Agenda Item No: 1.h
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: June 3, 2025
Submitted by: Lydie Gutfeld
From: Community Services
Subject:
Award of Contract to Judge Netting Inc. for the Purchase and Installation of Safety Netting at Torii Hunter Field at Kraemer Memorial Park
Financial Impact:
Expense: $40,700 St. Jude Grant
Contingency: $ 4,070 St. Jude Grant
Total $44,770
Budget: $44,770 St. Jude Grant Award Funds
Summary:
Following the receipt of the St. Jude Grant, Staff developed a Request for Proposals (RFP) to procure new sports safety netting for Torii Hunter Baseball Field at Kraemer Memorial Park.
Three vendors attended the job walk; however, only one bid was submitted. Judge Netting Inc. submitted the sole bid in the amount of $40,700, and staff recommends awarding the contract to this vendor with an additional $4,070 in contingency funds for a total not to exceed amount of $44,770.
Recommendation:
Recommended Action: It is recommended that the City Council take the following actions:
1. Award a Public Works Agreement to Judge Netting Inc. for the purchase and replacement of the safety netting and equipment at Torii Hunter Field within Kraemer Park in the amount of $40,700; and
2. Authorize the City Administrator to approve contract change orders up to a total of $4,070 or a not-to-exceed total contract amount of $44,770; and
3. Authorize the City Administrator and/or her designee to execute all necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
This item is consistent with the City Council approved Strategic Plan Goal and supports Strategic Goal No. 3: Implement Infrastructure to Meet Community Needs. Installing new sports safety netting enhances the City's ability to accommodate a greater number of community sports groups and baseball/softball programs, while improving safety for park patrons by preventing balls from leaving the field of play. 1 Discussion:
On November 19, 2024, the City Council approved a Restricted Project Grant Agreement with St. Jude Hospital to accept a $60,000 Healthy Communities Initiative Grant in support of community health and wellness (Resolution No. R-2024-72). As part of the grant agreement, a portion of the funds was designated for the replacement of the outdated and damaged safety netting at Torii Hunter Baseball Field at Kraemer Memorial Park.
The grant allocated $47,000 for this project, and the City budgeted an additional $12,200 in Fiscal Year 2024–2025 for the purchase of sports field netting at Torii Hunter Field. The total cost for the product and installation is $40,700, with a $4,070 contingency, for a not-to-exceed amount of $44,770.
The new field netting will be used by community sports groups and will enhance safety and physical activity opportunities for all park users. It will also help expand access to softball and other athletic programs within the City.
Staff released a Request for Proposals (RFP No. CS-25-01) via PlanetBids on March 31, 2025, with submittals due by April 14, 2025, at 2:00 p.m. Although three vendors participated in the job walk, only one bid was received.
Following a thorough review and reference checks, Staff recommends awarding the contract to Judge Netting Inc. for the purchase and installation of the baseball field safety netting.
Fiscal Impact Summary:
There is no financial impact for the purchase of the nets and equipment, as the total amount of the contract falls within the scope of the award by St. Jude Grant.
Attachments
Torii Hunter Netting RFP- CS -25-01 Updated After Addemdum No. 1.pdf Providence St. Jude Hospital - Grant Agreement.pdf
Resolution R-2024-72 Budget Amendment (St. Jude).pdf
Evidence-of-Insuran_Judge-Netting-_25-26-MASTER updated.pdf Torii_Hunter_Netting_Public_Works_Template_w_Bonds_-_signed updated.pdf 2 City of Placentia Bid No. CS-25-01 Page 1 of 18
CITY OF PLACENTIA
REQUEST FOR PROPOSALS (RFP)
FOR
REPLACEMENT OF SPORTS FIELD NETTING
AT TORII HUNTER FIELD WITHIN
KRAEMER MEMORIAL PARK
Bid No. CS-25-01
Key Bid Dates
Issue Date: March 31, 2025
Questions Due: April 10, 2025, by 10:00 A.M.
Pre-Bid Meeting: April 7, 2025, at 1:00 P.M.
Submittals Due: April 14, 2025, by 2:00 P.M.
Bid Contact Person:
Matthew Brand
Community Services Coordinator
[email protected]
3 City of Placentia Bid No. CS-25-01 Page 2 of 18
Table of Contents
I. Bid Submittal Instructions Pg. 3
II. Scope of Work Pg. 8
A. General Description
B. Specifications
III. Bidder’s Proposal Form Pg. 9
IV. General Provisions Pg. 10
ATTACHMENT A – BIDDER’S STATEMENT AND COMPANY INFORMATION
ATTACHMENT B – SAMPLE CONTRACT AGREEMENT
ATTACHMENT C – SUBCONTRACTOR DESIGNATION FORM
4 City of Placentia Bid No. CS-25-01 Page 3 of 18
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Placentia, as AGENCY invites sealed bids for the below stated project and will receive sealed bids for the materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in this Bid Package.
REPLACEMENT OF SPORTS FIELD NETTING AT TORII HUNTER FIELD
WITHIN KRAEMER MEMORIAL PARK
I. BID SUBMITTAL INSTRUCTIONS
A. QUESTIONS: Any questions concerning this bid request must be submitted in writing through the City of Placentia’s (City) electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by no later than the date and time specified on the cover page of this Notice Inviting Bids. No verbal requests or requests made in any other format will be accepted. Questions must be submitted individually and not in a paragraph format nor combined in a single submission. All posted questions will be answered VIA posting on PlanetBids under the “Q&A or via in writing and conveyed by posting an addenda under the “Addenda/Emails” tab.
B. COMMUNICATION: No employee or agent of the City shall discuss or otherwise communicate with any vendor specific information related to a competitive bid process prior to bid closing, except as described above in the instructions for submitting questions to the City. This process allows staff to respond to all questions through a formal addendum process, whereby all potential bidders receive the same information at the same time. However, general process questions regarding an open bid may be directed to the Purchasing contact listed on the cover page of this Notice Inviting Bids at any time. BID UPDATES: All notifications, updates, and addenda will be posted on the City’s bid management and publications system at:
https://pbsystem.planetbids.com/portal/54600/portal-home .
C. MANDATORY PRE-BID MEETING AND JOB WALKTHROUGH: A mandatory pre-bid meeting and job walk will be held on April 7, 2025 at 1:00p .m. at:
Park Address:
Kraemer Memorial Park
201 Bradford Ave.
Placentia, CA 92870
Meeting Address:
116 N Walnut Ave.
Placentia, CA 902870
For questions regarding location contact: Matthew Brand [email protected]
Failure to attend this meeting shall give cause to have your bid declared non - responsive. Contractor’s representative must attend the entirety of the meeting and 5 City of Placentia Bid No. CS-25-01 Page 4 of 18
job walk. This informational meeting will be held to allow for site inspection and questions or clarifications of a technical nature and those concerning the City’s solicitation process and subsequent contract award. Prospective Bidders should be familiar with this Request for Proposals prior to attending this meeting. Prospective Bidders are encouraged to RSVP on PlanetBids prior to this meeting.
D. BID UPDATES: All notifications, updates, and addenda will be posted on the City’s bid management and publications system at
https://pbsystem.planetbids.com/portal/54600/portal-home .
E. BID BONDS When deemed necessary by the City, Bid Bonds shall be furnished by all bidders in the amount of at least 10% of the bid, to guarantee that bidders will enter into contract to furnish goods at prices stated.
The following Bonds are required:
Payment Bond and Performance Bond
(a) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract.
(b) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
Bidders shall submit Performance and Payment Bond or Certified Check in a sealed envelope to the address shown below:
City of Placentia
Attn: Matthew Brand
401 East Chapman Avenue
Placentia, CA 92870
Documents shall be clearly labeled in a sealed envelope or box as follows:
Bid No. CS-25-01 – REPLACEMENT OF SPORTS FIELD NETTING AT TORII HUNTER
FIELD WITHIN KRAEMER MEMORIAL PARK
Bid Bond or Certified Check must be received no later than 3 business days after the bid due date.
Note: The Certified Check received from bidders in lieu of a bid bond shall be returned upon the City’s awarding of a contract.
All deposits will be held until a Contract has been executed with the successful Bidder or all bids have been rejected.
6 City of Placentia Bid No. CS-25-01 Page 5 of 18
F. CONTRACTOR REQUIREMENTS:
In accordance with provisions of Section 3300 of the California Public Contract Code, the AGENCY has determined that the Contractor shall possess a valid California Contractor's License A - General Engineering Contractor, or B – General Building. Failure to possess such license may render the bid non -responsive and bar the award of the contract to that non-responsive Bidder. The successful Contractor and his/her subcontractors will be required to possess business licenses from the AGENCY.
G. REFERENCES: Contractor shall provide three (3) references, for which Contractor has performed similar services under contracts awarded by a similar public agency, which demonstrate Bidder’s ability to provide the supplies, equipment, or services required by this Notice Inviting Bids. References should be included with the Bidder’s Statement and Company Information Form (ATTACHMENT A).
City may disqualify a Bidder if:
a. References fail to substantiate Bidder’s description of services and deliverables provided; or
b. References fail to support that Bidder has a continuing pattern of providing capable, productive, and skilled personnel, or
c. City is unable to reach the point of contact with reasonable effort. It is the Bidder’s responsibility to inform the point of contact(s) of normal City working hours.
H. ALTERNATIVES: All bids with material substitutions or deviations from the specified items will be rejected as non-responsive. Bidders must submit a request for pre - approval of any equivalent, equal, alternative, or changes by following the directions for questions described above, prior to the deadline to submit questions. The City has the option of accepting or rejecting any proposed alternative and any bid that includes alternatives. Brand names, if any, are given for quality control only. Bids on “equals” are encouraged, however, the bidder must give evidence of equal utility and quality by providing specification sheets and description of products proposed as alternatives for each line item, and a description of the request on company letterhead.
I. PRICING REQUIREMENTS: Bidders must supply all bid items and provide unit prices for all items listed in this Notice Inviting Bids, including any shipping/handling fees. Bid proposals that do not include all items listed may be deemed non- responsive.
d. Prices shall be FOB Destination Placentia
e. Prices must not include sales tax.
f. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, and fuel.
g. Charges such as FUEL SURCHARGE, DELIVERY FEE, or any other miscellaneous charges must be noted.
7 City of Placentia Bid No. CS-25-01 Page 6 of 18
J. TAX: Do not include sales tax in your unit prices. Bidder shall show as a separate item California State Sales and/or Use Tax percentage. However, sales tax will not be included in during the evaluation of bids.
K. SITE INSPECTIONS: When appropriate, Bidders are encouraged to examine the locations, physical conditions, and surroundings of the proposed work sites on their own to determine the extent to which these factors will influence or affect performance of work. Failure to inspect sites shall not relieve the Contractor from fulfilling the obligations of the Contract. The City shall assume that bidders have investigated and are satisfied with the expected conditions, quality of the work to be performed, and the requirements of these specifications.
L. AWARD: The following criteria will be included in the evaluation process for selection of the award recipients(s):
a. Ability to meet specifications;
b. Proposed price;
c. Delivery lead time;
d. Past record of performance in providing similar services; including such factors as timely response and cooperation
The City reserves the right to award the Contract to other than the lowest Bidder, to reject any or all bids, to cause re-soliciting of the bids, or to take such other course of action as the City deems appropriate at the City’s sole and absolute discretion.
The City shall endeavor to award contract to the lowest, responsive, responsible Bidder.
M. BID SUBMISSION: No bid will be considered for award unless properly and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Notice Inviting Bids . All bids must be signed by an authorized representative.
All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for “on time” submission of their electronic bid. The bid management system will not accept late bids and no exceptions shall be made.
Bidders will receive an e-bid confirmation number with a time stamp from the bid management system indicating their bid was submitted successfully. The City will only receive those bids that were transmitted successfully. DO NOT FAX OR E- MAIL.
NOTE: E-Bids are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting “withdraw”.
N. BID WITHDRAWAL: Bids may be withdrawn by submitting a written request any time prior to the scheduled closing time for receipt of proposal. No proposal may be withdrawn for a period of ninety (90) days thereafter.
8 City of Placentia Bid No. CS-25-01 Page 7 of 18
O. REJECTION: The City reserves the right to reject any or all bids and to waive any minor informality in any bid and to take all bids under advisement for a maximum period of ninety (90) days. The City and Contractor are bound by the procedures set forth in the Placentia City Charter for Public Works Construction contracts and applicable law.
P. PERIOD OF ACCEPTANCE: Unless otherwise stated, bids shall be subject to acceptance by the City for a period of ninety (90) calendar days following the opening of bids.
Q. SAMPLES: When required, bidder shall furnish samples of items free of expense to the City, and if not destroyed by test may, upon request made at the time the sample is furnished, be returned at the bidder’s expense.
R. PROHIBITED INTEREST: Bidder agrees it shall disclose to the City in writing any financial interest, direct or indirect, in Bidder’s business or in this transaction held by any City Council member or any City officer or employee. City reserves the right to refuse any bid if City determines a conflict of interest exists. A conflict of interest may be determined to exist in any instance where the City officer or employee participates in or influences any decision-making process affecting a bid or contract in any way whatsoever.
S. LOCAL VENDOR PREFERENCE: For bid evaluation purposes qualified bidders may receive a 5% preference for businesses located within the City of Placentia, is given respectively on all qualifying bids for materials, supplies, labor, equipment or services, pursuant to the Local Business Preference Program under C hapter 3.95 of the Placentia Municipal Code.
T. FILING A PROTEST: Bidders may file a protest to an IFB with the City. In order for a Bidder’s protest to be considered valid, the protest must:
• Be filed in writing within five (5) business days after the bid issue date for protests related to specifications or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City’s website; • Clearly identify the specific irregularity or accusation; • Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
Include all relevant, supporting documentation with the protest at time of filing . If the protest does not comply with each of these requirements, it will be rejected as invalid.
If the protest is valid, the City shall review the basis of the protest and all relevant information. The City will provide a written decision to the protestor within ten (10) business days from the receipt of the protest. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered .
9 City of Placentia Bid No. CS-25-01 Page 8 of 18
II. SCOPE OF WORK
A. General Description
The City of Placentia is seeking a qualified vendor for the replacement of sports field netting on Torii Hunter field located at Kraemer Memorial Park. The general scope of work includes, but is not limited to:
1. Custom fabrication, detailed site measurements, installation of a new bottom cable and any necessary hardware, lift rental, and professional installation of a netting system.
2. InCord M500BK FR-HTPP Knotless, brand name, is a means of establishing quality and style. Bidders are invited to quote its equals. Alternate offers are to be supported by literature, which fully describes items that you are bidding. No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder, in the designated places. If no exceptions or deviations are shown, the bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder.
The Submitting Vendor will ideally possess experience in similar installation and must be able to demonstrate a very high level of customer satisfaction from past projects.
B. Specifications
Selected Vendor will be responsible for the preparation and installation new cables and hardware and netting system.
Location: Kraemer Memorial Park, 201 Bradford Ave., Placentia, CA 92870
10 City of Placentia Bid No. CS-25-01 Page 9 of 18
III. BIDDER’S PROPOSAL FORM
REPLACEMENT OF SPORTS FIELD NETTING, TORII HUNTER,
KRAEMER MEMORIAL PARK
The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the gloves, in accordance with City needs and/or fund availability and the specifications provided herein.
Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer.
BID
ITEM ITEM DESCRIPTION QUANTITY
UNIT OF
MEASURE
UNIT
PRICE
TOTAL
1. Replacement of sports field netting
Torii Hunter field
1 LS $______ $__________
2. $_______ $__________
3. $______ $__________
Total $_______ $__________
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and consti tute his/her proposal to perform all the work called out and implied throughout these contract documents.
***BID ITEMS TO BE INPUTED ON-LINE IN PLANETBIDS***
11 City of Placentia Bid No. CS-25-01 Page 10 of 18
IV. GENERAL PROVISIONS
A. ASSIGNMENT: Vendor may not assign, transfer, delegate, or subcontract any right, obligation, performance herein without the prior written consent of the City’s P roject Manager and any such assignment, transfer, delegation, or subcontract without the Project Manager’s prior written consent shall be considered null and void.
B. BID EXPENSES: The City shall not be liable for any expenses incurred by potential vendor(s) in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the vendor’s Pricing Sheet. Pre -contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:
1. Preparing its bid in response to this Notice Inviting bid;
2. Submitting that bid to the City;
3. Negotiating with the City any matter related to the bid; and,
4. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.
C. BUSINESS LICENSE: The City requires any person, including but not limited to, an individual, corporation, or sole proprietor who wishes to conduct any business within the City of Placentia must secure a City of Placentia business license upon award of the resulting contract. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Placentia business license is available on the City’s website:
https://www.placentia.org/412/Business-Licenses .
D. COMPLIANCE WITH LAWS: Vendor shall, at its sole expense, comply with all applicable technical bulletins, trade, federal, state, and local laws, ordinances, rules and regulations, including, but not limited to laws applicable to the subject matter hereof at the time services are provided to and accepted by the City. Vendor shall comply with all applicable federal, state, and local safety requirements.
E. DEFAULT: In case of default by the Vendor of any of the conditions of this bid or contract resulting from this bid, the Vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the Vendor, or collect against the bond or surety, or may invoice the Vendor for excess costs so paid plus reasonable administrative costs. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made.
F. DELIVERY: Time of delivery of goods or services is of the essence. City reserves the right to refuse any goods or Services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to specifications included herein. Acceptance of any part of the order for goods shall not bind City to accept future shipments nor deprive it of the right to return goods already accepted at the Vendor’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by City. No minimum delivery amount shall be accepted by City.
12 City of Placentia Bid No. CS-25-01 Page 11 of 18
All goods shall be shipped F.O.B. destination designated by the City. Vendor assumes full responsibility for packing, crating, marking, transportation, and liability for loss and/or damage. All transportation charges to be prepaid by Vendor.
G. FORCE MAJEURE: If execution of this contract shall be delayed or suspended, and if such failure arises out of causes beyond the control of and without fault or negligence of the bidder, the bidder shall notify the City in writing within twenty -four (24) hours of such delay.
H. GENERAL GUARANTEE: The Vendor guarantees that a) Vendor owns all rights, title and interest in the products and services and has the legal authority to sell, license or otherwise transfer the right to use to the City; b) the products and services are free from defects in material and workmanship for a minimum period of one (1) year from the date of acceptance by the City, unless otherwise stated as part of the bid; and c) Vendor shall repair or replace all such defective goods F.O.B. destination.
I. INDEMNIFICATION: The Vendor guarantees and agrees to indemnify, defend and hold harmless the City against any or all loss, liability damages, demands, claims or costs alleged by third parties arising out of Vendor’s performance. This includes defective material and products, faulty work performance, negligent or unlawful acts, and noncompliance with any applicable local, state or federal codes, ordinances, orders or statutes including, but not limited to, the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. This guarantee is in addition to and not intended as a limitation on any other warranty, expressed or implied.
J. INDEPENDENT CONTRACTOR: The Agreement between the City and Vendor is not intended and shall not be construed to create the relationship of principal agent, servant, employee, partnership, joint venture, or other association, as between the City and Vendor. The Vendor understands and agrees that all persons furnishing services to the City pursuant to the Contract are, for purposes of worker’s compensation, employees solely of Vendor and not of the City. The Vendor shall bear the sole liability for furnishing worker’s compensation benefits to an y person for injuries arising from or connected with services provided to the City hereunder.
K. INSPECTION: City shall be under no obligation to unpack or inspect the products and/or service. The Vendor shall be responsible for the consequences of negligent manufacture and packing, and for the consequences of negligent handling prior to point where City assumes ownership. The expense of subsequent tests due to failure of goods first offered will be charged against the Vendor.
L. INSURANCE: Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
Commercial General Liability Insurance
Broad-form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, 13 City of Placentia Bid No. CS-25-01 Page 12 of 18
personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
Business Automobile Liability Insurance
Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
Worker’s Compensation Insurance
In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker’s compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Contract, Contractor agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident.
Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant’s sole cost and expense.”
(c) Other insurance: "The Consultant’s insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
14 City of Placentia Bid No. CS-25-01 Page 13 of 18
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
The following requirements apply to the insurance to be provided by Contractor pursuant to this section:
• Contractor shall maintain all insurance required above in full force and effect for the entire term of contract
• Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City
• Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City
• Contractor shall supply City with fully executed additional insured endorsements.
M. PUBLIC AGENCIES: Public agencies, as defined by California Government Code section 6500, may choose to use the terms of this Contract or “piggyback”, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
N. SUBCONTRACTING: No performance of this contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this contract without said consent shall be null and void and shall constitute a default under this contract.
In the event of such a default, the City may immediately terminate this contract. In the event the City consents to assignment or subcontracting, each term and condition of this contract shall be binding on the assigns, successors or administrators of the respective parties.
In the event the City consents to subcontracting, the Contractor shall include in all subcontracts the following provision: “This contract is a subcontract under the terms of a prime contract with the City of Placentia. All provisions of that prime contrac t shall apply to this subcontract.”
The Contractor and all subcontractors must obtain and maintain in effect a valid City of Placentia Business License prior to commencement of work, and during the entire time that work is being performed under the contract. All permits and licenses necessary to the performance of this project shall be secured by the Contractor at the Contractor's own expense. The Contractor shall pay all taxes properly assessed against any equipment or property used or required in connection with the performance of security services.
15 City of Placentia Bid No. CS-25-01 Page 14 of 18
Contractor shall indemnify, defend, and hold harmless the City and its employees and agents from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees.
O. TERMINATION: The City reserves the right to terminate the order or delay delivery or acceptance of any products and/or services ordered resulting from this bid without penalty. Upon receipt of any written notice of termination from City, Contractor shall immediately cease all services hereunder except such as may be specifically approved
P. DIR REGISTRATION: This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.
Q. PREVAILING WAGE: The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.
1. Prevailing Wage Compliance and Monitoring:
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 16 City of Placentia Bid No. CS-25-01 Page 15 of 18
or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
R. RETENTION: In accordance with the Contract, five percent (5%) of any progress payment will be withheld as a retention. Pursuant to Section 22300 of the Public Contract Code, at the request and expense of the Contractor, approved securities equivalent to the amount withheld may be deposited with the AGENCY or with a state or federally chartered bank as the escrow agent, and AGENCY shall then pay such moneys to the Contractor. Refer to the Contract for further clarification.
S. TIME FOR COMPLETION OF WORK AND LIQUIDATED DAMAGES: Contractor shall complete work specified herein within the agreed Schedule of Performance per the Agreement after the commencement date stated in the Notice to Proceed. The City will assess liquidated damages at the rate of $500 per calendar day that the Contractor exceeds the specified date of completion.
17 City of Placentia Bid No. CS-24-04 Page 36 of 18
ATTACHMENT A
BIDDER’S STATEMENT AND COMPANY INFORMATION
(SEE ATTACHMENT)
18 ATTACHMENT B
SAMPLE CONTRACT AGREEMENT
(SEE ATTACHMENT)
19 ATTACHMENT C
SUBCONTRACTOR DESIGNATION FORM
(SEE ATTACHMENT)
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112