20220719_05_CC21 12 — Laguna Niguel City Council, July 19, 2022

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: July 19, 2022
SUBJECT: Award of Construction Contract to Gentry General Engineering, Inc. and CT&T Concrete Paving Inc. for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12

RECOMMENDATION
Staff recommends that the City Council:

1. Award the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12, to Gentry General Engineering, Inc. in the not-to-exceed amount of $199,000; and

2. Authorize the City Manager to execute the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12 with Gentry General Engineering, Inc., subject to the City Attorney making non-substantive changes;

3. Award the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12, to CT&T Concrete Paving Inc. in the not-to-exceed amount of $199,000; and

4. Authorize the City Manager to execute the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12 with CT&T Concrete Paving Inc., subject to the City Attorney making non-substantive changes.

BACKGROUND
The concrete infrastructure within Laguna Niguel is one of the largest and oldest assets owned by the City. Over time concrete can become damaged and uneven due to various outside forces such as tree roots, soil settling, and water flow. The City has a duty to maintain the concrete infrastructure to not only protect the public, but to provide an aesthetic that enhances the quality of life of residents and visitors.

The Citywide Concrete Infrastructure and Repairs Project consists of the removal and

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replacement of damaged or elevated sections of concrete sidewalk, curb/gutter, cross- gutters, ADA compliant intersection ramps, driveway approaches, V-ditches, spandrels, etc. The Citywide Concrete Infrastructure and Repairs Project supports City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.

ANALYSIS
In response to the advertisement for bids, the City received four bids on April 15, 2022.

The proposals were evaluated using the most common repair to the City's concrete infrastructure, the removal and replacement of 4-inch sidewalk panels totaling between 1,001 to 10,000 square feet. A summary of comparable flat rates per contractor is shown below.

Contractor Comparable Flat Rates
Gentry General Engineering, Inc. (Recommended) $11.48 per square foot CT&T Concrete Paving, Inc. (Recommended) $16.00 per square foot Falkon Construction, Inc. $19.97 per square foot
Real Estate Consulting & Services, Inc. $24.00 per square foot In accordance with Public Contract Code section 22038(b), this project must be awarded to the lowest responsible bidder(s). Staff reviewed the bids from Gentry General Engineering, Inc. and CT&T Concrete Paving, Inc., the apparent low bidders, and found that both contractors meet all contract requirements. Gentry General Engineering, Inc. has been a licensed contractor since 2012 and currently holds an active General A license. CT&T Concrete Paving, Inc. has been a licensed contractor since 2006 and currently holds an active General A license as well as C8 and C12 specialty licenses.

Both contractors hold all bonding and insurance requirements and maintain a current registration with the Department of Industrial Relations.

On average, the City has spent approximately $250,000 per year for the past three years on concrete repairs in support of the City's concrete infrastructure. Based on these historical expenditures, and in consideration of the rates offered by the lowest bidders, the City will save money and address deferred sidewalk maintenance, due to the unit pricing offered by Gentry General Engineering, Inc. and CT&T Concrete Paving, Inc.

Staff recommends awarding a construction contract to both Gentry General Engineering, Inc. and CT&T Concrete Paving, Inc. in the not to exceed amount of $199,000. The contracts for Gentry General Engineering, Inc. and CT&T Concrete Paving, Inc. can be found in Attachment "A" and "B'' respectively.

Awarding multiple contracts for the requested services allows for improved service response time and ensures material and labor availability. Furthermore, staff requests estimates from each contractor as work is assigned, thus ensuring the City gets the lowest price.

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines - California Code of Regulations, Chapter 3 (Guidelines for Implementation of CEQA), Article 19 (Categorical Exemptions), Section 15301 (Existing

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Facilities), Subsection (c).

ALTERNATIVES CONSIDERED

1. The City Council may decide not to approve the Construction Contract with Gentry General Engineering, Inc. and CT&T Concrete Paving, Inc. and rebid the project.

Staff believes that re-advertising the project will not result in lower bids.

2. The City Council may decide not to approve the Construction Contract with Gentry General Engineering, Inc. and CT&T Concrete Paving, Inc. and continue using the existing concrete contractor. Staff believes that will result in higher costs for concrete repair because the City's existing concrete contractor charges a higher unit cost than Gentry General Engineering, Inc. and CT&T Concrete Paving, Inc.

FISCAL REVIEW
Funds are available in the Fiscal Year 2022-23 Public Works Department budget to fund the cost of the Citywide Concrete Infrastructure and Repairs Project. Subject to City Council approval, funding for the Citywide Concrete Infrastructure and Repairs Project will be budgeted in subsequent fiscal years.

LEGAL REVIEW
The City Attorney's Office has reviewed the two Construction Contracts and this staff report and has approved both as to form.

CONCLUSION
Staff recommends that the City Council:

3. Award the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12, to CT&T Concrete Paving Inc. in the not-to-exceed amount of $199,000; and

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SamaraS Retouseau Perrri I Emis
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
steers
acki Scol Brúce Lindemann
Rublic Works Director/City Engineer Maintenance Manager Jeft Metz
Streets Maintenance Superintendent
Attachments:

A. Construction Contract with Gentry General Engineering, Inc.

B. Construction Contract with CT&T Concrete Paving, Inc.

ATTACHMENT A
Construction Contract with Gentry General Engineering, Inc.

AGREEMENT FOR CONSTRUCTION SERVICES
CITYWIDE CONCRETE INFRASTRUCTURE REPAIR, CASH CONTRACT NO. 21-12 This Agreement ("Agreement") is entered into this 1gth of July, 2022, by and between the City of Laguna Niguel, a municipal corporation (hereinafter the "City"), and Gentry General Engineering, Inc., a California corporation (hereinafter the "Contractor"").

RECIALS:

1. The City of Laguna Niguel has decided to undertake the following construction project: Citywide Trails Wayfinding Signs, Cash Contract No. 21-12.

The Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000, et seq.) (the "Act") provides general law cities with an alternate informal bidding procedure for the bidding of public works projects.

3. The City Council, by the adoption of Ordinance No. 2020-208, adopted the alternate informal bidding procedures for the bidding of public works projects, as set forth in the Act.

The Act and Ordinance No. 2020-208 authorize the informal bidding of public works projects that have a cost of $200,000 or less.

The City has, in accordance with Ordinance No. 2020-208 and Public Contract Code § 22034, invited the submission of informal bids for Citywide Concrete Infrastructure Repairs, CC 21-12 (the "Project").

6. The Contractor has submitted a bid for the award of the contract for construction of the Project. The Contractor is the lowest responsible bidder for the Project.

The City and Contractor enter this Contract in order to set forth terms and conditions applicable to completion of the Project.

AGREEMENT:

NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Scope of Work. Contractor shall furnish all labor, materials, equipment, tools, utility, and transportation services, and perform all work required for the completion of the Project. It is the duty of the Contractor to complete the Work in strict accordance with the contract document. The documents and specifications set forth below, together with this Agreement between the City and the Contractor, are the "Contract Documents" and are 13018-0008\2690498v2.doc
made a part of this Contract as though fully set forth herein:

A. Notice of Inviting Bids (Informal)
B. Scope of Work if any
C. Plans for the Project, if any.

D General Specifications for the Project, if any.

E Special Provisions for the Project, if any.

Standard Specifications for Public Works (Greenbook) (2018 Edition), if any.

Addendum(s) as issued
H. Contractor's Signed Bid Proposal
I. Designated Subcontractors List if any
J. Bid Bond, Performance Bond, and Labor & Materials Payment Bond K. Worker's Compensation Certificate Form
L. Insurance Certificates and Written Endorsements
Notice to Proceed (issued by the City)
N. Notice of Completion (issued by the City at final completion of the project) O. Guaranty Form
Standard Specifications. Standard Specifications for City projects are those contained in the most recent edition of the "Orange County Public Works Standard Plans", as well as the latest edition of the Standard Specifications for Public Works (Greenbook) (2018 Edition). Refer to specific bid item to determine identified standard. Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract, the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.

3. Compensation. City shall pay Contractor up to the total, all-inclusive, NOT-TO- EXCEED amount of One Hundred Ninety-Nine Thousand, Nine Hundred Ninety-Nine Dollars ($199,999.00) for the Project Work satisfactorily performed hereunder, on an as- needed basis as directed by the City. This amount shall cover all expenses for labor, materials, and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed.

4. Completion Date. The Contractor shall commence the Project work on the date indicated in the Notice to Proceed issued by or on behalf of the City and shall be completed based upon the agreed upon time between City and Contractor. This shall be called Contract Time. It is expressly understood that time is of the essence in this Contract.

5. Liquidated Damages. It being impracticable and infeasible to determine the amount of actual damage, it is agreed that the Contractor will pay the City the sum of $250 per calendar day for each and every day of delay beyond the Contract Time (inclusive of Milestones that are critical on the Critical Path or noted as critical to the City) as liquidated damages and not as a penalty or forfeiture. In the event Liquidated Damages 13018-0008\2690498v2.doc
are not paid, the Contractor further agrees that the City may deduct such amount thereof from any money due or that may become due the Contractor. This shall not be construed as preventing the City from the recovery of other damages under the Contract Documents.

6. Licenses. At all times during the term of this Contract, Contractor shall possess a valid and current Class A Contractor's License [or Specialty Contractor License consisting of Class C-8 license] to perform the required work ("Work"). Contractor hereby certifies that it holds the required licenses). Contractor's license number is 974279.

Contractor Department Industrial Relation Registration No. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall 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, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

Contractor's DIR registration number is 1000024189.

Subcontracting. Contractor may subcontract any portion of the work required by this Agreement to other persons or firms provided the bid documents do not prohibit subcontracting, and Contractor submitted with its bid a list of all subcontractors who will perform work in an amount in excess of one-half of one percent (1%) of the Contractor's total bid, based on the estimated quantity of work, in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code § 4100, et seq. Only such listed subcontractors may perform on this Project.

Non-Assignability. Neither this Contract nor any rights, title, interest, duties, or obligations under this Contract may be assigned, transferred, conveyed, or otherwise disposed of by Contractor without the prior written consent of City.

10. Administration. This Contract will be administered by the Public Works Department. The Director of Public Works/City Engineer or his or her designee shall be considered the Project Manager and shall have the authority to act for the City under this Agreement.

11. Indemnification. To the maximum extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City, the City Council, the City's officers, employees, agents, volunteers, and representatives ("Indemnitees") with respect to any and all claims, suits, actions, stop notices, liabilities and/or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor pursuant to this Agreement.

12. Liability Insurance. Without limiting Contractor's indemnification of City, as described in paragraph 11, and unless modified by City's Risk Manager, Contractor shall obtain, provide, and maintain, at its own expense, during the term of this Agreement, a policy, or policies of insurance, satisfactory to the City, from insurance carriers admitted 13018-0008\2690498v2.doc
doing business in the State of California, which contain the coverage described below.

A. Named Additional Insureds. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs C.1 and C.2 (General and Automobile liability) for all liability arising from Contractor's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.

B. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

C. Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3) Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
4) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors.

D. Duration of coverage. Contractor shall procure and maintain for the duration of the 13018-0008\2690498v2.doc
Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, or subcontractors.

F. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

H. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

1. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

J. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for 13018-0008\2690498v2.doc
each required coverage.

K. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

L. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

M. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

N. Pass Through Clause. Contractor agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

O. City's right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.

P. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Q. Timely notice of claims. Contractor shall give City prompt and timely notice of ader this Agreement and that inal semary i real recorder or perrin nder this Agreement. a
liability policies.

R. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 13018-0008\2690498v2.doc

13. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these provisions before commencing performance of work under this Contract. The Contractor shall sign a Workers' Compensation Insurance Certificate, using the form attached hereto and incorporated by reference herein, and submit the signed Certificate to the City prior to commencing work under this Contract.

14. State Labor Code.

A. This Contract calls for work to be performed constituting public works. Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774.

B. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.

C. Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to Labor Code Sections 1777.1 and 1777.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 6109.

D. Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the Labor Code, the Contractor, and any subcontractors, shall, as a penalty to the City forfeit the prescribed 13018-0008\2690498v2.doc
amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.

E. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

F. Each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.

G. Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specity forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

H. Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, 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. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.

1. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813.

15. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tender's final payment to Contractor without further acknowledgment by the parties.
13018-0008\2690498v2.doc

16. Trenching and Excavations. Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:

A. Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law: and/or
B. Subsurface or latent physical conditions at the site differing from those indicated; and/or
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

17. Non-Collusion. Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to the City a Non-collusion Declaration as required by Public Contract Code Section 7106.

18. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

19. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement.

20. Nondiscrimination by Contractor. Contractor represents and agrees that Contractor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such 13018-0008\2690498v2.doc
nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

21. Integration. This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties.

22. Governing Law. This Contract will be governed by and construed in accordance with the laws of the State of California without reference to change of venue laws. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed, and prosecuted in the County of Orange, California.

23. Successors and Assigns. The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.

24. Exhibits. The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract.

25. Authority to Sign. The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the project.
13018-0008\2690498v2.doc
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CIT"

CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:

Thy Merritt,
Deputy City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Kevin G. Ennis
City Attorney
"CONTRACTOR"
Gentry General Engineering, Inc.
a California corporation
By:

Print Name:

Title:

By:

Print Name:

Title:
13018-0008\2690498v2.doc

ATTACHMENT B
Construction Contract with CT&T Concrete Paving, Inc.

AGREEMENT FOR CONSTRUCTION SERVICES
CITYWIDE CONCRETE INFRASTRUCTURE REPAIR, CASH CONTRACT NO. 21-12 This Agreement ("Agreement") is entered into this 1gth of July, 2022, by and between the City of Laguna Niguel, a municipal corporation (hereinafter the "City"), and CT&T Concrete Paving, Inc., a California corporation (hereinafter the "Contractor").

RECIIALS:

Thestrition rect. a lide Trails Waited no signs as the race No 21-12.

The City Council, by the adoption of Ordinance No. 2020-208, adopted the alternate informal bidding procedures for the bidding of public works projects, as set forth in the Act.

4. The Act and Ordinance No. 2020-208 authorize the informal bidding of public works projects that have a cost of $200,000 or less.

5. The City has, in accordance with Ordinance No. 2020-208 and Public Contract Code § 22034, invited the submission of informal bids for Citywide Concrete Infrastructure Repairs, CC 21-12 (the "Project").

6. The Contractor has submitted a bid for the award of the contract for construction of the Project. The Contractor is the lowest responsible bidder for the Project.

7. The City and Contractor enter this Contract in order to set forth terms and conditions applicable to completion of the Project.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:

Scope of Work. Contractor shall furnish all labor, materials, equipment, tools, utility, and transportation services, and perform all work required for the completion of the Project. It is the duty of the Contractor to complete the Work in strict accordance with the contract document. The documents and specifications set forth below, together with this Agreement between the City and the Contractor, are the "Contract Documents" and are 13018-0008\2690499v2.doc
made a part of this Contract as though fully set forth herein:

A Notice of Inviting Bids (Informal)
B. Scope of Work if any
C. Plans tor the Project, it any.

D General Specifications for the Project, if any.

E Special Provisions for the Project, if any.

F Standard Specifications for Public Works (Greenbook) (2018 Edition), if any.

G Addendum(s) as issued
H. Contractor's Signed Bid Proposal
I. Designated Subcontractors List if any
J. Bid Bond, Performance Bond, and Labor & Materials Payment Bond Worker's Compensation Certificate Form
L. Insurance Certificates and Written Endorsements
M. Notice to Proceed (issued by the City)
N. Notice of Completion (issued by the City at final completion of the project) O. Guaranty Form
Standard Specifications. Standard Specifications for City projects are those contained in the most recent edition of the "Orange County Public Works Standard Plans", as well as the latest edition of the Standard Specifications for Public Works (Greenbook) (2018 Edition). Refer to specific bid item to determine identified standard. Except as otherwise expressly provided herein, the Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract, the General Specifications for the Project, the Special Provisions for the Project, any technical specifications for the Project, and any other contract documents.

Compensation. City shall pay Contractor up to the total, all-inclusive, NOT-TO- EXCEED amount of One Hundred Ninety-Nine Thousand, Nine Hundred Ninety-Nine Dollars ($199,999.00), for the Project Work satisfactorily performed hereunder, on an as- needed basis as directed by the City. This amount shall cover all expenses for labor, materials, and any and all other costs incurred by Contractor to satisfactorily construct the Project. Unless otherwise provided in the bid documents or agreed upon by the parties, Contractor shall submit detailed, monthly invoices for work actually performed.

5. Liquidated Damages. It being impracticable and infeasible to determine the amount of actual damage, it is agreed that the Contractor will pay the City the sum of $250 per calendar day for each and every day of delay beyond the Contract Time (inclusive of Milestones that are critical on the Critical Path or noted as critical to the City) as liquidated damages and not as a penalty or forfeiture. In the event Liquidated Damages 13018-0008\2690499v2.doc
are not paid, the Contractor further agrees that the City may deduct such amount thereof from any money due or that may become due the Contractor. This shall not be construed as preventing the City from the recovery of other damages under the Contract Documents.

Contractor's DIR registration number is 1000025154.

8. Subcontracting. Contractor may subcontract any portion of the work required by this Agreement to other persons or firms provided the bid documents do not prohibit subcontracting, and Contractor submitted with its bid a list of all subcontractors who will perform work in an amount in excess of one-half of one percent (1%) of the Contractor's total bid, based on the estimated quantity of work, in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code § 4100, et seq. Only such listed subcontractors may perform on this Project.

11. Indemnification. To the maximum extent permitted by law, Contractor shall indemnity, protect, defend and hold harmless the City, the City Council, the City's ofticers, employees, agents, volunteers, and representatives ("Indemnitees") with respect to any and all claims, suits, actions, stop notices, liabilities and/or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor pursuant to this Agreement.

12. Liability Insurance. Without limiting Contractor's indemnification of City, as described in paragraph 11, and unless modified by City's Risk Manager, Contractor shall obtain, provide, and maintain, at its own expense, during the term of this Agreement, a policy, or policies of insurance, satisfactory to the City, from insurance carriers admitted 13018-000812690499v2.doc
doing business in the State of California, which contain the coverage described below.

General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors.

D. Duration of coverage. Contractor shall procure and maintain for the duration of the 13018-0008\2690499v2 doc
Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, or subcontractors.

E. Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured
F. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

K Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Q. Timely notice of claims. Contractor shall give City prompt and timely notice of under this Agreement
liability policies.

14. State Labor Code.

This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
B. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.

D. Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to Section 1775 of the Labor Code, the Contractor, and any subcontractors, shall, as a penalty to the City forfeit the prescribed 13018-0008\2690499v2.doc
amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.

E. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

G. Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

A. Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law: and/or
Subsurface or latent physical conditions at the site differing from those indicated; and/or
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

20. Nondiscrimination by Contractor. Contractor represents and agrees that Contractor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, 13018-0008\2690499v2.doc
upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

Successors and Assigns. The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract.

24. Exhibits. The exhibits and attachments referenced in this Contract are attached hereto and incorporated herein by this reference as though set forth in full in the Contract.

Authority to Sign. The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the project.
13018-0008\2690499v2.doc
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Thy Merritt,
Deputy City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Kevin G. Ennis
City Attorney
"CONTRACTOR"
CT&T Concrete Paving, Inc.
a California corporation
By:

Print Name:

Title:

By:

Print Name:

Title:
13018-0008\2690499v2.doc

Laguna Niguel City CouncilJuly 19, 2022

Laguna Niguel City Council
July 19, 2022