G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
A�syoBt Agenda Item #9.D
Meeting Date: October 1, 2024
TITLE:
Award of Contract to Standard Industries for the Digester#1 Demolition Project RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute a contract with J.D.M.L., Inc. dba Standard Industries for the Digester #1 Demolition Project in the amount of $187,721 in Fiscal Year 2025.
DISCUSSION:
The Digester #1 Demolition project consists of the demolition of the defunct Digester#1, a piece of equipment where microorganisms break down the organic matter in wastewater. The project is one of several identified in the larger Wastewater Treatment Plant (WWTP) Improvements project authorized by City Council in August of 2020.
The Digester 1 Demolition Project was previously advertised for construction bids on June 13, 2024. Three bids were received; however, the low bidder did not possess the required license classification, and the next lowest bidder was significantly higher than the Engineer's Estimate of $200,000. On August 6, 2024, City Council rejected all bids and authorized staff to re-advertise the project.
The project was re-advertised for construction bids and on September 12, 2024 three bids were received, ranging from $187,721 to $494,575. The apparent low bidder is J.D.M.L., Inc. dba Standard Industries (Standard Industries) with a bid of $187,721 (bid results provided for reference in Table 1).
Table 1. Bid Results
Company Name Bid Amount
Bowen Engineering $340,225
Standard Industries $187,721
Brough Construction $494,575
Conclusion and Recommendation
Staff has verified Standard Industries' references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a contract with Standard Industries I the amount of$187,721 for completion of the Digester #1 Demolition project.
FISCAL IMPACT:
The fiscal impact of adopting the subject Resolution is a total estimated project cost of $197,107 to complete the project. The total estimated cost includes a 5% contingency.
Council Agenda 10-1-2024 9.D-1
The Fiscal Year (FY) 2025 budget includes $1,937,869 for completion of the WWTP Improvements project. The estimated project costs are shown in Table 2 below.
Table 2. Current Project Funding
Company Name Bid Amount
WWTP Improvements Project Budget $1,934,869
Construction Costs Standard Industries $187,721
5% Contingency $9,386
Remaining Budget $1,737,762
The remaining budget will be used to complete other projects included in the WWTP Improvements project.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Standard Industries Bid
2. Standard Industries Contract
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Public Works Director City Manager Approval:
Council Agenda 10-1-2024 9.D-2
Attachment 1
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH J.D.M.L., INC. DBA STANDARD INDUSTRIES FOR THE DIGESTER #1 DEMOLITION PROJECT IN THE AMOUNT OF $187,721 IN FISCAL YEAR 2025 WHEREAS, the Digester #1 Demolition project consists of the demolition of the defunct Digester#1, a piece of equipment where microorganisms break down the organic matter in wastewater; and
WHEREAS, the project is one of several identified in the larger Wastewater Treatment Plant (WWTP) Improvements project authorized by City Council in August of 2020; and WHEREAS, the project was re-advertised for construction bids and on September 12, 2024 three bids were received, ranging from $187,721 to $494,575; and WHEREAS, the apparent low bidder is J.D.M.L., Inc. dba Standard Industries with a bid of$187,721; and
WHEREAS, the Fiscal Year 2025 WWTP Improvements Project budget has sufficient funding to support the cost of this contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a contract with J.D.M.L., Inc. dba Standard Industries for the Digester#1 Demolition Project (cost sheet provided as Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
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Attachment 1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on
Erica Inderlied, City Clerk
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Attachment 1.A
BID SCHEDULE
Digester 1 Demolition Project
BASE BID
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL COST COST
1. Construction Coordination 1 LS $12,000 $ 12,000
2. Pothole for Existing Utilities 1 LS $9,200 $ 9.200
3. Cut and Cap Lines 21 EA $200 $ 4,200
4. Dispose of Sludge in Digester Tank 1 1 LS $106,000 $ 106,000
5. Demolition of Digester Tank 1, and 1 LS $36,000 $ 36,000 Hauling Waste
6. Demolition of Heater Building, and 1 LS $19,821 $ 19,821 Hauling Waste
7. New Class II Ag Base Foundation 115 Cy $100 $ 11,500 TOTAL PRICE BASE BID $ 198,721
Total Bid Amount in W One hundred ninety-eight thousand seven hundred twenty-one dollars STANDARD DEMOUTION.INC. -q J C 1 r _
2,9
Signature of Bidder: — JOHN SCHECK 1 PRESIDENT Date. _ D G(J LS=lump sum, EA=eac F=linear feet
The Contractor shall comply with the requirements the State Labor Code.
The undersigned further agrees that in case of default in executing and submitting the Contract with required bonds and insurance within ten (10) working days after having received notice that the Contract is ready for signature,the proceeds of the check or bond accompanying this Bid shall become the property of the City.
The Contractor to whom the contract is awarded shall submit a statement each month certifying that it is in conformance with the City's Affirmative Action Program.
The following Certification of Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bidder's Information List, Bid Security Form and Non-Collusion Affidavit shall be filled out, signed, and submitted by each Bidder and shall be part of the Contract Documents.
Digester 1 Demolition Project Page—16
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Attachment 2
CITY OF PISMO BEACH This AGREEMENT is subject to the provisions of Article 1.7(commencing at Section 20104.50)of CONSTRUCTION SERVICES AGREEMENT 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 This Construction Services Agreement("AGREEMENT")is made and entered into as of the date the submitted payment requests within 30 days after receipt,for the review of payment requests,for AGREEMENT is fully executed by all parties(the"Effective Date'),by and between the City of Pismo notice to CONTRACTOR of improper payment requests,and provides for the payment of interest on Beach,a municipal corporation("CITY"),and J.D.M.L.,Inc.dba Standard Industries,a corporation progress payment requests which are not timely made in accordance with that Article.This ("CONTRACTOR").In consideration of the mutual covenants and conditions set forth herein,the AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein. parties agree as follows:
This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204,which I. SCOPE OF WORK provides for the submission and resolution of specified claims by CONTRACTOR,including provisions governing the type of claims that may be submitted,the time to respond to such claims,and CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall alternative dispute resolution procedures.The provisions of Section 9204 are incorporated herein by furnish at its own cost all labor,materials,equipment,tools,utility services,and transportation and reference,and to the extent CONTRACTOR asserts a claim specified by Section 9204, perform and complete all work required in connection with the construction of demolition of Digester CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to #1 for the Digester#1 Demolition Project(hereinafter"Project"). CITY.
By entering into this AGREEMENT,CONTRACTOR acknowledges that there may be other V. RETENTION OF SECURITIES contractors on the site whose work will be coordinated with that of its own.CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay,hinder, Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by or interfere with the work of other separate contractors,CITY,the Project Manager,the Public Works CITY to ensure performance under a contract,at the request and expense of CONTRACTOR.
Director/City Engineer,or utilities.CONTRACTOR also expressly agrees that,in the event its work is Substitution of securities shall not be required in contracts in which there will be financing provided by hindered,delayed,interfered with,or otherwise affected by a separate contractor,its sole remedy will the Farmers Home Administration of the United States Department of Agriculture pursuant to the be a direct action against the separate contractor.To the extent allowed by law,CONTRACTOR will Consolidated Farm and Rural Development Act(7 U.S.C.Sec.1921 at seq.),and where federal have no remedy,and hereby expressly waives any remedy against CITY,the Project Manager,or the regulations or policies,or both,do not allows the substitution of securities.Alternatively, Public Works Director/City Engineer on account of delay,hindrance,interference or other events CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent caused by a separate contractor. at the expense of CONTRACTOR.At the expense of CONTRACTOR,CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on II. TIME FOR PROJECT COMPLETION the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR.Upon satisfactory completion of the contract,CONTRACTOR shall receive from the All of CONTRACTOR's work on the Project shall be completed within durations established for the escrow agent all securities,interest,and payments received by the escrow agent from CITY,pursuant individual activities as set forth in the Project Construction Schedule.All work shall commence fifteen to the terms of this section. (15)calendar days after receiving a written Notice to Proceed from CITY or Project Manager,if a Project Manager is employed by CITY on the Project.CONTRACTOR shall refer to the invitations for The escrow agreement entered into pursuant to this section must be substantially similar to the form bids,and Project Plans and Specifications,all of which,as set forth below,are incorporated herein by included in Public Contract Code Section 22300(e).CONTRACTOR shall obtain the written consent of reference,for contractual obligations regarding individual activity durations.The aggregate sum total its surety to such escrow agreement.Securities eligible for investment under this section shall include work of all individual Prime Contractors to CITY comprises the entire"Project"and shall be those listed in Section 16430 of the Government Code,bank or savings and loan certificates of commenced and completed in conformance with the Project Construction Schedule.The entire deposit,interest-bearing demand deposit accounts,standby letters of credit,or any other security Project shall be completed within 30 consecutive working days("Contract Time"). mutually agreed to by CONTRACTOR and CITY.
III. THE CONTRACT SUM In accordance with Public Contract Code Section 22300(d)(1),if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY,CONTRACTOR shall,at the request of any CITY shall pay to CONTRACTOR for the performance of this AGREEMENT,subject to any additions subcontractor performing more than five percent of CONTRACTOR's total bid,make that option and deductions provided in the Project documents,the sum of one hundred eighty-seven thousand available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the seven hundred twenty-one dollars($187,721). subcontractor.
IV. PROGRESS PAYMENTS VI. INDEMNITY,DEFENSE AND HOLD HARMLESS AGREEMENT Based upon Applications for Payment submitted to the Public Works Director/City Engineer by To the fullest extent permitted by law,CONTRACTOR shall indemnify,defend,and hold harmless the CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer,CITY CITY,and its elected officials,officers,employees,volunteers,and agents("CITY Indemnitees"),from shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the and against any and all causes of action,claims,liabilities,obligations,judgments,or damages, General Conditions. including reasonable legal counsels'fees and costs of litigation("claims"),arising out of CONTRACTOR's performance or CONTRACTOR's failure to perform its obligations under this 1of10 2of10
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AGREEMENT or out of the operations conducted by CONTRACTOR,except for such loss or damage X. FINAL PAYMENT arising from the active negligence,sole negligence,or willful misconduct of CITY.In the event CITY Indemnitees are made a party to any action,lawsuit,or other adversarial proceeding arising from Final payment,constituting the entire unpaid balance of the Agreement Sum,shall be paid by CITY to CONTRACTOR's performance of this AGREEMENT,CONTRACTOR shall provide a defense to CITY CONTRACTOR no sooner than thirty-five(35)days after a Notice of Completion has been recorded, Indemnitees or at CITY's option,reimburse CITY Indemnitees their costs of defense,including unless otherwise stipulated in the Notice of Completion,provided the work has then been completed, reasonable legal fees,incurred in defense of such claims. the AGREEMENT fully performed,and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.
Payment by CITY is not a condition precedent to enforcement of the indemnities in this section.In the event of any dispute between CONTRACTOR and CITY,as to whether liability arises from the active XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT negligence,sole negligence,or willful misconduct of CITY or its officers,employees,or agents, CONTRACTOR will be obligated to pay for CITY's defense until such time as a final judgment has In the event CONTRACTOR fails to furnish tools,equipment,or labor in the necessary quantity or been entered adjudicating CITY as having been actively negligent,solely negligent,or as having quality,or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a engaged in willful misconduct.CONTRACTOR will not be entitled in the absence of such a diligent and workmanlike manner,and if CONTRACTOR for a period of three(3)calendar days after determination to any reimbursement of defense costs including but not limited to attorneys'fees, receipt of written demand from CITY or its designated representative to do so,fails to furnish tools, expert fees,and costs of litigation.The provisions of this Section VI shall survive completion of equipment,or labor in the necessary quantity or quality,and to prosecute its work and all parts thereof CONTRACTOR's services or the termination of this AGREEMENT. in a diligent and workmanlike manner,or after commencing to do so within said three(3)calendar days,fails to continue to do so;then CITY may exclude CONTRACTOR from the premises,or any VII. PREVAILING WAGES portion thereof,and take possession of said premises or any portion thereof,together with all material and equipment thereon,and may complete the work contemplated by this AGREEMENT or any A. Wage rates for this Project shall be in accordance with the General Wage Determination Made portion of said work,either by furnishing the tools,equipment,labor or material necessary,or by by the Director of Industrial Relations Pursuant To California Labor Code,Part 7,Chapter 1, letting the unfinished portion of said work,or the portion taken over by CITY to another contractor or Article 2,Sections 1770,1773 and 1773.1,for San Luis Obispo County.Wage rates shall by a combination of such methods.In any event,the procuring of the completion of said work,or the conform with those posted at 760 Mattie Road,Pismo Beach,and the Project site. portion thereof taken over by CITY,shall be a charge against CONTRACTOR,and may be deducted from any money due or becoming due to CONTRACTOR from CITY,or CONTRACTOR shall pay B. The following Labor Code sections are hereby referenced and made a part of this CITY the amount of said charge,or the portion thereof unsatisfied.The sureties,provided for under AGREEMENT: this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.
1. Section 1775-Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4-Apprenticeship Requirements. XII. INSURANCE
3. Section 1777.5-Apprenticeship Requirements.
4. Section 1813-Penalty for Failure to Pay Overtime. A. Prior to the beginning of and throughout the duration of the Project,CONTRACTOR and its
5. Sections 1810 and 1811-Working Hour Restrictions. subcontractors shall maintain insurance in conformance with the requirements set forth below.
6. Section 1775-Payroll Records. CONTRACTOR may use existing coverage to comply with these requirements.If that existing
7. Section 1773.8-Travel and Subsistence Pay. coverage does not meet the requirements set forth herein,CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
Vill. RECORD AUDIT
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this In accordance with Government Cade,Section 8546.7,records of both CITY and CONTRACTOR section constitute the minimum amount of coverage required.Any insurance proceeds shall be subject to examination and audit by the Auditor General for a period of three(3)years after available to CONTRACTOR or its subcontractors in excess of the limits and coverage final payment. identified in this AGREEMENT and which is applicable to a given loss,claim or demand,will be equally available to CITY.
IX. CERTIFICATIONS
CONTRACTOR shall provide the following types and amounts of insurance:
In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT: 1. General liability insurance.CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, A. None in an amount not less than$1,000,000 per occurrence,$2,000,000 general aggregate, for bodily injury,personal injury,and property damage,and a$2,000,000 completed operations aggregate.The policy must include contractual liability that has not been amended.Any endorsement restricting standard Insurance Services Office(ISO) "insured contract"language will not be accepted.
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2. Automobile liability insurance.CONTRACTOR shall maintain automobile insurance at 2. Duration of coverage.CONTRACTOR shall procure and maintain for the duration of least as broad as Insurance Services Office form CA 00 01(06/92)covering bodily the AGREEMENT insurance against claims for injuries to persons or damages to injury and property damage for all activities of CONTRACTOR arising out of or in property,which may arise from or in connection with the performance of the Project connection with the Project,including coverage for any owned,hired,non-owned or hereunder by CONTRACTOR,his agents,representatives,employees or rented vehicles,in an amount not less than$1,000,000 combined single limit for each subcontractors.CONTRACTOR must maintain general liability and umbrella or excess accident. liability insurance for as long as there is a statutory exposure to completed operations
3. Workers'compensation insurance.CONTRACTOR shall maintain Workers' claims.CITY and its officers,elected officials,employees,and agents shall continue as Compensation Insurance(Statutory Limits)and Employer's Liability Insurance(with additional insureds under such policies. limits of at least$1,000,000)for CONTRACTOR's employees in accordance with the 3. Primary/noncontributing.Coverage provided by CONTRACTOR shall be primary and laws of the State of California,Section 3700 of the Labor Code at seq.In addition, any insurance or self-insurance procured or maintained by CITY shall not be required CONTRACTOR shall require each subcontractor to similarly maintain Workers' to contribute with it.The limits of insurance required herein may be satisfied by a Compensation Insurance and Employer's Liability Insurance in accordance with the combination of primary and umbrella or excess insurance.Any umbrella or excess laws of the State of California for all of the subcontractor's employees. insurance shall contain or be endorsed to contain a provision that such coverage shall
4. CONTRACTOR shall submit to CITY,along with the certificate of insurance,a Waiver also apply on a primary and non-contributory basis for the benefit of CITY before of Subrogation endorsement in favor of CITY,its officers,agents,employees and CITY's own insurance or self-insurance shall be called upon to protect it as a named volunteers. insured.
5. Pollution liability insurance.Environmental Impairment Liability Insurance shall be 4. CITY's rights of enforcement.In the event any policy of insurance required under this written on a CONTRACTOR's Pollution Liability form or other form acceptable to CITY AGREEMENT does not comply with these requirements or is canceled and not providing coverage for liability arising out of sudden,accidental and gradual pollution replaced,CITY has the right but not the duty to obtain the insurance it deems and remediation.The policy limit shall be no less than$1,000,000 dollars per claim and necessary and any premium paid by CITY will be promptly reimbursed by in the aggregate.All activities contemplated in this AGREEMENT shall be specifically CONTRACTOR or CITY will withhold amounts sufficient to pay premium from scheduled on the policy as"covered operations."The policy shall provide coverage for CONTRACTOR payments.In the alternative,CITY may terminate this AGREEMENT. the hauling of waste from the project site to the final disposal location,including non- 5. Acceptable insurers.All insurance policies shall be issued by an insurance company owned disposal sites. currently authorized by the Insurance Commissioner to transact business of insurance
6. Products/completed operations coverage.Coverage shall extend a minimum of three or is on the List of Approved Surplus Line Insurers in the State of California,with an (3)years after project completion and shall be included on behalf of the insured for assigned policyholders'Rating of A-(or higher)and Financial Size Category Class VII covered claims arising out of the actions of independent contractors.If the insured is (or larger)in accordance with the latest edition of Best's Key Rating Guide,unless using subcontractors,the Policy must include work performed"by or on behalf'of the otherwise approved by CITY's Risk Manager. insured.Policy shall contain no language that would invalidate or remove the insurer's 6. Waiver of subrogation.All insurance coverage maintained or procured pursuant to this duty to defend or indemnify for claims or suits expressly excluded from coverage. agreement shall be endorsed to waive subrogation against CITY,its elected or Policy shall specifically provide for a duty to defend on the part of the insurer.The appointed officers,agents,officials,employees,and volunteers or shall specifically CITY,its officials,officers,agents,and employees,shall be included as insureds under allow CONTRACTOR or others providing insurance evidence in compliance with these the policy. specifications to waive their right of recovery prior to a loss.CONTRACTOR hereby waives its own right of recovery against CITY,and shall require similar written express B. Other provisions or requirements: waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions(non-estoppel).CONTRACTOR acknowledges and
1. Proof of insurance.CONTRACTOR shall provide certificates of insurance to CITY as agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR evidence of the insurance coverage required herein,along with a waiver of subrogation of non-compliance with any requirement imposes no additional obligations on CITY nor endorsement for Workers'Compensation.Insurance certificates and endorsements does it waive any rights hereunder. must be approved by CITY's Risk Manager prior to commencement of performance. 8. Requirements not limiting.Requirements of specific coverage features or limits CITY's Risk Manager or City Attorney may waive the requirement of any insurance contained in this Section are not intended as a limitation on coverage,limits or other policy set forth herein if he/she determines that such a policy is not commercially requirements,or a waiver of any coverage normally provided by any insurance. available to CONTRACTOR,or if the risk to CITY is sufficiently minimal to render such Specific reference to a given coverage feature is for purposes of clarification only as it insurance unnecessary.If such a policy is commercially available,additional cost to pertains to a given issue and is not intended by any party or insured to be all inclusive, CONTRACTOR in obtaining such a policy shall not be a basis upon which the or to the exclusion of other coverage,or a waiver of any type.If CONTRACTOR insurance requirement will be waived.Current certification of insurance shall be kept maintains higher limits than the minimums shown above,CITY requires and shall be on file with CITY at all times during the term of AGREEMENT.CITY reserves the right entitled to coverage for the higher limits maintained by CONTRACTOR.Any available to require complete,certified copies of all required insurance policies,including insurance proceeds in excess of the specified minimum limits of insurance and endorsements to such policies,at any time.
coverage shall be available to CITY.
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9. Notice of cancellation.CONTRACTOR agrees to oblige its insurance agent or broker 17. Additional insurance.CONTRACTOR shall also procure and maintain,at its own cost and insurers to provide to CITY with a thirty(30)day notice of cancellation(except for and expense,any additional kinds of insurance,which in its own judgment may be nonpayment,for which a ten(10)day notice is required)or nonrenewal of coverage for necessary for its proper protection and prosecution of the Project. each required coverage.In the event CONTRACTOR'S policy of insurance cannot be XIII. CONTRACTOR'S LICENSE endorsed to provide this notice of cancellation,CONTACTOR shall provide CITY notice of such cancellation,in writing,not later than 24 hours following the effective time of CONTRACTOR must possess at the time of commencing work and throughout the Project duration,a such cancellation. Contractor's License,issued by the State of California,which is current and in good standing.
10. Additional insured status.General liability and automobile insurance policies shall CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of provide or be endorsed to provide that CITY and its officers,officials,employees, commencing work and throughout the Project duration,a Contractor's License,issued by the State of agents,and volunteers shall be additional insureds under such policies.This provision California,which is current and in good standing. shall also apply to any excess/umbrella liability policies.Each such insurance policy shall contain language substantially similar to the following clause: XIV. REGISTRATION REQUIREMENTS "The City of Pismo Beach,its elected and appointed officials,officers,employees Pursuant to Section 1771.1(a)of the Labor Code:
and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal,subject to the
11. Prohibition of undisclosed coverage limitations.None of the coverages required herein requirements of Section 4104 of the Public Contract Code,or engage in the performance of any will be in compliance with these requirements if they include any limiting endorsement contract for public work,as defined in this chapter,unless currently registered and qualified to perform of any kind that has not been first submitted to CITY and approved of in writing by public work pursuant to Section 1725.5.It is not a violation of this section for an unregistered CITY's Risk Manager or City Attorney. contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code
12. Separation of insureds.A severability of interests provision must apply for all additional or by Section 10164 or 20103.5 of the Public Contract Code,provided the contractor is registered to insureds ensuring that CONTRACTOR's insurance shall apply separately to each perform public work pursuant to Section 1725.5 at the time the contract is awarded." insured against whom claim is made or suit is brought,except with respect to the CONTRACTOR must be registered with the Department of Industrial Relations(DIR)of the State of insurer's limits of liability.The policy(ies)shall not contain any cross-liability exclusions. California in order to be eligible to work on public works projects.CONTRACTOR must ensure
13. Pass-through clause.CONTRACTOR agrees to ensure that its subconsultants, registration with the DIR that is active and in good standing. subcontractors,and any other party providing any work on the Project under the direction of CONTRACTOR,provide the same minimum insurance coverage and Except as otherwise provided in Labor Code Section 1771.1(a),no contractor or subcontractor may endorsements required of CONTRACTOR.CONTRACTOR agrees to monitor and be listed on a bid proposal for a public works project unless registered with the Department of review all such coverage and assumes all responsibility for ensuring that such Industrial Relations pursuant to Labor Code section 1725.5. coverage is provided in conformity with the requirements of this section.
CONTRACTOR agrees that upon request,all agreements with consultants, No contractor or subcontractor may be awarded a contract for public work on a public works project subcontractors,and others engaged in performing work on the Project will be unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. submitted to CITY for review.
14. CITY's right to revise requirements.CITY reserves the right at any time during the term This project is subject to compliance monitoring and enforcement by the Department of Industrial of the AGREEMENT to change the amounts and types of insurance required by giving Relations.
CONTRACTOR a ninety(90)day advance written notice of such change.If such change results in substantial additional cost to CONTRACTOR,CITY and XV. CORPORATION IN GOOD STANDING CONTRACTOR may renegotiate CONTRACTOR's compensation.
If CONTRACTOR is a corporation,the undersigned hereby represents and warrants that the
15. Self-insured retentions.Any deductibles or self-insured retention must be declared to corporation is duly incorporated and in good standing in the State of California,and that the and approved by CITY.At the option of CITY,either the insurer shall reduce or undersigned is authorized to act for and bind the corporation. eliminate such deductibles or self-insured retention as respects CITY,its elected and appointed officials,employees and volunteers,or CONTRACTOR shall procure a bond XVI. PROVISIONS REQUIRED BY LAW guaranteeing payment of losses and related investigations,claim administration and defense expenses.Self-insurance will not be considered to comply with this paragraph Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall unless approved by CITY. be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were
16. Timely notice of claims.CONTRACTOR shall give CITY prompt and timely notice of included herein,and if through mistake or otherwise any such provision is not inserted,or is not claims made or suits instituted that arise out of or result from CONTRACTOR's currently inserted,then upon application of either party the AGREEMENT shall forthwith be physically performance under this AGREEMENT,and that involve or may involve coverage under amended to make such insertion or correction. any of the required liability policies.
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XVII. SUBSURFACE HAZARDOUS MATERIALS 11. Standard Plans for Public Works Construction,"Greenbook,"2015 edition,or the latest edition thereof
A. Pursuant to Public Contract Code Section 7104,in the event the Project includes trenches or 12. California State Department of Transportation Standard Specifications,latest edition,when other excavations extend deeper than four(4)feet below the surface,CONTRACTOR shall specifically referenced in the plans. promptly,and before the following conditions are disturbed,notify CITY in writing of any:
All of the above named CONTRACT DOCUMENTS are intended to be complementary.Work required
1. Material that CONTRACTOR believes may be material that is hazardous waste,as by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required defined in Section 25117 of the Health and Safety Code,that is required to be removed by all. to a Class I,Class II or Class III disposal site in accordance with the provisions of existing law; XIX. ENTIRE CONTRACT
2. Subsurface or latent physical conditions at the site differing from those indicated in the This AGREEMENT constitutes the entire contract of the parties.No other agreements or contracts, Project specifications; whether oral or written,pertaining to the work to be performed,exists between the parties.This
3. Unknown physical conditions at the site of any unusual nature,different materially from AGREEMENT can be modified only by an amendment in writing,signed by both parties. those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT. IN WITNESS WHEREOF,the parties hereto have caused this AGREEMENT to be executed the day B. Upon receipt of said notification CITY will investigate the conditions,and if it finds that the and year last written below. conditions do materially so differ,or do involve hazardous waste,and cause a decrease or ACTOR:
CONTR
increase in CONTRACTOR's cost of or the time required for performance of any part of the CITY:City of Pismo Beach,a Municipal Corporation CONTRACTOR:
Inc.dba Standard Industries
Project,CITY will issue a change order under the procedures described in the General Conditions.
Signed: Signed:
C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ,or involve hazardous waste or cause a decrease or increase in Name:Mike James Name:
CONTRACTOR's cost of or time required for performance of any part of the Project, Title:Assistant City Manager/Acting Public Works Title:
CONTRACTOR shall not be excused from any scheduled completion date provided for by the Director AGREEMENT,but shall proceed with all work to be performed under the AGREEMENT. Dated: Dated:
CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law Address for giving notice:
which pertain to the resolution of disputes and protests between the contracting parties. Signed:
XVIII. COMPONENT PARTS OF THE CONTRACT Name:Jorge E.Garcia Title:City Manager
This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS,all of which are Dated: Email address for official communications:
component parts of the AGREEMENT as if herein set out in full or attached hereto:
In addition,all Change Orders and Work Directive Changes authorizing additions,deletions,or Address for giving notice(See Section XVIII):
modifications,and all appendices,bulletins and addenda as prepared prior to the date of opening Bids 760 Mattie Road,Pismo Beach,CA 93449 Vendor Representative:
setting forth any modifications or corrections or interpretations of any of said documents.In the event ATTEST: Name/Title:
of any conflict between the provisions thereof,the terms of said documents shall control over each other in the following order:
1. Agreement Signed:
2. Change Orders and Work Directive Changes
3. Addenda Name:Erica Inderlied
4. Notice to Bidders Title:City Clerk
5. Contract Proposal
6. Special Provisions APPROVED AS TO FORM:
7. Technical Provisions
8. Contract Plans Signed:
9. City of Pismo Beach Standard Specifications and Drawings
10. Standard Specifications for Public Works Construction,"Greenbook,"2015 edition,or the Name:David M.Fleishman latest edition thereof Title:City Attorney 9of10 10of10
Construction Services Agreement(Rev.2/2/2018) Construction Services Agreement(Rev.2/2/2018) Council Agenda 10-1-2024 9.D-10