2024 Bear Electrical Solutions, LLC 7
Communication & Reporting Plan
B. OVERALL APPROACH
Communication Support Plan
Type Responsibility Description
Automatic Email Alerts Bear Salesforce CRM (to be
provided at no additional cost)
Upon commencement of work, automatic email alerts are
configured so stakeholders can be notified of work as its completed
Emergency Work
requiring immediate
attention
Bear Technician/Project
Manager
For issues concerning public safety, we empower our
technicians to communicate directly with our clients to resolve issues as quickly as possible. A brief follow-up with written communication on the subject matter will be communicated via email by the project manager
Weekly Account Update Bear Project Manager At the end of each week, the assigned project manager provides an update via email on completed work this week, proposed schedule for the following week, and status on all open work with action items for both Bear and the City
Monthly Maintenance
Meetings
Bear Project Manager Meet in person or virtually once per month with all project stakeholders to discuss status of project.
Monthly Accounting
Reports
Bear Accounting Department Our accounting department sends monthly invoicing summarizing all work performed during the previous month with costs broken down per work order. Along with this report, our accounting department also captures year-to-date
expenditures and available contract balances. This allows both the City and Bear to manage the rate of expenditures and make educated decisions on how to best use available funding.
We believe in leveraging technology to enhance our communication and provide an unparalleled customer experience. With that, we utilize a blend of automatically generated tasks in our maintenance management system accompanied by personal communication to ensure all stakeholders are informed on current status of work. Our intent is to work collaboratively to develop communication support channels that best suit the city’s needs. Below is a conceptual communication plan that we have found to be successful in neighboring agencies.
Communication Feedback
One of the core values we built our business on is the notion of continuous improvement. This can only happen with open and honest feedback. We encourage all stakeholders to provide feedback and suggest any improvements or changes meet the needs of the City.
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B. OVERALL APPROACH
Work Type Contract Required Response Time Bear Committed Response Time Comprehensive Preventative Every 30 days No later than 30 days from previous maintenance Emergency Response 30 Minutes Not greater than 30 minutes hr-24/7/365 Standard High Priority Response Same Day Response Not greater than 4 hours Standard Response 24 Hour Response Same day response
As Required / Scheduled 5 Working Days By end of work week Base Maintenance
Work Type
Installation of traffic signs onto traffic signal equipment As needed – (2) hrs. to (5) days to respond Communication troubleshooting /repair/ installation As needed – (2) hrs. to (5) days to respond Underground Service Alerts (USA) for traffic signals As needed Inputting signal timing changes As needed
Plan review of traffic signal design prepared by others As needed Review of shop drawings for traffic signal equipment As needed Traffic signal construction inspection As needed
Other traffic signal system-related work As needed
Unscheduled Maintenance & Extra Work
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B. OVERALL APPROACH
SAMPLE PREVENTATIVE MAINTENANCE CHECKLIST
2024 Bear Electrical Solutions, LLC 10
Quality Control and Safety
Our Team’s number one goal is Safety – safety for our team members in doing their work as well as the general safety for the public ensuring that no one is harmed in any way shape or form. The team has an existing track record of zero lost time since the company’s establishment and has one of the lowest EMR’s in the industry.
Thorough training is performed in-house as well as with formal safety and specialist training program managers. Safety training is performed during employees on-boarding, formal training days, as well as during pre-job requirements.
Additional employee safety details. Bear Electrical Solutions’ worker safety program consists of an Injury and Illness Prevention Program (IIPP) adopted in February 2022 (Revision 1.1).
The program’s intent is to not only comply with all applicable laws and regulations, including Federal and State Standards, Labor Code, and General Industry Construction Industry Safety orders, but to do what is necessary to provide a safe and healthy work environment for employees, subcontractors, and customers.
The Bear Electrical IIPP includes a Code of Safe Work Practices, Hazard Communication Program Overview, Lockout / Tagout Program, Electrical Safety & Energized Electrical Work Policy, Heat Illness Prevention Program, Trenching / Excavation Program, and Pandemic Response / COVID-19.
Bear Electrical Solutions RFP No. Doc4643661542 Street Light Installation & Maintenance 10 B. OVERALL APPROACH
2024 Bear Electrical Solutions, LLC 11
B. OVERALL APPROACH
Regional
Office
Bucket
Truck Dump Truck
Utility
Trucks /Flat
Bed
Van/Pick Up
Trucks
Crane
Trucks
Loop
Truck
Anaheim 13 0 1 6 1 0
SF Bay Area 17 8 6 24 2 1
Sacramento 13 2 8 2 0 1
Totals 43 10 15 32 3 2
Shared Regional Resources (Construction Equipment)
Heavy Equipment
Qty Description Qty Description
10 Arrowboard 2021 1 2018 Water Buffalo
8 2014 Atlas Copco XAS 185 1 2013 Magnum Light Tower
3 SS125 DIESEL MELTER R-AB- crafco 1
SLABACH I-85 REEL
TRAILER
6 Bobcat E35 Mini-Ex 1 BOBCAT 753
2 2021 BOBCAT E32 1
2019 Caterpillar 246D
Skid Steer and
Attachments
3 DITCH WITCH JT20 DRILL 1
2016 CAT 246D SKID
STEER
12 2022 Tow Master T20D TRAILER 1
2023 CAT Trackloader
279D3
3 2021 Vermeer Vactron 5
2018 BIGT UTILITY
TRAILER
4 Carson Trailer - wire trailer 2 2018 Vermeer Vactron
Various Traffic Control Equipment - Cones, Signs, Etc.
Company Vehicles, Equipment, and Stock Inventory
Bear owns and operates a $9M fleet comprised of bucket, utility, and crane trucks.
Bear also maintains an inventory of necessary traffic control equipment, such as construction area signs, cones, and message signs, to facilitate our traffic control work.
Regarding stock inventory for our maintenance business – we maintain a stock level of over $2M of traffic signal and streetlight material between all our regional offices.
Below is an equipment and inventory breakout demonstrating our company’s equipment readiness available for this project.
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C. COMPANY PROFILE
Bear Electrical Solutions, LLC. (Bear) is a
privately-held California corporation
established in January 2013 and founded to
specifically lead the traffic signal
maintenance industry by ”Driving a Higher
Standard.” The company founders comprise
a licensed traffic engineer and business &
finance experts focused on providing the
right combination of excellent customer
service and technical expertise. expertise.
Our Mission:
We founded Bear because we believe that nobody in our industry was delivering to a high enough standard.
We sought to change that with a company guided by five (5) powerful core values that each drive our culture, work ethic, strategy, and expectations:
Continuous
Improvement:
We strive to make
one-degree daily
shifts to constantly
improve our
customer experience.
1 Lead with Facts,
Not Assumptions:
As a service-based
business, we are
trained to listen to
“all sides of the
story” whether it is
our customers, thirdparty officials, or the
public.
2 Build Lasting
Relationships:
We act with respect
and professionalism.
We place focus on
trust and credibility
over selfishness. Our
relationships are
based on putting
people first.
3 Communicate
Effectively and
Clearly:
Building emotional
intelligence is critical in
a service business such
as ours where our scope
of work is
communicating valuable
information to others.
4 Be Impeccable with
Your Words:
We act with integrity in
our everyday actions.
Be accountable and
follow through. Offer
encouragement and
empowerment to all we
work with daily.
5 About Bear
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Industry Qualifications
Bear Electrical is qualified to meet and exceed the requirements outlined by the City of Los Alamitos.
A Class A – General Engineering
C Class C-10 – Electrical -10
C-31 Class C-31 – Work Zone Traffic Control
D-31 Class D-31 – Pole Installation and Maintenance
Certifications and affiliations
Signatory to the International Brotherhood of
Electrical Workers (IBEW), Laborers, Low Voltage,
and Operators Union(s)
Department of Industrial Relations (DIR) Certified
& Registered (#1000002158)
United Contractors Association Member (UCON)
Maintenance Superintendant Association
(MSA) Sponsor
Orange County Traffic Engineers Council
(OCTEC) Member / Sponsor
Institute of Traffic Engineer (ITE) Member /
Sponsor
International Municipal Signal Association –
various certifications (employee certifications)
Southern California Edison approved
electrical contractor
C. COMPANY PROFILE
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D. PRINCIPAL OFFICE
The Principal office that will support The City of Los Alamitos will be our Anaheim office. This office is located at 1114 E. Kimberley, Anaheim, CA 92801-1101. The office phone number is (714) 800-4577.
The Anaheim office features an indoor warehouse facility with stockpiles of all the materials needed to support The City of Los Alamitos.
Bear is proud to have a working independent test laboratory facility in the Anaheim warehouse. Built and designed by our in-house team, we test/certify/design any new controller cabinet, component, PLC, or network systems before field deployment. As a company focused on providing traffic signal maintenance services, we are truly independent when working with various intellectual property (IP) solutions (i.e., Controllers, Cabinets). IP manufacturers such as Econolite and McCain utilize our labs for independent testing.
Other Bear Offices
Our other offices are the following:
San Jose
1252 State Street (Office location)
PO Box 924 (Mailing address)
Alviso, CA 95002-0924
(408) 449-5178
Sacramento
1513 Sports Drive
Sacramento, CA 95834-1943
(916) 907-2823
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E. PERSONNEL QUALIFICATIONS
Team & Experience
Our proposed project team members have decades of experience performing the work requested in the RFP. Our team’s core expertise include traffic signal routine, emergency response, and extraordinary repair, DigAlert services, fiber optic maintenance services, and ad-hoc electrical public work-type projects.
We understand that a contract of this magnitude requires a core level of dedicated project staff. In addition to this, through servicing similar agencies, we understand routine and extraordinary maintenance workload is not always linear.
To manage the peaks and valleys of workflow, we have built a qualified support team that can provide assistance when extra capacity is needed to facilitate fast response times.
Field Superintendent
Ralph Murillo
Additional Back-up Labor
Resources
(21) Field Electricians
(8) Low Voltage / Fiber
Technician
(12) Laborers
(2) Material Warehouse Staff
City of Los Alamitos
VP of Operations
Brent Paulson (10 yrs. with BEAR)
VP of Sales / Traffic Engineer
Robert Asuncion, TE(Co-founder)
Executive Team Support
Project Manager
Art Torres
Construction Foreman
Philip Heffernan
Electrician / Crane Operator
Chad Newton
Construction Foreman/
Electrician
James Snowden
Maintenance Foreman
Joey Coronado
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E. PERSONNEL QUALIFICATIONS
As the field supervisor technician, Ralph will be responsible for the daily schedule and management of field resources, ensuring that task and work order expectations are regularly met. Ralph has been in the traffic signal industry for over 19 years, from laborer to field superintendent. Ralph oversees the field operations for the BEAR southern California office. This entails managing and supervising several foreman electricians, warehouse/materials laborers, and self-performing traffic signal fieldwork.
Ralph Murillo
Field Supervisor Technician
Experience
Electrician
Computer Services Co. | 1995-2016 | Baldwin Park, CA
• Traffic Signal Maintenance
• Streetlight Maintenance
• Fiber Optic / Copper / Wireless Communication
• ITS Deployment
• Traffic Signal Upgrades/ Modifications
IMSA - Work Zone Safety
IMSA - Traffic Signals Field Electrician I/II/III
IMSA Fiber Optic Technician
OSHA 30 Certified
Field Superintendent
Bear Electrical Solutions, | 2016-present | Anaheim, CA Responsible for providing the proper resources to internal and external customers. Develops the work schedule and ensures it meets customers’ expectations. Manages 14 field staff, including electricians and warehouse/laborers.
•Traffic Signal Maintenance, Emergency Response, Repair & Troubleshooting. •New Signal Commissioning / ITS Deployment
•Responsible for hiring and training new employees.
•Repair and troubleshoot traffic signals and communication equipment. •24/7/365 On-Call duty response
General Electrician#141087
Certifications Licenses
2024 Bear Electrical Solutions, LLC 17
As the designated Account Manager, Art will be the first point of contact for the City. Art can provide estimates and scheduling to the City. Art will communicate project expectations to BEAR staff for each on-call work order. Art will also perform project close-out procedures, including invoicing, warranty registration, and documentation.
Art Torres
Account Manager and Designated Office Coordinator
Experience
IMSA Work Zone
IMSA Traffic Signal Level I
IMSA Traffic Signal Level II
IMSA Traffic Signal Level III
Regional Project Manager
Bear Electrical Solutions | 2016-present | Anaheim, CA
• Account project management and designated office coordinator for agencies • Review and prepare contract invoices for extraordinary and routine maintenance billings • Prepares estimates and proposals to agencies for extraordinary work or ad-hoc electrical projects • Provides communication and monthly status meetings with agencies regarding routine maintenance programs
• Reports to Vice President of Operations
Traffic Signal Electrician
Computer Services Company | 2006-2016 | Baldwin Park, CA • Traffic signal construction and maintenance
• Trained new employees
Certifications
E. PERSONNEL QUALIFICATIONS
Licenses
NEC# 115259-G
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Joey has been in the traffic signal maintenance industry for over 25 years. Joey has worked on all aspects of traffic signal maintenance, from performing routine inspections, and 24/7/365 emergency response and repair to ITS and ATMS upgrades and repair. Joey’s true passion in the maintenance business is troubleshooting malfunctions and problem-solving.
Joey Coronado
Electrician Foreman
Experience
IMSA Work Zone
IMSA Traffic Signal Level I
IMSA Traffic Signal Level II
IMSA Traffic Signal Level III
Traffic Signal Electrician
Bear Electrical Solutions | 2019-present | Anaheim, CA
• Lead traffic signal crews on special ITS, ATMS, Signal Upgrades, Repairs, or New Construction • Fiber Optic, wireless, and copper interconnect troubleshooter.
Traffic Signal Electrician
Computer Services Company | 1998-2019 | Baldwin Park, CA • Traffic signal construction and maintenance
• Trained new employees
Certifications
E. PERSONNEL QUALIFICATIONS
2024 Bear Electrical Solutions, LLC 19
Phillip is an experienced construction and maintenance electrician that will be assigned to work on construction-based work for the agency. He specializes in streetlights installation, EV charging stations, communication infrastructure (fiber optic, networking cables), and other ITS infrastructure.
Phillip Heffernan
Construction & Maintenance Electrician
Experience
IMSA Work Zone
IMSA Traffic Signal Level I
FOA Fiber Optic Technician
ETA International Fiber Optic Technician
Electric Vehicle Infrastructure 1 Certification
OSHA 30 Certification
Bucket Truck and Aerial Work certified
Electrician
Bear Electrical Solutions | 2023-present | Anaheim, CA
• Construction, Installation, and Maintenance of Traffic Signals, Streetlights and Equipment • Electric Vehicle Charging Station Maintenance and Installation • Fiber Optic splicing, testing, and maintenance
• Communication configuration of network switches and devices for networks Electrical Instructor
Orange County Electrical Training Trust | 2022-present | Santa Ana, CA • Instructs apprenticeship programs – Inside Wireman, Sound Installer, and Intelligent Traffic Systems
• Provides the necessary training for electrical student candidates to become journeyman level electricians.
Certifications
E. PERSONNEL QUALIFICATIONS
Electrician
ILB Electric | 2016-2023 | Corona, CA
• Traffic signal construction and maintenance
• Manage construction crews for streetlight, traffic signal projects CA Licensed NEC# 170250-G
Licenses
Electrician
Asplundh Construction | 2013-2015 | Buena Park, CA
• Traffic signal construction and maintenance
• Manage construction crews for streetlight, traffic signal projects
2024 Bear Electrical Solutions, LLC 20
James Snowden will be designated construction foreman to lead construction activities for the agency should extra non-maintenance work is needed. Experienced in streetlight and traffic signal construction, James will coordinate construction work according to priorities and plans; allocating general and daily responsibilities as well as supervise and train workers.
James will also ensure manpower and resources are properly assigned and adequate for safe and sustainable construction practices.
James Snowden
Construction Foreman - Electrician Experience
IMSA Work Zone
IMSA Traffic Signal Level I / II
OSHA 30
EVITP Certified (Electrical Vehicle
Infrastructure)
Signal and Rigging Certified (Crane)
Construction Foreman - Electrician
Bear Electrical Solutions | 2022-present | Anaheim, CA
• Troubleshoot and repair streetlights and traffic signals • Supervise and train electricians and laborers
• Perform new construction activities including conduit, pullbox, wiring, foundation, and pole installations.
• Progress reports to management
• Monitor construction expenditures and ensure work remains within budget • Crane Operator
Electrician – Construction team
ILB Electric| 2017-2022 | Corona, CA
• Erect new traffic signals and streetlights from the ground up • Auger and pour new foundations
• Remove old poles and foundations and install new in place • Pull wire through conduits for signalized intersections. • Supervised directional boring operations.
• Terminated conduits, installed new pullboxes, concrete restoration supervision of apprentices.
Certifications
E. PERSONNEL QUALIFICATIONS
CA Electrician NEC# 166842
Licenses
2024 Bear Electrical Solutions, LLC 21
For this project, Chad will be assigned as a crane operator and on-call maintenance support for emergency response work and any extraordinary work. Chad has over 5,000 working hours as a crane operator.
Chad Newton
Crane Operator / Electrician
Experience
IMSA Work Zone
IMSA Traffic Signal Level I/II
National Commission for the Certification of Crane
Operators (NCCCO)
Flagger Certified
OSHA 10
Traffic Signal Technician / Crane Operator
Bear Electrical Solutions | 2022-present | Anaheim, CA
• Traffic Signal Maintenance – Routine and Emergency Response Technician (Initial response and permanent repair)
• Traffic Signal infrastructure installation and repair (including conduits, pole foundations, TS gear, ITS) Traffic Signal Electrician
Yunex| 2011-2022 | Anaheim, CA
• Traffic signal construction and maintenance
• Crane Operator
• Emergency response and repair of traffic signals
Certifications
E. PERSONNEL QUALIFICATIONS
Licenses
Class A Drivers License
Electrical IBEW Apprenticeship Graduate
2024 Bear Electrical Solutions, LLC 22
F. REFERENCES AND QUALIFICATIONS REQUIREMENTS
1. Client References – Below is a list of five (5) current customers. Bear currently has a total of 105 agencies with similar scope of work as this project and can provide references for those should the City require additional contacts.
1. City of San Juan Capistrano – Traffic Signal Maintenance 32400 Paseo Adelanto
San Juan Capistrano, CA
Contact Person: Mr. George Alvarez
Phone: 949-443-6351
Email: [email protected]
2. City of Lake Forest– Traffic Signal Maintenance
2550 Commercentre Dr
Lake Forest, CA
Contact Person: Mr. Tran Tran
Phone: 949-461-3485
Email: [email protected]
3. City of Mission Viejo– Traffic Signal Maintenance
200 Civic Center
Mission Viejo, CA
Contact Person: Mr. Brett Canedy
Phone: 949-470-8422
Email: [email protected]
4. City of Laguna Niguel– Traffic Signal Maintenance
30111 Crown Valley Parkway
Laguna Niguel, CA
Contact Person: Mr. Edgar Abrenica or Mr. Jeff Metz
Phone: 949-362-4338 or 949-362-4337
Email: [email protected] or [email protected]
5. County of Orange– Traffic Signal Maintenance
601 N. Ross St
Santa Ana, CA
Contact Person: Mr. Tony Le
Phone: 714-245-4580
Email: [email protected]
2024 Bear Electrical Solutions, LLC 23
F. REFERENCES AND QUALIFICATIONS REQUIREMENTS
(CONT)
2. General Business Statement– Bear Electrical Solutions, LLC. is a licensed California contractor focused on traffic signal maintenance services and construction services. Bear has been successfully providing such services to various public agency customers since January 2013. Bear owns and maintains all the proper project resources from traffic signal and electrical materials to equipment and vehicles to provide expedient and safe work. Bear commits and guarantees that the all our personnel are duly experienced and licensed to perform the works as mentioned in this RFP.
3. Financial Statement– Submitted in the Appendix of this RFP response is a copy of the most and complete financial statement. The company’s net worth is currently over $60M.
4. Credit References– Below are five (5) credit or financial references that Bear regular works with and can attest to the company’s credit worthiness.
1. NexTech Systems, Inc. - 13885 Alton Parkway, Suite A, Irvine, CA 92618 (949) 916-2664
2. Jam Services, Inc. – 958 E. Airway Blvd., Livermore, CA 94551 (925) 455-5267
3. Karish Industries, Inc. – 8485-B Artesia Blvd, Buena Park, CA 90624 (714) 516-1852
4. Heritage Bank - 224 Airport Parkway, San Jose, CA 95110 (408) 947-6900
5. Woodruff Sawyer – 2121 N. California Blvd, Suite 625, Walnut Creek, CA 94596 (415)399-6478
5. Work History (Canceled or Not Renewed)- Bear has not experienced any contracts cancel or not renew. Bear has had a 100% contract completion record since the company’s establishment (2013).
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G. COST PROPOSAL
2024 Bear Electrical Solutions, LLC 25
H. INSURANCE
Insurance
Bear’s current insurance meets and exceeds the City’s insurance requirements. Bear intends to maintain and keep in full force such insurances at the time of contract execution and throughout the life of the project with the City. Below is the current Evidence of Insurance certificate for Bear.
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I. NON-COLLUSION AFFIDAVIT
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: October 21, 2024 ITEM NUMBER: 10D
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid to Pavewest Incorporated for Citywide Hardscape Maintenance
SUMMARY
This item recommends awarding a contract agreement to Pavewest Incorporated for citywide Hardscape Maintenance for an annual amount of $298,553.
RECOMMENDATION
1. Authorize the Mayor to execute a one-year contract agreement with Pavewest Incorporated for Citywide Hardscape Maintenance for $259,611 for Fiscal Year 2024-2025; and,
2. Authorize the City Manager to execute up to four 1-year extensions; and,
3. Authorize a contingency of 15 percent of the bid amount not to exceed $38,942.00.
BACKGROUND
The City needs on-call services for hardscape maintenance, specifically asphalt repairs. In Fiscal Year 2023-2024, the City received 169 service requests for pothole repairs. Currently, cold-mix asphalt is used to patch potholes. This is a temporary fix to repair potholes immediately, but after a few weeks, these temporary repairs start to degrade, and additional labor and supplies are needed.
DISCUSSION
On August 26, 2024, the Council authorized the release of a Request for Bids (RFP) for citywide Hardscape Maintenance to provide on-call Asphalt Concrete (AC) repairs, including saw cutting, removal of existing asphalt, demolition, excavation, clearing and grubbing, compaction, backfilling, traffic control, and reestablishing striping in kind. The work will address potholes and other citywide asphalt issues.
Project Bid Result
A notice announcing the solicitation of bids for this project was posted in BidNet, a digital bidding portal, and published three times at Event News-Enterprise, a local publication, on August 28, 2024, September 3, 2024, and September 11, 2024. One bid was received. The
single bidder was Pavewest Incorporated (Pavewest), based in Arteria, California. Pavewest submitted a bid of $385,611, which was 30% higher than the engineer’s estimate of $296,000.
Pavewest has provided similar services to other agencies.
Staff contacted Pavewest to negotiate lowering their bid price. Pavewest reduced one of the bid unit prices, lowering its bid from $296,000 to $259,611.
FISCAL IMPACT
The possible total fiscal impact for the first year is $298,553, which includes a 15% contingency. After the one-year contract, four 1-year extensions will include an annual Consumer Price Index (CPI) increase not to exceed 4 percent. If approved, this item will be added at mid-year to the Development Services Budget - Street Maintenance Division.
Attachment: 1. Contract Pavewest
CITY OF LOS ALAMITOS
CONTRACT AGREEMENT
FOR
HARDSCAPE MAINTENANCE
This contract agreement is made and entered into for the above-stated service this day of , 20 , by and between the City of Los Alamitos, as AGENCY and Pavewest Incorporated,as Contractor.
WITNESSETH that AGENCY and Contractor have mutually agreed as follows:
ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Electronic Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this contract agreement and all required bonds, insurance certificates, permits, notices, and affidavits and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner.
All of the provisions of said Contract Documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, Contractor agrees to furnish all materials and perform all work required for the above-stated project and to fulfill all other obligations as set forth in the aforesaid contract documents.
ARTICLE III
Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the
prosecution of the work, suspension, or discontinuance of the work and all other unknowns or risks of any description connected with the work.
ARTICLE IV
AGENCY hereby promises and agrees to employ and does hereby employ, Contractor to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the contract documents.
ARTICLE V
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.
ARTICLE VI
Contractor agrees to indemnify and hold harmless AGENCY and all of its officers and agents from any claims, demands, or causes of action including related expenses, attorney’s fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. In the event the insurance coverage is on a claims made basis the Contractor shall indemnify and hold harmless the AGENCY and all of its officers and agents from any and all claims, demands, or causes of action that arise after the expiration of the Contractor’s current policy or after the service contract has ended, for any occurrences arising out of or any way related to the work undertaken by the Contractor. The liability insurance coverage values shall be:
Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability $1,500,000
Product/Completion Operations $1,500,000
Contractual General Liability $1,500,000
Comprehensive Automobile Liability $1,500,000
A combined single-limit policy with aggregate limits in the amount of $3,000,000 will be considered equivalent to the required minimum limits. The issuer shall be an “admitted surety insurer” duly authorized to transact business under the laws of the State of California.
Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California with a rating of A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval in writing from the AGENCY.
Insurance shall name the City of Los Alamitos, its officers, agents, and employees as additional insured by endorsement of the Contractor’s policy. A copy of the endorsement, showing policy limits, shall be provided to the AGENCY on or before signing this contract.
ARTICLE VII
Contractor affirms that the signatures, titles, and seals set forth hereinafter the execution of this contract agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.
ARTICLE VIII
BLANK
ARTICLE IX
Records and Audits. The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the AGENCY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the AGENCY or any authorized representative and will be retained for 5 years after the expiration of this Contract unless permission to destroy them is granted by the AGENCY.
ARTICLE X
BLANK
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this ________ day of __________________, 20___.
Contractor:
(Signature)
Name and Title (Printed) Pavewest Incorporated
Contractor’s License No. 968049
Agency Business License No.
Federal Tax Identification No.
Note: Contractor signature must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.
AGENCY:
Jordan B. Nefulda, Mayor of the City of Los Alamitos
Attested:
Windmera Quintanar, City Clerk of the City of Los Alamitos Date
Approved
as to form:
Michael S. Daudt, City Attorney of the City of Los Alamitos Date
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: October 21, 2024 ITEM NUMBER: 10E
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid to Marjani Builders, Inc. for Labourdette Park Construction Services (CIP No. 24/25-02)
SUMMARY
This item recommends the award of a bid for the contractual demolition and construction services for the Labourdette Park Project (CIP 24/25-02) at 4401 Howard Avenue. It is recommended to award the lowest, responsible bidder, Marjani Builders, Inc., for a total project cost of $736,826.00.
RECOMMENDATION
1. Award demolition and construction services for the Labourdette Park Project (CIP 24/25-02) at 4401 Howard Avenue to Marjani Builders, Inc.; and,
2. Authorize the Mayor to execute the Articles of Agreement with Marjani Builders, Inc. for the Labourdette Park Project (CIP 24/25-02) in the amount of $736,826.00; and,
3. Authorize the City Manager to add work and execute change orders relevant to the project.
BACKGROUND
The City of Los Alamitos and Hirsch and Associates have prepared construction documents for the Labourdette Park Project. The project site is approximately 0.44 acres in size, nestled in the heart of Apartment Row along Howard Avenue between Noel Street and Lexington Drive.
This aged neighborhood park will receive upgrades that have not occurred in over 25 years.
The upgrades include significant improvements to A.D.A. accessibility, a modern school-age playground with rubberized surfacing replacing the antiquated wood chip design, sleek exercise equipment for adults, improved and efficient lighting, and fresh landscaping. These upgrades will instantly enhance the quality of life, aligning with the City's commitment to the community.
Fortunately, the City was able to curb overall project costs, thanks in part to the City Council approving the cooperative purchase agreement through Sourcewell earlier this year.
Cooperative purchase agreements enable cities to enter into piggyback agreements with other reputable government agencies. This allows for reduced pricing through volume purchasing, which was used for the playground and exercise equipment. This also provides the benefit of securing the equipment and reducing the production time.
DISCUSSION
Notices announcing the solicitation of bids for this project were posted as ads in the Event News Enterprise for two consecutive weeks before the bid submittal deadline on Monday, October 14, 2024. Bids for the project were publicly accepted through the City's electronic bid submittal system, BidNet. The City determined that the lowest responsible bid submitted was Marjani Builders, Inc., totaling $736,826.00. The bid results are provided below.
A comprehensive project timeline will be developed with the project management firm, Hirsch and Associates and the awarded contracting company. The project is estimated to begin this winter 2024, closing in July 2025.
FISCAL IMPACT
Labourdette Park Project is part of the City's Capital Improvement Plan (CIP) list for FY 2024/25. The total budget for this project is $700,000 with nearly half of the funds coming from Community Development Block Grant (CDBG) money. The breakdown of the projected budget is seen below:
CDBG - $300,000
General Fund - $400,000
Attachment: 1. Articles of Incorporation - Marjani Builders, Inc.
2. Marjani Builders, Inc. Bid Proposal
3. Labourdette Bid Schedule
ARTICLES OF AGREEMENT
LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
THIS DEMOLITION AND CONSTRUCTION SERVICES OF LABOURDETTE PARK PROJECT, SPECIFICATION NO. CIP 24/25-02 AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this 21 day of October, 2024 BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter d e s i g n a t e d a s “AGENCY”, and MARJANI BUILDERS, INC., a California Corporation, hereafter designated as “CONTRACTOR.”
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I: Contract Documents
The contract documents for the LABOURDETTE PARK PROJECT, SPECIFICATION NO. CIP 24/25-02 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 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 sum of Seven Hundred Thirty-Six Thousand Eight Hundred Twenty Six Dollars ($736,826,) 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:
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.
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.
F. Compliance with Federal Labor Standards. In connection with CONTRACTOR’S performance of its responsibilities under the LABOURDETTE PARK PROJECT Agreement, CONTRACTOR shall comply with, and shall cause its contractors, subcontractors, suppliers, consultants, and any other person(s) and/or entity(ies) for which CONTRACTOR is
responsible and others performing work for or on behalf of CONTRATOR arising out of, resulting from or relating to CONTRACTOR’s performance of its responsibilities under the LABOURDETTE PARK PROJECT Agreement to comply with the federal Davis-Bacon Act subject to and in accordance with HUD-4010, and General Decision Number: CA20230024 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 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 of 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 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 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 Resolution
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. AGENCY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. AGENCY shall provide timely notification to CONTRACTOR of receipt of any third-party claim relating to this AGREEMENT. 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.
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 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: Irving Montenegro, Jr. CONTRACTOR: Alexander Marjani CITY OF LOS ALAMITOS MARJANI BUILDERS, INC.
3191 Katella Avenue P.O. Box 3840
Los Alamitos, CA 90720 Mission Viejo, CA 92690
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.
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 21st day of October, 2024 CONTRACTOR: Marjani Builders, Inc.
Alexander Marjani, CEO / President
Contractor’s License No. 1002630
Subscribed and sworn to this day of , 20 .
NOTARY PUBLIC (SEAL)
SECTION D – Page 9
CONTRACT INFORMATION AND DOCUMENT
AGENCY: Jordan B. Nefulda
City of Los Alamitos
Date
ATTESTED:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
Date
APPROVED AS
TO FORM:
Michael S. Daudt, City Attorney
City of Los Alamitos
Date
(E X E C U T E I N D U P L I C A T E )
PAYMENT BOND
LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02
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 Seven Hundred Thirty Six Thousand Eight Hundred Twenty Six Dollars ($736,826) 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* Alexander Marjani, CEO President
MARJANI BUILDERS, INC.
P.O. Box 3840
Mission Viejo, CA 92690
949-305-0393
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)
FAITHFUL PERFORMANCE BOND
LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02
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 Seven Hundred Thirty Six Thousand Eight Hundred Twenty Six Dollars ($736,826) 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: LABOURDETTE PARK PROJECT 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 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* Alexander Marjani, CEO President …………………………………… Marjani Builders, Inc. ……………………………………………
P.O. Box 3840 ……………………………………………
Mission Viejo, CA 92690 ……………………………………………
949-305-0393 ……………………………………………
*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)
MAINTENANCE BOND
LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02
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— Seven Hundred Thirty Six Thousand Eight Hundred Twenty Six Dollars ($736,826) 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* Alexander Marjani, CEO President
Marjani Builders, Inc.
P.O. Box 3840
Mission Viejo, CA 92690
949-305-0393
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)
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: Marjani Builders, Inc.
(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.
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 The City of Los Alamitos, its officials, officers, employees, agents and volunteers as additional insured, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.
Authorized Insurance Agent
Date:
STATEMENT REGARDING INSURANCE COVERAGE
LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02
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: ........................................................................................................
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02
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.
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: _____________________________________________
Item Item Description Quantity Unit Price Total Cost Quantity Unit Price Total Cost Quantity Unit Price Total Cost 1 Mobilization and SWPPP Maintenance 1 $75,000.00 $75,000.00 1 $121,429.00 $121,429.00 1 $100,000.00 $100,000.00 2 Site Demolition 1 $95,000.00 $95,000.00 1 $104,845.00 $104,845.00 1 $151,826.00 $151,826.00 3 4" Thick Grey Concrete 3547 $20.00 $70,940.00 3547 $31.00 $109,957.00 3547 $19.00 $67,393.00 4 4” Thick Decorative Concrete 808 $25.00 $20,200.00 808 $37.00 $29,896.00 808 $32.00 $25,856.00 5 6” Wide Reinforced Concrete Mow Curb 241 $20.00 $4,820.00 241 $53.00 $12,773.00 241 $70.00 $16,870.00 6 6” x 18” Reinforced Concrete Play Curb 356 $30.00 $10,680.00 356 $111.00 $39,516.00 356 $125.00 $44,500.00 7 1” PVC Water Line, Backflow Preventer 1 $3,500.00 $3,500.00 1 $12,300.00 $12,300.00 1 $15,000.00 $15,000.00 8 Site Furnishings including Bike Rack, Trash
Receptacles, Picnic Tables, Drinking Fountain,
Benches, Dog Waste Station
1 $47,000.00 $47,000.00 1 $45,015.00 $45,015.00 1 $49,000.00 $49,000.00 9 Installation of City provided Play Equipment 1 $48,500.00 $48,500.00 1 $81,300.00 $81,300.00 1 $55,000.00 $55,000.00 10 Play Area Rubber Surfacing and Base Layer 3022 $38.00 $114,836.00 3022 $27.00 $81,594.00 3022 $24.80 $74,945.60 11 Play Area Sand 6 $250.00 $1,500.00 6 $330.00 $1,980.00 6 $1,000.00 $6,000.00 12 Install City provided Exercise Equipment 1 $29,000.00 $29,000.00 1 $18,960.00 $18,960.00 1 $8,000.00 $8,000.00 13 Fitness Area Rubber Surfacing over 4” Thick Grey
Concrete
1354 $25.00 $33,850.00 1354 $24.00 $32,496.00 1354 $37.81 $51,194.74 14 Provide and Install Shade Sail 1 $18,500.00 $18,500.00 1 $24,200.00 $24,200.00 1 $50,000.00 $50,000.00 15 Refresh Existing Fence Columns, Smooth Stucco
Finish 1 $7,500.00 $7,500.00 1 $10,360.00 $10,360.00 1 $12,500.00 $12,500.00 16 Irrigation System 1 $65,000.00 $65,000.00 1 $93,555.00 $93,555.00 1 $95,000.00 $95,000.00 17 Landscaping 1 $11,000.00 $11,000.00 1 $71,800.00 $71,800.00 1 $75,000.00 $75,000.00 18 New SCE Electrical Meter, Pedestal, and Conduit 1 $35,000.00 $35,000.00 1 $22,800.00 $22,800.00 1 $45,000.00 $45,000.00 19 Any order of work required to construct the
project per project plans in entirety not specifically
identified within this bid schedule
1 $45,000.00 $45,000.00 1 $10,000.00 $10,000.00 1 $25,000.00 $25,000.00 $736,826.00 $924,776.00 $968,085.34
Marjani Builders, Inc. Western State Builders, Inc.
Bid Schedule
RE Schultz Construction, Inc.
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: October 21, 2024 ITEM NUMBER: 11A
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Chet Simmons, City Manager
Subject: Council Member Requested Agenda Item: Electronic Delivery of Financial Information
SUMMARY
During the September 23, 2024, adjourned regular meeting, Council Member Hibard made a motion requesting that the City Council discuss the electronic delivery of financial information.
Council Member Murphy supported the motion. The motion passed 3-1-1, with Mayor Pro Tem Hasselbrink voting no and Council Member Doby abstaining. This informational staff report is the first step in the two-step process for placing items of the Agenda for consideration by the Council.
RECOMMENDATION
In accordance with the City Council’s adopted Agenda Policy, this informational staff report does not request action, but seeks Council’s direction. By a majority vote of the City Council Members present, staff may be directed to place this item on a future Agenda for consideration by the Council.
BACKGROUND
During the September 23, 2024, adjourned regular meeting, Council Member Hibard made the following motion:
"In an effort to show the residents of Los Alamitos that this Council values financial transparency and accountability, I move to direct staff to electronically deliver any and all financial information and legal invoices, unredacted, to any Member of Council, upon request."
The City Council Adopted Accelerated Warrant Policy allows Council Members to ask questions before the meeting so staff and Council can have the appropriate information available to them before the Council meeting. The Limited Printing Policy adopted within the Council Handbook restricts printing to essential documents only and encourages the use of digital alternatives wherever possible.
The Council has been advised that Staff is diligently working toward digitizing the warrant process. Once the process is complete, providing digital copies will be quick and efficient. To date, processing warrants remains a physical paper process. Pulling and copying invoices is labor-intensive and exceeds the small print job (10 pages or fewer) outlined in the Council policy; therefore, staff has not been able to comply with the voluminous request for copies of
invoices at this time.
Council is encouraged to make an appointment through the City Clerk’s office to review the physical copies of any warrants/invoices and discuss questions and concerns with Staff.
Council Member Hibard met with staff on September 23, 2024, for three hours to address her concerns regarding the warrants at that time.
Redacted copies of City Attorney invoices, itemizing the amount of fees billed and hours worked, are public records available upon request. However, City Attorney invoices contain confidential billing descriptions that are subject to the attorney-client privilege and are therefore protected from disclosure. (See, County of Los Angeles Bd. of Supervisors v. Superior Court, (2017) 12 Cal. App.5th 1264 (“Billing entries or portions of invoices that describe the work performed for a client therefore fall directly in the heartland protected by the privilege.”). The attorney-client privilege is held collectively by all five members of the City Council. A majority of the City Council must determine how to safeguard confidential and privileged attorney invoices, whether underacted attorney invoices should be made available upon request to individual Council Members, and whether to waive the attorney-client privilege with respect to such invoices.
DISCUSSION
The City Council’s adopted Agenda Policy allows individual Council Members to place an item on the Agenda utilizing a two-step process. A Council Member may request an item be placed on a future Agenda during Council Announcements. Once a request is made, the item is then brought back to the City Council at a regularly scheduled meeting with an informational staff report (step one). A majority vote of the City Council members present is required to direct staff to place the item on a future Agenda for consideration by the Council (step two).
FISCAL IMPACT
None.
Attachment: None