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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 13th day of October, 2026, by and between the CITY OF LANCASTER, a California municipal corporation and charter city, (“City”), and Hak-Away Transport, a Sole Proprietorship (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).
RECITALS
WHEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:
RFP 881-26 On-Call Abatement Services (“Services”)
WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement; and
WHEREAS, to the extent required by section 3504.1 of the California Government Code, the City provided written notice, at least 45 days before issuing the solicitation for the Services or entering into this Agreement, to each recognized employee organization representing City employees in job classifications whose scope of work includes services the same as or similar to the Services, or determined that no such notice was required.
NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to this Agreement are:
A. CITY: City of Lancaster
B. CONSULTANT: Hak-Away Transport
2. Notices. All written notices required by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid, and addressed as listed below.
Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.
CITY City of Lancaster
Attn: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
CONSULTANT Hak-Away Transport
Attn: Harold King
4766 45th Street West
Rosamond, California 93560
Phone: (805) 431-4303
Email: [email protected]
3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.
4. Description of Work. The City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services and Rates Schedule,” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant shall perform and complete the Services. The City Manager, or his or her designee, shall have the right to review and inspect the Services, including any work product derived therefrom, at any time.
5. Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $1,006,500 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule.
Payments shall be due within thirty (30) days following submittal of an invoice detailing the Services performed, at the hourly rate(s) specified in the Scope of Services and Rates Schedule.
B. Beginning in July following the first full year of the Agreement, and each July thereafter, the hourly rates set forth in the Scope of Services and Rates Schedule may be adjusted annually based on the February Consumer Price Index (CPI) for the Los Angeles/Orange Counties area, as applicable under the Department of Industrial Relations (DIR). Any annual adjustment shall be limited to the lesser of (i) the applicable CPI increase or (ii) five percent (5%). Any rate adjustment shall be subject to City review and approval and shall apply prospectively only.
No payment made hereunder by the City to Consultant, other than the final payment, shall be construed as: (i) acceptance by the City of any service, work or materials; or (ii) evidence of satisfactory performance by Consultant of its obligations under this Agreement.
6. Obligations of the Consultant.
A. Consultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule.
B. Consultant shall be responsible for payment of all its employees’ wages and benefits, payment of all applicable employer taxes, and compliance with all requirements - 3 -
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pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
Consultant shall not subcontract out the Services, or performance of any portion thereof, without the City’s prior written approval.
Consultant shall have no claim for compensation for any service, work, or material that is not authorized by the City in writing, including, where applicable, the City’s Authorization to Proceed.
All Services required under this Agreement shall be performed by Consultant, or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by applicable law to perform such Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and for compliance with all reasonable performance standards established by the City.
7. Hold Harmless and Indemnification. Consultant agrees to indemnify and hold harmless the City, its elected officials, officers, and employees, from and against any and all thirdparty claims, losses, obligations, or liabilities whatsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant’s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers, and employees, using counsel of the City’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant. Consultant shall not accept, and the City shall not be bound by, any change in the scope of the Services, or any change in the provisions of this Agreement, unless the change is issued in writing as an amendment or change order signed by the City. Any extension of time must be mutually agreed upon in writing and executed by both Parties.
9. Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and - 4 -
Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
its subcontractors for the purpose of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.
10. Term. This Agreement shall become effective as provided in Section 26 (Effective Date). This Agreement shall continue in full force and effect until June 30, 2031, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
11. Termination.
A. For Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.
B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.
C. In the event of termination, whether for convenience or cause, reports, plans, studies, and other documents (collectively, “documents”) related to the Services shall become the City’s property. Consultant shall provide all documents to the City that have not yet been delivered within ten (10) calendar days after termination of the Agreement.
12. Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended.
13. Insurance.
A. The Consultant, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:
Commercial General Liability
Each Occurrence $2,000,000
Per Project General Aggregate $5,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $2,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies) B. Biohazard Scope of Work. Higher Commercial General Liability limits may be required based on the scope of an individual task and shall be provided prior to commencement of such work.
C. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.
D. Professional liability and/or cyber insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated.
Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.
E. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
F. All insurance shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.
G. Consultant shall name the City, its elected officials, officers, employees, and volunteers as additional insured, and shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for nonpayment) to the City of Lancaster. (2) List in the “Descriptions of Operations/Locations/Vehicles” section:
On-Call Abatement Services
The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:
The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.
14. Ownership of Documents. All plans, specifications, reports, studies, maps, and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations, and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.
15. Data Provided to Consultant. City shall provide to Consultant, without charge, all data, including reports, records, maps, and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.
16. Consultant’s Warranties and Representations.
Consultant warrants and represents to City as follows:
A. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.
B. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
Consultant has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at - 7 -
Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws.
Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement.
17. Resolution of Disputes.
A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, cost, and necessary disbursements, in addition to such other relief as may be sought and awarded.
18. Force Majeure. Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) if such failure or delay is caused by an event or circumstance beyond the reasonable control of the affected Party (“Force Majeure Event”). Force Majeure Events include, but are not limited to, acts of God; flood; fire; earthquake; explosion; war; terrorism; civil disturbance; epidemic or pandemic; quarantine; governmental actions or orders; or other similar events beyond the control of the affected Party.
The affected Party shall provide written notice to the other Party within ten (10) calendar days of the occurrence of the Force Majeure Event, describing the nature, expected duration, and anticipated impact on performance. The affected Party shall use all diligent efforts to mitigate the effects of the event and resume performance as soon as practicable.
19. Key Personnel. This Agreement has been awarded to Consultant based in part on the key personnel and subcontractors proposed by Consultant to perform the Services. The City reserves the right to review and approve Consultant’s staff, including all subcontra ctors, assigned to perform the Services during the term of this Agreement. Consultant’s key personnel are as - 8 -
Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
follows: Harold King, Owner. Consultant shall not change or substitute any key personnel, nor deviate from the personnel and subcontractors identified in its proposal, without the prior written approval of the City.
20. Subcontractors. Consultant shall not enter into any subcontract for the performance of any portion of the Services without the advance written approval of the City, as further provided in Section 6.C. In the event of approved subcontracting, sole responsibility for fulfillment of all terms and conditions of this Agreement remains with Consultant. Each approved subcontract shall incorporate by reference the terms and conditions of this Agreement.
21. Compliance with Laws; Licenses, Permits, and Taxes.
A. Consultant shall perform the Services in compliance with all applicable federal, State, and local laws, ordinances, regulations, and orders.
B. At all times during the term of this Agreement, Consultant shall possess and maintain in current status all federal, State, and local licenses, permits, registrations, and certifications required for the operation of Consultant’s business and the performance of the Services, including a current City of Lancaster business license as required by the Lancaster Municipal Code, which Consultant shall obtain before the City issues any authorization to proceed.
Consultant shall pay all sales, consumer, use, and other similar taxes required to be paid by Consultant in accordance with State and local law. When equipment, materials, or supplies generally taxable to Consultant are eligible for a tax exemption due to the nature of the work, Consultant shall assist the City in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the City.
22. Labor Organization Notice.
A. The Parties acknowledge that section 3504.1 of the California Government Code (added by Assembly Bill 339 (2025), effective January 1, 2026) requires a local public agency to provide written notice to each recognized employee organization representing employees of the agency at least forty-five (45) days before issuing a request for proposals, a request for quotes, or a renewal of or extension to an existing contract, to perform services that are within the scope of work of the job classifications represented by that employee organization. The City represents that, before entering into this Agreement, it provided all notices required by section 3504.1 of the California Government Code, to the extent applicable, or determined that this Agreement is exempt from that requirement.
B. Any renewal or extension of this Agreement that covers services within the scope of work of job classifications represented by a recognized employee organization shall not become effective until the City has provided any notice required by section 3504.1 of the California Government Code.
Consultant acknowledges that the City’s obligations under the Meyers-Milias-Brown Act, section 3500 et seq. of the California Government Code, including section 3504.1, are independent of this - 9 -
Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
Agreement, and that nothing in this Agreement diminishes any rights of City employees or recognized employee organizations provided by law or by a memorandum of understanding. If the Public Employment Relations Board or a court of competent jurisdiction orders the City to rescind, suspend, or modify this Agreement, or to return any of the Services to City employees, the City may terminate this Agreement in accordance with the termination-for-convenience provisions of Section 11, and Consultant shall have no claim against the City arising from such termination other than payment for Services satisfactorily performed to the effective date of termination.
No employee organization or other third party is intended to be, or shall be deemed, a third-party beneficiary of this Agreement.
23. Exhibits.
The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:
Exhibit “A” Scope of Services and Rates Schedule
In the event of a conflict between this Agreement and Exhibit “A” hereto, this Agreement shall control.
24. Governing Law; Venue.
This Agreement shall be governed by the laws of the State of California. Venue for any action arising out of or relating to this Agreement shall lie in the County of Los Angeles, State of California.
25. Levine Act Disclosure.
Applicable
Not Applicable
California Government Code section 84308 (“Levine Act”) requires a party to a contract other than competitively bid, labor, or personal employment contract, to disclose any contribution of more than $500 that the party (or their agent) has made to a member of the City Council or any other officer of the City as defined in the Levine Act within the prior 12 months. The Levine Act also prohibits for 12 months following a final decision, a party (or their agent) from making a contribution of more than $500 to any member of the City Council or any other officer as defined in the Levine Act who may participate in the making of this Agreement.
A. By its signature on this Agreement, Hak-Away Transport represents and warrants [select one]:
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
[___] Neither Hak-Away Transport nor any agent acting on behalf of Hak-Away Transport has, within the 12 months preceding the commencement of negotiations of this Agreement, made any political contribution of more than $500 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.
OR
[___] Hak-Away Transport (or an agent acting on behalf of Hak-Away Transport) has made a political contribution of more than $500 to:
Identify the person(s) or agent(s) who made the contribution:
Identify the City officer(s) who received the contribution:
B. By its signature on this Agreement, Hak-Away Transport further represents and warrants [select one]:
[___] Neither Hak-Away Transport nor any agent or principal acting on behalf of Hak-Away Transport intends, within the 12 months following the execution of this Agreement, to make any political contribution of more than $500 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.
OR
[___] Hak-Away Transport (or an agent acting on behalf of Hak-Away Transport) intends to make a political contribution of more than $500 to:
Identify the person(s) or agent(s) who will make the contribution:
Identify the City officer(s) who will receive the contribution:
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
26. Effective Date.
This Agreement shall become effective as of the date set forth in the introductory paragraph above.
[Signatures begin on next page.]
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CONSULTANT:
HAK-AWAY TRANSPORT
By: ______________________________________
Name: Harold King
Title: Owner
CITY:
CITY OF LANCASTER,
a California municipal corporation and charter city
By: ______________________________________
Trolis Niebla
City Manager
ATTEST:
______________________________________
Andrea Alexander
City Clerk
APPROVED AS TO FORM:
______________________________________ _________________ Allison E. Burns Risk Management
City Attorney
CONTRACT SUBMISSION APPROVAL:
______________________________________
Director, Community Development
4902-0844-5876v1/022283-0549 – Effective July 2026 A - 1 Exhibit A: Scope of Services and Rates Schedule
EXHIBIT A
4902-0844-5876v1/022283-0549 – Effective July 2026 A - 2 Exhibit A: Scope of Services and Rates Schedule
SCOPE OF SERVICES
AND RATES SCHEDULE
The Scope of Services for RFP No. 881-26, On-Call Abatement Services, together with HakAway Transport’s approved Rates Schedule/Quotation Sheet, is incorporated into this Agreement as Exhibit A. All work shall be authorized by the City and performed in accordance with the approved scope and rates. The initial hourly rate is $755.00, subject to the annual rateadjustment provisions of Section 5.B of this Agreement. Materials, disposal charges, and other reimbursable items shall be charged only as authorized by the City and supported by required documentation.
Section 1 – Overview/Background
The purpose of this RFP is to solicit competitive proposals from a qualified Proposer for On-Call Abatement Services for code enforcement cases on an as-needed basis in accordance with the attached specifications and general terms and conditions.
The City’s Community Preservation Division is responsible for enforcing local regulations related to public health, safety, and welfare. When voluntary compliance is not achieved, the City may proceed with administrative abatement and recover associated costs through billing, liens, or special assessments in accordance with California Government Code and local ordinances. The City requires a responsive, experienced contractor capable of performing abatements safely, legally, and efficiently. The selected contractor(s) will perform nuisance abatement services when property owners fail to comply with notices and orders issued pursuant to the Lancaster Municipal Code and applicable California law.
This RFP contains the information and documents necessary to prepare and submit a responsive proposal. Proposers are responsible for complying with all requirements identified herein. By submitting a finished proposal packet, the Proposer represents that it has thoroughly examined and become familiar with the work required within this proposal and that it is capable of supplying a product and or services to achieve the City’s objectives. Submissions that, in the sole judgment of the City, fail to meet the requirements of the RFP or which are in any way conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors may be rejected. Conditional proposals will not be considered.
City of Lancaster Background
The City of Lancaster (City), incorporated on November 22, 1977, is a charter City governed by a five-member City Council elected at large and operating under a Council/City Manager form of government. Located in the Antelope Valley, Lancaster serves as the northern boundary of Los Angeles County, with Kern County to the north. The City encompasses approximately 105 square miles and has an estimated population of 171,460 residents.
Lancaster maintains a business-friendly environment supported by efficient permitting processes, coordinated development services, and strategic infrastructure investments. The City continues to experience growth across key industry sectors, including advanced manufacturing, logistics and distribution, aerospace, and clean energy.
The City is supported by access to regional transportation corridors, proximity to major Southern California markets, and a growing workforce, positioning Lancaster to support continued economic activity and investment.
Section 2 – Contract Duration
The selected Proposer will be required to enter into a contract for services ending June 30, 2031, with two 1- year extension options. The award shall be made to the Proposer(s) deemed most advantageous to the City based upon the listed evaluation criteria specified herein. The City reserves the right to waive any informalities or irregularities in the Proposals. The City will award a Contract to the Proposal that represents the “best value” to the City, considering price and other factors. The right is also reserved by the City to reject any and all Proposals, award a contract to multiple Proposers or a single proposer, or to make no award, whichever is in the best interest of the City.
Section 3 – Scope of Services/Work
The City is seeking a qualified and responsible Proposer to provide On-Site Abatement Services. The selected Proposer will be responsible for the full scope of services appropriate to a project of this nature, including but not exclusive to the items enumerated herein. Proposal pricing should reflect, without limitation, all such services required for the proper completion of the work.
NOTE: (Section 3 Scope of Services/Work will be incorporated into the resulting contract).
The following are the Services to be performed:
A. Scope Overview
The Contractor shall provide all labor, supervision, materials, equipment, tools, transportation, disposal services, permits, and incidentals necessary to complete assigned abatement work in accordance with City direction and applicable laws and regulations.
All work must be authorized by the City of Lancaster and be performed by the approved pricing listed in Attachment B.
B. Abatement Services
Services may include, but are not limited to:
• Property Cleanup and Nuisance Abatement
• Removal of junk, trash, rubbish, debris, furniture, appliances, abandoned personal property (when authorized), and solid waste
• Illegal dumping cleanup and disposal
• Homeless encampment cleanup and remediation
• Removal of hazardous accumulations and nuisance conditions • Pressure washing, sanitation, and site restoration
• Graffiti removal with paint color matched to the structure • Dead animal removal
• Pool draining, securing, and associated cleanup
• Vegetation Management and Weed Abatement
• Weed abatement and vegetation removal, including tumbleweeds common to the Antelope Valley • Weed cutting, mowing, and removal
• Brush clearing and defensible space work
• Fire fuel reduction and combustible material removal
• Tree trimming, pruning, and removal (appropriate licensing required) • Removal of dead, hazardous, or overgrown vegetation
• Green waste hauling and disposal
• Right-of-way vegetation management
• Structure Securing and Removal
• Securing vacant, unsafe, fire-damaged, or hazardous structures • Boarding of doors, windows, gates, and openings
• Fencing removal and repairs using same or like materials • Electrical and plumbing disconnections
• Demolition of sheds, garages, carports, fences, walls, and other accessory structures when authorized and permitted
• Partial demolition and selective demolition
• Removal of collapsed, unsafe, or fire-damaged structures • Demolition and Site Clearing
Contractor may perform demolition activities consistent with the scope of a California C-21 Demolition Contractor License, including:
• Residential, commercial, industrial, and accessory structure demolition • Mechanical and hand demolition
• Concrete, asphalt, pavement, slab, and foundation removal • Mobile structure removal
• Swimming pool demolition and backfill
• Site clearing, grubbing, and grading associated with demolition • Emergency demolition services
All demolition work shall comply with applicable California Building Code requirements, Cal/OSHA regulations, AQMD requirements, asbestos and lead regulations, hazardous materials regulations, and permitting requirements.
C. Site Walk
Prior to commencing any abatement work, the Contractor shall conduct a site walk with City staff to evaluate the property and, based on visible conditions at the time of inspection, determine what is required to complete the abatement.
During the site walk, the Contractor shall assess and identify, at a minimum:
• Debris and waste removal needs
• Vegetation and weed abatement requirements
• Structural securing or demolition needs
• Presence of hazardous or biohazard materials
• Equipment and labor required to complete the work
All anticipated services must be identified during the site walk and incorporated into the proposed scope of work prior to the start of abatement activities unless otherwise directed by the City in writing.
D. Safety/ Hazardous Materials
a. Discovery of Hazardous or Regulated Materials
During abatement work, the Contractor may encounter hazardous or regulated materials not previously identified.
Examples include:
• Suspected asbestos-containing materials
• Lead-based paint hazards
• Methamphetamine contamination or drug laboratory waste • Unknown chemical containers
• Biomedical or sharps waste
• Structural hazards posing risk to workers
If such materials are encountered, the Contractor shall:
a. Stop work in the affected area.
b. Secure the area to prevent exposure.
c. Notify the City immediately.
d. Resume work only after receiving direction from the City. b. Biohazard Clean-up
Biohazard remediation encountered during abatement activities shall be the Contractor's responsibility.
The Contractor shall ensure that all biohazard cleanup services are performed by personnel or subcontractors holding all required certifications, licenses, insurance, and regulatory approvals necessary to legally perform biohazard remediation in the State of California. Higher Commercial General Liability Amount may be required based on the single task scope of work.
If the Contractor does not maintain an appropriately licensed and insured subcontractor capable of performing the required biohazard remediation, the Contractor shall immediately notify the City and coordinate with a Cityapproved biohazard remediation vendor. Coordination of the work shall remain the responsibility of the Contractor.
Documentation verifying certifications, licenses, and insurance shall be submitted to the City prior to the commencement of any biohazard remediation activities.
E. Change in Scope/ Unforeseen Conditions
If the Contractor encounters conditions significantly different from those identified during the site walk, the Contractor shall immediately notify the City.
Examples include:
• Excessive hoarding conditions
• Structural collapse hazards
• Hazardous material contamination
• Large illegal dumping sites
• Conditions that significantly increase labor or equipment needs Work beyond the originally authorized scope shall not proceed without written authorization from the City.
F. Execution Requirements
1. Response Times
The Contractor must be capable of the following response times:
− Responding within 24 hours for urgent public health or safety hazards − Responding within 72 hours for standard abatements
− Providing same-day response when required for life-safety hazards
2. Contractor Responsibilities
The Contractor shall provide equipment and tools to handle, remove, transport, dismantle, and dispose of waste materials and leave a clean site.
The Contractor shall:
- Provide materials for board-ups and fencing repairs
- Provide crew supervision and ensure safety procedures are followed - Maintain emergency contact availability
- Perform work in a professional and timely manner
A Los Angeles County Sheriff’s Deputy or City of Lancaster Police Department officer may be present during site clean-ups. The Contractor shall notify the Deputy or contact 911 in the event of life-threatening safety concerns.
G. Equipment Requirements
Minimum equipment requirements include but are not limited to:
- Skid Steer with attachments
- 15,000 lb hydraulic trailer
- Power washer
- Vegetation removal equipment
- Various hand tools
H. Waste Disposal & Environmental Compliance
All waste, debris, vegetation, and materials removed from properties under this contract shall be transported and disposed of at approved and licensed disposal facilities in compliance with all federal, state, county, and local regulations.
The Contractor shall properly dispose of waste, debris, vegetation, unwanted materials, and potentially hazardous materials at an approved and licensed disposal facility, in accordance with all applicable local and environmental regulations. For reimbursement, the Contractor is required to provide a detailed receipt with the project’s invoice.
Illegal dumping or disposal at unauthorized locations is strictly prohibited.
The Contractor shall be responsible for:
• Transporting waste materials in compliance with applicable regulations • Ensuring disposal occurs at permitted landfill, transfer station, recycling facility, or authorized disposal location
• Proper handling and disposal of hazardous materials in accordance with applicable regulations Dump Tickets and Proof of Disposal
For each abatement project, the Contractor shall provide official disposal receipts or dump tickets issued by the disposal facility.
Dump tickets must include:
• Name and location of disposal facility
• Date of disposal
• Weight or volume of materials disposed of
Copies of all dump tickets and disposal receipts must be submitted with the final invoice for the abatement project.
Failure to provide disposal documentation may result in delayed payment or rejection of the invoice.
I. Abatement Documentation & Evidence Collecting Requirements Because nuisance abatement costs may be recovered through administrative citations, liens, or special assessments placed against the property, the Contractor shall maintain accurate documentation of all work performed.
Documentation shall include:
• Before photographs clearly showing nuisance conditions • Progress photographs when appropriate
• After photographs documenting completed work
• Time and date documentation
• Equipment and labor used (if requested)
• Dump tickets and disposal receipts
Photographs shall clearly depict the conditions that justified the abatement action.
All documentation shall be submitted with the final invoice unless otherwise directed by the City.
J. Property Handling Requirements
During abatement operations, the Contractor may encounter personal property belonging to occupants, squatters, or unknown individuals.
The Contractor shall not remove, dispose of, or destroy personal property without direction from City staff.
When personal property is encountered, the Contractor shall:
• Notify the City representative
• Follow direction provided by City staff regarding removal or storage • Avoid unnecessary damage to property when possible
• Document personal property with photographs prior to removal K. Compliance & Regulatory Requirements
The Contractor shall:
• Maintain all required State of California contractor licenses (appropriate classification required) • Comply with OSHA and Cal/OSHA standards
• Obtain all required permits (demolition, tree removal, etc.) • Dispose of waste at approved facilities
• Comply with hazardous waste handling laws
• Follow all City instructions and approved scopes of work • Coordinate with Los Angeles County agencies when required The Contractor shall be solely responsible for the proper handling, transportation, and disposal of all materials removed during abatement activities.
The Contractor shall indemnify, defend, and hold harmless the City of Lancaster from any claims, damages, fines, penalties, cleanup costs, or liabilities arising from improper handling, transportation, or disposal of materials by the Contractor or its subcontractors.
Section 4 – Mandatory Administrative Requirement and Qualifications This RFP, together with the successful Proposer’s response, exhibits, written questions and clarifications, amendments or revisions signed by both parties and presented to the City and the City contract and/or purchase order, shall (i) constitute the entire and final agreement between the City and the successful Respondent relating to the rights granted and the obligations assumed by the parties; and (ii) shall constitute the “Contract” between the City and the successful Respondent(s) when the City awards the Contract. This RFP may be referred to herein as the “RFP” or the “Contract”.
The Proposer must provide the following mandatory information. Failure to provide this information may cause your proposal to be deemed "non-responsive":
A. Business License: The awardee of the contract resulting from this solicitation shall obtain a Lancaster City business license.
1. https://www.Cityoflancasterca.org/our-City/departments-services/finance/business-licensing
2. Proposers with a business location within or outside the City of Lancaster shall meet their local Business License Tax requirements. A copy of the license must be submitted with the bid proposal response.
Business licenses must be made in the official name of the Proposer or the individual under which business is conducted (showing the official business addresses) and must be signed.
B. Other Licenses and Certifications: Proposer, at their own expense, must secure any business or professional licenses, certifications, permits, or fees required by the City of Lancaster and other agencies and possess the capability and ability to provide all services listed herein. Proposer must list all and provide copies of applicable licenses with license numbers and certifications, where applicable.
C. Insurance: After notification of intent to award Contract, the awardee must submit insurance within ten (10) business days from the date of the City’s intent to negotiate. No exceptions and/or deviations to required insurance limits allowed. (Non-negotiable)
1. Properly executed policies or Certificates of Insurance, including an Additional Insured Endorsement for each policy in accordance with the Insurance Requirements shown in Attachment C - Sample Contract.
2. Failure to execute the Agreement and furnish the required insurance, within the required time period, shall be just cause for the rescission of the award. If the successful Proposer refuses or fails to provide the required insurance documents, the City may award the Agreement to the next qualified Proposer.
3. No exceptions and/or deviations to insurance requirements are allowed.
4. Cost of insurance shall be the responsibility of the Proposer.
5. If a Proposer has a question as to their ability to provide the required coverage and to ensure compliance with this bid proposal document, the Proposer should promptly forward the insurance requirements indicated in this RFP and the Sample Contract for Services to their insurance broker/agent prior to submitting a proposal response.
D. References: Proposers are required to provide a minimum of four (4) references using Attachment A, Exhibit I – Client References form included in this RFP. Each reference will be asked to complete a questionnaire and submit it directly to the Purchasing Division by the specified date and time. It is the Proposer’s responsibility to confirm that each Reference Contact is willing to serve as a reference. To help expedite the evaluation process, the City requests that accurate emails, along with the company address, be included on Attachment A, Exhibit I – Client References form. References may not be considered if the information provided is missing, incomplete, or inaccurate.
E. Public Works Contractor Registration Certification: Pursuant to Labor Code sections 1725.5 and 1771.1, the City requires proof of public works contractor registration before accepting a bid or awarding a contract. All contractors and subcontractors are required to provide evidence of current registration with the Department of Industrial Relations to perform public work on the Bid Due Date and Time referenced on Page 1 of this RFP.
If awarded a contract, the contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Contractor shall sign and submit with its Bid the Public Works Contractor Registration Certification. In addition, each Contractor shall provide the registration number for each listed subcontractor in the space provided in Exhibit G - Designation of Subcontractors Form.
F. Prevailing Wage Requirement: The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract, which will be awarded to the successful proposer. Prevailing wage rates are made available online at https://www.dir.ca.gov/oprl/DPreWageDetermination.htm. The successful proposer and if applicable, all subcontractor(s) under them, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
The effective date of each determination is ten (10) days after the issue date (8 CCR § 16000). The general determinations are issued twice a year (February 22nd and August 22nd) and go into effect ten days thereafter (March 3rd in a leap year and March 4th in a non-leap year for determinations issued on February 22nd, and September 1st for determinations issued on August 22nd).
Modification of the Effective Date of Determination by Asterisks. Meaning of single and double asterisks.
Prevailing wage determinations with a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids remain in effect for the life of the project. Prevailing wage determinations with double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is to extend past this date, the new rate must be paid and will be incorporated in any contract entered into pursuant to this RFP. The contractor should contact the Prevailing Wage Unit, DLSR, or submit an inquiry via the PlanetBids system. All determinations that do not have double asterisks (**) after the expiration date remain in effect for the life of the project.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal or enter a contract to perform public work must be registered with the Department of Industrial Relations. No bid proposal will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the contract term.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding, it shall be the Proposer’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract here and throughout, and applicable law in its bid.
G. Contractor’s Labor and Wage Rates
1. There shall be paid each craft or type of worker employed by the Contractor or Subcontractor engaged in Work under this Contract not less than the applicable wage rate, including legal holiday and overtime rates, found and determined by the Director of the Department of Industrial Relations for the State of California, prior to the publication of the Notice Inviting Bids, in accordance with the Standards set forth in Section 1773 of the California Labor Code. Copies of the Prevailing Rate of Per Diem Wages are on available on the Internet at http://www.dir.ca.gov/DLSR/PWD.
The Contractor shall comply with the provisions of Section 1775 of the Labor Code which, so far as material hereto, reads as follows: “The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor… or subcontractor under the contractor.”
The Contractor and each Subcontractor performing work, in conjunction with the awarded Contract, shall comply with the provisions of Section 1776 of the Labor Code of the State of California.
2. The prevailing wage rates specified by the State of California are minimum rates only, and the City will not consider any claims for additional compensation made by the Contractor or Subcontractor because of payment by the Contractor or Subcontractor of any wage rate in excess of the applicable rate contained in this Contract.
If Premium Time Work and/or Time and Material Work not expressly included in this Contract becomes necessary during the performance of the Project, the Contract may be amended to include such work at the applicable Contract rates or at rates as may be mutually agreed upon in writing by the City and the Contractor.
3. Eight (8) hours of labor constitutes a legal day’s work for each worker employed in the execution of this Contract. The time of service of any worker employed in the execution of this Contract is limited to eight (8) hours during any one (1) calendar day and forty (40) hours during any one (1) calendar week, except as hereinafter provided.
Notwithstanding the provisions of Sections 1810 through 1814 of the California Labor Code, and any stipulations included herein pursuant thereto, the Contractor shall ensure that all work performed by its employees and those of any Subcontractor in excess of eight (8) hours in any one (1) day or forty (40) hours in any one (1) week in the performance of this Contract is compensated at a rate of not less than one and one-half (1½) times the applicable basic rate of pay. The Contractor shall pay the per diem wages to the workers needed to execute the Contract as defined in Labor Code Section 1773.9.
4. Only apprentices who are in training under apprenticeship standards and written apprentice agreements complying with Division 3, Chapter 4, Section 3070, et seq., of the Labor Code, are eligible to be employed in the performance of this Contract.
The term ‘apprentice’ as used in these Contract Documents means a person at least sixteen (16) years of age who has entered into a written agreement with an employer or their agent, and association of employers, or an organization of employees, or a joint committee representing both in conformity with the provisions of Division 3, Chapter 4, Section 3070, et seq., of the Labor Code.
Every apprentice employed in performance of this Contract shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which they are employed and shall be employed only at the work of the craft or trade to which they are indentured.
The Contractor or any Subcontractor performing any of the work under this contract who employs journeymen or apprentices in any apprentice able craft or trade and is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work to be constructed or performed under this Contract, to which fund or funds other Contractors in that area are contributing, shall contribute to the fund or funds in each craft or trade in which the Contractor or Subcontractor employees journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as other Contractors do, but where the trust fund administrators are unable to accept such funds, Contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council.
The Contractor or Subcontractor may add the amount of such contribution in computing their Bid for the Contract. The Contractor shall be responsible for complying with Section 1777.5 of the Labor Code for all apprenticeable occupations.
The Contractor shall conform to all requirements of Sections 1777.5 and 1777.6 of the Labor Code.
5. For further requirements related to matters specifically mentioned above, reference is hereby made to Division 2, Part 7, Chapter 1 of the Labor Code, with which compliance is required.
6. Pursuant to 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, 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 Cartwright Act (Chapter 2 [commencing with Section 16700] or 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 subcontract. The 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.” H. Contractor’s License Classifications
The Proposer shall possess a valid California B – General Building Contractor License or C-21 – Building Moving/Demolition Contractor and HAZ - Hazardous Substance Removal Certification at the time that the Contractor submits its bid. Failure to possess the specified license shall render the Bid non-responsive and shall act as a bar to award of the Contract to any Proposer not possessing said license at the time of bid. Contractors and all subcontractors must maintain current licensing throughout the life of the project.
These license classifications are appropriate for nuisance abatement services that involve structural securing, debris removal, demolition of accessory structures, and related abatement activities.
The selected contractor may utilize subcontractors for portions of the work requiring specialized trades or licenses not held by the prime contractor. All subcontracted work shall be performed by contractors holding the appropriate CSLB license classification required for the specific work being performed, in accordance with California law.
Examples of specialized work that may require licensed subcontractors include, but are not limited to:
• Tree trimming or removal
• Structural demolition beyond the scope of the prime contractor’s license • Hazardous material abatement or environmental remediation • Biohazard cleanup services
• Electrical or plumbing disconnections
• Fence installation or structural repairs
The prime contractor shall remain fully responsible for the coordination, supervision, and performance of all subcontractors and shall ensure that each subcontractor maintains the required licenses, certifications, and insurance coverage.
Proof of subcontractor licenses and insurance may be required by the City prior to commencement of work.
No contractor or subcontractor may be listed on a bid quotation for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
I. Safety Practices
The Contractor and all Subcontractors are fully responsible for the safe performance of all work for which they are contractually committed. The Contractor and all Subcontractors must provide adequate protection for the health and safety of City employees, the general public, and their own personnel. The Contractor and Subcontractors must have in place their own Injury and Illness Prevention Program as required by Labor Code § 6401.7 and Title 8 § 1509 and § 3203 of the California Code of Regulations.
1. The Contractor and all Subcontractors shall develop and maintain a safety program in compliance with Public Law 91-596, Occupational Safety and Health Act (OSHA), 29 CFR Series 1910. The Contractor and all Subcontractors' personnel shall work in a safe manner and comply with all applicable safety regulations. The Contractor and all Subcontractorsshall be subject to safety inspections of their work sites by the City. The Contractor’s and all Subcontractors’ safety records shall be available upon request. All unsafe incidents shall be immediately reported. A copy of the safety program implemented for the resulting contract shall be provided to the City for review and concurrence.
2. Accident Reporting: The Contractor and all Subcontractors shall maintain an accurate record of, and shall report to the City, exposure data and all accidents resulting in death, traumatic injury, or occupational disease, incidental to work performed under this Contract.
3. Damage Reporting: The Contractor and all Subcontractors shall maintain an accurate record of, and shall report to the City, damage to property, materials, supplies, and equipment incidental to work performed under this Contract. Damage resulting from Contractor and all Subcontractors' negligence, as determined by the City, shall be the responsibility of the Contractor and all Subcontractors.
4. Environmental Protection Compliance with Laws and Regulations. The Contractor and all Subcontractors shall be knowledgeable of and comply with all applicable interstate, federal, state, and local laws, regulations, and requirements regarding environmental protection. The Contractor and all Subcontractors shall comply with Federal Environmental Protection Agency law as it applies to hazardous materials handling, transportation, and waste management. The Contractor and all Subcontractors are responsible for any liability regarding the release of substances.
J. Payroll Records
The Contractor shall comply with the requirements of Section 1776 of the Labor Code, of the State of California.
Failure of the Contractor to comply with the Labor Code requirements to pay prevailing wages and to maintain certified payroll records may result in withholding from progress payments amounts for unpaid wages and penalties as authorized by the Labor Code.
K. Subcontractors
[ ] Subcontracting is NOT allowed for this Solicitation and resulting Contract [X] Subcontracting is allowed for this Solicitation and resulting Contract
1. The Contractor shall set forth the name, license number, and the location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about work involving an amount in excess of one-half of one percent (.5%) of the Contractor’s total bid, and the portion of the work which will be done by each such subcontractor, it is understood the Contractor is to do the work himself.
2. The Contractor shall not substitute any subcontractor in place of the subcontractor designated in the original Proposer’s Quotation, nor permit any such subcontract to be assigned or transferred to allow it to be performed by anyone other than the original subcontractor listed in the Proposer’s Quotation, nor sublet or subcontract any portion of the work in excess of one half of one percent (.5%) of the total amount bid as to which his original bid quotation did not designate a subcontractor, except and unless the prior formal written approval of the City has been obtained.
3. The Contractor shall comply with Section 4100 to 4114, inclusive, of the Public Contracts Code of the State of California.
L. Bid Security Bonds (If the individual project exceeds $25,000, the Awarded Contractor shall provide a Performance and Payment Bond in the full amount of the individual project.) [X] The successful Contractor shall post a performance bond, certified check or money order in the amount of 100% of the contract price if awarded the purchase. Such a bond is requested by the City before the contract is fully executed and collected within ten (10) calendar days prior to execution as a guarantee of timely delivery, and that equipment, materials, and/or goods are delivered according to specifications.
City may request the Bond sooner if time is of the essence on the project. [X] The successful Contractor shall post a payment bond in the amount of 100% of the contract price if awarded the Contract. Such a bond is requested by the City before the contract is fully executed and collected within ten (10) calendar days prior to execution. City may request the Bond sooner if time is of the essence on the project.
Except as otherwise provided in the price agreement, a Proposer to whom a Contract is awarded shall promptly furnish, at his own cost and expense, the requisite Faithful Performance and Payment Bonds with a responsible Corporate Surety authorized to issue such bonds in California on the bond forms provided by the City, (or form approved by the City Attorney) and subject to approval of the City Attorney.
1. Faithful Performance Bond. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract price, including any escalation stated in the Proposer’s Quotation and continued upon the faithful performance by the said Proposer of all covenants, terms, conditions and stipulations in the manner specified therein, and that all materials used and workmanship employed in the performance of the Contract shall be free from defects, and that should any defects therein appear within a period of one (1) year from the date of acceptance by the City, the Contractor shall, at his own cost and expense, repair, replace and correct such defects to the satisfaction of the City, within thirty (30) days after notice thereof by the City. a. In the event of an award of a multi-year contract, the performance bond is required to be renewed or extended with the use of a Continuation Certificate and filed with the City annually. The City requests and requires Verification/Validation that the bond remains in effect for the full term of the contract.
b. Continuous Bond – The phrase “otherwise it shall remain full force and effect” confirms the bond remains in effect without renewal documentation.
2. Payment Bond. The Contractor to whom the contract is awarded shall, in addition to the Faithful Performance Bond, furnish a Payment Bond in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract price and shall be conditioned and provide that if the Contractor or his Subcontractors, fails to pay for any materials, transportation, appliances, or utilities used in, upon, for or about the performance of the Work contracted to be done, or for any Work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such Work or labor, said Surety will pay the same in an amount not exceeding the sum set forth in this contract, and also in case suit is brought upon the bond a reasonable attorney’s fee to be fixed by the Court. This bond shall inure to the benefit of any and all persons, firms, and corporations entitled to file claims under and by virtue of the provisions of Section 9100 of the Code of Civil Procedure of the State of California.
a. In the event of an award of a multi-year contract, the performance bond is required to be renewed or extended with the use of a Continuation Certificate and filed with the City annually. The City requests and requires Verification/Validation that the bond remains in effect for the full term of the contract.
3. Continuous Bond – The phrase “otherwise it shall remain full force and effect” confirms the bond remains in effect without renewal documentaSubmittal of Bid Proposals. The bid security shall be submitted as set forth below. a. Cash, Cashiers/Certified Check. If Bid Security is in the form of cash or cashiers/certified check, the cash proceeds or cashiers/certified check must be submitted in a sealed envelope with the exterior prominently marked with: “ATTENTION PURCHASING DIVISION”; the Proposer’s name, Project Name and Bid/Solicitation Number to the City before the latest date/time for submitting Bid Proposals. Bid Security received thereafter may result in rejection of the Proposer’s proposal for non-responsiveness.
M. Estimated Expenditure
No guarantee can be given that any total will be reached or exceeded. Vendor agrees to furnish more or less at the unit prices quoted in accordance with the City’s actual requirements throughout the Contract period. This Contract will be renewed per the term of the contract specified herein, pending appropriation of expenditures in the City’s budget and approval by City Council of the budget.
N. Prices and Discounts
1. It shall be understood that the unit prices bid is firm for the initial year of the Contract.
2. It shall be understood that the unit prices provided shall be in accordance with the Department of Industrial Relations (DIR) website https://www.dir.ca.gov/oprl/dprewagedetermination.htm .
3. Proposers shall identify the classifications working in support of the price agreement on the Proposer’s quotation sheet and the PWC-100 Registration form.
4. Proposer agrees that the unit pricing may adjust upon mutual agreement between the Contractor and City. Basis of adjustment may include, but not limited to, the Bureau of Labor Statistics Consumer Price Index (CPI) and/or the DIR Director’s General Prevailing Wage Determination.
5. All prices shall be FOB delivered to the City of Lancaster.