PureVax Merial nonadjuvanted rabies vaccination for cats. $25.00 Vaccination Fee Spay or Neuter - Dog Staff time and supply costs to spay or neuter a dog $80.00 Each Fee Spay or Neuter - Cat Staff time and supply costs to spay or neuter a cat $40.00 Each Fee X-Ray - Small X Ray service - Small $90.00 Session Fee
X Ray - Large X Ray service - Large $230.00 Session Fee Relinquish/Drop Off Fee Fee for owner to release placeable (adoptable) animal to Animal Care Services. Fee varies
$0.00 Animal Fee
Relinquishment - Alive Animal of NonContract City OwnerFee for non-residents to release an owned animal to animal care services (includes category above plus penalty)
$115 penalty +
applicable
relinquishment fee
Animal Fee
Stray/Non-Owner Relinquishment -
Dead/Alive
No fee to release stray (not owned) animals to animal control $0 No Fee Fee Dead Animal Surrender Fee to dispose of a deceased pet $25.00 Animal Fee Deposit (covers replacement cost of
trap and tax)
Deposit fee to rent cat trap; Deposit is forfeited after 30 days if trap is not returned or damaged
$80 Trap Fee
Rental Charge (per day of use) Charge to rent cat trap - charge begins on the first day of rental $0.00 Day Rent Trap Pick-up or Drop-off (includes
officer time)
Fee for animal control to pick-up or drop-off a trap $120.00 Pick-up/Dro p Off
Fee
Animal Display Limited display of approved animals by a certified non-profit organization for the purposes of promoting adoption on city property; must have current business license and transfer permit
$0 Event Fee
Animal Exhibitions (circus, rodeos,
battle
re-enactments, dog shows promoting
pure-bred
animals and breeding etc.)
Fee for a minimum of (2) animal control officers for a minimum of (8) hours per day to monitor and enforce animal laws and administration time
$1925.00 Day Fee
Dog Breeding Permit Application Fee to process dog breeding permit application - nonrefundable (as stated in municipal code), includes police time$5255.00 Application Fee
CAT TRAPS
DROP OFF/OWNER RELINQUISHED ANIMALS (DOGS, CATS, OTHER) X-Ray Prices
PERMITS
DEAD ANIMAL DISPOSAL
Dog Breeding Permit - Annual
Renewal
Fee for dog breeding permit - non-refundable (as stated in municipal code)
$1980.00 Annual Fee
Animals Used in Commercial Setting Permit fee for Animals Used in Commercial Setting $240.00 Day Fee Possession of Dangerous Animal Permit fee for first dangerous animal (includes officer inspection and administration of permit)
$610.00 Annual Fee
Transfer for Sale Permit (exempted
classes)
Transfer for Sale Permit (exempted classes) $0 Permit Fee Transfer for Sale Permit (pet shops) Fee for pet shops to sell/transfer animals (as stated in municipal code)
$120.00 Annual Fee
Court Restitution Reimbursement for animal control staff time needed to prepare/file court cases (per hour)
Actual Cost Hour Fee
Veterinary Clinic Fee charged for inspection of new/remodel veterinary clinics $240.00 Inspection Fee Pet Shops Fee charged for plan review on new/remodel pet shops $240.00 Inspection Fee Pet Groomers Fee charged for plan review on new/remodel pet grooming facilities
$240.00 Inspection Fee
Kennel/Daycare Facilities Fee charged for plan review on new/remodel kennels/animal day care facilities
$240.00 Inspection Fee
Boarding stables Fee charged for plan review of new/remodel horse stables $240.00 Inspection Fee First Violation Penalty charged for L.B.M.C. Section 6.08 and
6.20 violations (Dog Licensing and Fowl, Rabbits & Goats) $100 Violation Penalty
Second Violation within One Year of
Initial Violation
Penalty charged for L.B.M.C. Section 6.08 and
6.20 violations (Dog Licensing and Fowl, Rabbits & Goats) $200 Violation Penalty
Subsequent Violations Penalty charged for L.B.M.C. Section 6.08 and
6.20 violations (Dog Licensing and Fowl, Rabbits & Goats) $250 Violation Penalty
DOG LICENSING AND FOWL, RABBITS & GOATS
PET SHOP
INVESTIGATIVE SERVICES
INSPECTION FEES
KENNEL/ DAYCARE
HORSE STABLES
ADMINISTRATIVE PENALTIES FOR LONG BEACH MUNICIPAL CODE VIOLATIONS
ADMINISTRATIVE PENALTIES FOR LONG BEACH MUNICIPAL CODE VIOLATIONS
ANIMAL SHELTER, RABIES CONTROL, POLICE ANIMALS & ANIMAL REGULATIONS
First Violation Penalty charged for L.B.M.C. Sections 6.04;
6.12; 6.28; 6.16 excluding Sub-sections
6.16.080 & 6.16.190 violations
$100 Violation Penalty
Second Violation within One Year of
Initial Violation
Penalty charged for L.B.M.C. Sections 6.04;
6.12; 6.28; 6.16 excluding Sub-sections
6.16.080 & 6.16.190 violations
$200 Violation Penalty
Subsequent Violations Penalty charged for L.B.M.C. Sections 6.04;
6.12; 6.28; 6.16 excluding Sub-sections
6.16.080 & 6.16.190 violations
$500 Violation Penalty
First Violation - Alters animal Penalty charged for L.B.M.C. Sections
6.16.080 & 6.16.190 violation
$350 Violation Penalty
Second Violation within One Year of
Initial Violation
Penalty charged for L.B.M.C. Sections
6.16.080 & 6.16.190 violation
$700 Violation Penalty
Subsequent Violations Penalty charged for L.B.M.C. Sections
6.16.080 & 6.16.190 violation
$1,000 Violation Penalty
First Violation - Failure to Surrender
Vicious Animal
Penalty charged for L.B.M.C. Sections 6.16.260.C $350 Violation Penalty Second Violation within One Year of
Initial Violation
Penalty charged for L.B.M.C. Sections 6.16.260.C $700 Violation Penalty Subsequent Violations Penalty charged for L.B.M.C. Sections 6.16.260.C $1,000 Violation Penalty First Violation - Violation of Vicious
Animal Rules
Penalty charged for L.B.M.C. Sections 6.16.290.C $350 Violation Penalty Second Violation within One Year of
Initial Violation
Penalty charged for L.B.M.C. Sections 6.16.290.C $700 Violation Penalty Subsequent Violations Penalty charged for L.B.M.C. Sections 6.16.290.C $1,000 Violation Penalty Deposit: Vicious Animal Appeal
Process
Security deposit held for parties declared vicious. Deposit is refunded if the appeal is granted.
Cost of
Citation
Appeal Penalty
Deposit: Administrative Citation
Appeal Process
Security deposit held for parties who request an appeal hearing for the issuance of an Administrative Citation. Deposit is refunded if the appeal is granted.
Cost of
Citation
Appeal Penalty
Late Penalty fee for $100 citation Late Penalty fee for $100 citation $25 Per late $100 citation
Penalty
Late Penalty fee for $200 citation Late Penalty fee for $200 citation $50 Per late $200 citation
Penalty
ANIMAL BREEDING & TRANSFER
VICIOUS ANIMAL PENALTIES
ADMINISTRATIVE PENALTIES FOR LONG BEACH MUNICIPAL CODE VIOLATIONS
LATE PENALTY - CITATION
LATE PENALTY OF 25% PER CITATION WHEN NOT PAID OR APPEALED WITHIN 30 DAYS OF CITATION ISSUE DATE
Late Penalty fee for $250 citation Late Penalty fee for $250 citation $62.50 Per late $250 citation
Penalty
Late Penalty fee for $350 citation Late Penalty fee for $350 citation $87.50 Per late $350 citation
Penalty
Late Penalty fee for $500 citation Late Penalty fee for $500 citation $125 Per late $500 citation
Penalty
Late Penalty fee for $700 citation Late Penalty fee for $700 citation $175 Per late $700 citation
Penalty
Late Penalty fee for $1000 citation Late Penalty fee for $1000 citation $250 Per late $1,000
citation
Penalty
Medications and Treatment Medications and/or solutions administered to animal patient during treatment, including administration cost
Actual Cost Animal Fee
Non-Medical Treatment Charge for additional medical treatment for impounded animals. This including grooming and miscellaneous medical treatment above and beyond normal impound procedures,
including grooming or administering veterinarian mandated medical treatment, including pharmaceuticals. This is an hourly charge, with a minimum 1 hour per occurrence
Actual Cost Actual cost.
One Hour
minimum
Fee
Urban Agriculture Fee for Goats (2) Permit for residents who choose to own (2) goats. A permit for a single goat is not allowed.
$240.00 Each Fee
Urban Agriculture Fee for Chickens
(5-20)
Permit for residents who choose to own more than 4 chickens $240.00 Each Fee
REPRESENTATIVE SIGNATURE DATE
VETERINARY CARE
URBAN AGRICULTURE
REPRESENTATIVE TITLE
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 20, 2024 ITEM NUMBER: 11I
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Request for Proposals (RFP) for Signing and Striping Improvements on Lexington Drive between Katella Avenue and Farquhar Avenue (CIP 23/24-09)
SUMMARY
Striping and pavement marking assist in maintaining safe and up-to-date standards that comply with current Federal and State guidelines. The City received several complaints regarding speeding, lack of parking, and corner visibilities along Lexington Drive between Katella Avenue and Farquhar Avenue. The City's Traffic Engineer evaluated the conditions and developed a plan to respond to residents’ concerns.
RECOMMENDATION
1. Approve the Request for Proposal (RFP) for the plans and specifications for the Signing and Striping Improvements on Lexington Drive between Katella Avenue and Farquhar Avenue (CIP 23/24-09); and,
2. Authorize Staff to advertise and solicit proposals.
BACKGROUND
The City of Los Alamitos is responsible for the maintenance of approximately 55 miles of streets that must be maintained to provide safety for vehicles, bicyclists, and pedestrians.
The striping of Lexington Drive between Katella Avenue and Farquhar Avenue will calm vehicle speed, provide corner visibility for vehicles, and provide additional parking.
DISCUSSION
Street and pavement markings convey important safety messages to roadway users, calm vehicle speed, assist with safety for vehicles, bicyclists, and pedestrians, and provide directions for drivers. Lexington Drive is 64 feet with two lanes (one lane in each direction).
It is a north-south roadway with a posted speed limit of 30 miles per hour (MPH), and parallel street parking is allowed on both sides. Lexington Drive connects Katella Avenue to the north and the Joint Forces Training Base to the south. The vast majority of adjacent land uses are residential.
The
propose
d plan
will create an orderly traffic flow by keeping vehicles within the lane lines, improve safety, improve corner visibility at intersections and driveways, and, most importantly, create an additional twenty-six parking spaces along the entire length of Lexington Drive between Katella Avenue and Farquhar Avenue. The City proposes installing two 11-foot travel lanes, ninety-five angled parking spaces (currently sixty-nine parallel parking spaces), and a 2- foot buffer between travel lanes and the back of parking stalls. The Lexington Avenue Striping Plan was presented to the Traffic Commission at their June 14, 2023 meeting, discussed, and ultimately rejected due to their concerns about the 15–20 feet of the proposed no parking at the corner of Lexington Avenue and Howard Street. The proposed diagonal parking would eliminate the 15–20 feet of parking adjacent to the corner.
FISCAL IMPACT
The engineering estimate for this project is $25,000, and funding for this service will be expensed out of the Development Services - Public Works Street Division.
Attachment: 1. Contract Documents and Specifications for CIP 23/24-09
2. CIP 23/24-09 - On -Street Parking Concept Plan
3. Engineer's Estimate for On-Street Parking
CITY OF LOS ALAMITOS
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
MAY 2024
NOTICE TO THE BIDDERS:
1. Bids will be received electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities).
2. Bid bond required – 10% of bid amount to be submitted to the Development Services Department.
3. Bids must be received by 11:00 a.m. on June 12, 2024, per future addendum
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CITY OF LOS ALAMITOS
SPECIFICATIONS FOR
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
GENERAL REQUIREMENTS AND TECHNICAL PROVISIONS
PREPARED BY:
Willdan Engineering
13191 Crossroads Pkwy South, Suite 405
Industry, Ca
(562) 908-6200
MAY 2024
Farhad Iranitalab, P. E.
P.E. 33142
FOR THE CITY OF LOS ALAMITOS
PUBLIC WORKS DIVISION
DEVELOPMENT SERVICES DEPARTMENT
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TABLE OF CONTENTS
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23-24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION
NOTICE INVITING ELECTRONIC BIDS .................................................................................................A INSTRUCTIONS TO BIDDERS..................................................................................................................B PROPOSAL INFORMATION AND DOCUMENTS ..................................................................................C CONTRACT INFORMATION AND DOCUMENTS.................................................................................D STANDARD SPECIFICATIONS.................................................................................................................E SPECIAL PROVISIONS...............................................................................................................................F SPECIAL PROVISIONS – SIGNING, STRIPING AND PAVEMENT MARKERS.................................G
This page is intentionally left blank.
SPC24-05
SECTION A – Page 1
NOTICE INVITING BID
SECTION A
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
NOTICE INVITING ELECTRONIC BIDS
SPC24-05
SECTION A – Page 2
NOTICE INVITING BID
This page is intentionally left blank.
SPC24-05
SECTION A – Page 3
NOTICE INVITING BID
NOTICE INVITING ELECTRONIC BIDS
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Los Alamitos as AGENCY, invites electronic bids for the above stated project and will receive such bids electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities). Bids will be received up to the hour of 11:00 a.m., on June 12, 2024, and will be opened virtually at that time. If you would like to attend the virtual bid opening, it will be accessible through Microsoft Teams Meeting:
Join the meeting now
Meeting ID: 292 961 132 920
Passcode: Hi6eDb
The City of Los Alamitos proposes to modify existing signing and striping on Lexington Drive from Katella Avenue Farquhar Avenue.
Bids must be prepared on the approved bid forms in conformance with INSTRUCTIONS TO BIDDERS and must be submitted electronically on BidNet Direct (BidNet), accessible through the Agency’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective bidder must first register as a vendor through the Agency’s BidNet portal. No hard copy bid packages will be accepted.
Plans and specifications will be available for review on BidNet. All relevant materials shall be obtained from the link above. The Agency is not responsible for and accepts no liability in the event a response is late due to any network, internet or any other technical problem or interruption. The bidder is solely responsible for the “on time” submission of their electronic bid. The Agency will only consider bids that have been transmitted successfully and have been issued an e-bid confirmation number. Bidders experiencing any technical difficulties with the bid submission process may contact BidNet at (800)835- 4603.
In accordance with the provisions of California Public Contract Code § 3300, and Business and Professions Code § 7028.15(e), the Agency has determined that the contractor shall possess a valid Class A or C32 contractor’s license at the time that the contract is awarded. Failure to possess the specified license shall render a bidder’s bid as non-responsive and shall bar award of the contract to any bidder not possessing the specified license at the time of the award.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CA 95826. At the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material shall not be made unless and until the Registrar of Contractors verifies to the Agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractors’ State Board. Failure of the bidder to obtain proper and adequate licensing for
SPC24-05
SECTION A – Page 4
NOTICE INVITING BID
an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. (Public Contract Code § 20103.5) THE BID MUST BE ACCOMPANIED BY A BID GUARANTEE IN THE AMOUNT OF 10% OF
THE TOTAL BID PRIOR TO THE BID SUBMISSION DEADLINE, SUBMITTED TO THE DEVELOPMENT SERVICES DEPARTMENT, ATTN: PUBLIC WORKS DEPARTMENT SECRETARY, 3191 KATELLA AVENUE, LOS ALAMITOS, CA 90720. Sealed envelopes bearing the bid bond should be clearly marked with the project title and CIP number as shown on the cover sheet of these specifications. More specifically, pursuant to Public Contract Code §§ 20170 and 20171, all bids for the project shall be presented, under sealed cover and shall be accompanied by one of the following forms of bidder’s security in the amount of ten percent (10%) of the bid: (a) cash; (b) a cashier’s check made payable to the City of Los Alamitos; (c) a certified check made payable to the City of Los Alamitos; or (d) a bidder’s bond executed by an admitted surety insurer made payable to the City of Los Alamitos.
Such security shall be forfeited should the successful bidder to whom the contract is awarded fails to timely execute the contract and to deliver the necessary bonds and insurance certificates as specified in the contract documents.
To the extent applicable, at any time during the term of the Agreement for the proposed project, the successful bidder may, at its own expense, substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.
Pursuant to California Civil Code § 3247, a payment bond is required to be submitted for all projects estimated in excess of $25,000.00.
The Agency has determined that the proposed project is a public works subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract.
The Agency reserves the right to reject any and all bids.
Questions or Requests for Information (RFIs) or interpretations are due June 2, 2024, at 11:00 a.m., ten (10) days before the time announced for the opening of the bids and shall be submitted on the BidNet portal. If you have any questions, please contact Vandine Ouk at (562)431-3538 ext. 301 or [email protected].
BY ORDER OF the City Council of the City of Los Alamitos, California.
SPC24-05
SECTION B – Page 1
INSTRUCTION TO BIDDERS
SECTION B
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
INSTRUCTIONS TO BIDDERS
SPC24-05
SECTION B – Page 2
INSTRUCTION TO BIDDERS
INSTRUCTIONS TO BIDDERS
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
B1.01 INSPECTION OF SITE OF WORK
Bidders are required to inspect the site of the work to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and as to the actual conditions of and at the site of work. If, during his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the Agency in writing in accordance with B1.04 INTERPRETATION OF CONTRACT DOCUMENTS for additional information and explanation before submitting his/her bid.
The submission of a proposal by the bidder shall constitute the acknowledgment that, if awarded the contract, he/she has relied and is relying on his/her own examination of (a) the site of the work, (b) the access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work and on his/her own knowledge of existing services and utilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of the Agency. No claim for additional compensation will be allowed which is based upon a lack of knowledge of these items.
B1.02 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the Agency may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidders’ attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract document.
B1.03 CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE
Bidder’s attention is called to the provisions set forth in SECTION E, STANDARD SPECIFICATIONS, particularly those pertaining to the contract period and liquidated damages for avoidable delays.
The Contractor shall begin work within fifteen (15) calendar days after the date of the Notice to Proceed and shall diligently prosecute said work to completion before the expiration 15 WORKING DAYS. The Contractor shall pay to the Agency the sum of $500.00 per day, for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above.
B1.04 INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and delivered to the Agency at least ten (10) days before the
SPC24-05
SECTION B – Page 3
INSTRUCTION TO BIDDERS
time announced for opening the proposals. Interpretations by the Agency will be in the form of addenda to the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom the contract documents have been issued. Agency makes no guarantee that all bidders will receive all addenda. Copies of the addenda will be made available for inspection at the office where contract documents are on file for inspection as indicated on the Invitation for Bids. All such addenda shall become part of the contract. All questions shall be addressed to Chris Kelley, City of Los Alamitos, (562) 357-5411.
B1.05 SOIL INFORMATION
Soil reports have not been prepared for this project.
B1.06 PROPOSAL
Proposals shall be made on the forms enclosed in SECTION C of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, both in words and in numbers, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and mailing address must be shown; if made by firm or partnership, the name and mailing address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and mailing address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished demonstrating the authority of the officer signing the proposal to execute contracts on behalf of the corporation.
Each proposal shall be submitted as specified in SECTION A - NOTICE INVITING SEALED BIDS.
Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic or telephonic proposals or modifications will be considered.
In conformance with the Business and Profession Code, § 7028.15, the Contractor must state clearly his/her license number and expiration date. In addition, he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the EXPERIENCE STATEMENT in SECTION C.
The contractor will be required to pay prevailing wage pursuant to California Law, including California Labor Code §§ 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the offices of the Agency.
B1.07 ADDENDA
Each proposal shall include specific acknowledgment in the space provided on SECTION C - BID PROPOSAL of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive.
B1.08 BID PRICES
Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities
SPC24-05
SECTION B – Page 4
INSTRUCTION TO BIDDERS
and all management, superintendence, labor and services, except as may be provided otherwise in the contract documents. In the event of a difference between a price quoted in words and a price quoted in numbers for the same quotation, the words shall be the amount bid.
In preparing bid prices, bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect the performance of the work in any manner. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.
The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as the Design Engineer supposes or believes them to exist but is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Agency, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.
The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in the BID SCHEDULE in SECTION C are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The contractor shall be responsible for verifying all estimated quantities. The contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.
The Contractor will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.
B1.09 TAXES
No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.
B1.10 RECOGNITION OF BONDING COMPANIES
All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.
B1.11 QUALIFICATION OF BIDDERS
Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided in SECTION C.
Each bidder shall possess a valid Contractor’s License issued by the Contractor’s State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the
SPC24-05
SECTION B – Page 5
INSTRUCTION TO BIDDERS
contract. Each bidder shall also have no less than five (5) years’ experience in the magnitude and character of the work bid.
It is the intention of the Agency to award a contract to a bidder who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient capital, facilities, and plant to enable him/her to prosecute the work successfully and properly, and to complete it within the time stated in the contract.
To determine the degree of responsibility to be credited to the bidder, the Agency will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in the opinion of the Agency, a bidder is determined to be insufficiently qualified, then that bidder will not be considered for award of the contract.
B1.12 DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in SECTION C the name and address of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half percent of the total amount of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Contractor to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.
Public Contract Code § 4104 requires all bidders to list subcontractors who will perform work in excess of ½% of the total bid, or in the case of streets and highways, ½% or $10,000, whichever is greater.
Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7.
B1.13 PROPOSAL GUARANTEE
The proposal shall be accompanied by a proposal guarantee bond duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payments to the Agency in the sum of at least 10% of the total amount of the bid proposal, or alternatively by a certified or cashier’s check payable to the Agency, or cash, in the sum of at least 10% of the total amount of the bid proposal. The amount payable to the Agency under the proposal guarantee shall be forfeited to the Agency in case of failure or neglect of the bidder to furnish, execute and deliver to the Agency the required bonds, evidence of insurance and to enter into, execute and deliver to the Agency the agreement on the form provided herewith, within ten (10) days after being notified in writing by the Agency that the award has been made and the agreement is ready for execution.
B1.14 MODIFICATION OF PROPOSAL
A modification of a bid proposal already received will be considered only if the modification is received before the time announced for the opening of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid proposal.
B1.15 WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the Agency’s designated official prior to the bid opening hour stipulated in SECTION A – NOTICE INVITING SEALED BIDS. Proposals may not be withdrawn after that time without forfeiture of the
SPC24-05
SECTION B – Page 6
INSTRUCTION TO BIDDERS
proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.
B1.16 POSTPONEMENT OF BID OPENING
The Agency reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING SEALED BIDS.
B1.17 DISQUALIFICATION OF BIDDERS
If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. If any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.
B1.18 REJECTION OF PROPOSALS
The Agency reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the Agency; which are accompanied by insufficient or irregular bid security; or which are from bidders who have previously failed to perform properly or to timely complete contracts of any nature.
B1.19 AWARD OF CONTRACT
The Contract will be awarded, if at all, to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the Agency. However, until an award is made, the Agency reserves the right to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.
Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The Agency reserves the right to delay the award of the project for 45 calendar days.
After 45 calendar days, the low bidder may at any time request release from its bid without penalty.
The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted. No other act of the Agency shall constitute acceptance of a proposal. The award of contract shall obligate the bidder whose proposal is accepted to furnish a performance bond, payment bond and maintenance bond, as well as evidence of insurance and to execute the contract set forth herein.
B1.20 RETURN OF PROPOSAL GUARANTEES
Within ten (10) calendar days after the bids are opened, the Agency will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two lowest bidders will be held until the contract has been fully executed, after which they will be returned to the respective bidders.
B2.21 EXECUTION OF CONTRACT
SPC24-05
SECTION B – Page 7
INSTRUCTION TO BIDDERS
The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds and evidence of insurance, within ten (10) calendar days after the notification of the contract award by the Agency in writing. In case of failure of the successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by Agency, the Agency at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the Agency. After execution by the Agency, one original contract shall be returned to the Contractor.
B1.22 FLEXIBILITY OF BID SCHEDULE
It is the intent of the Agency to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project within the Agency’s budget limits and constraints.
SPC24-05
SECTION C – Page 1
PROPOSAL INFORMATION AND DOCUMENT
SECTION C
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
PROPOSAL INFORMATION AND DOCUMENTS
PROPOSAL INFORMATION AND DOCUMENTS
BID PROPOSAL
BID SCHEDULE
BID BOND
NON-COLLUSION AFFIDAVIT
BID GUARANTEE
BIDDER INFORMATION
EXPERIENCE STATEMENT
DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
SPC24-05
SECTION C – Page 2
PROPOSAL INFORMATION AND DOCUMENT
BID PROPOSAL
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned, as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the Agency on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.
The following are included and are to be considered as forming a part of this proposal: BID
PROPOSAL, BID SCHEDULE, BID BOND, NONCOLLUSION AFFIDAVIT, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS & SUBCONTRACTORS, BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE, and STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.
Contractor acknowledges receipt and inclusion of addenda ______ to ______ into this bid proposal and the contract documents.
Attached is a Bid Bond duly completed by a guarantee company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of this proposal, or alternatively, there is attached a certified or cashier’s check payable to the Agency or evidence of a cash payment to the Agency, in the amount of at least 10% of the total amount of our proposal.
If this proposal is accepted, we agree to sign the contract form and to furnish the Performance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidence of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.
We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION E - TIME OF COMPLETION.
NAME OF BIDDER: ____________________________________________________________ MAILING ADDRESS: ___________________________________________________________ STATE OF INCORPORATION: ___________________________________________________ AUTHORIZED SIGNATURE: ____________________________________________________ TITLE: _______________________________________________________________________ DATE: _______________________________________________________________________ (If Company is a corporation, provide corporate resolution per B 1.06 PROPOSAL.)
SPC24-05
SECTION C – Page 3
PROPOSAL INFORMATION AND DOCUMENT
BID SCHEDULE
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The cost of all labor, services, material, equipment and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION F–SPECIAL PROVISIONS. The Agency reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.
The Agency reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the Agency.
The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.
The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.
The Contractor shall be responsible for calculating and providing totals for the bid schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications and details.
NAME OF BIDDER:_________________________________________________________ CONTRACTOR’S LICENSE NO.:______________________________________________ AUTHORIZED SIGNATURE:__________________________________________________ TITLE:____________________________________________________________________ DATE:____________________________________________________________________
SPC24-05
SECTION C – Page 4
PROPOSAL INFORMATION AND DOCUMENT
BID SCHEDULE (Continued)
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
BID SCHEDULE
No. Item Description Estimated
Quantity
Unit Unit Price Item Amount
1 Install Striping complete per plan. 1 LS $ $
$ $
$ $
$ $
$ $
$ $
Total
Bid Schedule Total $
Bid Schedule Total (in words):
The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.
The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.
(Company Name of Bidder) (Date)
SPC24-05
SECTION C – Page 5
PROPOSAL INFORMATION AND DOCUMENT
BID BOND
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS that Bidder ________________________, as PRINCIPAL, and ______________________, as SURETY, are held and firmly bound unto the City of Los Alamitos as AGENCY, in the penal sum of ___________________________________________________________ dollars ($____________________), which is ten percent (10%) of the total amount bid by PRINCIPAL to AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.
The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the AGENCY may accept such Bid; and said SURETY does hereby waive notice of any such extension.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and PRINCIPAL provides the required payment and performance bonds and insurance coverages to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this__ day of ., 2024.
PRINCIPAL*
________________
_____________________________________________
_____________________________________________
SURETY* _____________________________________________
_____________________________________________
_____________________________________________
*Provide BIDDER and SURETY name, address and telephone number and the name, title, address and telephone number for their authorized representatives. Power of Attorney must be attached.
Subscribed and sworn to this day of , 2024.
NOTARY PUBLIC _______________________________________________ (SEAL)
SPC24-05
SECTION C – Page 6
PROPOSAL INFORMATION AND DOCUMENT
BID GUARANTEE
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Note: The following statement shall be used if other than a bid surety bond accompanies bid. “Accompanying this proposal is a money order*, certified check*, cashier’s check*, cash*, payable to the order of the City of Los Alamitos in the amount of
_______________________________________________ Dollars ($__________________) which is at least ten percent (10%) of the total amount of this bid. The proceeds of this bid guarantee shall become the property of the City of Los Alamitos provided this bid is accepted by said City, through action of its legally constituted contracting authorities, and the undersigned fails to execute a contract and furnish the required bonds and insurance within the stipulated time. Otherwise, the proceeds of this bid guarantee shall be returned to the undersigned.”
NAME OF BIDDER:
MAILING ADDRESS:
AUTHORIZED SIGNATURE:
TITLE:
DATE:
(*Delete the inapplicable words)
SPC24-05
SECTION C – Page 7
PROPOSAL INFORMATION AND DOCUMENT
BIDDER INFORMATION
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
BIDDER certifies that the following information is true and correct:
Name of Bidder:
Business Address:
Telephone: .FAX:
E-mail:
Contractor’s License No.: Date License Issued: .
License Expiration Date:
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone)
.
.
.
Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date)
.
.
.
All current and prior DBA’s, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates)
.
Prior Disqualification
SPC24-05
SECTION C – Page 8
PROPOSAL INFORMATION AND DOCUMENT
Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity? Yes / No _________. If yes, provide the following information. (If more than once, use separate sheets):
Date: Entity:
Location:
Reason: .
Provide Status and any Supplemental Statement:
.
.
.
Has your firm been reinstated by this entity? Yes / No
Violations of Federal or State Law
A. Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes / No: Federal / State:
If “yes”, identify and describe, (including status): .
.
.
.
Have the penalties been paid? Yes / No:___________________ B. Does you firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws? Yes / No: Codes / Laws: Section / Article:
If “yes”, identify and describe (including status):
.
SPC24-05
SECTION C – Page 9
PROPOSAL INFORMATION AND DOCUMENT
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 2023, at _____________________________________, California.
Authorized Representative Signature and Title________________________________________
SPC24-05
SECTION C – Page 10
PROPOSAL INFORMATION AND DOCUMENT
EXPERIENCE STATEMENT
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board.
Project Title:__________________________________
Client:_______________________________Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________
Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________
Client:_______________________________Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________
Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
SPC24-05
SECTION C – Page 11
PROPOSAL INFORMATION AND DOCUMENT
EXPERIENCE STATEMENT (Continued)
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Project Title:__________________________________
Client:_______________________________Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________
Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________
Client:_______________________________Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________
Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________, 20__, at _____________________________________, California.
_________________________________________________________________ Authorized Representative Signature and Title
SPC24-05
SECTION C – Page 12
PROPOSAL INFORMATION AND DOCUMENT
DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The following is a list of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent of the total bid price or $10,000, whichever is greater.
No subcontractor shall perform work in excess of the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the Agency.
The Contractor is responsible for ensuring that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.
Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.
Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)
SPC24-05
SECTION C – Page 13
PROPOSAL INFORMATION AND DOCUMENT
Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)
These representations are made under the penalty of perjury under the laws of the State of California.
The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.
NAME OF BIDDER: _________________________________________________________ AUTHORIZED SIGNATURE: __________________________________________________ Date: _____________________________
SPC24-05
SECTION C – Page 14
PROPOSAL INFORMATION AND DOCUMENT
NON-COLLUSION AFFIDAVIT
The undersigned declares:
I am the _______________ of _______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______[date], at _____________[city], ______________[state].
__________________________
Signature of Declarant
__________________________
Printed Name of Declarant
SPC24-05
SECTION D – Page 1
CONTRACT INFORMATION AND DOCUMENT
SECTION D
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
CONTRACT INFORMATION AND DOCUMENTS
CONTRACT INFORMATION AND DOCUMENTS
CONTRACT AGREEMENT
PAYMENT BOND
FAITHFUL PERFORMANCE BOND
MAINTENANCE BOND
WORKER’S COMPENSATION INSURANCE CERTIFICATE
INSURANCE ENDORSEMENT
STATEMENT RE INSURANCE COVERAGE
STATEMENT RE THE CONTRACTOR’S LICENSING LAWS
SPC24-05
SECTION D – Page 2
CONTRACT INFORMATION AND DOCUMENT
ARTICLES OF AGREEMENT
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
THIS SIGNING AND STRIPING IMPROVEMENTS ON LOS ALAMITOS
BOULEVARD AGREEMENT (“AGREEMENT”) is made and entered into for the abovestated project this ___ day of _______, 2024 (Council Action Date Here), BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter designated as “AGENCY”, and CONTRACTOR’S BUSINESS NAME, a ____________ (State) ___________ (corporation, partnership, limited liability company, or other business form), hereafter designated as “CONTRACTOR.”
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I: Contract Documents
The contract documents for the SIGNING AND STRIPING IMPROVEMENTS ON LOS ALAMITOS BOULEVARD shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.
ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.
AGENCY hereby employs CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices provided herein, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in this AGREEMENT.
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY 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 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the
SPC24-05
SECTION D – Page 3
CONTRACT INFORMATION AND DOCUMENT
subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.
ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sun of Dollars ($ ,) unless specifically approved in advance and in writing by AGENCY Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.
C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with AGENCY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR upon Agency’s confirmation of CONTRACTOR’S satisfactory completion of this AGREEMENT. At any time during the term of this AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.
ARTICLE IV: Labor Code
AGENCY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and public agencies and agree to be bound by all the provisions thereof as though set forth fully herein. Full compensation for conforming to the requirements of the Labor Code and with other Federal, State and local laws related to labor, and rules, regulations and ordinances which apply to any work performed pursuant to this AGREEMENT is included in the price for all contract items of work involved.
This AGREEMENT is further subject to prevailing wage law, including, but not limited to, the following:
SPC24-05
SECTION D – Page 4
CONTRACT INFORMATION AND DOCUMENT
A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to AGENCY $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by all of its subcontractors.
C. Pursuant to Labor Code § 1776, CONTRACTOR and any subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this AGREEMENT. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code §§ 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.
D. This AGREEMENT is further subject to 8-hour workday and wage and hour penalty law, including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination laws, as follows:
CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8- hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to AGENCY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.
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E. This AGREEMENT is subject to Public Contract Code Section 6109:
CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.
ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids. The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.
B. To the extent that the work requires trenches in excess of five feet (5’) and is estimated to cost more than $25,000, prior to any excavation, CONTRACTOR must provide the AGENCY, or a registered civil or structural engineer employed by the AGENCY to whom authority has been delegated to accept such plans, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.
C. This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to any trenches deeper than four feet (4’) involved in the proposed work as follows:
CONTRACTOR shall promptly, and before the following conditions are disturbed, notify AGENCY, in writing, of any:
(1) Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by all available information provided prior to the deadline for submission of bids. (3) 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.
AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or involve hazardous waste, and cause a decrease or increase in
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CONTRACTOR’s cost of, or the time required for, performance of any part of the work, AGENCY shall issue a change order under the procedures described in this AGREEMENT.
In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT.
CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
ARTICLE VI: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain, and shall require all its subcontractors to maintain, insurance as required by Section E “Standard Specifications” of the Contract Documents.
B. This AGREEMENT is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code Sections 1860 and 1861 as follows:
CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR.
CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected.
CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.
ARTICLE VII: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend, indemnify and hold harmless AGENCY, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “Liabilities”), arising out of, in connection with, resulting from or related to, any act, omission, fault or negligence of CONTRACTOR, CONTRACTOR’s Representative, or any of its officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them (Collectively, the “Indemnitors”), in connection with or
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relating to or claimed to be in connection with or relating to the work performed under this AGREEMENT.
If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.
ARTICLE VIII: Binding Effect
AGENCY and CONTRACTOR each bind itself, its partners, successors, assigns, and legal representatives to the other party hereto and to its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. This AGREEMENT is not assignable nor is the performance of either party’s duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
ARTICLE IX: Dispute Résolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.
Any court action arising out of this AGREEMENT shall be filed in the Los Angeles County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Los Alamitos, California.
B. THE AGENCY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. The AGENCY shall provide timely notification to the CONTRACTOR of the receipt of any third-party claim relating to this AGREEMENT. THE AGENCY shall be entitled to recover its reasonable costs incurred in providing the notification required by this section.
C. This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article
1.5 as though fully set forth herein.
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ARTICLE X: Independent Contractor
CONTRACTOR is and shall at all times remain as to AGENCY, a wholly independent contractor. Neither AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth.
CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the AGENCY.
ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this AGREEMENT. The CONTRACTOR is responsible for ascertaining and arranging to pay such taxes and duties. The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.
ARTICLE XII: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:
AGENCY: Chris Kelley CONTRACTOR: [INSERT CONTACT]
CITY OF LOS ALAMITOS CONTRACTOR’S BUSINESS NAME
3191 Katella Avenue Mailing Street Address
Los Alamitos, CA 90720 City, State Zip Code
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.
The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives, agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be construed pursuant to the laws of the State of California.
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ARTICLE XIV: Authority to Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all rights to challenge signatures on these bases.
ARTICLE XV: General Provisions
A. All reports, documents or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.
B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.
C. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.
Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
D. The waiver by AGENCY or CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by AGENCY or CONTRACTOR unless in writing.
E. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this Xth day of Month, 20XX (Council Action Date Here)
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CONTRACTOR: Contractor’s Business Name
__________________________________________
Contractor’s Sign Name, Title
Contractor’s License No. XXXXXX
Subscribed and sworn to this _______ day of _________, 20__.
NOTARY PUBLIC ______________________________________________ (SEAL) AGENCY: ______________________________ __________
Mayor Date
City of Los Alamitos
ATTESTED: ______________________________ __________
Windmera Quintanar, MMC, City Clerk Date
City of Los Alamitos
APPROVED AS
TO FORM: ______________________________ __________
Michael S. Daudt, City Attorney Date
City of Los Alamitos
(E X E C U T E I N D U P L I C A T E)
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PAYMENT BOND
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE (CIP 23/24-09)
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law; NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and AGENCY in an amount to be fixed by the court.
This bond shall inure to the benefit to any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies AGENCY may have.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ________________, 20__.
Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
Surety* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.
Subscribed and sworn to this___ day of _____________________, 20__.
NOTARY PUBLIC......................................................................................................... .........................................................................................................................................(SEAL) (E X E C U T E I N D U P L I C A T E)
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FAITHFUL PERFORMANCE BOND
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Contractor’s Business Name, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and
, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: SIGNING AND STRIPING IMPROVEMENTS ON LOS ALAMITOS BOULEVARD CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.
In the event a suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay all costs incurred by AGENCY in such suit, including a reasonable attorney’s fee to be fixed by the Court.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this_____day of , 20__
Contractor* Name, Title of Signer
SURETY*………………………………………….
Contractor’s Business Name
……………………………………………
Mailing Street Address
……………………………………………
City, State, Zip Code
……………………………………………
Telephone #
……………………………………………
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*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Power of Attorney must be attached.
Subscribed and sworn to this___ day of ______________ , 20__ NOTARY PUBLIC...................................................................................................(SEAL) (E X E C U T E I N D U P L I C A T E)
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MAINTENANCE BOND
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the abovestated project.
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of DESCRIBE VERBALLY; 50% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to AGENCY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the AGENCY in an amount to be fixed by the court.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of
......................................., 20__.
Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.
Subscribed and sworn to this ............ day of..............................., 20__.
NOTARY PUBLIC................................................................................................... ..................................................................................................................................(SEAL) (EXECUTE IN DUPLICATE)
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WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
DATE: Contractor’s Business Name .
(Contractor)
By:
(Signature)
(Title)
Attest:
By:
(Signature)
(Title)
Note: See Section 5 Legal Relations and Responsibilities, Subsection 5-4 of the Standard Specifications for insurance carrier rating requirements.
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ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company:
Policy Number:
Effective Date:
The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:
1. The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured, and
2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and
3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and
4. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured twenty (20) days’ written notice.
5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate.
6. The company provided insurance for this certificate is a company licensed to do business in the State of California with a Best’s rating of A+ VIII or greater.
It is agreed that the City of Los Alamitos, its officers and employees, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.
Authorized Insurance Agent
Date:
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STATEMENT REGARDING INSURANCE COVERAGE
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 5.4 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.
NAME OF BIDDER: ........................................................................................................
MAILING ADDRESS: ........................................................................................................ ........................................................................................................ ........................................................................................................
AUTHORIZED SIGNATURE: ........................................................................................................
TITLE: ........................................................................................................
DATE: ........................................................................................................
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STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:
Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1)The person is particularly exempted from this chapter. (2)The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.
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f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.
Public Contract Code § 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.
However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.
Contractors License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________
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STANDARD SPECIFICATIONS
SECTION E
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
STANDARD SPECIFICATIONS
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STANDARD SPECIFICATIONS
STANDARD SPECIFICATIONS
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2021 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 800 per the SSPWC.
0-2 NUMBERING OF SECTIONS
The numbering of sections and subsections in these amendments and modifications are compatible with the numbering of sections in the SSPWC.
0-3 AMENDMENTS AND MODIFICATIONS
The following sections of the SSPWC are amended as provided herein. In the event of any inconsistencies between the amendments outlined herein and the SSPWC, these amendments shall control.
1-2 TERMS AND DEFINITIONS
Add the following:
Agent—Shall include persons and companies, other than the Contractor, retained by the City to perform design and construction services in relation to the Work.
Acceptance—The Agency’s formal written acceptance of a project that has been completed in all respects in accordance with the plans and specifications and any modifications thereof.
City—The City of Los Alamitos, California, as the Agency and Owner.
City Council—City Council of the City of Los Alamitos, California.
Construction Manager—Persons and/or company retained by the City to perform construction management services.
Design Engineer—Persons and/or company retained by the City to perform engineering design services.
Due Notice—A written notification, provided in due time, of a proposed action, where the contract requires such notification within a specified time (usually 48 hours or two working days) prior to the commencement of the contemplated action.
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Engineer—The City Engineer of the City of Los Alamitos, or his/her authorized representative.
Geotechnical Engineer—Person licensed to practice Soils Engineering or Geotechnical Engineering pursuant to the laws of the State of California and retained by the Agency during construction.
Prompt—The briefest interval of time required for a considered reply, including time required for approval by a governing body.
Standard Plans—“Standard Plans for Public Works Construction” - Latest edition of the Southern California Chapter of the American Public Works Association.
State Standard Specifications (“SSS”)—Standard Specifications prepared by the State of California, Business and Transportation Agency, Department of Transportation.
State Standard Plans (“SSP”)—Standard Plans prepared by State of California, Business and Transportation Agency, Department of Transportation.
Working Days—Any days, except: (1) Saturdays, Sundays, legal holidays on which Los Alamitos City Hall is closed for business; (2) days when work is suspended by the Engineer for reasons unrelated to the performance of the contractor, and provided in Subsections 6-3 and 6-3.1; and (3) days determined to be non-working in accordance with Section 6-3 “Time of Completion”. 1-3.3 INSTITUTIONS
Add the following:
AGCA Associated General Contractors of America
ASME American Society of Mechanical Engineers
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
NFPA National Fire Protection Association
SSS State of California Standard Specifications, latest edition, Department of Transportation SSP State of California Standard Plans, latest edition, Department of Transportation.
SSPWC Standard Specifications for Public Works Construction, as specified in Subsection 0-1 1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 SUBCONTRACTOR LISTING
Replace the third paragraph with the following:
Subcontracting of more than one-half of one percent of the work for which no Subcontractor was designated in the original Bid will be allowed only in cases of public emergency or necessity and only after the Engineer makes a written finding of circumstances constituting public emergency or necessity.
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Delete the fourth paragraph and replace with the following:
The Contractor must obtain written consent of the City Council to substitute a Subcontractor designated in the original Bid, to permit any subcontract to be assigned or transferred, or to otherwise allow a subcontract to be performed by anyone other than the originally designated Subcontractor.
Delete the fifth paragraph and replace with the following:
A violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract and collect appropriate damages or assess the Contractor a penalty of not more than ten (10) percent of the subcontract involved.
Add the following:
If subcontracted work is not being performed in a satisfactory manner, the City will notify the Contractor of the need to take corrective action and the Engineer may report the facts to the City Council. Upon order by City Council and the Contractor’s receipt of written instructions from the Engineer, the Subcontractor shall immediately be removed from the Work and may not again be employed on the Work.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 GENERAL
Add the following:
The City reserves the right to reject any or all proposals.
The Contract will be awarded, if at all, to the lowest responsible and responsive Bidder determined as provided on the Proposal Form, whose proposal complies with all the requirements prescribed. Such award, if made, will be made within the number of days stated in the proposal form. Refusal or failure to deliver the executed contract, bonds, or insurance in the form provided in the Contract and approved by the Agency’s attorney within the time provided herein shall be cause, at the Agency’s option, for the annulment of the award and forfeiture of the bid security. In such event, the Agency may successively award the Contract to the next lowest responsible and responsive Bidder until a properly executed Contract, bonds, and insurance is obtained, or it may at any time reject all remaining bids and proceed as provided by law. The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the Agency’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Agency and the concerned Bidder.
The Agency reserves the right to waive any irregularities.
Within ten (10) calendar days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency:
Contract Agreement (in duplicate)
Faithful Performance Bond (in duplicate)
Maintenance Bond (in duplicate)
Payment Bond (in duplicate)
Public Liability and Property Damage Insurance Certificate (two original)
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Additionally Insured Endorsement
Workers’ Compensation Insurance Certificate (two original) A corporation to which an award is made may be required, before the Contract agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
1-7.2 CONTRACT BONDS
Add the following:
The PAYMENT BOND shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The FAITHFUL PERFORMANCE BOND shall remain in force until the date of recordation of the Notice of Completion. The MAINTENANCE BOND shall remain in force until one (1) year after the date of recordation of the Notice of Completion.
All bonds must be accompanied by a Power of Attorney
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
Add the following:
Any plan or method of work suggested by the Agency or the Engineer to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Agency and the Engineer shall assume no responsibility therefore and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work.
The work includes, but is not necessarily limited to, the following items as shown on the plans and specified in these Special Provisions:
The City of Los Alamitos proposes to modify existing signing and striping on Lexington drive from Katella Avenue to Farquhar Avenue.
2-2 PERMITS
Replace first paragraph with the following:
Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, State, and Federal permits.
2-3 RIGHT-OF-WAY
Add the following:
When the Contractor arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the Agency with proof that the additional work areas and/or facilities have been left
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in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work.
2-4 COOPERATION AND COLLATERAL WORK
Add the following:
Contractor shall coordinate his/her work so as to minimize disruption to ongoing or scheduled private development projects in the project area.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 GENERAL
Add the following:
All final locations determined in the field, and any deviations from the Plans and Specification, shall be marked in red on the documents to show the as-built conditions. The contractor shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the Engineer. Upon completion of the Project, Contractor shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted changes “the Project was constructed in conformance with the Contract Documents”. Final payment will not be made until this requirement is met.
As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale. Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the Contractor shall apply to the Engineer for such further explanations as necessary and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.
Caution: The engineer preparing these plans will not be responsible or liable for unauthorized changes to or uses of these plans. All changes to the plans must be approved in writing by the Engineer.
SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS
Replace the first paragraph with the following:
All persons engaged in the Work, including Subcontractors and their employees, will be considered employees of the Contractor. The Contractor will be held responsible for their work. The Agency will deal directly and solely with the Contractor and make all payments to the Contractor. 3-5 INSPECTION
Add the following:
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The Agency shall inspect for compliance with requirements for 8-hour days and 40-hour weeks on normal working days. The Contractor shall reimburse the Agency, at rates established by the Agency, for any additional inspection, including inspection on legal holidays. 3-10 SURVEYING
3-10.1 GENERAL
Add the following:
The Contractor shall be responsible for all survey and layout of work.
The line and grades for construction will be parallel to and offset from the position of the work. From the established lines and grades, the Contractor shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same. 3-12 WORK SITE MAINTENANCE
3-12.1 General
Add the following Subsection:
3-12.1.1 WORK AREA APPEARANCE
The Contractor shall maintain a neat appearance to the Work.
All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location, and be disposed of in a proper and legal manner.
In any area visible to the public, the following shall apply:
1. Broken concrete and debris developed during clearing and grubbing shall be disposed of weekly.
2. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.
3. Forms or false work that are to be re-used shall be neatly stacked concurrent with their removal.
4. Forms and false work that are not to be re-used shall be disposed of with their removal.
5. Wash down from concrete trucks shall be at one location. Concrete from wash down procedures shall be removed from the site weekly.
3-12.3 NOISE CONTROL
Add the following:
A noise level limit of 85 dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases where required for the protection of personnel.
The Contractor shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each work day.
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3-12.6 WATER POLLUTION CONTROL
3-12.6.1 General
Add the following:
This item shall consist of preparation, implementation and compliance with a storm water pollution prevention plan (SWPPP) for the project, if applicable. 3-12.6.2 BEST MANAGEMENT PRACTICES (BMPs)
Add the following:
All storm water pollution prevention measures shall be in accordance with the submitted SWPPP. In the event circumstances during the course of construction require changes to the original SWPPP, a revised plan shall be promptly submitted to the Agency’s representative in each instance. No responsibility shall accrue to the Agency as a result of the plan or as a result of knowledge of the plan. All work installed by the Contractor in connection with the SWPPP but not specified to become a permanent part of the project shall be removed and the site restored in so far as practical to its original condition prior to completion of construction or when directed by the Agency’s representative. 3-12.6.5 PAYMENT
Add the following:
Unless otherwise indicated in the Special Provision, measurement and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.3 WARRANTY
Add the following:
The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the Agency, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The Agency is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs; provided, however, that, in the case of an emergency where, in the opinion of the Agency, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.
For the purpose of this article “Acceptance of the Work” shall mean the acceptance of the Work by the Agency in accordance with Subsection 3-13.2 but not for the purpose of extinguishing any covenant or agreement or agreement on the part of the Contractor to be performed or fulfilled under this Contract,
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which has not in fact been performed or fulfilled at the time of such acceptance all of such covenants and agreements, shall continue to be binding on the Contractor until they have been fulfilled.
The effective date of Acceptance of the Work and commencement of the Guarantee shall be the date of acceptance of the Notice of Completion by the City Council.
Add the following subsection to Subsection 3-13:
3-13.3.4 General Guaranty
The Contractor shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. The Agency will give notice of observed defects with reasonable promptness.
SECTION 4 – CONTROL OF MATERIALS
4-1 GENERAL
Add the following:
The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the Agency, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with the requirements of this Contract any portion of the Work which is found not to meet those requirements. The Contractor shall defend, indemnify, and hold the Agency, its officers, agents, and employees harmless from claims of any kind due to injuries or damages arising, directly or indirectly, from said defects or noncompliance.
The Contractor shall make all repairs, replacements, and restorations within thirty-five (35) days after the date of the Engineers’ written notice.
If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the Agency shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions thereof in the payments due or to become due to the Contractor as the Agency may deem just and reasonable.
4-4 TESTING
Replace the third and fourth sentences of the first paragraph with the following:
Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The Contractor shall bear the cost of all other tests, including the retesting of material or workmanship that fails to pass the first test.
4-6 TRADE NAMES
Replace the third sentence of the second paragraph with the following:
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Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders.
Add the following:
Along with information supplied by the Contractor regarding equivalency of the proposed item, the Contractor shall clearly identify all deviations from the specified item. Deviations discovered by the Engineer after acceptance of an “or equal” item which were not identified by the Contractor with his/her submittal shall be cause for rejection of the “or equal” item. The contractor shall be due no additional compensation in time or money for acceptance or rejection of a proposed “or equal” item and subsequent replacement with the item specified. Contractor shall pay cost to Agency for items requiring more than two submittals and analysis of any shop drawing which requires more than a general review of an “or equal” item.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.1 General
Add the following:
The Contractor shall ensure unlimited access to the job site for all Equal Opportunity Compliance officers.
Every Contractor and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement.
Add the following Subsection:
5-3.4.1 OVERTIME AND SHIFT WORK
The Contractor may establish overtime and shift work as a regular procedure only with the written permission of the Engineer. Such permission may be revoked at any time. No work other than overtime and shift work established as a regular procedure shall be done between the hours of 4:00 p.m. and 7:30 a.m., nor on Saturdays, Sundays or legal holidays, except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency.
All costs for overtime inspection, except those occurring as a result of overtime and shift work established as a regular procedure, shall be paid by the Contractor. Overtime inspection shall include inspection required during holidays observed by the AGC and Trade Unions, Saturdays, Sundays, and any weekday between the hours of 4:00 p.m. and 7:30 a.m. Such costs will include but will not necessarily be limited to engineering, inspection, general supervision and other overhead expenses that are directly chargeable to the overtime work. The Agency shall deduct all such charges from payments due the Contractor. 5-4.2 GENERAL LIABILITY INSURANCE
Replace Subsection 5-4.2 with the following:
5-4.2.1 GENERAL. CONTRACTOR and AGENCY agree that Agency, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim,
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lawsuit, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the Agency. CONTRACTOR acknowledges that the AGENCY would not have entered into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect AGENCY as set forth here.
5-4.2.2 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless AGENCY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorney’s fees incurred by AGENCY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by the CONTRACTOR as they are incurred by the AGENCY.
5-4.2.3 Without affecting the rights of AGENCY under any provision of this agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless AGENCY as set forth above for liability attributable to the sole fault of AGENCY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the AGENCY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where AGENCY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of the CONTRACTOR will be all-inclusive, and the AGENCY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the AGENCY. 5-4.2.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to AGENCY, if that liability is less than the sole fault of AGENCY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of AGENCY. 5-4.2.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to AGENCY, its employees, agents and officials.
5-4.2.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section.
5-4.2.7 Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 5-4.2.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse
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the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein. 5-4.2.9 Comercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISOCGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and two million dollars ($2,000,000.00) general aggregate. The AGENCY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will AGENCY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to the AGENCY or any employee or agent of the AGENCY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum of $25,000.00 selfinsured retention for liability not covered by primary policies but covered by the umbrella policy.
Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. Policies shall have concurrent starting and ending dates.
Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without thirty (30) days prior written notice having been given to the City. All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds.
5.4.2.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
5-4.3 WORKERS’ COMPENSATION INSURANCE
Replace Subsection 5-4.3 with the following:
5-4.3.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the AGENCY, its officers, agents or employees. 5-4.3.2 CONTRACTOR and AGENCY further agree as follows:
5-4.3.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 5-4.3.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 5-4.3.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage.
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5-4.3.2.4 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 and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type.
5-4.3.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
5-4.3.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers or employees from waiving the right of subrogation prior to a loss.
The contractor hereby waives all rights of subrogation against AGENCY. 5-4.3.2.7 Unless otherwise approved by AGENCY, CONTRACTOR’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A+VIII.” Self-insurance will not be considered to comply with these insurance specifications.
5-4.3.2.8 In the event any policy of insurance required by this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR. Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, AGENCY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise. 5-4.3.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to AGENCY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. CONTRACTOR agrees to provide complete copies of policies to AGENCY upon request. 5-4.3.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages. 5-4.3.2.11 Any actual or alleged failure on the part of AGENCY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of AGENCY or any additional insured, in this or any other regard. 5-4.3.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement.
CONTRACTOR agrees to obtain certificates evidence of such coverage and makes reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement.
CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees.
SPC24-05
SECTION E – Page 14
STANDARD SPECIFICATIONS
5-4.3.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds. 5-4.3.2.14 CONTRACTOR agrees to provide immediate notice to the AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant. AGENCY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims.
5-7 SAFETY
Add the following:
At the pre-construction meeting, the Contractor shall submit his/her complete construction schedule to the Engineer for approval. The Contractor shall submit requests for changes in the schedule to the Engineer for approval at least forty-eight (48) hours prior to the scheduled Work.
Add the following Subsection 5-8 Project Information Sign:
5-8 PROJECT INFORMATION SIGN
Work specified in this section includes providing all materials and performing all operations to fabricate, install, modify and/or relocate Project Information Signs, and as specified in these Special Provisions.
Submit a shop drawing for all sign panels, and the Manufacturer’s data for the Sign Panels.
MATERIALS
A. Project Information Signs shall be constructed per Caltrans specifications for aluminum single sheet and laminated panel signs.
B. Signposts shall be constructed of wood and shall conform to the provisions of section 56-2.02B, Caltrans.
C. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of section 56-2.02D, Caltrans.
D. To properly provide for changing traffic conditions, the Contractor shall be prepared to furnish on short notice (within 48 hours) additional sign panels, posts and mounting hardware. The Contractor shall make arrangements with a supplier who is able, on a daily basis, to furnish such items on short notice.
INSTALLATION
A. For this contract, Zero (0) Project Information Sign(s) are required and shall be installed, relocated or modified as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-
2.04, Caltrans.
B. All signs shall have breakaway features as detailed in Standard Plan RS2, “Roadside Sign Details,” Caltrans.
C. Signs to be removed and/or relocated as directed by the City Engineer shall be installed at the new location on the same day said sign is removed from its previous location.
SPC24-05
SECTION E – Page 15
STANDARD SPECIFICATIONS
D. The location of each sign shall be as directed by the City Engineer or his designee.
Project information signs should be installed in a way to have bottom of sign at least 7 feet above the ground.
The project information signs shall be erected five (5) working days prior to the start of work.
The sign shall show the project name, funding source, and City logo. The sign shall list the names of the City Manager, City Council, Director of Development Services, and City Engineer. Contractor shall submit a mock-up to the City for review prior to manufacturing sign. The Contractor shall revise all misspellings and any other corrections on the sign at no extra cost to the City.
Upon completion of the project, the City shall keep all of the Project Information Signs.
Measurement and payment for Project Information Sign shall be at the unit bid price per each (EA) and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in construction of these items and no additional compensation will be allowed, therefore.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
Add the following:
Prior to issuing the Notice to Proceed, the Engineer will schedule and conduct a pre-construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. 6-2 PROSECUTION OF THE WORK
Replace the last sentence of first paragraph with the following:
Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Agency may suspend the work in whole or in part, until the Contractor takes said steps at no cost to the Agency.
Add the following:
The Contractor shall submit monthly progress reports to the Engineer by the tenth day of each month.
The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 TIME OF COMPLETION
Add the following subsection:
6-3.3 WORKING DAY
The Contractor’s activities shall be confined to the hours between 7:30 a.m. and 4:00 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Agency-designated holidays. Agency-designated holidays are listed in TABLE 1 – AGENCYPage 306 of 527 SPC24-05
SECTION E – Page 16
STANDARD SPECIFICATIONS
DESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.
Deviations from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due to the Contractor.
Failure of the Contractor to adhere to working day requirements will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.
For each OCCURRENCE of a working day or hours violation, as provided herein, the Contractor shall pay to the Agency, or have withheld from monies due to it, the sum of $1,000.00.
TABLE 1 – AGENCY-DESIGNATED HOLIDAYS
New Year’s Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND
ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT
PERFORMANCE OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL
NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.
6-4 DELAYS AND EXTENSION OF TIME
6-4.1 GENERAL
Add the following Subsections:
6-4.1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, he/she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay.
SPC24-05
SECTION E – Page 17
STANDARD SPECIFICATIONS
6-4.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor of his/her subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other contractors employed by the Agency and/or other contractors working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate or incomplete shop drawing submittals; and 5) Interference of other contractors performing concurrent work.
6-4.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with Paragraph 6-9. The Agency, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in Paragraph 6-4.2.1 but will not be assessed damages pursuant to Paragraph 6-9. 6-4.2 EXTENSIONS OF TIME
Add the following Subsection:
6-4.2.1 Compensation to Agency for Extension of Time
Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-4.1.3 shall be the actual cost to the Agency for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work, and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included. 6-4.4 WRITTEN NOTICE AND REPORT
Replace Subsection 6-4.4 with the following:
Requests for an extension of time must be delivered to the Agency within ten (10) consecutive calendar days following the date of the occurrence that caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of a revised construction schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the Contractor’s right to receive any extension of time requested.
If the Contractor is requesting an extension of time because of weather, he/she shall supply daily written reports to the Agency’s representative describing such weather, and the work that could not be performed that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed.
SPC24-05
SECTION E – Page 18
STANDARD SPECIFICATIONS
6-9 LIQUIDATED DAMAGES
Replace Subsection 6-9 Liquidated Damages with the following:
6-9 FORFEITURE DUE TO DELAY
The Contractor shall complete all or any designated portion of the Work called for under the Contract within the time set forth in Part C (Proposal) of these Specifications.
In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay the Agency the amount of Five Hundred Dollars ($500.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due the Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate Agency for losses that are difficult to measure and that such damages are not a penalty.
Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the Agency to terminate the Contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in Section 6-4.
Failure of the Agency to insist upon the performance of any covenant or conditions within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor’s duty to complete performance within the designated periods unless the Agency has executed a waiver in writing.
The Agency’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provision contained in the Contract Documents.
Failure of the Contractor to complete performance promptly within the additional time authorized in a waiver or extension of time agreement shall constitute a material breach of this Contract entitling the Agency to terminate this agreement.
The Contractor shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 6-4. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the Agency, or acts of another contractor in the performance of a contract with the Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond the Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole recourse of the Contractor shall be to seek an extension of time.
Add the following Subsections:
6-10 DISPUTES AND CLAIMS
6-10.1 GENERAL
SPC24-05
SECTION E – Page 19
STANDARD SPECIFICATIONS
Any and all decisions made on appeal pursuant to this Subsection 6-10 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-10 that is not in writing shall not be binding upon the Agency and should not be relied upon by the Contractor.
Nothing in this subsection shall be considered as relieving the Contractor from his/her duty to file the notice required under Subsection 6-11 or other duties required by the Contract Documents. 6-10.2 ADMINISTRATIVE REVIEW
Request for review made to the Construction Inspector or Project Engineer may be either oral or written.
Request for review made to the City Engineer shall be made in writing with supporting evidence attached.
The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.
Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with Agency`s staff in the following sequence:
1. Project Engineer
2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the Agency, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.
The City Engineer shall address disputes or claims within twenty-eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the Agency’s final decision.
6-10.3 ARBITRATION
Claims and disputes arising under or related to the performance of the contract shall be resolved in arbitration unless the Agency and the Contractor agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction. Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301-393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except that references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public Agency”, or “Department” shall be construed to mean “Agency” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.
Arbitration shall be initiated by a Demand for Arbitration. The Contractor shall request a Demand for Arbitration not later than one hundred eighty (180) calendar days after the date of the final written decision of the Agency on the claim or dispute.
All contracts valued at more than $15,000 between the Contractor and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, including these arbitration provisions.
SPC24-05
SECTION E – Page 20
STANDARD SPECIFICATIONS
6-11 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-11 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.
Additionally, this Subsection 6-11 shall not supersede the specific notice and protest requirements of Subsection 2-9 “Changed Conditions” and Subsection 6-3.2 “Contract Time Accounting” respectively.
A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.
It is the intention of this Subsection 6-11 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.
SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.2 PARTIAL AND FINAL PAYMENT
Replace the last paragraph of this subsection with the following:
The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Wednesday of the following month. The Agency requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.
The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion.
The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300. 7-3.3 DELIVERED MATERIALS
Replace Subsection 7-3.3 with the following:
Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment.
SPC24-05
SECTION E – Page 21
STANDARD SPECIFICATIONS
7-3.4 Mobilization
Replace Subsection 7-3.4 with the following:
Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed, or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.
Contractors shall provide traffic control according to the California Temporary Traffic Control Handbook. Contractors must maintain access for visitors to the properties. One driveway must always remain open and accessible.
Payment for Mobilization shall be included in the other items of work and shall be considered full compensation and include but not be limited to, obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Los Alamitos; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work.
SPC24-05
SECTION F – Page 1
SPECIAL PROVISIONS
PART 6 – TEMPORARY TRAFFIC CONTROL
600 ACCESS
600-1 General
Add the following:
The Contractor will be required to maintain at least one lane of traffic in each direction through the project area at all times in a manner satisfactory to the Engineer in the form of an engineered traffic control plan. The engineered traffic control plans must be signed by a California registered civil and/or traffic engineer. The plan is a required submittal for review at the pre-construction meeting.
All traffic control on the project shall be implemented by a subcontractor who specializes in Traffic Control and is approved by the City Engineer.
All drop-offs on the pavement over 1 inch in height that are perpendicular to the direction of traffic, including driveway approach, and will remain overnight shall be ramped with temporary AC pavement. The cost to construct temporary AC pavement shall be included in the price paid for other items of work, and no additional payment thereof.
All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours, unless otherwise directed by the Engineer.
Add the following Subsection:
600-1.1 Parking Restrictions and Posting for Tow Away
No Parking signs posted by the Contractor, shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. The background color shall be white, and letters shall be printed in red water-resistant ink except day, date, and time of restriction may be printed in black water-resistant ink. The signs shall be printed with the words “Tow Away” and “No Parking” with a character height of not less than 2.75 inches and a stroke width of not less than
0.5 inches. The day, date, and time of the particular restriction shall be printed or attached below the above-mentioned wording in characters of not less than 2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three to four letters; date or dates or restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.
Signs shall be mounted such that the wording “No Parking” are at an elevation at least three feet above the adjacent flowline. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway.
Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor may only post parking restrictions that are effective for the duration of the Work. Upon completion of the Work, the Contractor shall promptly and completely remove and dispose all signs, stakes, and barricades. The Contractor shall promptly reset or replace all damaged or defective signs.
SPC24-05
SECTION F – Page 2
SPECIAL PROVISIONS
The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor shall coordinate the removal of all vehicles with the Sheriff Department. The Contractor shall notify the Sheriff Communications Center upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Sheriff Communications Center not less than two hours prior to the needed removal, stating the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.
If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.
DEVIATIONS FROM THE REQUIREMENTS OF THIS SUBSECTION WILL BE PERMITTED ONLY ON PRIOR CONSENT OF THE ENGINEER. FAILURE OF THE
CONTRACTOR TO ADHERE TO THE REQUIREMENTS OF THIS SUBSECTION, OR
FAILURE OF THE CONTRACTOR TO COMPLETE HIS DAILY SCHEDULE ONCE “TEMPORARY NO PARKING” SIGNS HAVE BEEN POSTED, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY. SUCH DAMAGES ARE, AND WILL
CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH OCCURRENCE OF A VIOLATION, AS PROVIDED HEREIN,
THE CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000.00.
EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000.00 PER VIOLATION IS THE MINIMUM
VALUE OF THE COST AND ACTUAL DAMAGE CAUSED, THAT SUCH SUM SHALL
NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR.
600-1.2 STREET CLOSURE, DETOURS, BARRICADES
Add the following:
All traffic control barricades, signs and devices used by the Contractor shall, as a minimum, conform to the “Manual of Traffic Controls for Construction and Maintenance Work Zones,” adopted by and in current use by the State of California, Department of Transportation.
Channelization devices shall be spaced no greater than fifty (50) feet apart. The Contractor shall take additional precautions as he/she may find necessary under the circumstances.
Should the Contractor fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the Agency will at its option place needed devices or engage a private firm to place and maintain said barricades, which will be charged to the Contractor directly.
Temporary traffic channelization shall be accomplished with delineators. Temporary stripping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary stripping to the satisfaction of the Engineer. In no event will temporary stripping be allowed on finished pavement surfaces which are to remain.
Full street closures will not be allowed prior to City Council approval.
SPC24-05
SECTION F – Page 3
SPECIAL PROVISIONS
601-1.3 Measurement and Payment.
Measurement and Payment for Traffic Control shall be included in various other bid items and shall be considered full compensation and include but not limited to furnishing all labor, tools, material, equipment, signage, TTC zone devices, channelizing devices, changeable message sign, and incidentals for doing all work involved in preparing traffic control plans and implementing traffic control, and no additional compensation will be allowed, therefore.
SPC24-05
APPENDIX – Page 1
SECTION G
SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SPECIAL PROVISIONS
SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the latest edition of the Caltrans Standard Plans, and Standard Specifications, Section 81, “Miscellaneous Traffic Control Devices,” Section 82 “Signs and Markers”, and Section 84, "Markings", unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 12 office at 7150 E 4TH St #100, Santa Ana, California 92705 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520.
All materials required for the completion of work as shown on the Plans shall be provided by the Contractor.
SECTION 81 - MISCELLANEOUS TRAFFIC CONTROL DEVICES
81-3 PAVEMENT MARKERS
81-3.02 Materials.
81-3.02E Epoxy Adhesive. Adhesive for raised pavement markers shall be rapid set type epoxy.
Removal of pavement markers shall be per Section 81-8.03B, "Remove Pavement Markers," of the State Standard Specifications.
81-3.04 Payment. Payment for pavement markers shall be included in the lump-sum price bid for stripping, and no additional compensation will be allowed, therefore.
SECTION 82 – SIGNS AND MARKERS
82-3 ROADSIDE SIGNS
82-3.03 Construction. Relocated signs shall be installed using existing posts at new locations and shall be set at a minimum 30-inch depth and at a minimum 12-inch square portland cement concrete (PCC). The post depth of the concrete footing shall be sufficient to extend at least 6- inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.
SPC24-05
APPENDIX – Page 2
New signs shall be installed using metal posts set at a minimum of 30-inch depth in a minimum 12-inch square PCC, except as specified otherwise, the metal post shall be 2-inch square “Qwik Punch” posts. The length of the metal post shall be sufficient to extend from the top of the sign to 30-inches below the top of the concrete footing and provide a 7-foot clearance between the finished grade and the bottom of the sign. The depth of the concrete footings shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.
Drill holes for bolts, threaded rods, or expansion anchorage devices drilled in existing concrete by a method that will not shatter the concrete adjacent to the holes.
Repair any spalling or chipping of concrete structures at contractor’s expense.
Marker and delineators shall conform to the provision in Section 81, "Miscellaneous Traffic Control Devices."
82-3.04 Payment. Payment for signing shall be paid per unit price bid as shown in bid schedule, and no additional compensation will be allowed therefor.
SECTION 84 - MARKINGS
84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-2.02 Materials.
84-2.02A General. Center line Traffic stripes, pavement markings, crosswalks, and arrow markings shall be thermoplastic, unless otherwise shown on the Plans. 84-2.02B Glass Beads. The 1st layer of glass beads shall be Bonded Core Reflective Elements manufactured by 3M and must be on the Authorized Material List for highperformance glass beads. The color of the glass beads must match the color of the stripe or marking to which they are being applied. The 2nd layer of glass beads must comply with AASHTO M 247, Type 2.
The glass beads used in both layers must be surface treated for use with thermoplastic under the bead manufacturer's instructions.
84-2.02C Thermoplastic. Traffic striping shall be thermoplastic including arrows and other pavement legends except for bike legends and bike lane treatments. 84-2.02D Methyl Methacrylate. Green Paint bike legends and green bike lane treatment shall be Methyl Methacrylate resins with hardwearing aggregate and premium pigment manufactured by Ennis-Flint and must be on the Authorized Material List for methyl methacrylate traffic striping and pavement marking, Category 2. See Appendix. 84-2.03 Construction.
SPC24-05
APPENDIX – Page 3
84-2.03A General. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.
The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than ½-inch in 50-feet from the specified alignment.
When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application.
Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer.
The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic.
The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint.
Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.
The installation of traffic stripes includes placement of raised pavement markers when called for on the plans.
Adhesive for raised pavement markers shall be per Section 81, “Pavement Markers.” Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by grinding method per Section 81-8.03B, “Remove Pavement Markers,” and Section 84-9.03A, "General” of the State Standard Specifications.
84-2.03B Application of Traffic Stripes and Pavement Markings. 84-2.03B(3) Methyl Methacrylate. Methyl Methacrylate shall be applied when the pavement surface and atmospheric temperatures are from 40 to 104 degrees F. It shall also be applied at a minimum thickness of 0.090 inch. 84-2.04 Payment. Payment for striping details and pavement markings shall be included in the lump sum price bid for Striping, and no additional compensation will be allowed.
Payment for bicycle colored lane treatments shall be paid per unit price bid per square foot for striping, and no additional compensation will be allowed.
60° PARKING STALL DETAIL
DETAIL "A"
R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299
USER: mtruong
FILE: W:\WE-CA\Los Alamitos, City of\112181 - LOS AL TE Svcs (Previous 107051)\Lexington Dr - Concept\LEXINGTON STRIPE-CONCEPT.dwg DATE: May 02, 2024 - 2:01pm Know what'sbelow.
Callbefore you dig.
R
LEXINGTON DR EXISTING STREET CROSS SECTION
PARKING STALLS
FARQUHAR AVE
HOWARD AVE
HOWARD AVE ALLEY
GREEN AVE
ALLEY
ALLEY KATELLA AVE
KATELLA AVE
LEGEND
LEXINGTON DRIVE
LEXINGTON DRIVE
LEXINGTON DR PROPOSED STREET CROSS SECTION
GENERAL NOTES
CONSTRUCTION NOTES
Item
No. Description Quantity Unit Unit Price Extended Amount
1. Install Striping complete per
plan. (Thermoplastic) 1 LS $ 3,400.00 $ 3,400.00
2. Install Striping complete per
plan. (2-Coat Paint) 1 LS $ 12,000.00 $12,000.00
3. Paint Red Curb complete per
plan. (2-Coat Paint) 34 LF $ 5.00 $ 170.00
$15,570.00
$2,335.50
Project Total $17,905.50
15% Contingency
ENGINEER'S ESTIMATE
FOR
CITY OF LOS ALAMITOS
LEXINGTON DR ON-STREET PARKING STALLS CONCEPT
4/25/2024
Sub total
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 20, 2024 ITEM NUMBER: 11J
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Kain Gallaugher, Captain
Subject: Amended Joint Powers Agreement with Integrated Law and Justice Agency for Orange County (ILJAOC)
SUMMARY
It has been seven years since the Integrated Law and Justice Agency for Orange County (ILJAOC) last reviewed and modified its Joint Powers Agreement. Following a question from the Board regarding the order of voting alternates appointed by the Orange County Chiefs and Sheriff’s Association, the ILJAOC's Executive Director, Recording Secretary, and Legal Counsel reviewed the Restated and Amended Joint Powers Agreement (the “Agreement”).
The following describes the minor amendments proposed to further clarify the Agreement and ensure the practices of the Board conform with the requirements of the Agreement.
RECOMMENDATION
Authorize the Mayor to execute the Joint Powers Agreement with Integrated Law and Justice Agency for Orange County to facilitate the integration and sharing of criminal justice information/data.
BACKGROUND
The purpose of the Integrated Law and Justice Agency for Orange County (ILJAOC) is to collaborate with each Member Agency in utilizing some or all of their authorities to establish an independent entity. This entity's purpose is to streamline and facilitate the integration and exchange of criminal justice information/data. The Member Agencies originally adopted the Joint Powers Agreement (the “Agreement”) on September 3, 2008. The Agreement was next amended on June 8, 2015. The Agreement governs the operation of the ILJ. The Agreement is executed by all Member Agencies. And, all Member Agencies must approve the proposed amendments.
DISCUSSION
The following amendments to the Agreement are proposed:
The amendments list the date of the proposed amendment and clarify when the original Agreement was adopted.
The amendment adds the last date the Agreement was restated and amended.
Section 3.01: The amendment clarifies the ongoing membership of the ILJ.
Section 3.02: The amendment confirms that the Orange County Chiefs’ and Sheriff’s Association shall appoint six Board Members and one alternate Board Member who may serve as a voting member in the event less than all six voting Board Members are present when a vote is called.
Section 3.02: This amendment clarifies that Board Members that do not serve in an elected position may be removed for any reason by their respective appointing authorities and differentiates elected officials who may only be removed by recall.
Section 3.03: This amendment requires that each Board Member shall have at least one alternate, and no more than two alternates, with the exception of the elected Board Members who shall have at least one alternate and no more than three alternates.
Section 3.04: This amendment distinguishes non-voting Member Agency representatives from the public for purposes of continuing to engage in discussion separate and apart from public comment.
Section 3.16: This allows the Board latitude to appoint legal counsel as it sees fit and mirrors the language of the Board’s ability to appoint an Executive Director.
Section 8.01: The amendment allows any future amendments to be executed in digital format, by digital signatures, and in counterparts.
The amendment removes the requirement that an Agency’s mayor must execute an amendment to the Agreement in recognition of the fact that some or all Member Agencies may have delegated the ability to approve an amendment to the Agreement to a designee of the City Council, and that not all Member Agencies have a mayor.
FISCAL IMPACT
None.
Attachment: 1. Amended Joint Powers Agreement - Integrated Law and Justice Agency for Orange County
1 RESTATED AND AMENDED JOINT POWERS AGREEMENT
FOR
INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY
(ILJAOC)
This Amended Joint Powers Agreement (Agreement) is made and entered into by and between the listed cities, other entities, and County of Orange listed below, collectively referred to as “Member Agencies”. This Amendment to the Agreement is dated October 24, 2022 for reference purposes.
Member Agencies
Anaheim Fountain Valley La Palma Santa Ana
Brea Fullerton Laguna Beach Seal Beach
Buena Park Garden Grove Los Alamitos Superior Court of CA, County of Orange Costa Mesa Huntington Beach Newport Beach Tustin
County of Orange Irvine Orange Westminster
Cypress La Habra Placentia University of CA, Irvine Police Department California State University, Fullerton Police Department
RECITALS
WHEREAS, the Member Agencies entered into an Agreement entitled “Joint Powers Agreement for Integrated Law & Justice Agency for Orange County” originally dated September 3, 2008 to create the Integrated Law and Justice Agency for Orange County; and
WHEREAS, the Member Agencies previously restated and amended said Joint Powers Agreement on June 8, 2015; and
2 WHEREAS, the Member Agencies desire to restate and amend said Joint Powers Agreement; and
WHEREAS, the Member Agencies have and possess the power and authorization to finance, organize, and establish a public agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitants within their respective boundaries; and
WHEREAS, the Member Agencies propose to join together to establish, operate, and maintain an agency for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitants; and WHEREAS, the Member Agencies anticipate that from time to time it may be necessary to amend this Agreement and/or consider adding new Member Agencies; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
I
PURPOSE
1.01 The purpose of the Integrated Law and Justice Agency for Orange County (ILJAOC) is to cooperate with each Member Agency in the exercise of some or all of their powers to establish a separate agency to facilitate the integration and sharing of criminal justice information/data in the manner set forth in this Agreement.
1.02 Each Member Agency expressly retains all rights and powers to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own information system needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the ILJAOC created herein, shall not have authority to impair or control any of the Member Agencies' respective rights, powers, or title to such equipment, facilities, properties, information, and projects, nor shall
3 any Member Agency be required to provide additional personnel, equipment, or services to the ILJAOC, which are not already a part of the Member Agency’s current operational costs, or which requires them to modify their non-ILJAOC systems or services, without their consent and full cost reimbursement from other Member Agencies or other revenue sources.
1.03 Each Member Agency expressly retains all rights and powers to use other funds or funding sources to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their information services.
Nothing in this Agreement shall be construed to require a Member Agency (i) to disclose any information that the Member Agency determines, in its sole discretion, it does not have the ability or authority to disclose, or (ii) to do any act that the Member Agency determines, in its sole discretion, is contrary to law or public policy.
1.04 The ILJAOC is intended to provide criminal justice and law enforcement officials who have a need and right to know, with comprehensive, timely, and accurate information about a criminal suspect or offender, including identity, criminal history, and current justice status. In addition, it is intended to
a) Allow criminal justice practitioners to maintain legacy databases and share only information that has been agreed upon in advance by a majority vote of the Board or the individual agency affected.
b) Reduce redundant document preparation, data entry, transmission, and storage.
c) Strive to identify and achieve common interests to enhance public safety and due process.
d) Maintain individual privacy rights, preserve protections agencies have for public records and promote appropriate access controls and security. e) Support the development of effective criminal justice policy in keeping with the objectives of the Orange County Integrated Law & Justice Strategic Plan
4 (“Strategic Plan”) adopted by the Orange County Chiefs & Sheriff’s Association in April 2001, and any amendments to that plan as approved by a majority vote of the Board.
f) Strive for the compatibility of automated systems and processes among the various components of the Orange County Criminal Justice System. g) Acknowledge that each Member Agency is responsible for internal agency security for their records, technical support, etc.
h) Recognize that in order to achieve overall success, resources (personnel, software, hardware, etc.), will be shared willingly and in some cases unequally by the Member Agencies, as long as that cooperation does not adversely impact the mission of the sharing member.
i) Allow the Member Agencies to work together to implement the adopted Strategic Plan (and subsequent amendments to that plan), for an Integrated Law & Justice System through the information sharing which will result from that collaborative effort.
1.05 Member Agencies are not required to seek approval from the ILJAOC to purchase, install, or modify their own (non-ILJAOC owned) equipment, services, or work performed in conjunction with any legislative mandate/authority granted to or required of Member Agencies in order to carry out their respective responsibilities. Furthermore, the ILJAOC has no power or authority to control, interfere with, or inhibit Member Agencies from conducting their own internal business and/or providing their own (non-ILJAOC owned) resources or services to other entities, which may or may not be members of or served by the ILJAOC. Any changes to software or additional hardware that have been integrated into a Member Agency’s existing infrastructure as part of a requirement to implement the initiatives approved by the ILJAOC Governing Board will become the sole property of that Member Agency, when without those enhancements, the agency could no longer operate their systems independent of the ILJAOC.
5 1.06 Member Agencies may modify, upgrade, or otherwise alter any of their internal systems or processes without approval of the ILJAOC, as long as those modifications do not inhibit the exchange of offender data and systems implemented and/or funded by the prior action of the ILJAOC. Notwithstanding anything to the contrary herein, a Member Agency shall have no obligation to seek approval from the ILJAOC for any modification to that Member Agency’s internal systems or processes that is mandated by the State, or by any law or regulation governing the affected Member Agency.
1.07 In gathering and sharing information, and in all other respects in performing acts related to this Agreement, the parties will comply with all applicable laws, rules, and regulations.
II
CREATION OF THE INTEGRATED LAW & JUSTICE
AGENCY FOR ORANGE COUNTY
2.01 By this Agreement, the Member Agencies hereby create a separate legal entity to be known as the Integrated Law & Justice Agency for Orange County ("ILJAOC").
The Member Agencies may agree on a different name for the ILJAOC.
2.02 The ILJAOC shall possess in its own name, and the Member Agencies delegate to it, the following enumerated powers:
a) To make and enter into contracts consistent with this Agreement, including, but not limited to, contracts to purchase and/or dispose of supplies and equipment to carry out the implementation of the Strategic Plan and any adopted amendments to that plan.
b) To receive compensation, gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity.
c) To sue and be sued in its own name.
6 d) To apply for an appropriate grant or grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities.
e) To appoint committees, adopt rules, regulations, policies, by-laws, and procedures governing the operation of the ILJAOC.
f) To add Member Agencies to the ILJAOC as approved by the ILJAOC Board in accordance with the terms of this Agreement.
g) To execute agreements and resolutions consistent with the terms of this Agreement.
h) To appoint/hire officers, employees, and/or agents.
2.03 Said powers shall be exercised in the manner provided by California law, including, without limitation, the Joint Exercise of Powers provisions of Government Code section 6500, et seq., and, except as expressly set forth herein, the Treasurer/Controller shall be subject to the restrictions upon the manner of exercising such powers as are imposed upon the Member Agency whose employee or officer is designated as the ILJAOC Treasurer/Controller pursuant to Section 3.12 below. The Member Agency’s Treasurer/Controller appointed by the Governing Board shall serve a minimum three-year term at the discretion of the Board, so as to minimize any disruptions in carrying out his/her responsibilities.
2.04 Except as provided herein, the member agencies agree that all supplies and equipment purchased by the ILJAOC shall be owned and controlled by the ILJAOC as its sole and separate property and not as property of any Member Agency.
2.05 The ILJAOC shall operate as a separate legal entity and incur debt, separate and apart from the Member Agencies, and its debts, obligations, and liabilities shall be its own and not that of the Member Agencies, except as specifically provided for herein.
7 III
ORGANIZATION
3.01 The membership of the ILJAOC shall be the original Member Agencies, and any additional Agencies whose admission is unanimously approved, in accordance with the terms of this Agreement, by the ILJAOC Governing Board, but shall exclude any Agencies that have opted to withdraw.
3.02 The ILJAOC shall be governed by a voting Board consisting of six (6) Member Police Chiefs, each elected for a three-year term by the Orange County Chiefs’ & Sheriff’s Association to represent those Member Agencies with Police Departments. The Orange County Chiefs’ & Sheriff’s Association shall also designate one alternate Member Police Chief to serve as a voting member in the event less than six voting Board Members are present when a vote is called. In addition to the Police Chief representatives, other voting members of the Board will be the Sheriff, the District Attorney, the Chief Probation Officer, the Public Defender, one (1) representative from the Orange County Executive’s Office, who will serve at the County of Orange CEO’s pleasure, the Presiding Judge of the Orange County Superior Court, the Chief Executive Officer of the Orange County Superior Court, and three (3) City Manager representatives, who shall be elected for a minimum of threeyear terms by the Orange County City Managers Association, with at least one (1) of those City Manager representatives being from a “contract city” in the County. Each Board member, or in the absence of a Board member, an alternate designated in advance by each said Board Member, shall have one vote on all matters before the Board. Such alternate members may be replaced from time-to-time at the appointing Board Member’s discretion.
All non-elected Board Members may be removed with or without cause by their respective appointing authorities.
3.03 Each Board Member, with the exception of the Sheriff, District Attorney, and Public Defender, shall designate at least one alternate and no more than two alternates to attend meetings and vote on behalf of the Board Member’s respective Member Agency. The Sheriff, District Attorney, and Public Defender shall each designate at least one alternate
8 and no more than three alternates to attend meetings and vote on behalf of the Board Member’s respective Member Agency.
3.04 The representatives of non-voting Member Agencies shall be permitted to engage in discussion of agenda items with voting Board Members, including the time period after a motion has been made and before a vote is taken, and shall not be considered members of the public at any ILJAOC meeting for purposes of public comment.
3.05 Each voting Board member shall hold office until a successor is selected, elected, hired or appointed under the powers of this Agreement and each Member Agency. The term of a Board member or alternate (both voting and non-voting) who is a public official or employee of a Member Agency shall terminate upon such Board Member leaving his or her position with the Member Agency. The vacancy of such a member who has left his or her position shall be filled by selection, election, or appointment according to the selection process adopted by this Agreement and the Member Agency whose representative has left his or her position.
3.06 Board members and alternates shall not receive compensation for their service on the ILJAOC Board, but they may be reimbursed by the ILJAOC for reasonable expenses incurred in conducting the business of the ILJAOC, as provided in this Agreement, when the expenses are not paid or reimbursed by their respective employing Member Agencies.
3.07 The principal office of the ILJAOC shall be established by the Board and shall be located within the County of Orange. The Board may change the principal office from one location to another within the County of Orange. Any change of address shall be noted by the Board but shall not be considered an amendment to this Agreement.
3.08 The Board shall meet at a location as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board. A copy of such resolution shall be furnished to the Member Agencies. All meetings of the Board, including regular, adjourned, and special meetings, shall be called
9 and held in a manner as provided in the Ralph M. Brown Act, Chapter 9, Division 2, Title 5 of the California Government Code commencing with section 54950 et seq., as amended
3.09 All of the powers and authority of the ILJAOC shall be exercised by the Board unless specifically delegated, to the extent permitted by law, or reserved to the Member Agencies under this Agreement. Unless otherwise provided herein, each voting Board Member shall be entitled to one (1) vote. Except as otherwise provided herein, a majority of the full voting membership of the Board or their alternate present at a properly noticed meeting, shall constitute a quorum for purposes of transacting business. A majority vote of that quorum may adopt any motion, resolution, or order and take any other action appropriate to carry forward the objectives of the ILJAOC pursuant to this Agreement, with the exception of the adoption of the budget or other appropriations in excess of the adopted budget as outlined in Section 4.04 of this Agreement, in which case a two-thirds majority of the entire voting membership or their alternates is required for approval.
3.10 The Board shall designate a recording secretary to establish, distribute, and post agenda notices as required by law, keep the minutes of all open meetings of the Board, and cause a copy of such minutes to be forwarded to each Member Agency within a reasonable time after each meeting.
3.11 The Board may adopt policies, rules, and regulations for the conduct of its administrative affairs and that of the ILJAOC as may be required and that are consistent with this Agreement.
3.12 Where this Agreement requires an approval of a resolution or ordinance by any Member Agencies in any matter, the approval shall be evidenced by a certified copy of the resolution or ordinance of the governing body of such Member Agency filed with the ILJAOC. It shall be the responsibility of the Board to provide certified copies of said actions.
3.13 On an annual basis, the Board shall elect two Board members to act as Chair and Vice-Chair of the Agency for the purpose of conducting the Board meetings and performing other duties as required. The Vice-Chair may carry out all the duties of the Chair in his/her absence.
10 3.14 The Board shall appoint an officer or employee of a Member Agency to hold the offices of Treasurer and Controller ("Treasurer/Controller"), whose duties shall be in conformance with Government Code sections 6505 and 6505.5, and whose salary, if any, shall be established by the Board. The Treasurer/Controller shall also administer all contracts subsequent to the Board's approval and shall contract with a certified public accountant to make an annual audit of the accounts and records of the ILJAOC as provided in Government Code section 6505. The annual audit shall be submitted to the Board and each Member Agency when completed. The budget, covering a budget cycle set by the Board, shall be prepared by the Treasurer/Controller for the approval by the Board. The ILJAOC's investment policies shall be the policies of the Member Agency of the Treasurer/Controller, as those may be modified by the Board of the ILJAOC. The cost of the Treasurer/Controller in carrying out his/her duties, including, with limitation, any outside professional services, shall be reimbursed by the ILJAOC.
3.15 The Board shall have the power to appoint/hire additional officers, employees, or agents. Any officer, employee, or agent of the ILJAOC who is an officer, employee, or agent of any of the Member Agencies will continue to be subject to the Member Agency’s personnel system. However, the ILJAOC may hire employees that are subject to the personnel system of the ILJAOC and said employees shall not be considered employees of any Member Agency. Any person from any Member Agency appointed by the Board to fulfill a staff position with the ILJAOC shall possess appropriate qualifications to carry out his or her responsibilities.
3.16 The Board may appoint legal counsel, by contract or otherwise, to provide legal counsel to the Board, Executive Director, and any other ILJAOC staff regarding the operations of the ILJAOC.
3.17 The officers of the ILJAOC Board shall perform all duties customary and appropriate to their respective offices and:
a) After approval by the ILJAOC Board, the Board Chair shall sign all contracts on behalf of the ILJAOC Board.
11 b) The secretary shall perform such duties as assigned by the Board and shall keep minutes of the Board meetings.
c) The Treasurer/Controller shall be bonded in the amount to be determined by the Board and the bond fee shall be paid by the ILJAOC. The Treasurer/Controller shall perform the duties as set forth in this Agreement.
3.18 The Board may appoint an Executive Director by contract or otherwise to oversee day-to-day operations of the ILJAOC. The Executive Director shall manage the daily operations of the ILJAOC and supervision of any other ILJAOC employees.
3.19 All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all relief, pension, disability, worker's compensation, and other benefits which apply to the activities or omissions of officials, officers, employees, volunteers, or agents of any of the Member Agencies when performing their respective functions for their respective Member Agency shall apply to such person(s) to the same degree and extent while they are assigned to the ILJAOC to perform and are performing any of the functions and other duties of the ILJAOC pursuant to authority granted by this Agreement. None of the officials, officers, agents, volunteers, or employees of a Member Agency appointed to the Board or performing services at the direction of the ILJAOC shall be deemed by reason of their appointment or service to be employed by any of the other Member Agencies or the ILJAOC or be subject to any of the requirements of the other Member Agencies.
IV
BUDGET AND DISBURSEMENTS
4.01 The Board shall adopt a budget for the ensuing fiscal year(s) pursuant to procedures developed by the Board. At the conclusion of each fiscal year, the Treasurer/Controller shall make a report to the Board regarding the excess or deficiency of revenues over (or under) expenditures. Such report shall include “budget to actual” comparisons based upon the previously adopted budget. Upon receipt of the report, the Board shall determine what extent, if any, unexpended budgetary appropriations shall be
12 re-appropriated or whether any excess of revenues over expenditures shall be allocated or expended.
4.02 The Treasurer/Controller shall draw warrants upon the approval and written order of the Board or the Board’s Executive Director. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by-laws adopted by the Board.
4.03 All funds received by the Treasurer/Controller for services provided by the ILJAOC, will be placed in object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board on a quarterly basis, unless otherwise required by the Board.
4.04 All expenditures within the approved budget shall be made upon the approval of the Treasurer/Controller in accordance with the rules, policies, and procedures adopted by the Board. No expenditure in excess of those budgeted shall be made without the two-thirds majority approval of the entire Board, and the budget shall thereafter be revised and amended.
4.05 The records and accounts of the ILJAOC shall be audited annually by an independent certified public accountant and any cost of the audit shall be paid by the ILJAOC. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. Copies of such audit report shall be filed with each Member Agency no later than fifteen (15) days after receipt of said audit by the Board.
4.06 The Member Agencies have agreed by resolution through their respective Governing Authorities to fund on a shared basis, the costs of the ILJAOC operations, and capital in excess of any grant funds, through annual budget appropriations. Each Member Agency’s agreement to provide such funds in fiscal years after the fiscal year in which the
13 original ILJAOC Joint Powers Agreement was executed, is contingent upon appropriation by the governing body of that Member Agency of sufficient funds for that purpose. The subject resolutions shall not limit the authority of each Member Agency to cease appropriations for the ILJAOC operations as determined by their respective Governing Authorities, provided, however, that a decision to cease appropriations shall be subject to the terms of Section 6.02 below. In addition, where the ILJAOC has an obligation under the terms of this Agreement to reimburse a Member Agency for providing personnel, equipment, and/or services to the ILJAOC, the Member Agency providing such personnel, equipment, and/or services may waive its right to reimbursement. When a Member Agency incurs costs eligible for reimbursement under the terms of this agreement, those costs shall include only those which are not part of the Member Agency’s pre-existing infrastructure/operation prior to the effective date of this Agreement. They also shall not include overhead charges. Costs for the ILJAOC operations referenced in accordance with this Section 4.06 shall be shared as follows:
a) Member Agencies with Municipal Police Departments and the Orange County Sheriff’s Department, which serves the unincorporated area of the County as well as their “contract cities,” shall be determined on a per capita served basis, with the combined total amount not to exceed 80% of total costs.
b) County of Orange; an amount not to exceed 15% of total costs. c) The Superior Court of California, County of Orange; an amount not to exceed 5% of total costs.
d) The University of California Police Department; an amount not to exceed
0.75% of total costs.
e) California State University, Fullerton Police Department, an amount not to exceed 0.75% of total costs.
4.07 The Member Agencies acknowledge and agree that the ILJAOC will act as a conduit for the management, direction, and provision of integrated services to the
14 Member Agencies and to other public agencies that contract with ILJAOC for such services.
4.08 Based on information provided by the Executive Director or other designated representatives of the ILJAOC, the Treasurer/Controller shall keep a written account of any services provided to other public agencies by the ILJAOC. All revenues received from other public agencies contracting or receiving services from the ILJAOC for services shall be used to offset the costs incurred by the ILJAOC. The Governing Board shall determine whether those funds shall be placed in a Capital Reserve or otherwise allocated in the ILJAOC’s Budget and/or projected costs to Member Agencies.
4.09 In establishing rates for services to non-Member Agency public agencies, the Board shall assure that the contracts for such services provide for the reimbursement of the actual expenses of providing all services of the ILJAOC, including insurance coverage for the ILJAOC’s personnel and equipment. Payment for the ILJAOC services by contracting public agencies shall be made on a monthly basis, or no less frequently than on a quarterly basis (unless paid in advance) to the Treasurer/Controller of the ILJAOC. The Treasurer/Controller shall provide a written quarterly account to the Board of all revenues and expenses of the ILJAOC services to other public agencies.
4.10 The ILJAOC budget shall include the provision for a Capital Replacement fund that will provide for, among other things, the replacement of the equipment owned and operated by the ILJAOC. The ILJAOC Board annually shall recommend to the Member Agencies amounts needed for Capital Replacement. The amount of the provision for Capital Replacement in each ILJAOC annual budget will depend on the amounts appropriated by the Member Agencies for such purposes during each fiscal year. Said funds shall be transferred to the ILJAOC monthly by the Member Agencies for deposit in the ILJAOC’s Capital Replacement fund. The actual purchase of new equipment and disposal of unneeded equipment shall be done whenever determined appropriate and justified by the Board.
4.11 All revenues derived from service contracts with other public agencies shall be maintained in a separate revenue account for the ILJAOC. The Treasurer/Controller
15 shall be responsible for accounting for all such revenue. The Board shall be responsible for determining the appropriate allocation of such funds as part of the budget adoption process.
V
LIABILITIES
5.01 Except as provided in Section 8.05 of this Agreement, the ILJAOC and the Member Agencies agree, to the extent allowed by law, that the Member Agencies shall be fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or expense arising out of, or in any way related to, the performance of this Agreement by the ILJAOC.
Accordingly, the provisions of this Agreement should be broadly construed in favor of protection for the Member Agencies and interpreted to provide the fullest possible protection to the Member Agencies and Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC acknowledges that the Member Agencies would not have entered into this Agreement in the absence of the commitments of the ILJAOC as specified in this Article V.
5.02 The Member Agencies acknowledge that each Member Agency may be assigning its own personnel to a cooperative pool of personnel to provide service to the ILJAOC. The ILJAOC shall be solely responsible for and retain all debts, liabilities, and other obligations for all activities of the ILJAOC, and shall maintain sufficient insurance coverage in effect at all times to cover any such claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager and approved by the Board.
5.03 Except as provided in Section 8.05, the ILJAOC shall protect, defend, indemnify, and hold free and harmless the Member Agencies and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by ILJAOC employees or employees of Member Agencies who are performing ILJAOC functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney’s fees and costs, resulting or arising out of or in any
16 way connected with the negligent acts or failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the ILJAOC. In addition, and without limiting the foregoing indemnification obligation, except as provided in Section
5.04, the ILJAOC will maintain sufficient insurance coverage in effect at all times as recommended by their Risk Manager, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation.
5.04 Any contract with a non-member public agency (“non-Member Agency”) receiving services from the ILJOAC shall include a mutual indemnification provision wherein the non-Member Agency and the ILJAOC shall mutually agree to defend and indemnify the other in an amount equal to its proportionate share of liability on a comparative fault basis. The contract shall also provide that: 1) The indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in any way related to, the performance of services pursuant to the contract; and 2) The obligation of the non-Member Agency and the ILJAOC pursuant to the indemnification provision will extend, without limitation, to an injury, death, loss, or damage which occurs in the performance of the contract and that is sustained by any third party, any agent, or contractor of the non-Member Agency or the ILJAOC.
Notwithstanding the foregoing, in situations where a non-Member Agency lacks the authority to enter into an agreement containing the specific terms specified above in this Section 5.04, the ILJAOC may enter into an agreement without such terms (or including only some of those terms) only after (1) a finding by and affirmative vote of a two-thirds majority of all voting Board members, or their alternates, that the risk of entering into such an agreement is outweighed by the benefit to be obtained by entering into the agreement, and (2) a determination by the ILJAOC’s Risk Manager that insurance provisions applicable to the agreement are adequate given the specific risks presented.
5.05 Member Agencies shall be responsible for the continued provision of worker's compensation coverage for the officers or employees of the Member Agencies that are assigned to provide services to the ILJAOC and/or serve as officers or employees of the ILJAOC. In this regard, each Member Agency shall defend, indemnify, and hold harmless the ILJAOC and any other Member Agencies, and their respective officials
17 officers, employees, contractors, agents, and representatives with respect to any claim, loss, liability, damage, lawsuit, cost, or expense, including attorney’s fees and costs, that arises out of, or is in any way related, to any industrial/worker compensation injury sustained by an officer or employee of the indemnifying Member Agency during the performance of service to the ILJAOC or the other Member Agencies under this Agreement.
5.06 ILJAOC shall employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the ILJAOC and each Member Agency from adverse financial consequences.
This may be accomplished in part through the purchase of appropriate commercial insurance.
The Risk Manager, or his/her designee, of one Member Agency shall be designated by the Board, with the consent of the Member Agency, as the “ILJAOC Risk Manager” and shall act in an advisory capacity to the ILJAOC Board to provide guidance in the area of risk management, loss control, insurance procurement, and claims management. Should a Member Agency Risk Manager not be available to serve the ILJAOC, the Board may designate someone who has comparable experience to serve in that capacity. The ILJAOC Risk Manager will be responsible for maintaining the original insurance policies and other risk management and insurance documents.
During the term of this Agreement, the ILJAOC shall purchase and maintain sufficient amounts of commercial insurance coverage at the equally shared cost to the Member Agencies. The types, limits, retention levels, deductibles, policy forms, and carriers providing the above required insurance coverages shall be recommended by the ILJAOC Risk Manager to the Board for its approval, consistent with this Agreement.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.01 Additional public agencies may become Member Agencies of the ILJAOC upon such terms and conditions as are determined by the Board, and upon the unanimous
18 consent of the ILJAOC Governing Board, so long as such addition(s) are not projected to increase costs to existing Member Agencies. Upon approval by the ILJAOC Governing Board, a written amendment to this Agreement shall be executed by all of the existing Member Agencies, as well as the additional Member Agency. Should increased costs to existing Member Agencies be anticipated due to the addition of a new public agency, unanimous approval must be received from the governing bodies of the existing Member Agencies, as evidenced by approval of resolutions and the execution of a written amendment to this Agreement by all of the Member Agencies, including the additional Member Agency.
6.02 Member Agencies have the right to withdraw from the ILJAOC. Such withdrawals, either voluntarily or involuntarily, shall be conditioned as follows:
a) Involuntary withdrawal shall mean those circumstances where a Member Agency must withdraw due to fiscal or budgetary impact of that Member Agency that results in the discontinuance or reduction of the funding for personnel, services, or equipment by that Member Agency. b) In the case of a voluntary withdrawal, written notice shall be given one hundred eighty (180) days prior to the end of a fiscal year except that such notice requirement may be shortened (i) by unanimous approval of the Board members present at the meeting at which the Board considers shortening the notice requirement, or (ii) upon breach of this Agreement by the ILJAOC or any Member Agency, in which case the withdrawing Member Agency may withdraw effective at any time.
c) Neither voluntary nor involuntary withdrawal shall relieve the withdrawing Member Agency of its obligations for its proportionate share of any debts or other liabilities incurred by the ILJAOC prior to the effective date of the Member Agency's withdrawal (with the exception of new purchases of capital equipment after the date of the Member Agency’s notice of withdrawal), nor any liabilities imposed upon or incurred by the Member
19 Agency pursuant to this Agreement prior to the effective date of the Member Agency's withdrawal.
d) The withdrawing Member Agency shall retain all rights and claims relating to revenues received by the ILJAOC during the time period that the Member Agency provided personnel, services, or equipment under the ILJAOC direction.
e) The withdrawing Member Agency shall be entitled to remove its personnel and any equipment whose title was not transferred in writing to the ILJAOC from the possession and control of the ILJAOC, regardless of the impact on the ILJAOC or its continued operation. The withdrawing Member Agency may also recover any other equipment no longer needed by the ILJAOC, including equipment it previously transferred to the ILJAOC, according to the terms and conditions determined by the Board in its sole discretion to be fair and equitable. The ILJAOC Board may choose to exempt a Member Agency from any of the listed conditions, but may not impose any conditions other than those listed.
VII
TERMINATION AND DISPOISTION OF ASSETS
7.01 The ILJAOC shall continue to exist and exercise the powers herein until this Agreement is terminated by a vote of two-thirds of the entire Board; provided, however, that no termination shall be complete and final until the ILJAOC has satisfactorily disposed of all financial obligations and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the ILJAOC.
7.02 Termination shall occur upon:
a) The written consent of all Member Agencies; or
20 b) Upon the withdrawal from the ILJAOC of a sufficient number of the Member Agencies that results in a lack of effectiveness as determined by a twothirds vote of the remaining Board Members; and
1. Full satisfaction of all outstanding financial obligations of the ILJAOC; and
2. All other contractual obligations of the ILJAOC have been satisfied.
7.03 In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each current Member Agency of the ILJAOC immediately prior to the termination of this Agreement, a share of such funds proportionate to the contribution made to the ILJAOC by said Member Agency, to the extent determined by the Board in its sole discretion to be fair and equitable.
7.04 Notwithstanding any other provisions of this Agreement, the Member Agencies agree to abide by the following procedure for selling of equipment in the event this Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the equipment is sold on the open market, the Member Agencies each shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board, which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement.
If an agreement cannot be reached concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Member Agencies in a manner consistent with the cost-sharing format outlined in Paragraph 4.06 (a), (b), and (c) of this Agreement, and any modifications to that formula adopted by the Board.
VIII
MISCELLANEOUS
8.01 Amendments
21 Except as otherwise specified in this Agreement, this Agreement may be amended with the unanimous approval of all Member Agencies; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other financial obligations of the ILJAOC. An Amendment to this Agreement may be executed in any number of actual or digital counterparts. The counterparts together will be taken to constitute one and the same instrument. An Amendment will have effect upon execution by all Member Agencies.
8.02 Notices
Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Member Agencies, shall be deemed to have been received by the Member Agency to whom the same is addressed at the expiration of five (5) days after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid.
8.03 Effective Date
This Agreement shall be effective at such time as this Agreement has been executed by the majority of the voting Member Agencies enumerated in the introduction of this Amended Agreement.
8.04 Conflicts of Interest
No official, officer or employee of the ILJAOC or any Member Agency shall have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such officer or employee participate in any decision relating to the ILJAOC that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation.
8.05 Mediation
a) Any controversy or claim between any Member Agencies, or between any such Member Agency or Member Agencies and the ILJAOC, with respect to the ILJAOC's operations, or to any claims, disputes, demands,
22 differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by mediation.
b) The Member Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and the ILJAOC. Such notice shall designate such other Member Agencies as the initiating Member Agency intends to have bound by any award made therein.
c) Each Member Agency involved in the mediation shall bear its own legal costs, including attorney fees.
8.06 Partial Invalidity
If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
8.07 Successors
This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies hereto.
8.08 Assignment
A Member Agency shall not assign any rights or obligations under this Agreement without the written consent of all other Member Agencies.
8.09 Execution
The Governing Authorities of the Member Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively.
8.10 Entire Agreement
23 This Agreement supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the ILJAOC and all Member Agencies.
Dated:
___________________________
CITY OF: ________________________
By: _____________________________
Title: ____________________________
ATTEST:
________________________________
Clerk of the City of ________________________
APPROVED AS TO FORM:
________________________________
City Attorney
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 20, 2024 ITEM NUMBER: 11K
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid for Tree Maintenance Services (RFP 2024-01)
SUMMARY
The deadline for responding to RFP 2024-01 was April 23, 2024. Nine proposals were received. Staff recommends awarding the bid to West Coast Arborists, Inc.(WCA) for the City's tree maintenance services.
RECOMMENDATION
1. Award of bid for the tree maintenance services in the amount not to exceed $105,000 annually for a three-year contract to West Coast Arborists, Inc.; and,
2. Authorize the City Manager to approve two optional three-year extensions subject to the Consumer Price Index (CPI) increase with a cap of 2.5%; and,
3. Authorize the City Manager to execute the contract with West Coast Arborists, Inc. in a form approved by the City Attorney.
BACKGROUND
The City entered into the current contract with West Coast Arborists (WCA) in June 2020 for tree maintenance services. WCA provides scheduled grid trimming of parkway trees, tree removals, stump removal, tree planting, emergency tree work, and arborist services. Northstar Landcare handles tree maintenance in the island medians.
On May 15, 2023, the City Council approved Amendment No. 3, exercising the last one-year extension under the contract with WCA, which is set to expire on June 15, 2024. On March 18, 2024, the City Council approved releasing a Request for Proposal (RFP) for Tree Maintenance Services.
DISCUSSION
On March 19, 2024, staff released an RFP for Tree Maintenance Services. The objective of the RFP is to secure reliable tree maintenance services to maintain the City’s urban forest for the health of the trees, the enjoyment of the residents, and the environment.
The scope of service sought from this RFP included the following:
• Maintenance of approximately 2,478 trees in the City’s parkways, parks and civic center area.
• Tree planting and tree removal.
• Emergency tree services as needed.
• Grid trimming of trees in the residential area at least every three (3) years. • Trimming of trees at the arterial and commercial areas on as needed basis. • Tree inventory.
Key components on the upcoming tree maintenance program include the following:
• One 3-year contract with two optional 3-year extensions for a possible nine-year term. • The two 3-year extensions are subject to a Consumer Price Index (CPI) increase with a cap of 2.5%.
• Authorization for the City Manager to approve 10% of the contract price for additional services, if needed.
On April 23, 2024, the City received nine (9) proposals from the following tree contractors:
1. Great Scott Tree Service, Inc.
2. Greenfield Landscaping & Maintenance, Inc.
3. Ramirez Tree Service
4. Northstar Landcare
5. SGD Enterprises DBA Four Seasons Landscaping
6. United Pacific Services, Inc.
7. WCA
Staff reviewed and rated the proposals based on the following criteria: 1) completeness of proposal; 2) qualification; 3) approach; 4) reference; and 5) reasonableness of cost and price.
After evaluating all proposals based on the criteria, WCA’s proposal represents the best overall value to the City.
WCA provided a technically responsive and competitively priced proposal. WCA’s cost per tree trimming is $88.00 per tree, the second-lowest price per tree from the proposals received.
Although United Pacific Services, Inc. and Ramirez Tree Service had a lower price per tree trimmed at $82.00 per tree, their proposals were not responsive to the technical questions.
WCA has extensive experience in tree maintenance and management and has been in business for 51 years. They have served various municipalities, including Anaheim, Buena Park, Culver City, El Segundo, Fullerton, Newport Beach, Ontario, and Redondo Beach. WCA has served the City of Los Alamitos for the past four years under the current contract set to expire on June 15, 2024. WCA will also provide the City with their ArborAccess tree management program for the City’s tree inventory, billings, and work orders at no cost to the
City.
Other contractors qualified to provide tree maintenance services to the City were Golden West Arbor Services, Inc., Great Scott Tree Service, Mariposa Tree Management Inc., and Northstar Landcare. WCA's pricing per tree trimming was lower than these contractors. Greenfield Landscaping & Maintenance, Inc. and Ramirez Tree Service needed to be more responsive to the technical questions.
FISCAL IMPACT
Tree maintenance funding will be included in the Fiscal Year 2024-2025 Budget request, with the Grid Tree Pruning being expended with Measure M funds and the on-call services being expended out of the Development Services—Public Works Street Division Budget.
Attachment: 1. Landscape Maintenance Agreement - West Coast Arborists, Inc.
2. RFP Cost Evaluation
3. RFP Overall Evaluation
1837988.1
1 LANDSCAPE MAINTENANCE SERVICES AGREEMENT
WEST COAST ARBORISTS, INC.
THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (“Agreement”) is made and entered into, to be effective this 1ST day of July 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and West Coast Arborists, Inc., a California Corporation, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that it requires the services of a qualified contractor to provide landscape maintenance services for City parkways, medians, landscape areas and parks.
B. In response to City’s formal Request for Proposals No. 2024-01 (RFP), dated March 2024, Contractor has submitted to City a written proposal, dated April 23, 2024, to provide the desired landscape maintenance services.
D. City desires to engage Contractor to provide such landscape maintenance services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Tree Maintenance Services Proposal, dated April 23, 2024, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.
1.1.1 Contract Documents. This Agreement shall consist of the following: (1) the main body of this Agreement; (2) RFP No. 2024-01, dated March 2024; and (3) Contractor’s Proposal, Exhibit “A”. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
1837988.1
2 document, which shall be determined in the following order of priority: (1st) the main body of this Agreement; (2rd) the RFP, and (3rd) Contractor’s Proposal.
1.2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Contractor shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Contractor performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.
1.3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Project Services to be performed, (b) has carefully considered how the Project Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.
1.5 Care in Performance of Project Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.
1.6 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1837988.1
3 2. COMPENSATION
2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed One Hundred Five Thousand Dollars and Zero Cents ($105,000) annually. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty (30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the Project Services to be performed by Contractor is an essential condition of this Agreement.
3.2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.
1837988.1
4 3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for an initial term of three (3) years, and may thereafter be extended by mutual written agreement of the Parties for up to two additional three (3) year terms.
4. COORDINATION OF PROJECT SERVICES
4.1 Contractor’s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Patrick Mahoney, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 City’s Contract Officer. The City’s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Project Services without prior written consent of City.
1837988.1
5 If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
4.4.1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.
Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4.4.2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or
1837988.1
6 governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
4.5.1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against (1) all such claims and determinations, (2) for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and (3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.
1837988.1
7 The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or (3) contain any other exclusion contrary to the Agreement.
5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 (any auto), or if the Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.
5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI)), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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8 5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:
5.4.1.1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
5.4.1.1.1 Additional Insured Endorsements. Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.
5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.4.2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.
5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.
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9 5.6.1 Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval.
5.6.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
5.6.3 Renewal/Replacement Policies. At least fifteen (15) calendar days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.
5.7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5.8 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.9 Insurance for Subconsultants. Contractor shall either: (1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Contractor shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:
5.10.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of
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10 the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.10.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.10.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
5.10.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.10.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.
5.10.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and
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11 attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.
The Contractor’s indemnification obligation shall survive termination of this Agreement.
7. REPORTS AND RECORDS
7.1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall
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12 not be released publicly without the prior written approval of the Contract Officer.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.
Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.
8.6 Termination for Default of Contractor.
8.6.1 Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10)
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13 calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.5.
8.6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Project Services as provided herein.
8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and
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14 employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – West Coast Arborists, Inc.
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
[email protected]
With copy to:
Michael S. Daudt, City Attorney
Woodruff & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, CA 92806
[email protected]
10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.
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15 10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7 Prevailing Wages. The City has determined that the Project Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
10.7.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
10.7.2 Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
10.7.3 Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.
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16 10.7.4 Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
10.7.5 Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
10.7.6 Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
10.7.7 Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
10.7.8 Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
10.7.9 Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public
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17 Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
10.8 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
[SIGNATURES ON NEXT PAGE]
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18 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Chet Simmons
City Manager
APPROVED AS TO FORM.
Woodruff & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:
By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
West Coast Arborists, Inc.
By:_______________________________
Patrick Mahoney
President
By:_______________________________
Richard Mahoney
Assistant Secretary
TREE RFP - COST EVALUATION
Golden West Arbor
Services, Inc.
Great Scott Tree
Service, Inc.
Greenfield
Landscaping &
Maintenance, Inc.
Ramirez Tree Service
(Innovative Tree
Company)
Mariposa Tree
Management, Inc.
Northstar Landcare
SGD Enterprises Four
Seasons
Landscaping
United Pacific
Services, Inc.
West Coast Arborists,
Inc.
Est. # of Trees 6 7 8 1 3 5 4 1 2
Unit Cost $110 $125 $145 $82 $89 $109 $105 $82 $88
Grid 5 277
Grid 6 387
Grid 2 268
Grid 4 324
Grid 1 260
Grid 3 278
Total 3-Years (Residential Grid Trimming) $197,340 $224,250 $260,130 $147,108 $159,666 $195,546 $188,370 $147,108 $157,872 Arterials 684 $75,240 $85,500 $99,180 $56,088 $60,876 $74,556 $71,820 $56,088 $60,192 Grand Total Grid Trimming $470,030 $534,125 $619,585 $350,386 $380,297 $465,757 $448,665 $350,386 $376,024 2) FULL PRUNE BASED ON SERVICE OR SPECIAL REQUESTS:
Tree Size/Type of Tree Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit 0”-6” dbh Per Tree $250.00 $35.00 $125.00 $50.00 $45.00 $57.00 $50.00 $53.00 $88.00 7”-30” dbh Per Tree $550.00 $195.00 $140.00 $82.00 $135.00 $109.00 $150.00 $120.00 $118.00 31” dbh & over Per Tree $750.00 $145.00 $165.00 $148.00 $225.00 $194.00 $250.00 $275.00 $168.00 Washingtonia Robusta Per Tree $150.00 $85.00 $145.00 $82.00 $99.00 $109.00 $150.00 $125.00 $88.00 Phoenix Canariensis Per Tree $275.00 $85.00 $145.00 $82.00 $220.00 $125.00 $150.00 $395.00 $88.00 Palm Prune Per Tree $110.00 $85.00 $135.00 $82.00 $83.00 $125.00 $150.00 $75.00 $88.00 Palm Tree Skinning Per Tree $250.00 $20.00 $105.00 $20 linear $25.00 $26.00 $50.00 $375.00 $88.00 3) CLEARANCE PRUNE
TREE SIZE Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Small, Medium & Large Trees Per Tree $85.00 $45.00 $125.00 $50.00 $65.00 $63.00 $100.00 $65.00 $58.00 4) TREE & STUMP REMOVAL
Description Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Tree and stump removal 0-30” Per dbh inch $95.00 $34.00 $85.00 $40.00 $51.00 $45.00 $50.00 $36.00 $45.00 Tree and stump removal over 31” Per dbh inch $95.00 $34.00 $95.00 $50.00 $58.00 $54.00 $55.00 $52.00 $45.00 Tree removal only 0-30” Per dbh inch $70.00 $24.00 $85.00 $28.00 $38.00 $42.00 $48.00 $24.00 $35.00 Tree removal only 31” and over dbh Per dbh inch $70.00 $24.00 $95.00 $38.00 $46.00 $52.00 $53.00 $38.00 $35.00 Stump removal only Per dbh inch $60.00 $12.00 $75.00 $18.00 $23.00 $24.00 $25.00 $25.00 $20.00 5) TREE PLANTING:
Size/Type of Tree Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit 15-gallon tree with root barrier -no watering Per Tree $350.00 $149.00 $250.00 $158.00 $200.00 $194.00 $150.00 $298.00 $200.00 15-gallon tree without root barrier -no watering Per Tree $320.00 $119.00 $225.00 $130.00 $185.00 $159.00 $160.00 $198.00 $180.00 24-gallon box tree with root barrier -no watering Per Tree $650.00 $289.00 $285.00 $280.00 $475.00 $356.00 $400.00 $475.00 $400.00 24-gallon box tree without root barrier-no watering Per Tree $620.00 $259.00 $250.00 $258.00 $450.00 $330.00 $400.00 $360.00 $375.00 15-gallon tree with Root Barrier and 90-day
watering Per Tree $375.00
$189.00 $315.00 $360.00 $250.00 $300.00 $250.00 $498.00 $375.00 15-gallon tree without Root Barrier and 90-day
watering Per Tree $350.00
$159.00 $255.00 $330.00 $235.00 $275.00 $250.00 $398.00 $335.00 24-gallon tree with Root Barrier and 90-day
watering Per Tree $675.00
$339.00 $315.00 $484.00 $555.00 $420.00 $550.00 $675.00 $595.00 24-gallon tree without Root Barrier and 90-day
watering Per Tree $650.00
$289.00 $340.00 $432.00 $530.00 $400.00 $550.00 $560.00 $575.00 36-gallon tree with root barrier -no watering Per Tree $975.00 $595.00 $285.00 $398.00 $1,250.00 $760.00 $975.00 $1,587.00 $1,400.00 36-gallon tree without root barrier -no watering Per Tree $950.00 $535.00 $325.00 $372.00 $1,175.00 $735.00 $975.00 $1,150.00 $1,300.00 36-gallon tree with Root Barrier and 90-day
watering Per Tree $990.00 $645.00 $385.00 $598.00 $1,400.00 $850.00 $1,200.00 $1,787.00 $1,900.00 36-gallon tree without Root Barrier and 90-day
watering Per Tree $9,801.00 $585.00 $350.00 $572.00 $1,350.00 $815.00 $1,200.00 $1,350.00 $1,800.00 6) TREE PLANTING:
Crew Rental Per Hour $685 $360.00 $125.00 $280.00 $305.00 $22.00 $300.00 $315.00 $330.00 $52,096
$78,010 $44,116 $47,882 $58,642 $56,490 $44,116 $47,344 $48,544 $52,688 $64,528 $62,160 $48,544
$59,096 $72,376 $69,720 $54,448 $58,432
3rd Year $59,180
1st Year $73,040 $54,448
2nd Year $65,120
$83,000 $96,280
$74,000
$67,250
$85,840