrade has density lower than that specified, the Contractor shall rework that portion until the specified density is obtained. Retest of areas which have failed compaction will be performed by the Engineer at the Contractor’s expense. The Contractor’s compensation may be reduced for asphalt concrete compaction not in conformance with these specifications in accordance with the CalTrans Compaction Reduction Procedure.
SECTION 215 - PRE-MANUFACTURED ITEMS [Add new section:] 215-2 Site Furnishings
215-2.0 "Or Approved Equal" Provision
Throughout these Specifications, various types of products are specified with a an "Or Approved Equal" provision. It shall be the CONTRACTOR'S responsibility to verify the equality of suitability of any non-specified product or fixture in advance of installation or bidding by confirming its approval by the CITY. Failure to do so shall be grounds for rejection of the installation.
215-2.1 Benches
Benches shall be of the type as specified in the Plans, manufactured by Wabash Valley, Bench Model WIO116C, 8’ long, with Surface-mount legs, and armrests at both ends and in the center. Benches shall be Straw in color with textured black frames. Contact Dave Bang Associates, Alex Beron (800) 669-2585, x3111. 215-2.2 Picnic Tables
Picnic Tables shall be of the type as specified in the Plans, manufactured by Wabash Valley, Picnic Table Model #SG111D, 8’ long, with Surface-mount legs. Picnic tables shall be Straw in color with textured black frames. Contact Dave Bang Associates, Alex Beron (800) 669-2585, x3111.
ADA Picnic Tables shall be of the type as specified in the Plans, manufactured by Wabash Valley, Picnic Table Model #SG115D, 7’ long, with Surface-mount legs. ADA Picnic tables shall be Straw in color with textured black frames. Contact Dave Bang Associates, Alex Beron (800) 669-2585, x3111.
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215-2.3 Drinking Fountain
Drinking Fountain shall be of the type as specified in the Plans, manufactured by MDF, Drinking Fountain Model #440 SM. Drinking Fountain shall be Green in color. Contact Most Dependable Fountains, Inc., (901) 867-0039.
SECTION 218 – PLAYGROUND SURFACING [Add new section as follows]:
216-1 RESILIENT SURFACING
216-1.1 General
216-1.1.1 Section Includes:
1. Seamless resilient playground surfacing
2. Cushion Pad & color wear course
216-1.1.2 Qualifications
216-1.1.2.1 Manufacturer
1. Surface America Inc. (800) 999-0555 or approved equal.
2. Company with minimum of five years documented history of producing resilient playground surfacing complying with criteria of this Section.
3. Company with minimum of ten Southern California installations in use for a minimum of five years using resilient playground surfacing complying with this Section.
4. Standards - The resilient surfacing must meet the requirements and recommendations of the applicable portions of the latest editions of standards by the American Society for Testing and Materials - ASTM - F355/86, and ANSI AC@ Head Form. The surfacing must also meet CPSC and ADA requirements.
216-1.1.2.2 Installing Contractor
1. Installation by factory-trained staff is required and by a company specializing in the specified systems with five years documented experience.
2. Contractor must have a current California Contractor License C61 / D12 for synthetic surfaces.
216-1.1.2.3 Factory Representative
1. Systems manufacturer shall provide a factory representative for substrate review and field installation quality assurance as specified within these specifications.
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216-1.1.3 Submittals
216-1.1.3.1 Provide All Submittals as Specified Below
1. Prior to preparing final submittals, meet with Landscape Architect to establish final colors and all other related operational considerations.
216-1.1.3.2 Resilient Playground Surface.
1. Submit complete list of proposed materials for resilient surface system. Include certification that all products used comply with current air pollution/VOC regulations required by the local jurisdictional authority.
2. System Rating: Provide certification of compliance with specified impact testing criteria.
3. Submit manufacturer's installation instructions.
4. Submit sample, 2 x 4 inches, illustrating color options and variation. 216-1.1.4 References
216-1.1.4.1 Organization and Trade Standards.
Standard Specifications for Public Works Construction, 2012 edition, with all local agency amendments (herein referred to as “Standard Specifications”). 216-1.1.5 Operation And Maintenance Data
Submit cleaning and maintenance data.
Include procedures for stain removal, repairing surface, and cleaning. 216-1.1.6 Delivery, Storage, And Handling
1. Deliver products to site under provisions of the General Conditions.
2. Store and protect products under provisions of the General Conditions.
3. Store materials in a dry, secure area.
4. Maintain minimum temperature of 60 degrees F.
216-1.1.7 Environmental Requirements
1. Install surfacing systems in accordance with ambient environmental criteria required by manufacturer.
2. Restrict traffic from area where surfacing has been installed for a period of ten days after installation.
216-1.1.8 Warranty
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Provide Warranty for five (5) years against all defects in materials and workmanship, including such defects as bubbling, delamination, peeling, loss of integrity, serious color fading, and poor UV stability. This Warranty does not include normal wear and tear and acts of vandalism.
216-1.1.9 Products
216-1.1.9.1 Manufacturer.
Manufacturer's product "PLAYBOUND" Impact Absorbing Playground Surfacing, or approved equal.
216-1.1.9.2 Type.
Seamless, polyurethane, seamless synthetic wearing course applied over shock-absorbent seamless cushion course.
216-1.1.9.3 Series.
PLAYBOUND poured in place resilient surfacing.
216-1.1.9.4 Color Wear Course Characteristics.
1. Thickness: Minimum cured thickness 1/2", as detailed.
2. Mix Characteristics: Mix proportions to provide 100 percent coverage of each particle. 216-1.1.9.5 Cushion Course Characteristics.
1. Thickness: 2” minimum cured thickness: See Plans for various thicknesses.
2. Mix Characteristics: Mix proportions to provide 100 percent coverage of each particle, with approximate mix ratio of 80 percent particles, 20 percent binder. 216-1.1.9.6 Materials
1. Playbound Poured-in-Place Primer: A single component moisture cured polyurethane primer.
2. Playbound Poured-in-Place Binder: An elastic polyurethane pre-polymer with minimal odor, excellent weathering and binding characteristics. Binder shall be 100% MDI based and contain 0% TDI monomers. NOTE: TDI is listed as a carcinogen with OSHA and the IARC. Special handling is required with more than .1% TDI
3. Playbound Poured-in-Place black SBR: Shall be recycled SBR rubber. a. Shall be ground at ambient temperature.
b. Shall be ground into 3/8" shredded stands and contain less than 4% dust. c. Shall be transported in suitable bags to protect from moisture.
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4. Playbound Poured-in-Place EPDM rubber: Shall be stable. a. Typical size: 1-3mm or 1-4mm (some colors also available in .5–1.5mm).
5. Playbound Poured-in-Place System
a. Shall have been tested for shock attenuation under ASTM F 1292 G-Max and HIC. b. Shall be non-slip and porous.
c. Shall have Class B fire rating (Class A available as special order). d. Shall have been tested for shock attenuation under ASTM F 1292 G-Max and HIC. 216-1.1.9.7 Technical Requirements
Shall have the following technical specifications:
A. THERMAL RESISTANCE:
ASTM C 518-76
R=2.32
B. THERMAL CONDUCTIVITY:
ASTM D257
K=0.75
C. ELECTRICAL CONDUCTIVITY:
Slemans Meter
1.1x 10.4
D. COMPRESSION ENDURANCE:
(10,000 cycles w/10 ton load)
No deterioration
E. FLASH POINTE: Between 650°/800°F
F. FLAME SPREAD/SMOKE
DENSITY:
Federal Spec LLL-T-43, Type II
Class 1 Pass
G. FLAMMABILITY:
(CST London 90609/1)
Greatest radius: 1" (25mm) Classified: Best
Category of Flammability
H. ABRASION RESISTANCE:
(ASTM D 1044)
0.3812 G Loss
I. SPIKE RESISTANCE: According to Otto Graff Institute/Stuttgart approved for ¼" spike
J. FLEXIBILITY FACTOR:
(ASTM F 147)
0-1
K. ACCELERATED WEATHERING:
(2500 hours)
No change
L. DURABILITY:
(CST London 90609/1)
Wear Index (g/1000 revolutions)
Unaged: 1.64 Air aged: 2.40
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M. WATER AGED: 1.61 UV aged: 1.92 Pass/approved
N. WATER PERMEABILITY:
( DIN 18035 Part G)
1.7 ltr./sec./sq.meter (0.4 gal./sec./sq/yd.)
O. THERMAL STABILITY RANGE: -50° C to 100° C (-58°F to 212°F) P. FREEZE/THAW:
(-50°C (58°F), 40 cycles)
No charge
Q. COEFFICIENT OF FRICTION:
(ASTM D 2047-82)
1.0 dry 0.9 wet
R. SLIP RESISTANCE:
(CST London, 90609/1)
65-70 units/approved
S. TENSILE, psi:
(ASTM D 412)
200 psi (top surface)
T. ELONGATION: 173%
U. TEAR STRENGTH: 64 psi typical (base mat)
NOTE:
ASTM American Standard for Testing Materials
DIN Deutsche Industry Norm (German Industrial Standards) CST Center for Sports Technology (Member of the ISS-International Association for Sports Surface Sciences).
The values shown represent current production laboratory-taken tests which may vary slightly where field-tested.
1. Flame Spread: Class A Flame Spread rating per ASTM E 108.
2. Combustibility: Comply with ASTM D 2859 test method, with no specimens extending closer than one inch to edge of test frame.
3. Impact Resistance: Comply with ASTM F 1292-93, for fall heights as scheduled.
4. Slip Resistance: Maximum value of 0.90 wet, 1.0 dry, per ASTM D 2047 (James Machine), or approved equal.
216-1.1.9.8 Accessory Products.
Primers/Joint Detailing: Provide materials as recommended by manufacturer for application.
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216-1.1.9.9 Texture and Color.
1. Color layer to match existing wear course. Color samples shall be submitted to the landscape architect for approval.
2. Texture: Uniform troweled texture, free of skips, ridges, or gaps.
PART 3 - CONSTRUCTION METHODS
300-1 CLEARING AND GRUBBING
300-1.3.2 Requirements. [Add the following]:
(d) Miscellaneous
In addition to the work outlined in subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item:
(1) Mobilization/demobilization including multiple occurrences of mobilization/demobilization.
(2) Clearing, removal, and disposal of debris generated from the work. (3) Hand removal and disposal of all vegetation, trees, tree roots, trash and other objectionable material from the affected portion of the project and areas adjoining thereto on a daily basis.
(4) Protection of existing plant materials and fencing. (5) Preparation of a Stormwater Pollution Prevention Plan. (6) Sediment and erosion control implementation, Water Quality Best Management Practices and compliance with NPDES and State Construction Permit. (7) Protection and maintenance of existing improvements, including but not limited to fencing, storm drains, parking lot, sidewalks, utilities, and traffic controls within the construction zone, except those specifically directed by the Engineer to be removed or relocated.
(8) Maintain dust control at all times. Developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work.
(9) Daily clean up of work site. Daily litter removal. Daily street sweeping. Recycling of waste materials and provisions for refuse containers. (10) Preparation of a Traffic Control Plan and providing and maintaining traffic control and all signs, barricades and flashers necessary to maintain proper control and issuance of notices of access changes or parking space closures.
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(11) Notices to property owners, coordination with others and coordination with utility companies.
(12) Surveying for establishment of line and grade (if any). (13) Submittal of a Parking Management plan that outlines a minimum of 75% of parking spaces to remaining available at all times during course of work. (14) Other items of work as directed in these Special Provisions. 300-1.4 Payment. [Add the following]:
Unless otherwise specified, compensation for clearing and grubbing shall be paid for at the LUMP SUM contract price and no additional compensation will be allowed. Payment shall include full compensation furnishing all labor, materials, tools, equipment and doing all work involved in clearing and grubbing as specified. Payment shall be limited to not more than 50.0% per progress payment.
300-2 UNCLASSIFIED EXCAVATION
300-2.2 Unsuitable Material [Add Subsection 300-1.3.2(a). “Bituminous Pavement” as Subsection 3090-2.2.3 and amend as follows]:
The areas and quantities shown on the plans are given only for the Contractor’s aid in planning the work and/or preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedence over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Spilled or loose blocks of pavement and pavement cracks wider than 3/8 inch will be deemed justification for extending or adding to the removal and replacement of asphalt or Portland cement concrete pavement.
The areas indicated for removal and replacement shall be excavated to the full depth of the proposed pavement section for asphalt concrete removal and replacement. Where directed by the Engineer, additional aggregate base and/or native soil shall be removed to correct a subsurface problem.
300-2.6 Surplus Material. [Add the following]:
All surplus material shall be disposed of in a legal manner at the expense of the Contractor. 300-2.9 Payment
Payment for all unclassified excavation or fill, saw cutting, hauling, and disposal shall be included in the unit price for the various items of related work and no additional compensation will be allowed therefore.
SECTION 301 – TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF
BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction. [Add the following paragraph after the first paragraph]:
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Existing or new subgrade shall be compacted to 95% relative compaction in the top 12” of subgrade. Compaction requirements shall be as specified in Subsection 211-2.3 of the Standard Specifications.
301-2.4 Measurement and Payment. [Add the following]:
Payment for subgrade specifications shall be included in the unit price for the various items of related work and shall include full compensation for all labor, materials, equipment, and compaction for doing all work for setting the base.
SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, V-DITCHES, CROSS GUTTERS, WHEEL
STOPS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements.
303-5.1.1 General. [Add the following paragraph]:
Construction of Portland Cement Concrete curb and gutter, rolled curb, cross gutter, sidewalk, driveway approach, driveways, tree wells, v-ditches, and access ramps shall be constructed in accordance with the Contract Documents as modified herein and shall include the removal and replacement of 12” wide by 12” deep by “length of work of PCC” of deep lift AC paving.
Contractor shall take note that there are a variety of concrete sidewalk finishes and colors at the various locations of the identified work. Contractor shall match the existing color, texture and finish of the concrete being replaced.
Sawcutting, excavation, grading, preparation of subgrade and installation of crushed aggregate base if necessary for the construction of these items shall be included in each corresponding bid item and no additional compensation will be made therefore.
All cement products shall be Type V.
Curing compound shall be Type II conforming to the provisions in Section 201-4, “Concrete Curing Compound,” of the Specifications. Contractor shall exercise caution in using such curing compounds so as to avoid spraying any cars which may be parked adjacent to the work site.
Contractor shall match existing curb face height and gutter width.
The Contractor shall schedule his operations so that P.C.C. work shall be constructed within forty-eight (48) hours subsequent to removals at any given locations.
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As soon as the concrete will allow, strip the forms and trowel smooth the curb face and top. Tool the edges of expansion joints with an approved 1/8 edging tool.
After curing, AC deeplift shall be placed per pave-out detail. Completed curb and gutter, curb, sidewalk, cross-gutter, v-ditches, and driveways shall be protected from damage until accepted.
Concrete curbs, walks, gutters, v-ditches, wheel stops, and driveways shall conform to the Standard Specifications as modified by OCPW Standard Plan 1803 and herein. Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 of the Standard Specifications.
Access ramps shall be constructed in accordance with Caltrans Standard Plan RSP A88A or equivalent, monolithic pour of curb and gutter and ramp, including a back-of-walk retaining curb and sidewalk as directed and as needed, and including cast in place blue truncated dome panels by Armor-Tile.
Any irrigation system damages shall be repaired to City’s satisfaction. 303-5.2 Forms.
303-5.2.1 Standard Forms. [Add the following]:
1. Use flexible metal, 1" lumber or plywood forms to form radius bends.
2. Install, align and level forms, stake and brace forms in place. Maintain following grade and alignment tolerances.
a) Top of Form: Maximum 1/8" in 10'-0".
b) Vertical Face: Maximum 1/4" in 10'-0".
3. The Contractor shall include all fine grading and compaction with regard to setting forms during concrete placement.
303-5.4 Joints.
303-5.4.1 General. [Add to the first paragraph]:
The surface sidewalks shall be marked into rectangles of not less than 12 square feet nor more than 20 square feet with a scoring tool which will leave the edges rounded or scored to match the adjoining sidewalk.
A monolithic pour of sidewalk and curb and gutter shall not be permitted except at the access ramp locations.
303-5.4.2 Expansion Joints. [Modify second paragraph as follows]:
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The expansion joints consisting of pre-molded Expansion Joint Filler (Bituminous Fiber Type) ¼-inch thick, shall be installed on all curb, gutter, and sidewalk as specified below:
1. At beginnings and ends of all curb and sidewalk returns.
2. Adjacent to walls and buildings at locations where sidewalk is constructed over the full width between the curb and walls.
3. As an alternate to weakened plane joints.
4. At a maximum of twenty (20) feet spacing in the curb and gutter.
5. At any other location where required by the Engineer.
Provide expansion joints using pre-molded joint filler at concrete work abutting curbs, walks, and other fixed objects.
1. Locate expansion joints as indicated. When not indicated, provide joints at maximum 10'-0" on center for curbs and walks. Align joints in abutting curbs and walks.
2. Install joint fillers full-width and depth of joint. Recess top edge below finished where joint sealants are indicated.
3. Install joint fillers full-width and depth of joint. Provide top edge flush with adjacent finished surface.
4. Provide joint fillers in single lengths for the full slab width, whenever possible. Fasten joint filler sections together when multiple lengths are required.
5. Where intersecting joints occur, joint top edge and continue any spliced joints without deviation of form line or direction.
6. Protect the top edge of the joint filler during concrete placement. 303-5.9 Measurement and Payment. [Amend paragraph with the following]:
The compensation for the removal of existing sidewalk, curb and gutter, local depression, ramps, driveway approach, driveway, cross-gutter, v-ditches, including removal of tree roots, protection of irrigation, and repair of irrigation damaged by the contractor, including saw-cutting to construct sidewalk, curb and gutter, curb, driveway approach, driveway, cross-gutter, v-ditch, and access ramp with blue truncated dome panels by Armor-Tile, the use of high early strength concrete and removal, protection, and reinstallation of bus bench and trash receptacle, if any, and the matching of concrete color, texture and finish shall be included in each corresponding bid item, and no additional compensation shall be allowed.
The price bid for Concrete Surfacing to include full payment for all materials, labor, equipment and incidentals to remove existing equipment and construct concrete improvements.
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303-7.1 General
All excavation, backfill and other earthwork incidental to performance of the work shall conform to the requirements of “Earthwork” Section 300.
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES.
310-5.6 Painting of Play Equipment Frames. [add new subsection:] 310-5.6.1 General. [Add the following]:
1. Rough the frame surfaces to be painted with 180 grit sandpaper.
2. Clean frame surfaces with M.E.K. (Methyl Ethyl Ketone).
3. Liquid paint shall be catalyzed polyurethane. The catalyst shall be for outdoor use so that the paint will be U.V. stabilized.
4. Apply 2-coats per the polyurethane paint manufacturer’s application instructions.
Note: paint shall be applied with a spray gun. (Protect all surface areas and equipment not receiving desired paint application to prohibit overspray). 310-5.6.2 Measurement and Payment. [Replace with the following]:
Payment for preparation and painting of Tire Swing Structure shall be made of the contract LUMP SUM price bid and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals; as specified in these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed. 311-2 Measurement and Payment. [Add new paragraph]: Appendix C Measurement and payment for all other items included in the attached Appendix C shall be per unit price as listed in the appropriate Bid Item. The unit price for each Bid item to include full payment for all materials, labor, equipment, and incidentals to remove, discard, replace, install, and construct each item complete and in place.
PART 4 EXISTING IMPROVEMENTS
SECTION 402 – UTILITIES
402-7 LOCATION. [Add the following section]:
The Contractor shall notify the utilities designated in the General Specifications at least 48 hours in advance of excavating around any of their structures.
The existence and locations of utilities shown on the drawings have been determined by a search of the available records as provided by the respective utility owner. The exact locations have not
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been determined by potholing unless so indicated on the drawings. The Contractor shall determine the exact location of all existing utilities prior to commencing work. Contractor agrees to be fully responsible for any and all damages which may be caused by his failure to exactly locate and preserve any and all underground utilities, whether shown on the plans or not. In the event the Contractor encounters underground utilities not shown on the plans, he shall verify the exact location of the utility and immediately notify the Engineer, regardless of whether the unknown utility conflicts with the proposed construction or not. In the event of such a previously unknown conflict, the Contractor shall immediately notify the Engineer as to the extent, if any, of delays or additional costs resulting from said conflict. The Contractor shall perform work and provide necessary materials to disconnect or relocate existing utilities as indicated. Record on record drawings all existing utility termination points before disconnecting.
When uncharted or incorrectly charted underground piping or other utilities and services are encountered during site work operations, notify the applicable utility company immediately to obtain procedure directions. Cooperate with the applicable utility company in maintaining active services in operation.
In the event the Contractor damages an existing utility line, the Contractor shall restore damaged utilities within three (3) working days.
Pursuant to Government Code Section 4215, if any main or trunkline utility facilities that are not indicated in the drawings, plans or specifications and are determined by Contractor to be located on the site of any construction project that is a subject of the contract, the City shall assume the responsibility for timely removal, relocation, or protection of the existing main or trunkline utility facilities. The Contractor will be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of City or the utility owner to provide for removal of relocation of such utility facilities. Nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the City from identifying main or trunklines in the plans or specifications. Nothing herein shall preclude the City from pursuing any appropriate remedy against the utility for delays which are responsibility of the utility. Nothing herein shall be construed to relieve the utility from any obligation as required either by law or contract to pay the cost of removal or relocation of existing utility facilities. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the Contract Plans or Specifications, Contractor shall immediately notify the Engineer and utility in writing. The public utility, whether they are the owner, has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.
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Appendix A
Not Used
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Appendix B– Applicable Standard Plans
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RETAINING WALL
Submittal/Permitting Guidelines
Permits are required for all retaining walls greater than 48 inches in height measured from the bottom of the footing to the top of the wall. Retaining walls require compliance with the 2019 CBC, CRC, CEC, CGBS and the 2019 California Energy Code.
Submittal Requirements
Retaining walls are subject to the standard plan review procedures of approximately 10 business days. Plan check submittals for the initial plan check require three (1) electronic pdf set of scaled drawings with the following information included. PLEASE NOTE: If all items on this list are not with the plans at the time of submittal, the plans may be rejected by the Counter Technician as incomplete. Even If the plans are accepted by the Counter Technician, they may still be rejected by the Plan Checker as incomplete.
1. Site Plan – Show surface drainage, lot dimensions, setbacks to property lines, building dimensions, easements, existing structures.
2. Details – Indicate footing sizes, drainage, reinforcing steel, wall height, etc.
3. Design Professional’s Stamp – Every page of each set of plans must be wet stamped and signed by the Design Professional prior to permit issuance. (Business and Professions Code Section 6735(a) - to view this code see: http://www.leginfo.ca.gov/calaw.html and check Business and Professions Code and click “Search”).
4. Engineer’s Structural Calculations – One (1) pdf electronic set attached to the plan set may be required to justify lateral analysis, horizontal torsional moments, stability against overturning, anchorage, distribution of uniform loads and concentrated loads.
5. Soils Report – One (1) pdf electronic set may be required. See attached matrix to determine if a soils report is required.
Fees for Retaining Wall Permits:
Retaining Wall Plan Check Fee $98.20 per 100sf
Retaining wall 3’-6’ high (includes footing) $166.60 for up to 50lf + $19.86 for each additional 50lf or portion thereof
Retaining wall 6’-10’ (includes footing) $317.76 for up to 50lf + $19.86 for each additional 50lf or portion thereof
Retaining wall 10’ & higher (includes footing) $468.91 for up to 50lf + $19.86 for each additional 50lf or portion thereof
Issuance Fee $88.27
SMIP Fee
(Strong Motion Instrumentation and Seismic Hazard Mapping Fee) $0.00013 per $1.00 of valuation with a minimum fee of $0.50 State Title 24 Fee $1.00 per $25,000 (or portion thereof) of valuation State CASp Fee $4.00
Plans & Documents Fee $2.21 per page 11” x 17” or smaller & $3.31 per page larger than 11” x 17”
If your project includes adding any electrical an Electrical Permit will also be required:
Fixtures Fee $18.76 per 100sf or $18.76 per fixture
Issuance Fee $88.27
Plans & Documents $2.21
State CASp Fee $4.00
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CITY OF LAGUNA HILLS
BUILDING DEPARTMENT
Retaining Wall Standard
2019 CBC
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Project Type Project
Size
Design Soil
Bearing
Pressure
≤ 1500 psf for
continuous
and /or pad
footing only
Foundation
Clearance
from Top of
Slope per
Figure
1808 .7.1
Both Soils
Report &
Field
Memo
Required
Field Memo
Required
Prior to
Foundation
Inspection
Neither
Soils
Report or
Field
Memo
Required
New Building
or Addition
including
attached Misc.
Structures
≥ 1000
sqft N/A N/A
from 401
to 1000
sqft
≤ 400
sqft
Detached Misc.
Structures
(Includes Patio
Covers, decks,
etc.)
> 400
sqft
>1,500 psf
N/A
Closer than
minimum
required
≤ 400
sqft
Retaining Walls
≤ 6 ft (*)
> 6 ft N/A N/A
Two Story
Additions
Any
size
(*) Back fill 30 degree triangle with crushed rock; Perforated drain pipe provided at bottom of crushed rock fill; back fill is level and does not support any structures.
Variance or exceptions to these requirements will be reviewed and approved on a case by case basis by the Deputy Building Official or Building Official.
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Appendix C – Project Plans
Project plans consist of detailed descriptions of work items as noted on the following pages.
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Work Item #2: Replace Missing 16” x 16” Slate Veneer on Low Walls Location: Various Locations Throughout the Site
Work Description:
• Remove existing grout and clean area to receive new grout. • Purchase and install new slate veneer to match existing color, texture and finish. Cut as required to fit area of missing pieces.
• Use high strength grout to set veneer.
• Provide veneer sample for review and approval by the City. • Item will be paid “each location.” The photograph example below would be counted as two (2) locations.
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Work Item #3: Replace Missing Stacked Stone Veneer on Walls Location: Throughout the Entire Site
Work Description:
• Remove existing grout and clean area to receive new grout. • Provide and install new stacked stone as necessary to fit area of existing missing stone. • Use high strength grout to attach stone.
• Stone to be Rockey Mountain Quartzite.
• Stone to match existing stone. Submit sample for review and approval by the City. • Item will be paid “each location.” The photograph example below would be counted as one (1) location.
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Work Item #4: Remove / Replace Missing & Damaged Shade Panels in Bandstand Shelter Location: Bandstand Shelter
Work Description:
• Remove damaged Shade Panels and framing to be replaced. Properly dispose off-site. • Panel size and configuration varies. Field-verify panel sizes. • Fabricate and install new Shade Panels as necessary to replace damaged panels. • Panel framing and mesh shall match existing metal type and thickness (see attached plan).
• Color of Panels shall match existing.
• Panels shall receive (2) coats of exterior metal primer and (2) coats of exterior metal paint.
• Provide Shop Drawings for Panel construction / fabrication, connections, etc. for review and approval by the City.
Contact: McNichols Company
1-800-237-3820
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Packet Pg. 308 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
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Packet Pg. 309 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #5: Remove / Replace Missing & Damaged Shade Panels in Picnic Shelter Location: Central Picnic Pavilion Shelter
Work Description:
• Remove damaged Shade Panels and framing to be replaced. Properly dispose-off site. • Panel size and configuration varies. Field-verify panel sizes. • Fabricate and install new Shade Panels as necessary to replace damaged panels. • Panel framing and mesh shall match existing metal type and thickness (see attached plan).
• Color of Panels shall match existing.
• Panels shall receive (2) coats of exterior metal primer and (2) coats of exterior metal paint.
• Provide Shop Drawings for Panel construction / fabrication, connections, etc. for review and approval by the City.
Contact: McNichols Company
1-800-237-3820
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Packet Pg. 310 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
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Packet Pg. 311 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #6: Remove / Replace (4) Decks on 5-12 Play Structure Location: Upper Playground Area
Work Description:
• Remove and properly dispose of existing Decks off site. • Purchase and install new Decks per manufacturer’s recommendations. • Provide submittal of Decks for review and approval by the City.
Replacement Decks to be:
Pipeline Model #91-10-63A
Available from:
Urban Site Solutions
Contact: Amy Minicelli
(760) 846-8506
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Packet Pg. 312 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #7: Construct 18” High Stacked Stone Retaining Wall at Toe of Slope at Rear of 2-5 Playground
Location: 2-5 Playground Area
Work Description:
• Prepare and submit plans for Retaining Wall for City approval. The City’s standard retaining wall plan is attached in Appendix B.
• Obtain City “no fee” building permit and provide plans as necessary to obtain permit. • Grade area immediately behind 2-5 Playground for retaining wall footing. • Construct 18” exposed height concrete block wall with 8” CMU block per attached standard plan.
• Face all surfaces with Stacked Stone fascia to match other walls in the immediate area.
Example Retaining Wall Located Nearby
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Packet Pg. 313 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #8: Remove / Replace Recycled Wood Components on Playground Jeep Location: Upper Playground Area
Work Description:
• Remove and properly dispose of existing “Recycled Wood Components” off site. • Purchase and install new “Recycled Wood Components” to identical dimensions and positions.
Replacement “Recycled Wood Components” to be:
Pipeline Model #295414
Available from:
Urban Site Solutions
Contact: Amy Minicelli
(760) 846-8506
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Packet Pg. 314 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #9: Remove / Replace Slated Access Deck on 2-5 Play Structure (Tot Lot Grade Climber)
Location: Tot Lot Playground
Work Description:
• Remove and properly dispose of existing Climber Steps off site. • Purchase and install new Grade Climber per manufacturer’s recommendations. • Color to match existing.
• Provide submittal of Grade Climber for review and approval by the City.
Replacement Decks to be:
Pipeline Model #1633-3
Available from:
Urban Site Solutions
Contact: Amy Minicelli
(760) 846-8506
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Packet Pg. 315 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #10: Remove and Replace Resilient Surfacing on Upper Playground Swings Location: Upper Playground Area
Work Description:
• City staff will mark removal limits in the field.
• Remove and properly dispose of damaged resilient surfacing off site. • Purchase and install new resilient surfacing per manufacturer’s recommendations. • Blue color of resilient surfacing to match existing surfacing.
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Packet Pg. 316 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #11: Prepare / Paint Swings Post and Tire Swing Structure Location: Upper Playground Area
Work Description:
• Provide paint and primer specifications and paint color chip for review and approval by the City. Paint color to closely match existing color.
• Sand down and prepare damaged surfaces of swing frames for painting. • Paint all surfaces of swing frames with Dunn-Edwards Enduraprime Speciality primer. • Paint two (2) coats of Dunn Edwards Endura-Coat exterior enamel metal paint in eggshell finish.
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Packet Pg. 317 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #12: Remove / Replace ADA Drinking Fountain
Location: (3) Locations
Work Description:
• Remove and properly dispose of existing drinking fountain off site. • Clean / clear existing drainline.
• Provide and install new drinking fountain.
• New drinking fountain to be Model 440SM as shown on next page. • Provide drinking fountain submittal for review and approval by the City.
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Packet Pg. 318 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
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Packet Pg. 319 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #13: Remove / Replace Wood End-Screen & Chainlink Fabric with Specified Plastic Panel
Location: Little League Field – 1st & 3rd Base Dugouts
Work Description:
• Remove existing wood panels and chainlink fabric on existing frame at end of dugouts. • Provide and install new 3/4” Starboard panel.
• See Detail #5 for more information.
• Color to be “Sandshade”.
• Provide Shop Drawings of panel and attachment for review and approval by the City.
Starboard Panel and Cutting/Fabrication available from:
Paragon Plastics
1908 E. McFadden Avenue
Santa Ana, CA 92705
(888) 776-0000
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Packet Pg. 320 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
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Packet Pg. 321 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
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Packet Pg. 322 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #14: Replace 8” Wide Teak Board Seating around 5-12 Playground Structure Location: 5-12 Playground Area
Work Description:
• Remove existing teak boards and dispose of properly off-site. • Cut to length and install new teak boards with new stainless steel bolts and washers. • Sand and prepare teak wood seating for finishing, sanding in the direction of the wood grain.
• Thoroughly wipe down and clean wood.
• Apply two coats of Miniwax Helmsman Teak Oil, Natural Color Semi-transparent Stain according to manufacturer instructions.
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Packet Pg. 323 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #15: Remove / Replace PCC Concrete Surfacing at Skate Park Bowl Location: Skate Park Bowl
Work Description:
• Remove / Replace damaged PCC Concrete surfacing (minimum of 4” depth or full depth, whichever is less) in-kind. Smooth texture and color to match existing. • Provide written procedure for replacement for review and approval by the City. • Secure exploratory work areas as directed by the City prior to replacement work. • Replacements may be irregularly shaped and may be in multiple patches totaling the SF shown in the bid schedule.
Photo at right shows example of past PCC concrete pavement replacement:
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Packet Pg. 324 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #16: Route Out and Grout Cracks in Skate Park Bowl Location: Skate Park Bowl
Work Description:
Contractor to Provide Written Scope of Work
• Provide written description of routing and crack filing procedure for approval by the City.
Contractor shall recommend modifications, if any, to the procedure outlined below.
Color Sample
• Prepare color sample for review by the City. Create a 6” x 6” wooden box form, and prepare mortar according to instructions with color additive to match existing color in skate park bowl.
Work Procedure
• Prepare crack by creating a slot at the surface approximately 1” wide and 1” deep by using a concrete saw, hand tools, or pneumatic tools. Clean the groove by air blasting or sandblasting.
• Prepare low water content mortar by hand with color additive. Mortar should stand for ¼ hour after mixing and then should be remixed prior to use to create a thick consistency. • Mortar should be placed in layers with a maximum thickness of 3/8 inch for each layer.
Each layer should be thoroughly compacted over the surface using a blunt stick or hammer, and each underlying layer should be scratched to facilitate bonding with the next layer. The repair should be cured by using either water or a curing compound. • Final surface texture shall be smooth to match existing texture, and final color of mortar shall match existing surrounding color of concrete.
• Replacements may be irregularly shaped and may be in multiple patches totaling the SF shown in the bid schedule.
Example of Cracks in Skate Park Bowl
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Packet Pg. 325 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #17: Remove Hockey Rink Perimeter Netting and Install New Chain Link Fabric Location: Hockey Rink
Work Description:
• Remove and legally dispose of Hockey Rink Perimeter Fence Fabric. • Purchase and install new Chain Link Fabric on existing poles and frames. • Chain Link Fabric shall be rolls with full height of 12’-0”, 2” mesh, 9-gauge (0.148") steel wire, kneeled salvage top and bottom, to create smooth edges. Finish: Hot Dip Galvanized, ASTM A392, Class, 1.2 ounces zinc per square foot of surface. Coated after fabric fabrication.
• Work item shall include all chainlink fabric replacement and frame repairs/replacements.
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Packet Pg. 326 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #18: Remove / Replace Shade Canopy Fabric on Backstop Roof Location: Little League Field Dugouts (2 locations)
Work Description:
• Remove and properly dispose of existing dugout shade fabric off site. • Provide and install new dugout 86% shade mesh cloth, with weight of 10.32 oz/sq. yd. • Provide submittals of shade cloth and attachment hardware for review and approval by the City.
Shade Cloth to be:
Thoroweave 990 Super Mesh 100% Polyethylene material, Green in color Available from:
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Packet Pg. 327 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #19: Repair Concrete Playground Information Sign Stand Location: 5-12 Playground Area
Work Description:
• Repair is limited to the irregular-shaped “stand” in the lower left of the sign assembly. • Repair stand to match undamaged stand on the other playground sign. • Paint repaired stand to match the other playground sign.
Photo of Desired Outcome
Existing Condition
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Packet Pg. 328 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #20: Remove / Replace Concrete Bollard Light
Location: Community Center East Entrance
Work Description:
• Remove existing bollard light and properly dispose off site. • Purchase & install new concrete bollard and reconnect electrical. • Provide safety / security as necessary to the Public during demolition and construction. • Provide submittal of bollard for review and approval by the City. • Obtain City electrical permit at “no fee” and provide plans as necessary to obtain permit.
Concrete Bollard to be:
Quick Crete Products
Model # QR-1BLB
Color & Finish to match existing Bollards
Available from:
Quick Crete Products
P.O. Box 639
731 Parkridge Avenue
Norco, CA 92860
Contact: Brian Gotz
(714) 309-6564
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Packet Pg. 329 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #21: Remove and Replace Shade Sail at 5-12 Playground Location: 5-12 Playground Area
Work Description:
• Remove and properly dispose of existing shade fabric off-site. • Provide and install new Custom Canopies Replacement 40’ x 35’ x 35’ triangle shade sail fabric shade top with new cable and hardware from Dave Bang Associates, Inc. • Provide submittals of shade cloth and attachment hardware for review and approval by the City.
Shade cloth to be:
Custom Canopies Replacement 40’ x 35’ x 35’ triangle shade sail fabric shade top with new cable and hardware from Dave Bang Associates, Inc.
Available from:
Dave Bang Associates, Inc.
P.O. Box 1088
Tustin, CA 92781
Contact: Alex Baron
(800) 669-2585 x 3111
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Packet Pg. 330 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #22: Install New 8” x 24” Concrete Cap on Existing Wall Location: Hockey Rink Area
Work Description:
• Chip away and remove any loose mortar on top of existing wall. • Provide and install new 8” x 24” concrete cap block on existing wall using concrete mortar.
• Provide submittals of concrete cap and mortar specifications for review and approval by the City.
Photos of remaining existing concrete cap, and of wall with missing concrete block cap
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Packet Pg. 331 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #23: Remove Existing Post-Mounted Benches and Replace 8’ Metal Beanches Mounted to Sidewalk
Location: Hockey Rink Area
Work Description:
• Remove and properly dispose of existing post-mouned benches. • Purchase and install new benches per manufacturer’s recommendations, including bolting to sidewalk using bolts.
• Provide submittal of bench for review and approval by the City.
Bench to be:
Wabash Valley, Model No. CY420D: 6’ Single Bench, Courtyard Collection, Diamond Pattern, Color: Bronze bench and frames
Available from:
Dave Bang Associates, Inc.
P.O. Box 1088
Tustin, CA 92781
Contact: Alex Baron
(800) 669-2585 x 3111
Post-mounted benches to be removed:
Representation of replacement bench. Color will actually be all one color, bronze.
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Packet Pg. 332 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Work Item #24: Paint Existing Utility Building Adjacent to Skate Park Bowl Location: Skate Park Bowl
Work Description:
• Provide submittal of Dunn Edwards paint specifications and color ships for review and approval by the City. Colors to closely match existing or as chosen by the City. • Remove any stickers, vines, and other vegetation from doors and building. • Power wash existing stucco walls on utility building, and capture wash water runoff and dispose of properly into the sanitary sewer system. Do NOT allow wash water runoff to enter on-site storm drain inlets.
• Sand existing roofline fascia boards and door frames to allow for adhesion of paint. • Tape and cover any surfaces not to be painted.
• Paint exterior stucco, walls, doors, and fascia boards of building with one coat of Dunn Edwards EZ-Prime primer (for wood) or EFF-STOP (for stucco, metal and brick) primer, and two coats of Dunn Edwards SPARTASHIELD flat finish exterior paint (for stucco, wood, and brick) or Dunn Edwards Endura-Coat exterior enamel metal paint in eggshell finish (for metal doors) using paint sprayer. Allow paint to fully dry between coats of paint. Alternatively, contractor may prime and paint fascia boards and door frames using rollers. • Dispose of any trash and paint materials properly off-site.
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Packet Pg. 333 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center 1511509.1
Appendix D – Building Permit Application
The City requires applications for Building Permits, including electrical permits, to be submitted online:
https://lagunahillsca.gov/173/BuildingSafety-Division
Permits will be issued “no fee” by the City of Laguna Hills.
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Packet Pg. 334 Attachment: Community Center Sports Complex Site Improvements CIP No. 237 Bid Set (2023-44 : Re-Advertisement of the Community Center City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: March 28, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: Resolution Amending and Restating City Council Policy No. 120 Regarding Procedures for Placing Items on Future City Council Agendas RECOMMENDATION: That the City Council adopt a Resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, AMENDING AND RESTATING CITY COUNCIL POLICY NO. 120 REGARDING PROCEDURES FOR PLACING ITEMS ON A FUTURE CITY COUNCIL AGENDA."
SUMMARY:
At its March 14, 2023, City Council Workshop, the City Council directed staff to amend City Council Policy No. 120 regarding procedures for placing items on a future City Council agenda. Staff has revised the Policy consistent with City Council Member direction provided to City staff at the Workshop.
BACKGROUND:
There are several routine business practices and City Council protocols that the City Council has established over the years and in previous workshops. These policies are outlined and compiled in the City Council Policy Manual. It is the practice of the City to regularly review these businesses practices and protocols and either confirm or make modifications, as appropriate. One such comprehensive review was conducted at the City Council’s March 14, 2023, City Council Workshop. At that time, the City Council gave staff direction to amend existing City Council Policy No. 120. Staff has revised City Council Policy No. 120 consistent with City Council direction.
4.10 Packet Pg. 335
Amended and Restated City Council Policy No. 120
March 28, 2023