contract period.
The actions requested exceed the Purchasing Manager’s authority and require your Board’s approval in accordance with the Procurement Policy.
FISCAL IMPACT
This contract is shared by multiple County departments. Each department budgets for these expenses within their own appropriations and will be included in future year’s requested budgets. Funds are not encumbered until services are requested.
ATTACHMENTS
None
126
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 19 EXHIBIT “B”
COUNTY OF PLACER CONTRACT AWARD (CONTRACT NO. SCN107418) Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37
FORMAL COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT ( Agreement) is made and entered into, effective on S - -, 3 by and between CITY OF FRESNO, a California municipal corporation ( City), and Stommel Inc., dba Lehr Automotive, a Vendor).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. The Charter for the City allows for cooperative purchase agreements for materials, supplies, and equipment. The City may use another government agency' s agreement, as an exception to the competitive bid process. The Parties agree that the Vendor has entered a contract with the County of Placer( Original Government Contract). The solicitation for the Original Government Contract is attached as Exhibit A.
2. Vendor' s Obligation. Vendor shall provide those services and carry out that work described in the Original Government Contract, which is attached hereto as Exhibit B and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
3. City's Obligation. City shall make to the Vendor those payments described in Exhibits A and B, subject to all the terms and condition contained or incorporated herein
4. Notwithstanding the requirements that the Original Government Contract is fully binding on the Parties, the parties have agreed to modify certain nonmaterial provisions of the Original Government Contract as applied to this Agreement between the Vendor and the City, as follows:
a) City' s Insurance and Indemnity provisions attached as Exhibit C. b) Address change for the City: Notwithstanding the address and contract information for the government entity as set out in Exhibit B, the Vendor agrees that notices and invoices will be sent to:
City of Fresno
Attention: Cliff Traugh
2101 G Street, Building F
Fresno, CA 93706
Phone: ( 559) 621- 1150
FAX: ( 559) 240- 5503
E- mail: clifford. traugh@fresno. gov
C) Notwithstanding anything in Exhibits A and B to the contrary, this Agreement shall be governed by, and construed and enforced in accordance with , the laws of the State of California, excluding however, any conflict of laws rule which would apply the law of another jurisdiction.
GSD- B Formal Product CPA- DPW( 12- 2022)
1-
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Venue for purposes of the filing of any action regarding the enforcement or Interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
d) All other provisions in the Original Government Contract Ere fully binding on the parties and will represent the agreement between the City and the Vendor,
5_ The City Manager, or designee, is hereby authorized and directed to execute and Implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement.
Signatures follow on the next page.]
GSDo8 Formal Product CPA- DPW( 12- 2022)
2-
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Procurement Services Division
2964 Richardson Drive - Auburn, CA 95603
PI acar
530) 886- 2122
20000- Emergency Response Vehicle Equipment and Installation Services Opening Date: July 30, 2019 4:45 PM
Closing Date: August 13, 2019 3:00 PM
To ensure a complete and timely response, it is strongly recommended that you submit your bid response via our Online Bidding System.
However, if you have difficult submitting your bid online or prefer to submit your bid manually( hard- copy) for any reason, print and complete this bid package along with any required bid documents, and mail or deliver in a sealed envelope to:
Placer County Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
All bids must be submitted on original documents( no fax bids) prior to the Closing Date and Time specified above and as prescribed in this bid' s General Terms and Conditions. All bids must be signed by an authorized representative of the firm. UNSIGNED OR LATE BIDS WIL BE REJECTED.
Vendors shall complete the area below for hard copy submissions:
COMPANY NAME:
Mailing Address:
City/ State/ Zip:
Contact Person:
Telephone:
Email:
SIGNATURE:
DATE:
Title:
By signature above, bidder hereby agrees to and accepts the terms, conditions and requirements specified in this bid, including the following bid documents and all related addenda( if any).
Vendor Details
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB-BC99- 879D5F90FF37 Company Name: Stommel Inc
Does your company conduct business
under any other name? If yes, please Lehr Auto Electric state:
4707 Northgate Blvd
Address:
Sacramento, CA 95834- 1120
Contact: Steve Adair
Email: steve@lehrauto. com
Phone: 916- 267, 5547
Fax: 916- 646- 6656
HST#: 61- 1499917
Submission Details
Created On: Thursday August D8, 2019 16: 23: 20
Submitted On: Tuesday August 13, 2019 11: 55: 35
Submitted By: Steve Adair
Email: steve@lehrauto. com
Transaction#. bf9e4edd-1317-482f-9d85-05e42711727e
Submitter' s I Address: 207. 242. 136. 194
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment A
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SUPPLEMENTAL TERMS AND CONDITIONS
1. DOCUMENTS
Below are the documents associated with this bid.
Attachment A— Supplemental Terms and Conditions
Attachment B— Scope of Work
Attachment C— Insurance Requirements
Attachment D— Lightbar Configuration ( Patrol Vehicle)
2. OVERVIEW
Placer County is soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriffs Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as- needed basis. The items, quantities, sample jobs, services, and occurrences listed in this bid represent the County' s estimated annual requirements and will be utilized for evaluation purposes only. The County does not guarantee any minimum or maximum quantities that will be purchased or minimum or maximum dollar amounts to be spent throughout the term of the resulting agreement( s). Please note that the County requires NEW PRODUCT ONLY— No refurbished, demo, or restored products will be accepted unless specifically authorized by County staff.
3. PRICING
Responding bidders shall indicate their hourly shop rate for the services described herein as well as provide firm, fixed prices and discounts off list prices for the emergency response vehicle equipment and supplies listed in this bid for the initial contract period of approximately one year from the date this bid is awarded. Pricing offered in the bid line items herein shall be for services provided during the successful firm' s normal business hours. Overtime will not be required. The bidder' s shop labor rate per hour offered herein shall apply to all vehicle and equipment makes, models, and types.
The prices offered by bidders shall be exclusive of sales tax ( applicable sales tax shall be added to the County' s invoices). The discounts offered by bidders for the brands listed in this solicitation shall be calculated and billed in addition to any invoice terms that are offered.
All rates shall be billed in accordance with the bidders offered pricing. The County will not accept or pay any premiums, administrative surcharge costs, or any other surcharges that are not identified in the bidder' s response. Charges imposed by the State of California or Federal Government after the bid has been awarded will be honored.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49-47CB- BC99- 879D5F90FF37 Attachment A
Bid No. 20000
4. AWARD
4. 1. This bid shall be evaluated and awarded by an all- or- none basis. The bid evaluation will consider the total cost to install the Sheriffs Office patrol vehicle equipment into a typical Chevrolet Tahoe 4x2 and 4x4 for items 1. 1 through 1. 25 and a Ford Expedition for the Placer County Fire Department for items 1. 26 through 1. 38 for evaluation purposes. This cost will be determined by multiplying the firm' s shop labor rate by the total estimated time to install the equipment, as determined by the County. The estimated installation time will be 18 hours of labor for evaluation purposes only. Local Vendor Preference ( if applicable), prompt payment discounts, optional pick up/ delivery rates, travel time, travel time rate, turnaround time, and adherence to all conditions and requirements of this bid will also be considered.
Bidders are not required to bid on all categories to be considered for award however Placer County reserves the right to award the bid based on pricing offered for the most categories.
4. 2. An example of a typical Chevrolet Tahoe patrol vehicle installation includes the following equipment ( manufacturer or supplier is shown in parenthesis— no substitutions):
Light Bar System ( Whelen/ Cencom)
Headlight Flasher (Soundoff)
Siren Speaker and Bracket (Whelen)
Maplight ( Little Lite)
Radio Mounting Console ( Lehr)
Cage ( Setina)
Gun Locks— 2 per vehicle ( Santa Cruz)
Push Bumper (Setina)
All emergency equipment, dome light, and spotlight are required to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery.
4. 3. Other public agencies may elect to " piggyback" on the County' s resulting agreement( s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder( s) at the same bid pricing ( refer to this Bid' s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder( s) would be made available to those other agencies.
5. DELIVERY REQUIREMENTS
5. 1. Bidder' s pricing for equipment and supplies shall be FOB Destination, freight prepaid and assumed by the successful bidder, inside delivery to the following address:
Placer County Sheriffs Office
2929 Richardson Drive, Ste. A
Auburn, CA 95603
Placer County Fire Department
13760 Lincoln Way
Auburn, CA 95603
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49-47CB-BC99- 879D5F90FF37 Attachment A
Bid No. 20000
5. 2. The successful bidder shall deliver regular orders within five ( 5) business days of order placement for the complete order ( no partial deliveries will be allowed unless specifically approved by County staff at the time the order is placed). There will also be occasions where the County will need to place an emergency order, which shall be defined as items which are so urgently needed that they must be delivered within forty- eight ( 48) hours of placing the order or items that are not available from the vendor' s normal inventory. In these instances actual freight charges will be allowed with written approval from the County employee placing the order. All freight charges shall be prepaid by the vendor and added to the resulting invoice. Freight collect charges will not be allowed. The vendor shall clearly advise County personnel of such emergency order circumstances for authorization at the time the order is placed with the vendor.
6. 3. If the County' s orders are not delivered within the delivery times specified herein, the County reserves the right to cancel the order and obtain the products from another source. In the event that the County must make such open market purchases, the County reserves the right to exercise the provisions of Section 17 of this bid' s General Terms and Conditions.
Continued non- compliance with the stated delivery times may be cause for cancellation of the resulting agreement.
6. PRICE LISTS
Placer County requests that the successful bidder provide price lists upon award of the resulting agreement for each of the manufacturer discounts offered in the successful bidder' s completed Bid Pricing Worksheet. The County will accept electronic versions of the price lists if hard copies are not available ( e. g. CD' s, flash drives, etc.). These lists will be used to verify the discount pricing on the resulting invoices. All price lists shall be provided free of charge to the County. The County also prefers that the successful bidder( s) state the manufacturer' s list price, the bidder' s offered discount off list price, and the net price for each part purchased on the resulting invoices. The successful bidder shall be responsible for notifying the Placer County Sheriffs Office primary contact as well as the Procurement Services Division of any changes or updates to the bidder' s/ manufacturer' s published catalog/ list prices that occur during the contract period.
7. INSURANCE REQUIREMENTS
The successful bidder shall be required to furnish a certificate of insurance within ten ( 10) calendar days following receipt of a Notice of Award demonstrating proof of coverage in the amounts specified in Attachment C, Insurance Requirements.
8. SUBCONTRACTING
The successful bidder shall not subcontract any portion of the work to be performed under the resulting agreement.
9. EQUIVALENT/ ALTERNATE OFFERS
Due to the standardization of the County' s emergency response vehicle equipment including the County' s inventory of repair/ replacement parts as well as staff training issues, bids will only be accepted for the brand and model emergency response vehicle equipment and supplies specified in the Bid Worksheet.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment A
Bid No. 20000
10. SERVICE STANDARDS
The successful bidder shall provide all necessary personnel, tools, parts, materials, and equipment to perform the services described herein. The successful bidder shall perform all work in such a manner as to meet all accepted standards for safe practices for emergency response vehicle equipment installation services and to safely maintain stored equipment or other hazards consequential or related to the work. The successful bidder agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements at all times including, but not limited to, O. S. H. A. and CAL. O. S. H.A. Safety Orders. The successful bidder must meet all EPA standards as well as all Federal, State, and Local laws, standards, and regulatory and permitting requirements while performing services on behalf of Placer County.
11. WORKMANSHIP
All services shall be performed in accordance with the highest standards prevailing in the trades. All of the successful bidder's employees shall be especially skilled and appropriately trained and certified for the kind of work for which they are employed. Should the successful bidder's Manager and/ or Placer County staff deem anyone employed by the successful bidder incapable of completing the work required, the successful bidder shall immediately dismiss the employee from performing services on behalf ofthe County. Such removal shall not be considered a basis for employee's claim for compensation or damages against the County, or any of its officers or agents.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment B
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SCOPE OF WORK
1. 0 The successful bidder shall be regularly established in the business of routine emergency vehicle lighting and equipment installation services on a variety of patrol vehicles, light trucks, and fire trucks. Responding firms shall have staff experienced in the installation of law enforcement and fire department radios, " Code 3" emergency equipment, prisoner partitions, mounting consoles, trunk racks, cages and gun locks at a minimum.
2. 0 The successful bidder shall be qualified and capable of performing equipment installation services on various types of emergency response vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers, off-highway vehicles, and boats, including Type I and Type II engines.
3. 0 Time is of the essence in returning County vehicles to service. The successful bidder agrees that work performed under the resulting agreement shall receive top priority over other work in the successful bidder' s shop. If the County determines that the workload of the successful bidder is such that timeliness is not possible in a given situation, the County reserves the right to assign the job to another vendor.
4. 0 In the event that the successful bidder is unable to respond or complete the requested services within the bidder' s stated turnaround time, the successful bidder shall notify the County designated contact person immediately prior to commencing work. The County at its sole discretion may elect to utilize the services of another vendor in such instances and will notify the successful bidder if such intention is to be exercised.
5. 0 The successful bidder agrees that the County has the right to view any work performed on a County vehicle at the successful bidder's facility at any time, whether or not services have been completed. The successful bidder agrees that the County has the right to audit any work performed by the successful bidder.
6. 0 The successful bidder warrants the goods furnished to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the successful bidder at no cost and to the satisfaction of the County. Equipment installations shall be guaranteed for as long as the County owns/ possesses the vehicle.
7. 0 The successful bidder agrees that the County has the right to make the final determination as to whether services have been satisfactorily completed. The successful bidder shall include County staff on a walk-through of the vehicle to confirm that all equipment is installed and functioning correctly and testing the equipment prior to the County' s acceptance of the work as being completed. Should any portion of the work to be done which, due to any cause, is not in accordance with the specifications or is not satisfactorily completed, it will be rejected and the successful bidder shall immediately make a satisfactory arrangement with the County before proceeding with other work. The successful bidder shall promptly correct all work rejected by the County as faulty, defective, or failing to conform to the product specifications or scope of Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment B
Bid No. 20000
work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The successful bidder shall bear all costs of correcting such rejected work. This provision applies during the contract term and any resulting renewal periods.
8. 0 The successful bidder shall be held responsible for any breakage or loss of the County' s vehicles or equipment while performing service on the County' s vehicles. The successful bidder shall be responsible for restoring or replacing any equipment, vehicle, etc. so damaged to the satisfaction of the County and at the sole expense of the successful bidder. The successful bidder shall immediately report to the County any damages to the vehicle or equipment resulting from services performed under the resulting agreement.
9. 0 The successful bidder, at the County' s request, shall provide a field representative to meet with County personnel at least once a month to review the department's inventory levels, discuss the department' s emergency lighting and equipment requirements and introduce additional products to address any County needs. The successful bidder shall also have technical staff available to conduct scheduled on- site meetings at the County' s request. The successful bidder shall provide inside sales support capable of providing product specification sheets, quotations, order placement and expediting, via fax and telephone at the County' s request.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49-47CB-BC99-879D5F90FF37 Attachment C
Bid No. 20000
PLACER COUNTY INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
The CONTRACTOR shall save, keep, hold harmless, defend, and indemnify PLACER COUNTY from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the CONTRACTOR, any of the CONTRACTOR' S employees, or any subcontractors.
The CONTRACTOR shall be responsible for any liability imposed by law and for death, injury, or damage to property of any person including, but not limited to, workmen, subcontractors, and the public, resulting from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
If any judgment is rendered against PLACER COUNTY for any injury, death, or damage caused by CONTRACTOR as a result of work performed or completed, pursuant to this agreement, CONTRACTOR shall, at its own expense, satisfy and discharge any judgment.
As used above, the term PLACER COUNTY means PLACER COUNTY, its officers, agents, employees, and volunteers.
2. INSURANCE:
CONTRACTOR shall file with the COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best' s Rating of no less than AVII showing.
3. WORKER' S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:
Worker' s Compensation Insurance shall be provided as required by any applicable law or regulation. Employer' s liability insurance shall be provided in amounts not less than one million dollars ($ I OD. ,000) each accident for bodily injury by accident, one million dollars
1. 00_ 0, 000] policy limit for bodily injury by disease, and one million dollars ($ 1. 000. 000) each employee for bodily injury by disease.
Ifthere is an exposure of injury to PROVIDER' S employees under the U.S. Longshoremen' s and Harbor Worker' s Compensation Act, the Jones Act, or under laws, regulations, or Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment C
Bid No. 20000
statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker' s Compensation policy shall be endorsed with the following specific language:
Cancellation Notice - " This policy shall not be changed without first giving thirty ( 30) days prior written notice and ten ( 10) days prior written notice of cancellation for non- payment of premium to the County of Placer."
Waiver of Subro a
tion - The workers' compensation policy shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
CONTRACTOR shall require all SUBCONTRACTORS to maintain adequate Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with the County upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
1) Products and completed operations;
2) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; and
3) Broad form property damage( including completed operations) Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR' S work under the Contract.
B. One ofthe following forms is required:
1) Comprehensive General Liability;
2) Commercial General Liability( Occurrence); or
3) Commercial General Liability( Claims Made).
C. If CONTRACTOR carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
One million dollars( S1. 0 00. 000) each occurrence
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment C
Bid No. 20000
Two million dollars ($ 2.000,000) aggregate
D. If CONTRACTOR carries a Commercial General Liability( Occurrence) policy:
1) The limits of liability shall not be less than:
One million dollars ($ 1, 000, 000) each occurrence ( combined single limit for bodily injury and property damage)
One million dollars($ 1 000 000) for Products Completed Operations Two million dollars($ 2 000 000) General Aggregate
2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars($ 2 00, . a, 000).
E. Special Claims Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability ( Claims Made) policy without the express prior written consent of COUNTY, which consent, if given, shall be subject to the following conditions:
1) The limits of liability shall not be less than:
One million dollars ($ I, 000, 000) each occurrence ( combined single limit for bodily injury and property damage)
One million dollars ($ 1. 000. 000) aggregate for Products Completed Operations
Two million dollars($ 2 d0. U, 000) General Aggregate
2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to one ( 1) year following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein ifthe policy is a claims- made policy.
Confonni of Covera es - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by the County as noted above. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment C
Bid No. 20000
A. " The County of Placer, its officers, agents, employees, and volunteers are to be covered as an additional insured for all liability arising out ofthe operations by or on behalf ofthe named insured in the performance ofthis Agreement." B. " The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage to the County of Placer with respect to any insurance or self-insurance programs maintained by the County of Placer and no insurance held or owned by the County of Placer shall be called upon to contribute to a loss."
C. " This policy shall not be changed without first giving thirty ( 30) days prior written notice and ten ( 10) days prior written notice of cancellation for non-payment of premium to the County of Placer."
6. AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability insurance covering bodily injury and property damage in an amount no less than one million dollars($ I, 000, 000) combined single limit for each occurrence.
Covered vehicles shall include owned, non- owned, and hired automobiles/ trucks.
7. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against the COUNTY and funding agencies, its officers and employees or any ofthem for payment of any premiums or assessments under any policy issued by a mutual insurance company.
Policy Deductibles - The CONTRACTOR shall be responsible for all deductibles in all of the CONSULTANT' s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $ 25, 000.
CONTRACTOR' s Obligations- CONTRACTOR' s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Verification of Coverage - CONTRACTOR shall furnish the County with original certificates and amendatory endorsements or copies ofthe applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR' s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment C
Bid No. 20000
Material Breach - Failure ofthe CONTRACTOR to maintain the insurance required by this agreement, or to comply with any ofthe requirements of this section, shall constitute a material breach of the entire agreement.
Certificate Holder — Placer County subscribes to a service that monitors insurance certificates for compliance with the above requirements. The Certificate Holder on insurance certificates and related documents should read as follows:
County ofPlacer
c/ o EXIGIS LLC
PO Box 4668 ECM# 35050
New York, NY 10168- 4668
Fax: 888- 355- 3599
Email: certificates- placer@riskworks. com
Upon initial award of a contract to your firm, Exigis will contact you with further instructions for providing insurance certificates which meet the terms of the contract.
Certificates which amend or alter the coverage during the term of the contract, including updated certificates due to policy renewal, should be sent directly to Exigis via fax or email as indicated above.
SOLE PROPRIETER LANGUAGE:
Workers' Compensation
CONTRACTOR represents they have no employees and, therefore, not required to have Workers' Compensation coverage.
CONTRACTOR agrees they have no rights, entitlements or claim against COUNTY for any type of employment benefits or workers' compensation or other programs afforded to COUNTY employees.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Attachment D
Front lightbar only:
Swap red with take down and swap blue with take down
Liberty"" II V11C LFght Bar Order FormMorksheet
Confiouiation
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H. I. TIR R B H. I. TIR R R LED
TO LED LED TD
BLED BLED 9
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4 R LED A LED A LED
LED LED
A LEO A LED BLED @LAC
Lenses
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000 L7L7 0 Red Red Red Blue Blue Blue
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Line Items
OTY I Modell IDesoriallon
1 IW2f3RBR 5V LlbertyN II WC Series
3 IWDLB Add Solo Series Llnear- LED@ Flasher, I Long Blue 1 ITL12 Add Two Long Super- LEDO Takedown Lights
1 IWD$ B Add Solo Series Linear-LED@ Flasher, I Short Blue 1 IWDSR Add Solo Series Linear-LED@ Flasher, 1 Short Red 3 IWDSR Add Solo Series Linear- LED@ Flasher, 1 Long Red 1 IA3 Add Two Super- LEDOAIIeyLights
4 IWDLA Add Solo Series Linear- LED@ Flasher, I Long Yellow 2 ICFB Add Color Filter ICFColor[ Blue]
3 ILFB Add Color Filter ILFColor[ Blue]
1 ISFB Add Color Filter ISFColor[ Blue]
1 ISFR Add Color Filter ISFColor[ Red]
3 ILFR Add Color Filter ILFColor[ Red]
2 ICFR Add Color Filter ICFColor[ Red]
4 ILFA Add Color Filter I LFColor[ Yellow]
2 IINDSC Add Sao Series Linear-LE DO Flas r l e
The above costs[ In US Dollars] fs an estimate only. Refer to the current Whalen Aulomolive Price List for accurate prrc ngl Page: 1
I
JEFFDESK Admin
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652-9F49-47CB- BC99-879D5F90FF37 Terms& Conditions
INVITATION FOR BIDS
ENERAL TERMS AND_ COND1T1OUS
The following provisions are hereby made a part of this Invitation for Bids(" bid") by reference and attachment to the Invitation for Bids document. Any contract award made as the result of this bid shall be governed by these General Terms and Conditions. By submission of a bid, bidder does agree if the bid is accepted within 90 calendar days from the date of opening, to fumish to fumish the product( s) and/ or service( s) pursuant to these conditions. In the event of a contract award pursuant to this bid, performance by the successful bidder of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement.
WARNING: It is the bidder' s responsibility to monitor the County' s website for possible addenda to this bid to inform him/ herself of the most current specifications, terms, and conditions( see also Section 4 below), and to submit his/ her bid in accordance with the original bid requirements and all addenda. All available bids and related addenda can be found at: Failure of bidder to obtain this information shall not relieve him/ her of the requirements contained therein. Additionally, failure of bidder to respond to any addenda, when required, may be cause for rejection of his/ her bid.
1. GENERAL. These provisions are standard for all County contracts. The County may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions to bidders or in the bid. Any bidder accepting a contract award as the result of this bid agrees that the provisions included within this Invitation for Bid shall prevail over any conflicting provision within any standard form contract of the bidder.
2. SUBMISSION OF BIDS. Bids shall be submitted to the Procurement Services Division either online, by using the Placer County FI3id. System, or in hard- copy form( see below for instructions). All bids must be submitted prior to the date and time specified in this solicitation. Bids shall be submitted by an employee who is authorized to commit his/ her firm or organization to the provisions of the bid. Any exceptions to the specifications, terms, or conditions of this solicitation' shall be clearly indicated by bidder.
SUBMISSION OF HARD- COPY BIDS. Bidders who wish to submit bids in hard- copy form in lieu of using the Placer County E.Bid System shall submit their bids to the Procurement Services Division, 2964 Richardson Drive, Auburn, California, 95603, between the hours of 8: 00 am and 5: 00 PM( Pacific), Monday through Friday( excluding County holidays). Hard- copy bids shall be submitted in a sealed envelope which clearly identifies the bid number, commodity, and closing date and time. Bids shall be submitted on the bid forms provided by the County, which may be downloaded from the S/ stein or obtained from Procurement Services. Hard- copy bids must be signed by an authorized employee of the firm. The County shall not be responsible for bids delivered to a person/ location other than that specified herein. Bids shall be in ink or typewritten and all changes and/ or erasures shall be initialed and dated in ink. Any exceptions to the specifications, terms, or conditions of this solicitation shall be clearly indicated by bidder, without obliterating the original text or images contained herein.
WARNING: Late bids or unsigned bids shall not be accepted under any circumstances. Facsimile ortelephone bids shall not be accepted.
3. AMENDMENTS TO THE BID. Any amendment to this bid is valid only if in writing and issued by the Placer County Procurement Services Division.
REQUESTS FOR CLARIFICATION/ INFORMATION. Bidders are instructed to contact the Placer County Buyer/Contact Person( s) specifically identified in this bid for further clarification or information related to the specifications, terms, conditions, or evaluation of this bid. Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non- responsive. Additionally, contacts made with other County staff in an attempt to circumvent or interfere with the County' s standard bidding and evaluation practices may be grounds for disqualification of the bidder. Questions should be submitted using the Question tool on the Bids& Tenders site. Questions submitted within four( 4) County working days of the bid opening date may not be answered.
4. NON- COLLUSION. The bidder certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a bid for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.
5. CONFLICT OF INTEREST. Bidder states that no County officer or employee, nor any business entity in which they have an interest, has an interest in the bid awarded or has been employed or retained to solicit or aid in the procuring of the resulting contract, nor will any such person be employed in the performance of such contract.
6. AWARD. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid. In determining whether a bid is lowest and responsive, and the bidder responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial . ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder' s taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision to make the award. The award analysis will also include consideration for Local Vendor Preference( per Section 18 below) and any prompt pay discounts offered by the bidder( per Section 19 below). The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the bid of a bidder who has previously failed to perform properly. The County may award bids by line item, category, or on an all- or- none basis.
7. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness for an intended use. Any bid submittals taking exception to this requirement may, at the County' s option, be considered non- responsive.
S. SAMPLES. Samples of items, when required, must be fumished free of expense to Placer County and if not destroyed by tests will, upon request, be returned at bidder' s expense. Samples of selected items may be retained for comparison.
9. MANUFACTURER' S NAME AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer' s names, trade names, brand names, information and/ or catalog numbers listed in a specification are intended only to identify the quality level desired. They are not intended to limit competition. The bidder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bids must: 1) Indicate on the bid form the alternate manufacturer' s name and catalog number; 2) Include complete descriptive literature and/ or specifications; 3) Include proof that the proposed equivalent shall meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable. If bidder fails to name a substitute, goods identical to the bid standard must be furnished.
10. INSURANCE AND INDEMNIFICATION. The awarded bidder maybe required to provide proof of liability, automobile, and/ or workers compensation insurance. If required, the minimum coverage requirements will be identified in the bidding documents. All costs of complying with the insurance requirements shall be included in your pricing. The selected firm shall provide complete and valid insurance certificates within ten( 10) days of the County' s written request. Failure to provide the documents within the time stated may result in the rejection of the bid response and/ or cancellation of the resulting contract or purchase order.
Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows: The awarded bidder(" Contractor") hereby agrees to protect, defend, indemnify, and hold Placer County free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by Placer County arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property( including employees or property of the County) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor. Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Contractor or the County or to enlarge in any way the Contractor' s liability but is intended solely to provide for indemnification of Placer County from liability for Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 damages or injuries to third persons or property arising from Contractor' s performance pursuant to the resulting contract or agreement.
11. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/ services described in this bid, deliveries may be suspended as long as needed to remove the cause or repair the damage. An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties. The County reserves the right to acquire from other sources any products/ services during any suspension of delivery.
12. TAXES. Placer County is exempt from Federal Excise Tax; an exemption certificate will be furnished upon request. Placer County is not exempt from California State sales/ use taxes. All applicable State sales/ use taxes will be added to the purchase order. 13, DELIVERY. All prices bid must be FOB Destination, unloaded inside and assembled unless otherwise indicated.
14. FIXED CONTRACT QUANTITIES. Purchase order( s) for full quantities will be issued to successful bidder( s) after notification of award and receipt of all required documents.
15. OPEN- END CONTRACT. No guarantee is expressed or implied as to the total quantity of commodities/ services to be purchased under any open- end contract. Estimated quantities/ bid ratio or discounts from manufacturer' s list price may be used for bid comparison. The County reserves the right to: issue purchase orders as and when required; or issue a contract for individual agencies or multiple County agencies; or any combination of the preceding. No delivery shall be made without a written order by the County, unless otherwise specifically provided for in the contract. If in a subsequent year the vendor offers to supply his goods and service for the same bid price, or in the event the supplier is willing to negotiate to the satisfaction of Placer County any justifiable price increase prior to the succeeding year' s contract renewal and if the service provided by the supplier was to the satisfaction of the County, the County of Placer reserves the right to extend the period of the resulting contract on a year-to- year basis. Alternatively, the bid solicitation may set forth specific renewal terms. Bidder certifies that prices charged to the County for non- listed commodities or no-fixed price items are equal to or less than those charged the bidder' s most favored customer for comparable quantities under similar terms and conditions.
16. TERMINATION OF CONTRACT. In the event of a material breach of the contractual obligations by the Contractor, the County may terminate the contract. At its sole discretion, the County may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at minimum the contractor must provide the county within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. If the contractor fails to cure the breach or if circumstances demand immediate action, the County will issue a notice of immediate termination.
Supplier Contracts may be terminated by the County without cause upon 30 calendar days' written notice.
17. NON- APPROPRIATION. In the event that sufficient funds are not appropriated and budgeted for the payment of goods or services described herein, the agreement shall immediately terminate on the last day of the fiscal period for which appropriations were received or other amounts were available to pay the amounts due under the agreement, without penalty or expense to the County of any kind whatsoever, except that the County will be liable for payment of any unpaid invoices for goods or services which were delivered prior to the end of the last fiscal period for which appropriations were made. 18, RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT. If any item or service furnished by the vendor fails to conform to bid specifications, or to the sample submitted by the vendor with his bid( if any), or if the vendor fails to deliver the items or perform any services required by the contract in the time and manner prescribed, the County may reject the products and/ or services provided. Upon rejection, the vendor must promptly reclaim and remove any rejected items without expense to the County, and shall immediately replace all such rejected items with others conforming to such specifications or samples, and/ or correct the service deficiency. If the vendor fails to do so, the County has the right to purchase in the open market a corresponding quantity of the rejected items, or have another firm provide the required service, and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the County. If the vendor breaches the contract or purchase order, any loss or damage sustained by the County in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies of the County identified above are in addition to any other rights and remedies provided bylaw or under the contract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney' s fees and costs incurred as a result of enforcing the terms of this agreement.
19. LOCAL VENDOR PREFERENCE. A local preference credit of 5. 0% for Placer County businesses will be permitted when evaluating bids for supplies, equipment, materials and services that are not part of a public project. Bidders claiming local vendor preference must submit an Affidavit of Eligibility with their bid, unless an authorized affidavit is already on file with Placer County Procurement. Preference criteria and affidavit forms are available on our website at:
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20. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the County department specified on the resulting purchase order or contract. All invoices must include the purchase order or contract number. Failure to comply will result in delayed payments. The County will make payment on a Net 30- day basis unless a cash discount is allowed for payment within the time period specified by vendor. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the County, or on the date a correct invoice is received in the office specified in the order, whichever is later. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term. For the purposes of bid evaluation, the County will only consider discount periods of ten( 10) days or more. LATE FEES: In accordance with Section 926. 10 of the California Government Code, Placer County may pay interest at not more than the rate of 6% per annum on invoices which are unpaid 61 or more days beyond the" beginning date" or" day zero" as defined above. In cases where this policy may conflict with other terms provided by the supplier, this provision shall prevail.
21. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bids and disputes about bids. Lack of knowledge by any bidder about applicable law is not a defense.
22. ASSIGNMENT. Any contract awarded shall not be assignable by the vendor without the express written approval of the County, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.
23. OTHER AGENCIES. The successful vendor shall agree to extend Placer County contract prices and terms to other governmental agencies. Any contract resulting from this requirement shall be executed by the successful vendor and the other agency. Placer County will not be a party to" other agency" contracts.
24. PROTEST AND APPEAL PROCESS. Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Director of Administrative Services in the manner prescribed by Section 10. 0 of the Placer County Purchasing Policy. The protest shall be submitted in writing to the Director of Administrative Services within seven( 7) County business days after such aggrieved person or company knows or should have known of the facts giving rise thereto.
25. RECYCLED PRODUCT PREFERENCE. A preference of 10% will be given to bids for products meeting the definition of recycled product cited in Public Contract Code Sections 22150- 22154. In order to be granted this preference bidder shall provide statements and/ or documentation as supporting evidence that the product( s) meets the definition.
26. PATENT INFRINGEMENT. Supplier shall indemnify and hold harmless County, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney' s fees, and ail other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.
27. VENDOR FINANCIAL STABILITY. If a vendor is currently involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor must provide the County with that information as part of its bid/ proposal. In accordance with Section 3. 12( g) of the Placer County Purchasing Policy Manual and paragraph 8. e. of this document, the County may use information regarding a bidder' s financial responsibility when making an award determination.
The County reserves the right to take any action available if it discovers a failure to provide such information to the County, including but not limited to, a determination that the vendor should be declared non- responsible and/ or non- responsive, and suspension or debarment of the vendor, in accordance with the processes defined in the Placer County Purchasing Policy Manual.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 By submitting a bid/ proposal in response to this solicitation, the vendor agrees that if, during the term of any contract it has with the County, it becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the vendor under federal bankruptcy law or any state insolvency law, the vendor will immediately provide the County with a written notice to that effect and that it will provide the County any relevant information requested in order for the County to determine whether the vendor has the financial ability to meet its obligations to the County.
End of General Terms and Conditions --
07/ 25/ 2019
r I acknowledge that I have the authority to bind the Company and submit this bid on behalf of the Company. - Steve Adair, Regional Sales Manager The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/ or the Applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/ addenda below form part of the Bid Document Please check the box in the column 1 have reviewed this addendum" below to acknowledge each of the addenda. have reviewed the
below addendum and
Pages File Name attachments( if
9 applicable)
There have not been any addenda issued for this bid.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BCW879D5F90FF37 L.Ai 11Ui1 U " ti,./ l 191t ic, vvvv, 1 ll l IG! it %av1 iu'aC't County of Placer CL
Supplier Contract
Procurement Services division
r
Placer Contract
Number SCN105300
2964 Richardson Drive Referencel 97 l
Auburn, CA 95603 Contract Start Date 1 010 1/ 2 0 22 j
Phone( 530) 886- 2122 Contract End Date 09/ 30/ 2023
Buyer Javier Terrazas j
Phone Number + 1 ( 530) 889. 4252 x4252
Email JTerrazas placer. ca. gov 1
Supplier:
STOMMEL INC
dba LEHR This Supplier Contract shall be governed by the attached terms and conditions. 631 N MARKET BLVD STE N
SACRAMENTO, CA 95834 Please reference the Supplier Contract number above on all invoices and correspondence related to this order.
l Summary:
Emergency Response Vehicle Supplies/ Equipment and Installation Services Vendor Contact: Steve Adair, Ph.# No 916- 267- 5547, Email: steve( a lehrauto. com County Contacts:
Probation Dept, Contact( Orders and Accounting): Chris Artim, Ph. 4530- 889- 7912. Email: cartima la er. v Placer County Sheriff Contact: Matt Burgans, Ph.# 530- 889- 7865 Sheriff Accounting: Lisa Lentz, Ph.# 530- 889- 6919, pttaavab€esi67Eaoer. ca.Mw Placer County Fire: Sarah Poindexter, Ph.# 530- 889- 4037 Placer County Fire Accounting: Glenn Nishimoto, Ph.# 530- 886- 4623, Acc c unLSPa5t3bI Cpia cia. agv Renewal of SCN104242
This is the third of four optional one- year renewal terms that were approved by the Board of Supervisors on September 24, 2019.
Payment Terms trotaJ Contract Amou_nI
JET 30 1275, 000 00
Service Lines
Line Number Description Start Date End Date Amount
1 Emergency response vehicle equipment and supplies as well as 1010112022 09/ 30/ 2023 275, 000. 00 equipment installation services in accordance with the vendor' s agreement to renew SCN 104242- see attached for pricing, terms, and conditions.
Brett Wood, Purchas4ng Manager
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fY' Eh[. t(d- iE?FSGRI t•'_L.` a price for the Product. COMMENTS Caatpodiss$ yaCl! lad Annual Expmdlluf6a
sumftt wht cf! u: crre tor Ha As lrc, products not epsci; lad above. 30 1100. 0000 K- 0 Eled.. Is. earners systenla, touch screens and
I{ eyboerds% 5
2.[ tm n of i sl: price, for other Tray Froducts not specified above. 28 3100, 0000 10ammarid boxes 20% off M9RP cF- ist pr` fo- other SoundOff products nut 5peclned above. 40 1$ 100. 0000 Authorized Olalrlbulor fi_- of&a prra for ocher Fedstal Signal products not 9pocfled above. 35 1$ 10D.0000 Authorized Distributor c`- list oroe for other Selina products not specified above. 25 l$ 100. 0oo0 Lighted Push bumpers, K- 9 Electronic and Blaarac
weapons 5% dlsaount
a 3- s= wA off W Y.vv fix air Cote Hasse producLs not spac' dted above, 152 100. 0000 Aulhaftkd Distributor 2_7 ot.^a al t_t pries for olmr Whelan Erglneedng products not specified 40 100. 000D Whelan Parts( longnumbers) ialmm 1 30% off 2_3 s, A cf` jsL pr•ca kr other Santa Cruz Gunlocks products not spetlled . 33 100. 0000 Autharized Distributor 2 ia= ms cf; cs: Face for other Lagt. na 3F P/ anufactudng products not 11 100. 0000 SAAhorizad DisMhular . l•. r--'--- DEacmd oC is, r:f. e! o- cuavr Rhle 2 oradcca rhos ap9cika4 dha•rE. 35 lrtoD. DDDD lAuthorized 011ddhtdar P Ls nr cF dy1; ece for of ter. yd; a pfadk; v_s rrot sprPLd above. 15 100. 0000 Aulhorfzed Dlstdbulor t2 Zja= qL-,1 cF Est; r-' cd fo' other Gernbe• Johnson produds not specified 30 100.00O5 Authorized Dlsldbulor anv".
2-12 r3:: 1 itst? rce ro.- o1:-ter Cnde 3 products not spedr!ad above. 38 100. 0000 Authorized Distributor j2' 1a• vr: c" G_ t p ea For al!ier Truok VauL products nor soacirred abova, a 100. OD00 Authorized Distributor
1. 293 of ts' Pre" for other G,n Light products not specified above, 121 100. 0000 iAuthorized Distributor LABOR RATE- Category 3
I
JEST. TO
IT= M..NO OFSCRiP-• ld' L W1, t UNIT PRICE' - EXTPRIC' E C0MMEf?7S WSTALl, I
a r>;.e:• cr rn. s as!: oL• ! r,pasol vehhds Pe^ Hots f 505. 00G0: 5 1, a9o. 00 . All Labor bliled at
q'y°rtiM. bst?;19: ia :. ar rxc j5105 gar hour:
12 57] 9 tntan: r-;? oar tec_ s fn. Ara maidie Oa':: btrsnt Far Hots tp S10$. Oh9. r $ 1, 00"n i ICI?_der hHktl et 125 par hoot:
Sub' a1d IS 3, 780. 00
Paytrent Terris- refer to Section 49 of the General Terms and Conditions for the County' s payment pofley nt Atey. payment
withln tint• ft v
comp'. Pay Drxcouns.+ S f-ir lntvolsy6 pall w1thin ( w1wrt s at days) Commenl. orda
NET 30
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49-47CB- BC99- 879D5F90FF37 Bid Questions
Delivery Time: Bidders shall indicate their delivery time after an order Is received) for Items specified In this bid Delivery time 2- 21 days.( in stock items 1- 2 days, Items needed to be ordered up to 3 weeks however we slack ffzny z-fyDIO without installation services in the space provided, Indicate every day items.) your Delivery Time in Days
Turnaround Time: Bidders shall Indicate their normal
turnaround time for a fully Installed emergency vehicle In 3- 5 business days the space provided. Indicate your Tumaround Time In
Days
Note: If Installation service is needed on behalf of Placer County Fire Department, the County intends to delver and pick up the vehicles at the successful firm' s location. As an option, Placer County Fire may require the successful firm S65 per hour based on Map Quest travel time 35 minutes travel time to pick up and/or deliver a vehicle. Bidder shall provide rates for pick up and delivery service to be charged oneway, from vendor' s shop to Placer County Fire facility only."'
Travel Rate: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor' s shop to the Placer County Fire Department address: $ 65 per hour based on Map Quest travel time 35 minutes travel time 13760 Lincoln Way Auburn, CA 95603. Indicate your travel rate
Travel Time: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor' s shop to the Placer County Fire Department address: $ 65 per hour based on Map Quest travel time 35 minutes travel time 13760 Lincoln Way Auburn, CA 95603. Indicate your
Travel Time
Documents
Upload additional information here- optional, unless otherwise denoted as mandatory( with asterisk):
ntnal Dccerrl f- Additional Discounts. xlsx- Tuesday August 13, 201911: 36: 56 Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652-9F49-47CB-BC99-879D5F9OFF37 Additional Emergency Equipment Manufatures Discounts
Manufacture Discount of List Price
Ace K- 9 2%
AEDEC 2%
American Aluminum 25%
Airga in 15%
BackRack 15%
Big Sky 10%
Brooking 20%
CHEETAH 13. 33%
Copeland 15%
D& R 10%
ECCO 40%
GORhino 25%
Hint 15%
I- Key 23%
Intermotive 10%
Jotto Desk 12%
Kussmaul 5%
Lind 2%
Lund 5%
MnStar 10%
INewmar 5%
Panorama 5%
Patrol Power 10%
Pico 35%
Pro- Gard 20%
Ram Mounts 15%
Stico 2%
5treamlight 30%
TigerTough 5%
Tomar 23%
Tuffy 20%
Unity 38%
Xantrex 201YD
Panasonic Toughhooks 12%
Panasonic ICV 12%
Vigilant ALPR 12%
CradlePoint 5%
Sierra Wirless 5%
Ubiquity 2%
Fixed PODS 10%
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 Exhibit C - City' s Insurance and Indemnity
Exhibit C Insurance& Indemnity
INDEMNIFICATION
To the furthest extent allowed by law, CONTRACTOR shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages( whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, CONTRACTOR or any other person, and from any and all claims, demands and actions in law or equity ( including attorney' s fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract.
CONTRACTOR' S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers.
If CONTRACTOR should subcontract all or any portion ofthe work to be performed under this Contract, CONTRACTOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms ofthe preceding paragraph.
This section shall survive termination or expiration of this Contract.
INSURANCE REQUIREMENTS
a) Throughout the life ofthis Agreement, CONTRACTOR shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than " A-VII" in the Best' s Insurance Rating Guide, or( ii) as may be authorized in writing by CITY'S Risk Manager or his/ her designee at any time and in his/her sole discretion.
The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. b) If at any time during the life ofthe Agreement or any extension, CONTRACTOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONTRACTOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONTRACTOR of its responsibilities under this Agreement.
The phrase " fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
c) The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, vendors, suppliers, invitees, contractors, subcontractors, subcontractors, or anyone employed directly or indirectly by any ofthem.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office ( ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for " bodily injury," " property damage" and " personal and advertising injury" with coverage for premises and operations ( including the use of owned and non- owned equipment), products and completed operations, and contractual liability ( including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under" Minimum Limits of Insurance."
2. The most current version of ISO * Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course ofyour business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non- owned automobiles or other licensed vehicles ( Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and Employer' s Liability Insurance.
MINIMUM LIMITS OF INSURANCE
CONTRACTOR shall procure and maintain for the duration of the contract, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, its Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for bodily injury, property damage and personal and advertising injury with coverage for premises and operations, products and completed operations, and contractual liability( including, without limitation, indemnity obligations under this Contract) with limits of liability of not less than $ 1, 000, 000 per occurrence for bodily injury and property damage, $ 1, 000, 000 per occurrence/ aggregate for personal and advertising injury, 2, 000, 000 products and completed operations aggregate and $ 2, 000, 000 general aggregate.
COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office ( ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles Code 1 Any Auto) with limits of liability of not less than $ 1, 000, 000 per accident for bodily injury and property damage.
WORKERS' COMPENSATION insurance as required under the California Labor Code.
EMPLOYERS' LIABILITY insurance with limits of liability of not less than $ 1, 000, 000 each accident, $ 1, 000, 000 disease policy limit and $ 1, 000, 000 disease each employee.
GARAGEKEEPERS LIABILITY insurance with limits not less than one million dollars $ 1, 000, 000 per occurrence.
UMBRELLA OR EXCESS INSURANCE
In the event CONTRACTOR purchases an Umbrella or Excess insurance policy( ies) to meet the Minimum Limits of Insurance," this insurance policy(ies) shall " follow form" and afford no less coverage than the primary insurance policy( ies). In addition, such Umbrella or Excess insurance policy( ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance policy( ies) required herein and CONTRACTOR shall also be responsible for payment of any selfinsured retentions. Any self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY' S Risk Manager or his/ her designee. At the option ofthe CITY' S Risk Manager or his/ her designee, either:
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 i) The insurer shall reduce or eliminate such self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or ii) CONTRACTOR shall provide a financial guarantee, satisfactory to CITY' S Risk Manager or his/ her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ ENDORSEMENTS
i) All policies of in.yurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non- renewed, reduced in coverage or in limits except after thirty( 30) calendar days written notice has been given to CITY, except ten( 10) days for nonpayment of premium. CONTRACTOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, CONTRACTOR shall furnish CITY with a new certificate and applicable endorsements for such policy( ies). In the event any policy is due to expire during the work to be performed for CITY, CONTRACTOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen ( 15) calendar days prior to the expiration date ofthe expiring policy.
ii) The Commercial General, Garagekeepers and Automobile Liability insurance policies shall be written on an occurrence form.
iii) The Commercial General, Garagekeepers and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured. CONTRACTOR shall establish additional insured status for the City and for all ongoing and completed operations under both Commercial General and Garagekeepers Liability policies by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. iv) The Commercial General, Garagekeepers and Automobile Liability insurance shall contain, or be endorsed to contain, that the CONTRACTORS' insurance shall be primary to and require no contribution from the City. The Commercial General and Garagekeepers Liability policies are required to include primary and non contributory coverage in favor of the City for both the ongoing and completed operations coverage. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 volunteers. If CONTRACTOR maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by CONTRACTOR.
v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
vi) For any claims related to this Agreement, CONTRACTOR' S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, agents, employees and volunteers shall be excess of the CONTRACTOR' S insurance and shall not contribute with it. vii) The Workers' Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers.
viii) The Commercial General, Garagekeepers and Automobile Liability insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers.
PROVIDING OF DOCUMENTS - CONTRACTOR shall furnish CITY with all certificate( s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY' S Risk Manager or his/her designee prior to CITY' S execution of the Agreement and before work commences. All non- ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONTRACTOR shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of CONTRACTOR shall also be required to provide all documents noted herein.
SUBCONTRACTORS - - If CONTRACTOR subcontracts any or all of the services to be performed under this Agreement, CONTRACTOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractor( s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement( s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONTRACTOR will be solely responsible for ensuring Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 that it' s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DocuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO, Stommel Inc., dba Lehr Automotive,
a Calfqg ocu i,,fldynicipal Yz corporation
t.. issa. Pt,lr'abus 2/ 27/ 2023
By. - _
a" . ..
v
a
Meicssa sera es By:.\ .
Purchasing Manager
General Services Department Name;
APPROVED AS TO FORM: Title:
ANDREW JANZ If corporation or LLC,, Board Chair,
City Aorney
Pres, or Vice Pres.)
Do Sign dby:
J
B
i 2/ 3/ 2023 By: _
r'
yu
Date r ll
Stipv.iSr. Deputy City Attorney
Name:
ATTEST:
Title:- 1) 01 {
TODD STERIVIER, CMC
if corporation or LLC., FO, Treasurer,
Secretary or Assistant Secretaryy
City Clerk
VENDOR:
By,_ 2 —0 Stommel Inc,, dba Lehr Automotive
v p/ t v i SrL Attention: Steve Adair
631 North Market Blvd Suite N
Sacramento, CA 95834
Phone: ( 916) 646- 6626
FAX: ( 916) 646-6666
E- mail: stave@lehrauto. com
Attachments:
Exhibit A- Original Solicitation
Exhibit B - Original Government Contract
Exhibit C- City's Insurance and Indemnity
r--35- B Fanpas Pradua CPA- DPW( 12- 20221
3-
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 DacuSign Envelope ID: 60CC9652- 9F49- 47CB- BC99- 879D5F90FF37 txnlblt A - unglnal Solicitation
631 North Market Street Suite N Sacramento Ca 95834
Labor Price Increase Notice
Due to wage pressure for technicians our labor rate has increased to 105 per hour Effective:
July 1, 2021
July 1, 2021
To Our Valued Customers,
Due to the State of California increasing wage pressure and industry changes our new Labor Rate will need to increase from $ 95. 00 per hour to $ 105. 00 per hour.
We understand that this is almost a 10% increase from the previous year. ,Lehr provides specialized labor for the fabricatioln'- of first responder vehicles.
Historically we have only taken two labor increases in;15 years: Wages-have, 6 increased annually to allow Lehr to continue to employ certified and qualified technicians. To ensure that Lehr provides the best emergency equipment installations in the industry this increase was implemented.
If you have any questions regarding the labor increase, please reach out to:
Steve Adair
Lehr
Regional Sales Manager
631 North Market St. Suite N
Ce11 916, 267.`1.; 1 47
Fax: 916. 6elF,, GGS6
L-Ve a+l,• IrraII10- co; 11
Docusign Envelope ID: 01B9EC5C-CCD6-42E9-AA60-4D6A617E5EB1 ITEM # 14
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Director of Finance
SUBJECT: AUTHORIZE BID AWARDS FOR WATER DISTRIBUTION SYSTEM
ITEMS AND SUPPLIES
DATE: April 1, 2025
RECOMMENDATIONS
It is recommended that the City Council:
1) Authorize awarding an annual blanket purchase order to Aqua-Metric Sales Company (Aqua-Metric) in the not-to-exceed amount of $75,000 per fiscal year through June 30, 2028; and
2) Authorize awarding an annual blanket purchase order to Core & Main LP (Core & Main) in the not-to-exceed amount of $75,000 per fiscal year thru June 30, 2028; and
3) Authorize awarding an annual blanket purchase order to Ferguson US Holding, Inc. (Ferguson) in the not-to-exceed amount of $75,000 per fiscal year through June 30, 2028; and
4) Authorize awarding an annual blanket purchase order to S&J Supply Co, Inc. (S&J) in the not-to-exceed amount of $75,000 per fiscal year through June 30, 2028; and 5) Authorize awarding an annual blanket purchase order to Western Water Works Supply Company (Western) in the not-to-exceed amount of $75,000 per fiscal year through June 30, 2028; and
6) Authorize awarding an annual blanket purchase order to Yardley-Orgill (YardleyOrgill) in the not-to-exceed amount of $75,000 per fiscal year through June 30, 2028; and
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
Authorize Issuing Purchase Orders for Water Distribution System Items
7) Authorize the City Manager to take any further necessary actions regarding this matter.
FISCAL IMPACT
Related expenditure funds will be primarily budgeted annually within the allocation for the Water Fund in Water Purchases (50104499), Distribution System Maintenance (50443001), and Production Facilities Maintenance (50443002). Purchase orders will be issued as needed, and funds will not be encumbered until a specific need arises. This will remain in effect through June 30, 2028.
BACKGROUND
The Department of Public Works—Maintenance Division is responsible for managing and maintaining the City's water distribution system. Maintenance includes routine inspections, repairs, and replacements. In addition, they provide on-call, after-hours maintenance services during emergencies. The overall goal is to ensure the infrastructure operates efficiently and effectively to reduce operating costs. For this reason, it is imperative to have negotiated contracts with suppliers that can provide the items when needed.
DISCUSSION
A competitive bid was released to ensure that the City has access to the items required to maintain the City's water distribution infrastructure. In January 2025, the City issued the bid (RFQ No. 25-5) for Water Distribution System Equipment and Supplies. The bid was posted via PlanetBids on January 21, 2025. In addition to posting on the City's PlanetBids site, the notice was advertised in local newspapers and other electronic sources.
Prospective bidders were provided with details regarding a comprehensive list of items.
The list identified approximately 75 commonly used items, including meters, hydrants, repair clamps, couplings, and miscellaneous hardware. The bid closed on Tuesday, February 25, 2025, with six (6) bidders. The following is a list of the bidders that responded:
Aqua-Metric (Riverside, CA)
Core & Main (Santa Ana, CA)
Ferguson (Redondo Beach, CA)
S&J (Santa Fe Springs, CA)
Western Water (Chino Hills, CA)
Yardley-Orgill (Stanton, CA)
The bidders provided competitive pricing for most items; however, because of the diverse list, none could provide pricing for all of the items. For this reason, the City recommends CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
Authorize Issuing Purchase Orders for Water Distribution System Items
awarding each contractor a not-to-exceed contract for specific items. Doing so will ensure that staff has access to all items necessary to perform maintenance and repair services.
Upon awarding the agreement, the City's Procurement Division will work directly with the contractors to ensure timely inventory delivery as needed.
SUMMARY/NEXT STEPS
Staff recommends awarding multi-year purchase orders for Aqua-Metric, Core & Main, Ferguson, S&J, Western Water, and Yardley-Orgill water distribution system equipment, hardware, and supplies. These contractors were the lowest responsive bidders in response to a bid issued by the City. If approved, staff will authorize an annual blanket purchase order to each vendor for the designated not-to-exceed amount.
ATTACHMENTS
A. RFQ 25 – 5 Water Distribution System Equipment and Supplies B. Bid Summary
C. Bid Results
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
REQUEST FOR QUOTES
RFQ 25-5
Water Distribution System
Equipment and Supplies
Issue Date: Tuesday, January 21, 2025
Questions Due Date: Thursday, February 6, 2025, at 2 pm Pacific Proposal Due Date: Thursday, February 20, 2025, at 2 pm Pacific
2 (THIS PAGE INTENTIONALLY LEFT BLANK)
3 TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................................... 4 II. ABOUT THE CITY OF SANTA FE SPRINGS....................................................................... 4 III. SCHEDULE/TIMELINE.......................................................................................................... 4 IV. SCOPE OF WORK/SPECIFICATIONS................................................................................. 5 V. QUALIFICATIONS/REQUIREMENTS................................................................................... 6 VI. INSTRUCTIONS TO BIDDERS............................................................................................. 6 VII. PROCESS FOR SUBMITTING BIDS.................................................................................... 7 VIII. INQUIRIES/QUESTIONS....................................................................................................... 7 IX. SUBMISSION CRITERIA....................................................................................................... 7 X. PREVAILING WAGES (IF APPLICABLE)............................................................................. 7 XI. WAGE RATES FOR STATE-FUNDED PROJECTS/CONTRACTS (IF APPLICABLE) ...... 8 XII. STANDARD TERMS AND CONDITIONS............................................................................. 8 4 I. Introduction
The City of Santa Fe Springs ("City") is soliciting competitive bids from qualified contractors capable of providing equipment, hardware, and supplies necessary to maintain and repair the City's water distribution system following the specifications and terms and conditions identified in this Request for Quotes (RFQ).
The City hopes to establish a minimum two (2) year purchase order/agreement with possible extension options through this solicitation process. The City may select multiple contractors to ensure the availability and timely delivery of items when needed.
II. About the City of Santa Fe Springs
Santa Fe Springs is located in the southeast segment of the County of Los Angeles.
Though incorporated in May 1957, the City's history dates back to 1871 when Dr. James E. Fulton came to the area and discovered a sulfur spring that was later developed into a health spa. Today, the City has approximately 18,800 residents and over 3,000 businesses.
The City provides a full range of municipal services, including police and fire, street maintenance, water utilities, recreational services, public library, and cultural events.
Additionally, the City is responsible for two (2) other legally separate entities, which include the Successor Agency to the Redevelopment Agency and the Housing Successor Agency to the Housing Authority. The City's vision statement affirms, "The City of Santa Fe Springs is a great place to live, work, and play." The mission statement is, "The City of Santa Fe Springs is committed to enhancing the quality of life of its residents and businesses by providing a safe environment, a thriving business community, quality family, youth, and senior services, and sound financial management of the community's resources."
The guiding values are as follows:
Personal integrity, honesty, and ethics
Public service
Compassion
Responsibility, accessibility, and accountability
Dedication
III. Schedule/Timeline
Release Solicitation Tuesday, January 21, 2025
Online Q&A Deadline Thursday, February 6, 2025, 2 pm Pacific Deadline to Submit Responses Thursday, February 20, 2025, at 2 pm Pacific City Review of Submissions Late February 2025
Interviews TBD (If Necessary)
Notifications to Bidders Early/Mid-March 2025
Award Mid-March 2025
5 IV. Scope of Work/Specifications
The City’s Department of Public Works—Maintenance Division is responsible for maintaining and repairing the City’s water distribution system. For this reason, the City must retain purchase orders/agreements for related items. The bidder(s) selected through this process are expected to furnish and deliver all necessary equipment, hardware, supplies, and related items as the City needs.
For a list of the items required, please visit the City's PlanetBids Portal and click the "Line Items" tab.
The Line Item list is limited to the City's commonly used items. The City may require related items that are not included on this list. Additional information regarding the specifications for some items can be found in the attachments under the "Documents" tab.
Please note that the City makes no commitment to any specific quantities during the agreement's term; actual quantities may vary depending on local needs. Quantities shown in the Line Items (PlanetBids) are annual estimates to evaluate bid results.
Delivery
All items must be packaged safely for transport to ensure a damage-free arrival. Items delivered damaged or with apparent defects will not be accepted or returned.
Unless otherwise requested, all items will be delivered to:
City of Santa Fe Springs
Municipal Services Yard
12636 Emmens Way
Santa Fe Springs, CA 90670
Deliveries must occur during normal City Warehouse operating hours, Monday through Thursday, 5:30 am–3:30 pm, excluding City–observed holidays. Upon delivery, the City will have a representative on hand to inspect the items.
Warranty
All items must carry a manufacturer's warranty, which begins when the City installs the item. The contractor is required to handle all warranty-related issues.
Price Changes/Adjustments
Any price changes after the initial twelve (12) month period must be negotiated with the City, but they shall not exceed the most recent available Los Angeles—Long Beach— Anaheim, CA Consumer Price Index (CPI) for all urban consumers. If prices increase beyond the CPI, the bidder must provide verifiable evidence from the product 6 manufacturer to support a requested increase. It will be at the sole discretion of the City to accept or reject such an increase.
V. Qualifications/Requirements
When applicable, equipment/parts must meet the following standards:
o California State Water Resources Control Board – Drinking Water Program (SWRCB-DDW)
o AWWA Specifications and Standards
o NSF/ANSI 61 Standards
o APWA & ASME Specifications and Standards
o OSHA Safety and Health Standards
o California Code and Health and Safety Code
The City primarily uses equipment/parts manufactured by:
o Ford Meter Box
o Metron-Farnier
o Mueller Water Products
o Sensus/Xylem Brand
The ideal contractor will be authorized to sell equipment/parts from these manufacturers.
Contractors located in the City of Santa Fe Springs are preferred, but contractors outside the City are still highly encouraged to participate.
VI. Instructions to Bidders
Interested bidders should submit a complete bid for the items/services they can provide to the City. When preparing your submittal, please reference the list below to ensure all items have been included. All submissions must consist of the following:
A. Cover/Introductory Letter that includes the following:
Business name
Address
Contact Person Name/Title
E-mail Address and Phone Number
Statement of Capabilities (description of your firm’s ability to provide the items/services described in the scope of work/services, and describe any relevant experience)
B. Cost Proposal (Please use the Line-Item Tab in PlanetBids to submit your pricing for the requested items. Supplemental attachments that provide additional information are acceptable)
C. References (See Attachment A)
D. Non-Collusion Affidavit (See Attachment B)
7 VII. Process for Submitting Bids
All bids must be submitted electronically via PlanetBids. Submissions must be received by Thursday, February 20, 2025, at 2 pm Pacific. Submissions will not be accepted after this deadline. Faxed, mailed, or e-mailed submissions will not be accepted.
To access the City’s PlanetBids website, please visit:
https://vendors.planetbids.com/portal/65093/portal-home Prospective bidders must register with PlanetBids before being able to view or submit a response.
VIII. Inquiries/Questions
Inquiries/questions regarding this solicitation must be submitted via PlanetBids by Thursday, February 6, 2025, at 2 pm Pacific.
IX. Submission Criteria
The City may contact and evaluate the bidder's references; contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of submission; and seek and review any other information deemed pertinent to the evaluation process.
After submissions have been reviewed, discussions with prospective firms may or may not be required. An electronic notice may be sent to the bidders selected. The award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing bidders unless an agreement is reached. If contract negotiations cannot be concluded successfully and expeditiously, the City may negotiate with another bidder or withdraw the solicitation.
X. Prevailing Wages (If Applicable)
Legislation by the State of California imposes prevailing wage requirements on the work to be performed by the vendor/contractor during the term of this agreement.
Department of Industrial Relations (DIR) Registration Requirements:
No vendor/contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.l(a)].
No vendor/contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5.
8 This vendor/contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Vendor/Contractor acknowledges and agrees that it is responsible for compliance with all state law requirements governing employment and payment of apprentices, as outlined in Labor Code section 1777.5, and elsewhere, which this reference fully incorporates herein.
XI. Wage Rates for State-funded Projects/Contracts (if
Applicable)
Bid specifications require the vendor/contractor and any subcontractors to pay prevailing wage ("Prevailing Wage Rates") to persons they employ for work under this contract.
Following the provisions of Section 1773 of the Labor Code of the State of California, the City has ascertained the general prevailing wage scales applicable to the work to be done.
The prevailing wage scales are those determined by the Director of Industrial Relations, State of California.
The State prevailing wage rates determination is available directly from the State of California Director of Industrial Relations's home page, www.dir.ca.gov/dlsr/.
XII. Standard Terms and Conditions
A. Specifications and Qualifications: Bidders shall carefully review all specifications, drawings, scopes of work, and any other bid requirements, including but not limited to insurance, bonding, licensing, references, affidavits, certifications, etc., that may be called for in the bid documents, to ensure qualifications and submission of a responsive bid or proposal. All requirements specified in the bid documents will be made a part of any contract with the successful bidder.
B. Questions: Any questions concerning this bid request are to be directed in writing to the City's Procurement Manager or the person named in the bid documents electronically by the date indicated in the bid. If no specific date is indicated, questions are due no later than seven (7) calendar days before the scheduled bid submittal date. Attempts to obtain information from other City employees or representatives during the bid cycle may disqualify a bidder. Answers to such inquiries and any revision, deletion, or addition to the bid will be posted on the City's PlanetBids website. Bidders should check the website for any addendums prior to submitting their bid.
C. Price Errors/Discrepancies: In the event of discrepancies between totals, unit price extensions, and summaries of totals, the unit price correctly extended will control.
9 D. Single or Multiple Awards: If more than one item appears on the bid proposal form and no statement to the contrary is set forth therein, the City reserves the right to:
1. Make multiple awards based upon prices submitted; or
2. Make one award based upon the total price of all items.
E. Open Competition: The City encourages all qualified business firms to submit proposals. The Department of Finance will assist by providing detailed instructions, procurement policies, and other relevant information upon request to any potential bidder seeking assistance.
F. Federally Funded Purchases: For projects designated as federally funded, the successful bidder will be required to certify prior to award that it has a written affirmative action program and complies with all federal, state, and local laws and regulations pertaining to affirmative action and non-discrimination.
Vendor/contractor must also certify that they have not been disbarred and comply with any additional Federal regulations that may be indicated within the specific bid documents. When this provision is applicable to the bid, this certification shall be made on the bid form that will be provided with the bid documents.
G. New Materials: Unless a bid specification calls for used, refurbished or recycled materials, all items or materials bid and supplied to the City are to be new, unused products.
H. Alternates/Substitutions: When bidding an item believed to be equal to that specified where equals are called for, sufficient supporting data to enable the City to determine whether the proposed item is equal must accompany your bid.
Vendors/Contractors should refer to the specification pages to determine if alternate products or specifications will be considered, and to determine any prequalification requirements that may be applicable.
I. Exceptions: Exceptions to the City's specifications, terms, or conditions taken at the time of or after bid submittal may render the bid non-responsive and result in disqualification. Vendors/Contractors wishing to request such exceptions are requested to notify the City of such a request prior to the bid due date to allow for consideration and notification of acceptance or rejection of such request.
J. Lowest Responsive, Responsible Bidder: It is understood that, except as may be otherwise expressly provided in the bid documents, the award will be made to the lowest responsive, responsible bidder where the bids are for identical items or supplies, subject to the right to reject any and all bids. When bids call for articles or supplies that are similar but of different brands or make, the City may accept the bid of the bidder who submits the article or supply which, in the City's judgment, is deemed best for the City, although it may not be the lowest bid. 10 K. Sales Tax/Taxes: The City’s sales tax rate is 10.5%. When submitting their response, bidders should submit their bid prices without including sales taxes. The City is exempt from Federal Excise tax.
L. Informality or Irregularity: The City reserves the right to waive any informality or irregularity in a bid when it is in the City's advantage and best interest to do so. It is further understood that if the bidder to whom any award is made fails to enter into an agreement in a timely manner, the award may be made to the next lowest responsible bidder, who shall be bound to perform as if he had received the award in the first instance.
M. Discounts/Rebates: All discounts or proposed rebates must be incorporated as reductions in the bid prices and not shown separately. The price shown in the unit price and its extension shall be used in determining the award.
N. Payment Terms: The City's standard payment terms are net 30 days. Payment will be made within thirty days of acceptance of goods or services and receipt of invoice, whichever occurs last. Discount payment terms may be offered; however, they will not be considered in determining lowest responsive bid award.
O. Non-Collusion: By submitting a bid, bidder certifies they have not divulged, discussed or compared their bid with other bidders, nor colluded with any other bidder or parties to the request for bid.
P. Applicable Laws: All applicable laws and regulations of the State of California, County of Los Angeles, and City of Santa Fe Springs will apply to any resulting agreement, contract, or purchase order. Bidders are responsible to comply with all Federal, State and local rules, regulations and requirements applicable to their provision of the items and/or services to the City.
Q. Patents, Royalties, and License Fees: Should any articles being bid be protected by patent, copyright, royalties, and/or license fees, the successful bidder shall include any such royalties or license fees in their bid price and defend all suits or claims for infringement of any patent right against the City. Successful bidder shall hold the City of Santa Fe Springs harmless from any loss on account thereof and cost and attorney’s fees incurred, therefore.
R. Quality Guaranty: All items furnished shall be new, of good workmanship, in full accordance with the specifications, and free of defects. Items will be subject to inspection by the City. If any product or service delivered shows evidence of shipping damage or defects, does not meet applicable specifications, or does not perform to the standards the vendor/contractor represents, the City shall reject same. The vendor/contractor will refund the money that has been paid and bear all costs of removal and return of the products. Unless otherwise specified, all products provided shall have a warranty of at least twelve (12) months on workmanship, parts, and labor.
11 S. Hold Harmless and Indemnification: The successful bidder shall agree to indemnify, defend and hold harmless the City (including its employees, officials, and representatives) from and against any and all claims of any kind or nature presented against the City arising out of vendor's/contractor’s (including employees, representatives, products and subcontractors) performance under any purchase order or agreement resulting from this bid, excepting only such claims, costs or liability which may arise out of the sole negligence of the City.
T. Bonding and Insurance Requirements: Some purchases may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is needed, bonds shall be submitted in a form acceptable to the City. When work will be performed on City property, the City's standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.
Commercial General Liability $2,000,000
Business Automobile Liability $1,000,000
Professional Liability or Errors and Omissions $2,000,000 Workers' Compensation and Employer's Liability $1,000,000 Cyber Liability Insurance $1,000,000
Tech. Professional Liability Errors & Omissions $2,000,000 City of Santa Fe Springs to be named as an Additional Insured. In addition, coverage shall be primary non-contributory. All policies shall provide for a minimum of thirty (30) days written notice of any change or cancellation. Insurance policies to be in a form and written through companies acceptable to the City.
Vendors/contractors may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed case-by-case, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
U. Addenda: Any changes, deletions, or additions to this bid solicitation will be made by addendum numbered sequentially and posted via PlanetBids.
V. Right to Reject: The City of Santa Fe Springs reserves the right to accept or reject any/all bids.
W. Extension to Other Public Agencies: The awarded bidder(s), at their discretion, may offer the prices, terms, and conditions of this bid to other public agencies with the mutual agreement of both the entity and bidder. All requirements of the specifications, purchase orders, invoices, and payments with other agencies would 12 be directly with the awarded bidder. The City will not be held responsible for any dispute that arise as a result of such an agreement.
Please review:
Attachment A – References
Attachment B – Non-Collusion Affidavit
11710 Telegraph Road s CA s 90670-3679 s (562) 868-0511 s Fax (562) 868-7112 s www.santafesprings.org ”A great place to live, work, and play“
RFQ 25 – 5
Water Distribution System Equipment and Supplies
ATTACHMENT A – References
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
Entity Name
Entity Address
Name of Contact
Telephone Number of Contact
Email of Contact
Project Title
Date of Project
11710 Telegraph Road s CA s 90670-3679 s (562) 868-0511 s Fax (562) 868-7112 s www.santafesprings.org ”A great place to live, work, and play“
RFQ 25 – 5 Water Distribution System Equipment and Supplies ATTACHMENT B – Non-Collusion Affidavit
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
NON-COLLUSION AFFIDAVIT
PLEASE SUBMIT THIS NONCOLLUSION DECLARATION WITH YOUR BID DOCUMENTS/PROPOSAL The undersigned declares:
I, ________________________________________________________ [your name], am a representative of __________________________________ [entity bidding], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], a ________________________[city], ______________________[state].
Bidder's Name (Printed):___________________________________________________________ Bidder’s Entity Name:_____________________________________________________________ Bidder's Signature:_______________________________________________________________ Bidder's Title:___________________________________________________________________ Notice Inviting Bids
City of Santa Fe Springs
Request for Quotes No. 25-5
Water Distribution System Equipment and Supplies
The City of Santa Fe Springs invites bids from qualified vendor(s) to provide water distribution system equipment, hardware, supplies, and other related items in accordance to the terms and conditions of Request for Quotes (RFQ) No. 25-5.
To view the complete proposal package and associated documents, visit https://pbsystem.planetbids.com/portal/65093/portal-home and click “Bid Opportunities” or https://vendors.planetbids.com/portal/65093/bo/bo-detail/124629 to access the project directly. You can also visit the City's website and find the link above on the "Bids & Proposals" webpage.
Questions/inquiries regarding this opportunity must be submitted via the PlanetBids Portal by Thursday, February 6, 2025, at 2:00 pm. Pacific. The City will not respond to any questions/inquiries submitted after this deadline.
Please review all related documents in their entirety before submitting a response.
Responses must be submitted electronically via the City’s PlanetBids Portal by Thursday, February 20, at 2:00 pm Pacific. Any proposals received after this deadline will be deemed non-responsive, and the City reserves the right to reject them.
Responses to this request will be evaluated to determine the most qualified and responsive vendors. Responses must adhere to the format and content described in the RFQ. Responses will not be evaluated unless all parts requested are submitted in a complete package.
City of Santa Fe Springs
Bid Results for Project Water Distribution System Equipment and Supplies (RFQ 25-5) Issued on 01/21/2025
Bid Due on February 25, 2025 2:00 PM (PDT)
Line Totals (Unit Price * Quantity)
Item Num Section Description Unit of Measure Quantity Aqua-Metric Yardy-Orgill S&J Ferguson Core & Main Western Water Works 1 Water Meters Sensus 3/4" SRII Water Meter CCF(Short)-Domestic /Unit 5 $952.30 no bid no bid no bid $1,700.00 no bid 2 Water Meters Sensus 1" SRII Water Meter CCF-Domestic /Unit 5 $1,225.00 no bid no bid no bid $2,150.00 no bid 3 Water Meters Sensus 1 1/2" OMNI R2 Water Meter CCF-Domestic /Unit 5 $3,100.00 no bid no bid no bid $5,650.00 no bid 4 Water Meters Sensus 1 1/2" OMNI R2 Water Meter CCF-Reclaimed /Unit 5 $3,225.00 no bid no bid no bid $5,825.00 no bid 5 Water Meters Sensus 2" OMNI R2 Water Meter CCF-Domestic /Unit 5 $4,340.00 no bid no bid no bid $7,875.00 no bid 6 Water Meters Metron Farnier Spectrum Jet 30D "Smart Water Meter" /Unit 5 no bid no bid no bid no bid $2,675.00 no bid 7 Water Meters Metron Farnier Spectrum Jet 30DB "Smart Water Meter" /Unit 5 no bid no bid no bid no bid $2,350.00 no bid 8 Water Meters Metron Farnier Spectrum Jet 50DLC "Smart Water Meter" /Unit 5 no bid no bid no bid no bid $3,300.00 no bid 9 Water Meters Metron Farnier Spectrum Jet 88DL "Smart Water Meter" /Unit 5 no bid no bid no bid no bid $5,925.00 no bid 10 Water Meters Metron Farnier Spectrum Jet 175D "Smart Water Meter" /Unit 5 no bid no bid no bid no bid $11,225.00 no bid 11 Water Meters Metron Farnier Spectrum Jet 500D 3-Inch "Smart Water Meter" /Unit 5 no bid no bid no bid no bid $18,725.00 no bid 12 Water Meters Metron Farnier Spectrum Jet 1000D 4-Inch "Smart Water Meter" /Unit 5 no bid no bid no bid no bid $25,600.00 no bid 13 Water Meter Boxes Water Meter Box - 10" x 20" /Unit 25 no bid $2,318.75 $3,675.00 $3,662.25 $2,038.50 $3,462.50 14 Water Meter Boxes Water Meter Box - 12" x 22" /Unit 25 no bid $2,920.75 $4,175.00 $4,641.50 $1,731.75 $4,385.00 15 Water Meter Boxes Water Meter Box - 17" x 28" /Unit 25 no bid $3,453.25 $5,775.00 $5,774.75 $2,567.75 $5,455.00 16 Water Meter Boxes Water Meter Box - 17" x 30" /Unit 25 no bid $3,917.75 $6,325.00 $6,775.00 $3,444.25 $6,400.00 17 Valves 4" Resilient Wedge Gate Valve All Flange /Unit 5 no bid $3,752.95 $3,480.00 $3,596.00 $3,505.50 $2,905.00 18 Valves 6" Resilient Wedge Gate Valve All Flange /Unit 5 no bid $5,014.70 $4,652.05 $4,807.10 $4,686.10 $3,880.00 19 Valves 8" Resilient Wedge Gate Valve All Flange /Unit 5 no bid $7,839.10 $7,265.00 $7,512.00 $7,322.95 $6,060.00 20 Valves 3' Stem Extension Carbon Steel /Unit 10 no bid $1,650.00 $2,553.80 $435.10 $1,824.20 $1,937.00 21 Valves 18" x 30" Air Value Enclosure (Color - Sandstone) /Unit 5 no bid $187.50 $3,000.00 $2,508.35 $2,362.65 $2,508.50 22 Valves 24" x 36" Air Value Enclosure (Color - Sandstone) /Unit 5 no bid $212.50 $3,500.00 $2,987.20 $2,824.20 $2,987.50 23 Hydrant/Hydrant Related Items JONES J4060 FIRE HYDRANT - 6 Hole - 4" X 2-1/2" X 2-1/2" W/ 1-1/8" PENT NUT & CAP SAFETY - YELLOW /Unit 10 no bid no bid $33,661.60 $35,072.90 $35,810.30 $34,340.00 24 Hydrant/Hydrant Related Items JONES J4060HP FIRE HYDRANT - 6 Hole - 4" X 2-1/2" X 2-1/2" W/ 1-1/8" PENT NUT & CAP SAFETY - YELLOW /Unit 5 no bid no bid $16,830.80 $17,536.45 $17,905.15 $17,170.00 25 Hydrant/Hydrant Related Items Jones Break Off Check Valves /Unit 10 no bid no bid $24,901.60 $24,861.70 $25,663.70 $25,120.00 26 Hydrant/Hydrant Related Items Jones Hose Cap w/ Chain - Size 2 1/2" /Unit 20 no bid no bid $860.00 $883.80 $728.40 $372.00 27 Hydrant/Hydrant Related Items Jones Hose Cap w/ Chain - Size 4" /Unit 20 no bid no bid $1,960.00 $2,105.80 $1,811.40 $372.00 28 Hydrant/Hydrant Related Items Hydrant Bury 6" x 36" 6 Holes w/ PJ Shoe /Unit 5 no bid $2,217.65 $2,230.00 $2,052.75 $2,052.80 $2,098.50 29 Hydrant/Hydrant Related Items Hydrant Bury 6" x 48" 6 Holes w/ PJ Shoe /Unit 5 no bid $2,238.55 $2,425.00 $2,131.65 $2,131.65 $2,179.00 30 Hydrant/Hydrant Related Items Hydrant Bury 6" x 60 "6 Holes w/ PJ Shoe /Unit 5 no bid $3,525.00 $3,500.00 $3,265.90 $3,265.95 $3,339.00 31 Repair Clamps 4" Wide Range Coupling /Unit 10 no bid $2,334.00 no bid $1,769.20 $4,919.00 $1,779.00 32 Repair Clamps 6" Wide Range Coupling /Unit 10 no bid $2,991.70 no bid $1,750.30 $4,803.20 $1,760.00 33 Repair Clamps 8" Wide Range Coupling /Unit 10 no bid $3,367.60 no bid $2,157.00 $5,996.70 $2,169.00 34 Repair Clamps 10" Wide Range Coupling /Unit 10 no bid $4,609.80 no bid $3,341.10 $7,572.30 $3,360.00 35 Repair Clamps 12" Wide Range Coupling /Unit 10 no bid $5,213.70 no bid $3,771.20 $8,527.70 $3,793.00 36 Repair Clamps 4" REPAIR CLAMP/15" LONG /Unit 5 no bid $806.95 no bid $619.40 $780.95 $623.00 37 Repair Clamps 6" REPAIR CLAMP/15" LONG/2IP /Unit 5 no bid $1,355.85 no bid $857.80 $1,312.10 $863.00 38 Repair Clamps 8" REPAIR CLAMP/15" LONG /Unit 5 no bid $1,198.55 no bid $762.80 $1,172.50 $767.50 39 Repair Clamps 10" Repair Clamp X 15" LONG /Unit 5 no bid $1,627.40 no bid $938.65 $1,592.05 $944.00 40 Repair Clamps 12" Repair Clamp x 15" LONG /Unit 5 no bid $1,851.65 no bid $975.95 $1,811.45 $981.50 41 Repair Clamps 4" REPAIR CLAMP/15" LONG/2IP /Unit 5 no bid $1,176.60 no bid $760.55 $1,151.05 $765.00 42 Repair Clamps 6" REPAIR CLAMP/15" LONG/2IP /Unit 5 no bid $1,306.80 no bid $1,282.40 $1,855.15 $1,289.50 43 Repair Clamps 8" REPAIR CLAMP/15" LONG/2IP /Unit 5 no bid $1,568.30 no bid $904.60 $1,534.20 $910.00 44 Repair Clamps 10" REPAIR CLAMP/15" LONG/2 IP /Unit 5 no bid $1,997.10 no bid $1,310.85 $1,932.70 $1,318.50 45 Service Saddles 4" AC x 1" IP Tap - Saddles with Stainless Steel Single Strap /Unit 20 no bid $1,397.00 $1,132.20 no bid $1,292.20 $1,430.00 46 Service Saddles 4" AC x 1" IP Tap - Saddles with Stainless Steel Double Straps /Unit 10 no bid $1,267.00 $1,025.00 no bid $1,171.60 $1,298.00 47 Service Saddles 6" AC x 1" IP Tap - Saddles with Stainless Steel Single Strap /Unit 10 no bid $849.80 $688.70 no bid $786.00 $870.00 48 Service Saddles 6" AC x 1" IP Tap - Saddles with Stainless Steel Double Straps /Unit 10 no bid $1,490.40 $1,209.00 no bid $1,379.60 $1,528.00 49 Service Saddles 10" AC x 1" IP Tap - Saddles with Stainless Steel Single Strap /Unit 10 no bid $1,416.80 $1,148.80 no bid $1,310.90 $1,451.00 50 Service Saddles 10" AC x 1" IP Tap - Saddles with Stainless Steel Double Straps /Unit 10 no bid $2,288.20 $1,860.00 no bid $2,116.20 $2,343.00 51 Pipe Spools (L X W) 30" x 4" Flanged Fabricated Ductile Iron Pipe Spool /Unit 5 no bid $1,941.20 $2,050.00 $2,165.75 $1,603.30 $2,178.00 52 Pipe Spools (L X W) 6" x 6" Flanged Fabricated Ductile Iron Pipe Spool /Unit 5 no bid $1,826.05 $1,840.00 $2,027.45 $1,543.50 $2,051.00 53 Pipe Spools (L X W) 72" x 6" Flanged Fabricated Ductile Iron Pipe Spool /Unit 5 no bid $3,741.20 $3,935.00 $4,153.85 $3,005.45 $4,202.00 54 Pipe Spools (L X W) 84" x 6" Flanged Fabricated Ductile Iron Pipe Spool /Unit 5 no bid $4,129.40 $4,100.00 $4,576.90 $3,603.30 $4,632.50 55 Couplings (Jones or Ford Preferred) 5/8" x3/4" COUPLING MTR NUT/MIP /Unit 90 no bid $1,233.90 $1,755.00 $1,069.20 $1,206.00 $1,098.00 56 Couplings (Jones or Ford Preferred) 3/4" CPLG CTS GJ/CTS GJ /Unit 45 no bid $1,156.95 $938.70 $1,002.60 $1,130.40 $1,030.50 57 Couplings (Jones or Ford Preferred) 1" CPLG CTS GJ/CTS GJ /Unit 45 no bid $1,323.00 $1,024.20 $1,147.05 $1,249.65 $1,174.50 58 Couplings (Jones or Ford Preferred) 2" CPLG CTS GJ/CTS GJ /Unit 30 no bid $3,984.00 $3,251.10 $3,453.90 $3,681.00 $3,537.00 59 Couplings (Jones or Ford Preferred) 1" ELL90 CTS PJ/CTS PJ /Unit 30 no bid $1,279.80 $990.00 $1,109.40 $1,182.60 $1,137.00 60 Couplings (Jones or Ford Preferred) 2" ELL90 MIP/CTS PJ /Unit 30 no bid $4,801.20 $3,930.00 $4,162.50 $4,435.80 $4,263.00 61 Couplings (Jones or Ford Preferred) 1" BALL VALVE FIP/FIP /Unit 10 no bid $1,155.50 $941.00 $1,001.80 $1,067.70 $1,026.00 62 Couplings (Jones or Ford Preferred) 2" BALL VALVE FIP/FIP /Unit 10 no bid $3,401.20 $2,840.60 $2,923.20 $3,115.20 $3,020.00 63 Couplings (Jones or Ford Preferred) 1/4" Yellow Brass Close Nipple /Unit 100 no bid $141.00 $336.00 $218.00 $291.00 $120.00 64 Couplings (Jones or Ford Preferred) Brass Lead Free Elbow, Compression x Male Connector, 3/8" Pipe Size /Unit 25 no bid no bid $150.00 $93.50 $91.50 no bid 65 Couplings (Jones or Ford Preferred) Brass Lead Free Elbow, Compression x Male Connector, 1/2" Pipe Size /Unit 25 no bid no bid $225.00 $135.00 $456.50 no bid 66 Misc Items/Supplies/Hardware Curb Stop Wrench - 1-1/2? & 2? – 36? long /Unit 10 no bid $517.70 $670.00 $676.90 $550.00 $514.00 67 Misc Items/Supplies/Hardware Wood Wedges 2"x4"x8" /Unit 250 no bid no bid $1,225.00 $970.00 $1,070.00 $125.00 68 Misc Items/Supplies/Hardware Type K Soft Copper Tubing 3/4", Rolled (/Foot) /Foot 100 no bid $772.00 $708.00 $788.00 $752.00 $52,200.00 69 Misc Items/Supplies/Hardware Type K Soft Copper Tubing 1" (/Foot) /Foot 100 no bid $990.00 $940.00 $1,045.00 $999.00 $69,600.00 70 Misc Items/Supplies/Hardware Polywrap - 340' Roll - Clear Sleeve (Perf'd Every 20' - 8 Mil) (Pipe Size - 10-12", Lay Flat Width - 27") /Roll5 no bid $898.00 $950.00 $918.00 $869.35 $901.00 71 Misc Items/Supplies/Hardware Polywrap - 340' Roll - Black or Clear Sleeve (Perf'd Every 20' - 8 Mil) (Pipe Size - 6-8", Lay Flat Width - 20") /Roll5 no bid $666.25 $750.00 $680.00 $656.85 $671.00 72 Misc Items/Supplies/Hardware Pipe Wrap Tape - 2" X 100' - 10MIL Black PVC Corrosion Protection /Roll 50 no bid $250.00 $350.00 $407.00 $218.50 $320.00 73 Misc Items/Supplies/Hardware 4" 316 SS Flange Bolt Kit w/ Blue Nuts 5/8 x3" /Unit 50 no bid $1,000.00 $1,450.00 $1,190.50 $1,182.00 $980.00 74 Misc Items/Supplies/Hardware 6" 316 SS Flange Bolt Kit w/ Blue Nuts 3/4 x 3 1/4" /Unit 50 no bid $1,525.00 $1,900.00 $1,768.50 $1,857.50 $1,660.00 75 Misc Items/Supplies/Hardware Brass Bolts for 1 1/2" and 2" Meters /Unit 50 no bid $765.00 $550.00 $838.50 $206.50 $375.00 76 Misc Items/Supplies/Hardware Hydrant Hollow Bolt Kits /Unit 20 no bid $165.00 $300.00 $611.80 $604.40 $130.00 City of Santa Fe Springs
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ITEM # 15
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: HERITAGE SPRINGS ASSESSMENT DISTRICT NO. 2001-01 (HAWKINS STREET AND PALM DRIVE) – ADOPTION OF
RESOLUTION NO. 9949
DATE: April 1, 2025
RECOMMENDATION:
It is recommended that the City Council:
1) Adopt Resolution No. 9949, ordering the preparation of the Engineer’s Report for Fiscal Year 2025/26 in conjunction with the annual levy of assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive); and
2) Take such additional, related action that may be desirable.
FISCAL IMPACT
The Heritage Springs Assessment District includes a mechanism to provide funding on an annual basis for ongoing street maintenance to include slurry sealing, street resurfacing and street reconstruction as needed.
BACKGROUND
The Heritage Springs Assessment District was established in May 2001, according to the Municipal Improvements Act of 1913 (Division 12 of the California Streets and Highway Code), to finance the acquisition of various public improvements required for the development of the District. The requirement for a street maintenance district component was a condition of approval for the development. The two streets within the Heritage Springs Assessment District, Palm Drive and Hawkins Street were last slurry-sealed in Fiscal Year 2017/18.
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive) – Adoption of Resolution No. 9949
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
ANALYSIS
The approval of Resolution No. 9949 orders the preparation of the Engineer’s Report for the annual update of the Assessment District.
ENVIRONMENTAL
N/A
DISCUSSION
N/A
SUMMARY/NEXT STEPS
Upon approval by the City Council of the recommended actions, City staff will start the annual assessment district update process.
ATTACHMENTS:
A. Resolution No. 9949
B. Boundary Map
APPROVED:
ITEM NO.:
RESOLUTION NO. 9949
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, CALIFORNIA ORDERING THE PREPARATION OF THE ENGINEER’S REPORT FOR FISCAL YEAR 2025/26 IN CONJUNCTION WITH THE ANNUAL UPDATE FOR HERITAGE SPRINGS ASSESSMENT DISTRICT NO. 2001-01 (HAWKINS STREET
AND PALM DRIVE)
WHEREAS, the City Council of the City of Santa Fe Springs, California, desires to initiate proceedings for the annual levy of assessments for an assessment district established in May 2001, pursuant to the Municipal Improvements Act of 1913 (Division 12 of the California Streets and Highways Code.)
CITY OF SANTA FE SPRINGS
HERITAGE SPRINGS ASSESSMENT DISTRICT NO. 2001-01
(HAWKINS STREET AND PALM DRIVE)
(Hereinafter referred to as the "District"); and,
WHEREAS, these proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2025 and ending June 30, 2026; and, WHEREAS, there has been submitted to this City Council, for its consideration at this time, a map showing the boundaries of the area affected by the levy of the assessment for the above referenced fiscal year, said map further showing and describing in general the works of improvement proposed to be maintained in said District, and description being sufficient to identify the works of improvement and the areas proposed to be assessed for said maintenance thereof; and
WHEREAS, the provisions of said Division 12 require a written "Report" consisting of the following:
1. Plans and specifications of the area of the work improvement to be maintained; and
2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; and
3. A diagram of the area proposed to be assessed; and
4. A proposed assessment of the estimated costs for maintenance work for said fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the CITY OF SANTA FE SPRINGS hereby:
1. That the above recitals are true and correct.
ATTACHMENT A
2 2. That a map entitled "Boundary Map Heritage Springs Assessment District No. 2001-01" as submitted to this City Council, showing the boundaries of the proposed area to be assessed and showing the work of improvement to be maintained and a copy is on file in the Office of the City Clerk and open to public inspection. The proposed parcels and properties within said area are those to be assessed to pay certain costs and expenses for said maintenance work.
3. That the proposed maintenance work within the area proposed to be assessed shall be for certain improvements, as said maintenance work is set forth in the "Report" to be presented to this City Council for consideration.
4. That the City Engineer, James Enriquez, is hereby ordered to prepare and file with this City Council, a "Report" relating to said annual assessment and levy in accordance with the provisions of Municipal Improvements Act of 1913 (Division 12 of the California Streets and Highway Code).
5. That, upon completion, said "Report" shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to section 10203 and 10204 of said Streets and Highways Code.
6. That the City Clerk shall certify to the adoption of this resolution.
APPROVED and ADOPTED this 1st day of April 2025.
I, the undersigned, hereby certify that the foregoing Resolution No. 9949 was duly adopted by the City of Santa Fe Springs City Council following a roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
William K. Rounds, Mayor
ATTEST:
_________________________ ________________
Fernando Muñoz, City Clerk Date
ITEM # 16
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: STREET LIGHTING DISTRICT NO. 1 – ADOPTION OF RESOLUTION NO. 9948
DATE: April 1, 2025
RECOMMENDATION:
It is recommended that the City Council:
1) Adopt Resolution No. 9948, ordering the preparation of the Engineer’s Report for Fiscal Year 2025/26 in conjunction with the annual levy of assessments for Street Lighting District No. 1; and
2) Take such additional, related action that may be desirable.
FISCAL IMPACT
Lighting District No. 1 includes a mechanism to provide funding on an annual basis for ongoing streetlight maintenance and repair. This funding is from assessment revenue generated by property owners within the District (through a parcel charge collected on the annual property tax bill).
BACKGROUND
The City of Santa Fe Springs formed Lighting District No. 1 on May 26, 1982, according to the provisions of the Landscaping and Lighting Act of 1972. The Lighting District is responsible for overseeing the operations, maintenance, installation and construction of city-owned streetlights.
ANALYSIS
In order to levy the assessments against the properties located within the Lighting District on an annual basis, it is necessary for the City to prepare an Engineer’s Report for the CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
Street Lighting District No. 1 – Adoption of Resolution No. 9948
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
Lighting District. The documents that meet the legal requirements are outlined in Chapter 3 of the Landscaping and Lighting Act of 1972, as contained in the Streets and Highways Code. The Engineer's Report outlines the Lighting District structure, the improvements, and the proposed assessments to be levied in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for the fiscal year. Approval of Resolution No. 9948 orders the preparation of the Engineer’s Report for the annual update of the Lighting District.
ENVIRONMENTAL
N/A
DISCUSSION
N/A
SUMMARY/NEXT STEPS
Upon approval by the City Council of the recommended actions, City staff will start the annual assessment district update process.
ATTACHMENTS:
A. Resolution No. 9948
B. Boundary Map
APPROVED:
ITEM NO.:
RESOLUTION NO. 9948
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, CALIFORNIA ORDERING THE PREPARATION OF THE ENGINEER’S REPORT FOR FISCAL YEAR 2025/26 IN CONJUNCTION WITH THE ANNUAL UPDATE FOR STREET LIGHTING DISTRICT NO. 1
WHEREAS, the City Council of the City of Santa Fe Springs, California, desires to initiate proceedings for the annual levy of assessments for a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, in what is known and designated as
CITY OF SANTA FE SPRINGS
LIGHTING DISTRICT NO. 1
(Hereinafter referred to as the "District"); and,
WHEREAS, these proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2025 and ending June 30, 2026; and, WHEREAS, there has been submitted to this City Council, for its consideration at this time, a map showing the boundaries of the area affected by the levy of the assessment for the above referenced fiscal year, said map further showing and describing in general the works of improvement proposed to be maintained in said District, and description being sufficient to identify the works of improvement and the areas proposed to be assessed for said maintenance thereof; and
WHEREAS, the provisions of said Division 15, Part 2 require a written "Report" consisting of the following:
1. Plans and specifications of the area of the work improvement to be maintained; and
2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; and
3. A diagram of the area proposed to be assessed; and
4. An assessment of the estimated costs for maintenance work for said fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the CITY OF SANTA FE SPRINGS hereby:
1. That the above recitals are true and correct.
2. That a map entitled "City of Santa Fe Springs Lighting District No. 1 Annual Levy" as submitted to this City Council, showing the boundaries of the proposed area to
ATTACHMENT A
2 be assessed and showing the work of improvement to be maintained, and a copy is on file in the Office of the City Clerk and open to public inspection. The proposed parcels and properties within said area are those to be assessed to pay certain costs and expenses for said maintenance work.
3. That the proposed maintenance work within the area proposed to be assessed shall be for certain street lighting improvements, as said maintenance work is set forth in the "Report" to be presented to this City Council for consideration.
4. That the City Engineer, James Enriquez, is hereby ordered to prepare and file with this City Council, a "Report" relating to said annual assessment and levy in accordance with the provisions of Article IV, commencing with Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California.
5. That, upon completion, said "Report" shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to section 22623 and 22624 of said Streets and Highways Code.
6. That the City Clerk shall certify to the adoption of this resolution.
APPROVED and ADOPTED this 1st day of April 2025.
I, the undersigned, hereby certify that the foregoing Resolution No. 9948 was duly adopted by the City of Santa Fe Springs City Council following a roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
William K. Rounds, Mayor
ATTEST:
_____________________________ ________________
Fernando Muñoz, City Clerk Date
ATTACHMENT B
ITEM # 17
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: FIRE STATION HEADQUARTERS OFFICE RENOVATION –
ADDITIONAL APPROPRIATION OF FUNDS
DATE: April 1, 2025
RECOMMENDATION:
It is recommended that the City Council:
1) Appropriate an additional $200,000 from the Utility Users Tax (UUT) to the Fire Station Headquarters Office Renovation (PW250007); and
2) Take such additional, related action that may be desirable.
FISCAL IMPACT
The Fire Station Headquarters Office Renovation project is an approved Capital Improvement Project with an approved project budget of $1,134,000, funded entirely by the Utility Users Tax (UUT) Capital Improvement Plan Fund.
Additional and unanticipated costs due to unforeseen conditions and added scope will require an additional appropriation of $200,000 from the Utility Users Tax.
The revised project cost breakdown is as follows:
ITEM ESTIMATED AMOUNT
Construction (Interior Improvements) $ 404,313.00
(Office Furniture) $ 185,000.00
(Public Counter) $ 60,000.00
(Temporary Office Trailer) $ 60,000.00
(Wire Management) $ 15,000.00
Design $ 50,000.00
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
Fire Station Headquarters Office Renovation – Additional Appropriation of Funds
Engineering $ 70,000.00
Inspection $ 115,000.00
Revised Contingency $ 374,687.00
Revised Total Project Cost: $ 1,334,000.00
BACKGROUND
On January 21, 2025, the City Council awarded the construction contract for the subject project to RAMCO General Engineering Contractors, Inc. in the amount of $404,313. The solicitation for construction bids was advertised on November 25, 2024, in accordance with the California Public Contract Code.
During the demolition process multiple unforeseen changed condition were encountered requiring additional work including: 1) existing wood framing needed to be replaced; 2) electrical work had to be relocated and updated; 3) existing ceiling tiles were replaced; and 4) due to the age of the structure additional components like drywall and insulation required removal and replacement.
Additional scope was also added to the project, including removal of tile throughout the living quarters and polishing the underlying concrete floor and removal of wood paneling and replacement with drywall in the Chief’s office. This work was not in the original scope but was added to avoid displacing Fire staff a second time if the work is done at a later date.
Additionally, abatement of lead and asbestos in the living quarters in the suppression building will require displacement of firefighting staff and will require the extended rental of temporary trailers and the installation of temporary showers.
ANALYSIS
The additional $200,000 in funding will be adequate to complete the project.
ENVIRONMENTAL
N/A
PROJECT FUNDING AMOUNT
Utility Users Tax (UUT) Capital Improvement Fund -
(previously approved project budget) $ 1,134,000.00
Additional Appropriation Utility Users Tax (UUT) -
Recommended $ 200,000.00
Total Project Cost $ 1,334,000.00
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
Fire Station Headquarters Office Renovation – Additional Appropriation of Funds
DISCUSSION
The completion of the Fire Station Headquarters Office Renovation project will increase office functionality and provide an aesthetically pleasing appearance.
SUMMARY/NEXT STEPS
Upon the City Council's approval of the recommended action, City staff will coordinate with the Contractor to complete the project.
ATTACHMENTS:
None.
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
ITEM # 18
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: ON-CALL PROFESSIONAL ENGINEERING SERVICES - APPROVE CONTRACT AMENDMENT NO. 1
DATE: April 1, 2025
RECOMMENDATION:
It is recommended that the City Council:
1) Approve Amendment No. 1 to the On-Call Professional Engineering Services Contract Agreements with Onward Engineering and Coast Surveying Inc., providing a 1-year term extension and revising the expiration date to April 6, 2026; and
2) Authorize the City Manager to execute the amendment with each of the consultant firms; and
3) Take such additional, related, action that may be desirable.
FISCAL IMPACT
Funding for On-Call Professional Engineering services is included in the approved Public Works Department budget and in the various funding sources that fund capital improvement and transportation projects. No additional appropriation is required as a result of the recommended actions since the services provided by these firms is paid from approved project budgets.
BACKGROUND
At the April 6, 2021, meeting, the City Council approved an award of contract with 21 engineering firms to provide on-call engineering services for various disciplines. The term for the Professional Services Agreement was four (4) years and will expire on April 6, CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
On-Call Professional Engineering Services-Approve Contract Amendment No. 1
2025. At this time, staff is requesting City Council authorization to extend the On-Call Professional Engineering Services Contract Agreements with the following two firms on the current bench list: 1) Onward Engineering and 2) Coast Surveying Inc. These firms are currently working on task orders that are not complete, and the extension will allow the completion of the active task orders without disrupting ongoing project schedules.
The extension also allows time for the RFP process to be completed establishing a new bench list of firms.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
The On-Call Professional Engineering services provide a broad range of professional engineering services. These services augment Public Works/ Engineering Division staff by assisting with project engineering, architectural and landscape design, construction management and inspections, and project management and administration required to implement the approved Capital Improvement Program.
The Amendment No. 1 to the On-Call Professional Engineering Services Contract Agreements will allow Onward Engineering and Coast Surveying Inc. to complete active task orders without disrupting ongoing project schedules.
SUMMARY/NEXT STEPS
Upon the approval of the recommended actions by the City Council, staff will request the execution of Amendment No. 1 to the On-Call Professional Engineering Services Contract to both Onward Engineering and Coast Surveying Inc.
ATTACHMENTS:
A. Amendment Number 1 (Onward Engineering)
B. Amendment Number 1 (Coast Surveying Inc.)
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
ATTACHMENT A
AMENDMENT NUMBER 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH ONWARD ENGINEERING
This Amendment Number 1 (“Amendment”) is made and entered into this 1st day of April 2025, by and between the City of Santa Fe Springs (“City”) and Onward Engineering (“Consultant”).
WHEREAS, on April 6, 2021, the City and Contractor entered into an agreement for consultant to provide On-Call Engineering Professional Services to the city (“Agreement”); and
WHEREAS, the Agreement provides for an initial four-year term, terminating on April 6, 2025; and
WHEREAS the parties desire to extend the contract for an additional term of 365- days.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Pursuant to Section 4.1 of the Agreement, the term of the Agreement is extended through April 6, 2026.
2. Pursuant to Section 2 of the Agreement, the compensation for the work completed during the 365-day extension period shall be per the original agreement.
3. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.
CITY OF SANTA FE SPRINGS ONWARD ENGINEERING
____________________________ ____________________________ William K Rounds, Mayor Majdi Ataya, P.E., President
Date: ____________________ Date: ____________
ATTEST : ONWARD ENGINEERING
__________________________ ____________________________ Fernando Munoz, City Clerk Majdi Ataya, P.E., President Date: _____________
APPROVED AS TO FORM:
___________________________
Rick Olivarez, City Attorney
ATTACHMENT B
AMENDMENT NUMBER 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH COAST SURVEYING, INC.,
This Amendment Number 1 (“Amendment”) is made and entered into this 1st day of April 2025, by and between the City of Santa Fe Springs (“City”) and COAST SURVEYING, INC., (“Consultant”).
WHEREAS, on April 6, 2021, the City and Contractor entered into an agreement for consultant to provide On-Call Engineering Professional Services to the city (“Agreement”); and
WHEREAS, the Agreement provides for an initial four-year term, terminating on April 6, 2025; and
WHEREAS the parties desire to extend the contract for an additional term of 365- days.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Pursuant to Section 4.1 of the Agreement, the term of the Agreement is extended through April 6, 2026.
2. Pursuant to Section 2 of the Agreement, the compensation for the work completed during the 365-day extension period shall be per the original agreement.
3. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.
CITY OF SANTA FE SPRINGS COAST SURVEYING, INC.,
____________________________ ____________________________ William K. Rounds, Mayor Ruel del Castillo, President
Date: ____________________ Date: _______________________ ATTEST : COAST SURVEYING, INC.,
__________________________ ____________________________ Fernando Munoz, City Clerk Ruel del Castillo, President Date: _______________________
APPROVED AS TO FORM:
___________________________
Rick Olivarez, City Attorney
ITEM # 19
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: ON-CALL TREE MAINTENANCE SERVICES – AUTHORIZATION TO
ADVERTISE REQUEST FOR PROPOSALS (RFP)
DATE: April 1, 2025
RECOMMENDATION:
It is recommended that the City Council:
1) Authorize City Staff to advertise an RFP for On-Call Tree Maintenance Services on Planet bids; and
2) Approve Amendment Number 2 to the Agreement with West Coast Arborists, extending the current contract for 90 days to terminate on August 14, 2025, for an additional not-to-exceed fee of $40,000; and
3) Take such additional, related, action that may be desirable.
FISCAL IMPACT
Funding for On-Call Tree Maintenance Services is included in the adopted budget for the Department of Public Works. The recommended fee for the contract extension would be paid from the budgeted amount for Fiscal Year 2025-26 since the extension carries into the next fiscal year. The remainder of the budgeted amount will be utilized for the new contract awarded as a result of the RFP.
BACKGROUND
The City Council awarded a two-year On-Call Tree Maintenance Services contract to West Coast Arborist (WCA) effective April 13, 2017. The contract contained a stipulation allowing the City Council to renew the contract an additional two years at the end of the first term, based on performance and approval by the City Council. On April 13, 2018, the CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
On-Call Tree Maintenance Services - Authorization to Advertise Request for Proposals (RFP)
City Council awarded the additional two-year extension setting the expiration on April 13, 2021.
On December 10, 2020, the City Council authorized the issuance of an RFP for this service. The result of the RFP was an award to WCA on April 6, 2021. WCA was awarded a 4-year contract that is set to expire on May 14, 2025.
Therefore, city staff prepared a Request for Proposal for On-Call Tree Maintenance Services that provides for the City to award a contract to a contractor that best meets the City's Tree Maintenance requirements based on their qualifications and experience in performing similar work.
ANALYSIS
Extending WCA’s existing contract for a period of 90-days to August 14, 2025 provides staff adequate time to issue and evaluate the RFP and recommend to the City Council the award of a new contract. The proposed additional fee of $40,000 will be utilized to continue routine grid trimming and address any emergencies that may arise until a new contractor is onboarded.
ENVIRONMENTAL
N/A
DISCUSSION
N/A
SUMMARY/NEXT STEPS
Upon approval of the recommended actions by the City Council, Public Works staff will execute Amendment Number 2 with WCA and issue the Request for Proposals.
ATTACHMENTS:
A. Amendment Number 2
B. Request for Proposals
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
SECOND AMENDMENT TO
CITY OF SANTA FE SPRINGS
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
WITH
WEST COAST ARBORISTS, INC.
This Second Amendment to Landscape Maintenance Services Agreement (“Second Amendment”) is made and entered into this 1st day of April 2025 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation (“City”) and West Coast Arborists, Inc., a California corporation (“Contractor”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Contractor.
RECITALS
WHEREAS, on May 14, 2021, City and Contractor entered into the Landscape Maintenance Services Agreement for Contractor to provide Tree Maintenance services to City (“Agreement”); WHEREAS, on September 20, 2022, City and Contractor entered into Amendment Number One, amending the Agreement to include that Contractor will provide tree and stump removal services for twenty-three (23) pine trees and City will pay Contractor an additional Forty-Four Thousand One Hundred Forty Dollars and Zero Cents ($44,140.00) (“First Amendment”); WHEREAS, the Agreement provides for a four-year term that will terminate on May 14, 2025; and
WHEREAS, the Parties desire to further amend the Agreement to extend the Agreement by an additional term of 90-days, from May 14, 2025 to August 12, 2025, and include that City will pay Contractor additional compensation not to exceed Forty Thousand Dollars and Zero Cents ($40,000.00) for work completed during the extension.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. The Recitals, and the terms defined therein, are true and correct and are hereby incorporated into and made a part of this Second Amendment.
2. Section 1 of the Agreement is hereby amended to extend the term of the Agreement through August 12, 2025.
3. Pursuant to Section 5 of the Agreement, the total compensation to Contractor for the work completed during the 90-day term extension shall not exceed Forty Thousand Dollars and Zero Cents ($40,000.00).
4. Except as otherwise set forth in this Second Amendment, the Agreement and First Amendment shall remain binding, controlling, and in full force and effect. Section 1 of the Agreement notwithstanding, this Second Amendment, together with the Agreement and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
5. The provisions of this Second Amendment shall be deemed a part of the Agreement and First Amendment and except, as otherwise provided under this Second Amendment, the Agreement and First Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the Agreement and First Amendment, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Agreement and First Amendment and no further.
6. If any portion of this Second Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
7. This Second Amendment shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
8. The individuals executing this Second Amendment and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof.
9. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY OF SANTA FE SPRINGS WEST COAST ARBORISTS, INC.
____________________________ ____________________________ William K. Rounds, Mayor Patrick Mahoney, President Date: ____________________ Date: _______________________ ATTEST: WEST COAST ARBORISTS, INC. __________________________ ____________________________ Fernando Munoz, City Clerk Richard Mahoney, Secretary
Date: _______________________
APPROVED AS TO FORM:
____________________________
Rick Olivarez, City Attorney
REQUEST FOR PROPOSALS
TREE MAINTENANCE SERVICES
DEPARTMENT OF PUBLIC WORKS
INQUIRIES REGARDING THIS PROJECT
MAY BE DIRECTED TO:
James Enriquez, PE
Director of Public Works
City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Phone (562) 868-0511, Extension 7611
April 1, 2025
CITY OF SANTA FE SPRINGS
Tree Maintenance Services
1 REQUEST FOR PROPOSALS
TREE MAINTENANCE SERVICES
The City of Santa Fe Springs (“City”) is issuing a request for proposals (“RFP”) from qualified tree maintenance contractors for a period of up to five (5) years. The the proposed tree maintenance work services will be required to be performed and completed in a thorough and professional manner, and to provide labor, tools, equipment, materials, and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements and as described in the Scope of Services (Attachment “A”) of this RFP. The City invites proposals for the above-stated services and will receive such proposals in the Director of Public Works Office, City of Santa Fe Springs, 11710 E. Telegraph Road, Santa Fe Springs, California 90670, until 3:00 p.m. on Thursday, May 1, 2025.
Interested proposers must submit six (6) copies of their proposal (“Proposal”) labeled “PROPOSAL FOR TREE MAINTENANCE SERVICES” to:
James Enriquez, P.E. Director of Public Works City of Santa Fe Springs 11710 E. Telegraph Road Santa Fe Springs, CA 90670 Proposals received after the time and date specified above will not be accepted and will be returned to the proposer unopened. No pre-submittal meeting has been scheduled for this RFP. The City reserves the right to: reject any or all proposals, to waive any irregularity in any Proposal received, and to be the sole judge of the merits of the respective proposals it receives, and to take all Proposals under advisement for 45 days. The award, if made, will be made to the Contractor whose Proposal best meets the technical requirements and qualifications of the RFP as determined by the City. The Proposal submitted by the selected respondent shall be incorporated as part of the final contract accordingly. All questions regarding this project must be directed to James Enriquez at (562) 868-0511, extension 7611.
Tree Maintenance Services
2 INSTRUCTIONS TO PROPOSERS
1. TIMELINE TO SOLICIT PROPOSALS
In support of the selection process, the following timeline has been established:
DESCRIPTION DATE/TIME
Request for Proposals Released 4/7/2025 Deadline to Submit Questions 4/17/2025 by 5:00 pm Deadline to Receive Proposals 5/1/2025 by 3:00 pm The City reserves the right to modify any element of the timeline should that become necessary.
2. PRE-SUBMITTAL MEETING
No Pre-Submittal Meeting has been scheduled for this RFP.
3. SUBMISSION OF PROPOSALS
To be considered, the Proposals must be received by the Department of Public Works, City of Santa Fe Springs, by 3:00 p.m. on Thursday, May 1, 2025. Contractors must submit six (6) copies of their Proposal labeled “PROPOSAL FOR TREE MAINTENACE SERVICES” to:
James Enriquez, PE Director of Public Works City of Santa Fe Springs 11710 E. Telegraph Road Santa Fe Springs, CA 90670-3658 Proposals, and amendments to Proposals, submitted after the date and time specified above will not be accepted and will be returned to the Contractor unopened.
4. DISSEMINATION OF RFP INFORMATION
From time to time, the City may issue responses to requests for clarifications, questions, comments, and addenda to this RFP, or other material related to this solicitation. By submitting a Proposal, respondents are deemed to have constructive knowledge and notice of all information pertaining to this RFP.
5. ADDENDA TO THE RFP
Any change(s) or revision(s) to the requirements of this RFP initiated by the City will be made by written addenda to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into and made a part of the terms and conditions of any resulting agreement. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP unless they have been documented by addenda to this RFP. Respondents will be required to document that they are aware of all addenda issued by the City in their proposal.
Tree Maintenance Services
3 6. QUESTIONS AND REQUESTS FOR CLARIFICATIONS
A. Contact Person for the Project
All questions or contacts regarding this RFP must be directed to Mr. James Enriquez, PE, Director of Public Works who can be reached at (562) 868-0511, ext. 7611 or by email at [email protected].
B. Clarifications of the RFP
Respondents are encouraged to promptly notify the City of any apparent errors or inconsistencies in the RFP, inclusive of all attachments, exhibits and appendices. Should a respondent require clarifications to this RFP, the Contractor shall notify the City in writing in accordance with Subsection “A” above. Should it be found that the point in question is not clearly and fully set forth in the RFP, a written addendum clarifying the matter will be issued.
C. Submitting Requests
All questions must be submitted to the City by 5:00 p.m. on Thursday, April 17, 2025. The City shall not be responsible for failure to respond to a request or question that has not been labeled correctly. Questions can be submitted via U.S. Mail, Personal Courier, Fax or Email as long as they are received no later than the date and time specified above. The City shall not be liable for any late submittals due to courier method or electronic delivery. Requests for clarifications, questions and comments received after 5:00 p.m. on Thursday, April 17, 2025, will not be responded to.
D. City Responses
The City, in its sole discretion, will respond to requests for clarifications, questions and comments. Responses will be emailed to respondents.
7. COST OF PROPOSAL PREPARATION
Any party responding to this RFP shall do so at their own risk and cost. The City shall not, under any circumstances, be liable for any pre-contractual expenses incurred by any Contractor who elects to submit a proposal in response to this RFP or by any Contractor that is selected. Pre-contractual expenses are defined as expenses incurred by Contractors and the selected Contractor, if any, in: • Preparing a Proposal and related information in response to this RFP. • Submitting a Proposal to the City. • Negotiations with the City on any matter related to this RFP. • Costs associated with interviews, meetings, travel or presentations; or • Any and all other expenses incurred by a responding party prior to the date of award, if any, of an agreement, and formal notice to proceed.
Tree Maintenance Services
4 The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Contractor.
8. CONFLICT OF INTEREST
By responding to this RFP, the Contractor represents to the best of its knowledge that: • Neither the respondent, nor any of its affiliates and associated staff, have communicated with any member of the City since the release of this RFP on any matter related to this RFP except to the extent specified in this RFP. • Neither respondent, nor any of its affiliates and associated staff, has obtained or used any information regarding this RFP and the proposed services that has not been generally available to all responding parties, and • No conflict of interest exists under any applicable statute or regulation or as a result of any past or current contractual relationship with the City. • Neither respondent, nor any of its affiliates have any financial interest in any property that will be affected by any of the referenced projects. • Neither respondent, nor any of its affiliates or associated staff, have a personal relationship with any member of the governing body, officer or employee of the City who exercises any functions or responsibilities in connection with this RFP and/or the referenced project(s).
9. KEY PERSONNEL
It is imperative that personnel proposed to provide services have the background, experience and qualifications to properly undertake all necessary services for the successful performance of the Scope of Services. Responding parties must identify all proposed personnel in its Proposal. The team must be well qualified and have sufficient experience in the areas described in the Scope of Services as described in Attachment “A.”
10. BASIS FOR AWARD OF CONTRACT
The City intends to select the Contractor on the basis of demonstrated competence and professional qualifications in accordance with Scope of Services. To that end, the contract is to be awarded to the responding party whose proposal best meets the technical requirements of the RFP as determined by the City. Should an award be made, the Proposal submitted by Contractor shall be incorporated as part of the final contract to be executed between the Contractor and City, accordingly.
11. TERM OF AGREEMENT
The term of the Tree Maintenance Services Agreement (“Agreement”) with the selected Contractor is three (3) years, effective the date of executing the Agreement (“Term”). The City reserves the right to extend the original Term by two (2) additional one (1) year terms based on performance and City Council approval.
Tree Maintenance Services
5 The City will compensate the Contractor for actual hours worked by assigned personnel on a monthly basis. Compensation will be based on the fee schedule as set forth in the Proposal. The Contractor will provide an invoice clearly documenting the services performed consistent with an approved Monthly Service Schedule.
12. REQUIRED FORMAT FOR PROPOSALS
The City is requiring all proposals submitted in response to this RFP to follow a specific format. The Proposal, including the appendices, shall not exceed thirty (30) pages in length, utilizing 8.5″ x 11″ pages with one-inch margins. As an exception, 11″ x 17″ pages may be used to display organizational charts. Font size shall not be smaller than 12 points for text or eight (8) point for graphics. Dividers used to separate sections will not be counted. Creative use of dividers to portray team qualifications, etc. is discouraged. Responding parties are required to prepare their written proposals in accordance with the instructions outlined below. Deviations from these instructions may be construed as nonresponsive and may be cause for disqualification. Emphasis should be placed on accuracy, completeness, and clarity of content. All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by any responding party that are submitted as part of the proposal and not withdrawn shall, upon receipt by City, become property of City.
The Proposal should be organized as described below. Each section of the written proposal should contain the title of that section, with the response following the title. The following are the required titles with a brief statement as to that section’s desired content:
A. Letter of Offer
The Letter of Offer shall be addressed to James Enriquez, PE, Director of Public Works, City of Santa Fe Springs, and at a minimum, must contain the following: • Identification of responding party, including name, address and telephone number.
• Name, title, address, and telephone number of contact person for this RFP. • A statement to the effect that the Proposal shall remain valid for a period of not less than 45 calendar days from the date of submittal. • Acknowledgement that if selected as the Contractor, the Contractor is obligated by all addenda to this RFP.
• Signature of a person authorized to bind the proposing party to the terms of the Proposal.
• Signed statement attesting that all information submitted with the Proposal is true and correct.
Tree Maintenance Services
6 B. Qualifications of the Firm
This section of the Proposal shall explain the ability of the proposer to satisfactorily perform the required Scope of Services as provided in Attachment “A.” More specifically, in this section, the Contractor shall: • Provide a profile of the responding party’s company, including the types of services offered; the year founded; form of organization (corporate, partnership, sole proprietorship); number, size and location of offices; number of employees.
• Provide a detailed description of company’s financial condition, including any conditions (e.g., bankruptcy, pending litigation, outstanding claims in excess of twenty-five thousand dollars ($25,000) for or against the firm; planned office closures or mergers that may impede Contractor’s ability to provide Tree Maintenance Services). • Provide information on the strength and stability of the company’s current staffing capability and availability; current workload; and proven record of meeting schedules on similar tree maintenance contracts.
C. Proposed Staffing
The identity of personnel proposed to perform the work in the specified tasks, including major areas of the work. Include the person’s name, current location, and proposed position for this project, current assignment, and level of commitment to that assignment, availability for this assignment and how long each person has been with the firm.
D. Acknowledgement
Proposers must complete, execute and include as a part of the Proposal, the attached Acknowledgement for Tree Maintenance Services (Attachment “B”), which acknowledges and certifies that the proposer will enter into an agreement with the City for services in accordance with the Pricing Schedule submitted with this RFP.
E. Pricing Schedule
Proposers must complete and include as part of the Proposal, the attached Bid Schedule (Attachment “C”), including the Additional Prices Bid Form (Attachment “D”).
F. Client References
Provide five (5) most recent similar clients (including agency name, contact person, title, address, phone number, and email address) (Attachment “E”). The City is most interested in public agency clients based in the State of California and may randomly select agencies to contact from the reference list as part of the evaluation process.
Tree Maintenance Services
7 13. PROPOSAL EVALUATION PROCESS AND CRITERIA
A. GENERAL
All proposals will be evaluated based on the technical information and qualifications presented in the proposal, reference checks, and other information, which may be gathered independently. Requests for clarification and/or additional information from any proposer may be requested at any point in the evaluation process. The proposed pricing schedule as provided in the Bid Schedule and the Additional Services Price Bid Form will be an important criterion; however, the City reserves the right to select a Contractor that presents the best qualifications, but not necessarily the lowest quoted prices.
B. EVALUATION CRITERIA
• Completeness of the Proposal. • Respondent’s experience in performing similar work as described in the Scope of Services.
• Respondent’s capability to perform the work based on staffing and equipment. • Respondent’s demonstrated understanding of the Scope of Services. • Quality of work previously performed by the proposer as verified by reference checks as provided by the proposer.
• Ability to perform the work described in the Scope of Services according to the Bid Schedule and Additional Services Bid Price Form.
C. EVALUATION AND RANKING
After evaluating all proposals received, the City may invite up to a maximum of three (3) most qualified proposers to interview with the City Evaluation Committee, if necessary, as deemed by the City.
Respondents selected to interview with the City Evaluation Committee should have available the project manager and key project personnel available to discuss the following: • The major elements of the Proposal and be prepared to answer questions clarifying the Proposal.
• A description of previously related experience.
D. FINAL SELECTION
The final selection will be the Contractor which, in the City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing this service, and is in the City’s best interest. The City maintains the sole and exclusive right to evaluate the merits of the Proposals received.
14. EXCEPTIONS OR ADDITIONS
The Proposal shall include a detailed description of all of the exceptions to the provisions and conditions of this RFP upon which the Contractor’s submittal is contingent and which Tree Maintenance Services
8 shall take precedence over this RFP.
15. INSURANCE REQUIREMENTS
Prior to the start of contract negotiations, the highest qualified proposer will be required to submit to the City the required insurance certificates for the company and its employees. The successful responding party shall indemnify and hold City and its officers, agents, employees, and assigns harmless from any liability imposed for injury whether arising before or after completion of work hereunder or in any manner directly or indirectly caused, occasioned, or contributed to, or claims to be caused, occasioned, or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor’s direction or control or on its behalf, in connection with, or incident to, or arising out of the performance of the Scope of Services under this RFP. The Contractor selected will be required to maintain the following levels of insurance coverage for the duration of the services provided, as well as any sub-consultants hired by the Contractor: • Worker’s Compensation insurance with statutory limits, and employer’s liability insurance with limits not less than $1,000,000 per accident. • Commercial general liability insurance or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence, $10,000,000 General Aggregate, for Bodily Injury, Personal Injury and Property Injury. • Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
16. RIGHTS OF THE CITY
The City reserves the right, in its sole discretion and without prior notice, to terminate this RFP; to issue subsequent RFPs; to procure any project-related service by other means; to modify or revise the Scope of Services; to modify the City’s obligations or selection criteria; or take other actions needed to meet the City’s goals. In addition, the City reserves the following rights: • The right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in any proposal. • The right to amend, revise, withdraw or cancel this RFP at any time without prior notice.
• The right to postpone proposal openings for its own convenience. • The right to request or obtain additional information about any and all proposals submitted pursuant to this RFP.
Tree Maintenance Services
9 • The right to conduct a background check of any party responding to this RFP.
This may include, but is not limited to, contacting individuals and organizations regarding capabilities and experience of the proposers. • The right to waive minor discrepancies, informalities and/or irregularities in the RFP or in the requirements for submission of a Proposal. • The right to modify the response requirements for this RFP. This may include a requirement to submit additional information; an extension of the due date for submittals; and modification of any part of this RFP, including timing of RFP decisions and the schedule for presentations. • The right to disqualify any potential Contractor on the basis of real or perceived conflict of interest that is disclosed or revealed by information available to the City. • The right at any time, subject only to restrictions imposed by a written contractual agreement, to terminate negotiations with any potential Contractor and to negotiate with other potential Contractors who are deemed qualified. • Although cost is an important factor in deciding which Contractor will be selected, it is only one of the criteria used to evaluate Contractors, as demonstrated in the Evaluation Criteria, above. City reserves the absolute right, in its sole discretion, to award a contract, if any, which under all the circumstances will best serve the public interest.
• City reserves the right to reject any or all proposals or to make no award at all, to determine whether any alternate proposals are equal to the specifications and general requirements, and to accept proposals with minor variations from the Request for Proposals and/or conditions. The City reserves the right to negotiate for a higher level, lower level or additional services.
This RFP is not a contract or commitment of any kind by the City. This RFP does not commit the City to enter into negotiations with any Contractor and the City makes no representations that any contract will be awarded to any consultant that responds to this RFP. Proposals received by the City are public information and will be made available to any person upon request after the City has completed the proposal evaluation. Submitted proposals are not to be copyrighted.
Should City and Contractor enter into a contract pursuant to this RFP, it shall be duly noted that entering into such an agreement shall be interpreted, construed, and given effect in all respects according to the laws of the State of California. The selected contractor shall secure a City business license through the City’s Finance and Administrative Services Department at the time the contract is awarded.
Tree Maintenance Services
10 Waiver of Proposals Proposals may be withdrawn by submitting written notice to the City’s Contact Person at any time prior to the submittal deadline. Upon submission, the Proposal and all collateral material shall become the property of the City.
17. RIGHTS TO MATERIALS
A. CITY PROPERTY All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Contractor that are submitted as part of the proposal and not withdrawn shall, upon receipt by City, become property of City.
B. CALIFORNIA PUBLIC RECORDS ACT DISCLOSURES The Contractor acknowledges that all information submitted in response to this RFP is subject to public inspection under the California Public Records Act (Gov. Code § 7920.000 et seq.) unless exempted by law. If a party responding to this RFP believes any information submitted should be protected from such disclosure due to its confidential, proprietary nature or other reasons, it must identify such information and the basis for the belief in its disclosure. Any proposal submitted with a blanket statement or limitation that would prohibit or limit such public inspection shall be considered nonresponsive and shall be rejected from further consideration for an award under this RFP. Notwithstanding that disclaimer, it is the intention of the City to keep all submittals confidential until such time as negotiations is successfully concluded.
Tree Maintenance Services - Scope of Services
A-1
Attachment “A”
SCOPE OF SERVICES
TREE MAINTENANCE SERVICES
It shall be understood that the company selected under this RFP will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials, and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. Contractor shall be responsible for all work under this Scope of Services and shall not assign any aspect to any subcontractor without prior written authorization from the City. A Contractor may be required to perform the following tree maintenance activities at various sites throughout the City:
• GPS Tree Inventory /Online Maintenance Access*
• Tree Trimming/Grid Pruning • Special Service Request Pruning • Tree Removal/ Stump Removal • Emergency Services • Arborist Service • Pine Tree/Palm Tree Pruning GPS TREE INVENTORY Within the first 60-days of the contract term, the Contractor shall be required to provide to the City access to a record keeping system consisting of an Internet based software program that allows the City to maintain information about its tree inventory, including the description of each tree by species, height, diameter, work history, and site location. Additionally, the program should generate the estimated monetary value of the urban forest, recycling reports, live job balance, and contractor equipment GPS location monitoring. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports, and pictures of City tree species. Contractor shall provide software support to the City for the entire term of the contract. Provisions of the GPS Tree Inventory System shall include: 1. Conduct an inventory of the City’s trees to be maintained under this Contract by an ISA Certified Arborist including coordinates for all trees in public places. This includes, but is not limited to, all publicly owned trees on street rights-of-way, parks, City facilities, and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a GIS program such as ArcView. The inventory collector will identify the tress by their global coordinates of longitude and latitude. By collecting the data using the GIS program, the city can consolidate the tree data with other GPS coded programs in the city.
2. Contractor shall have at minimum ten (10) years of experience in collecting tree inventories for cities and other public agencies and developing inventory databases, including an extensive program that simplifies the management of the City’s Urban Forest. Contractor shall have developed a complete and comprehensive computer software program for at Tree Maintenance Services - Scope of Services
A-2
least five (5) California cities. The program should have specialized reports designed specifically for the City’s needs. The program should be developed based on the needs of the city. The user-friendly program should allow the city to generate a variety of reports quickly.
3. The tree inventory program must include a mobile application for field use. The application must reflect live data as it exists in the tree inventory program. The functionality of the mobile application must be compatible with Android and Apple systems, be usable for precision mobility view as user moves through canopied areas, include multiple layer features including aerial imagery and street names, display tree icons based on precise GPS coordinates, be able to display live work history records, and allow live data updates.
4. Provide not less than two training sessions in the use and manipulation of the street tree database with City staff to include hands-on demonstration and ongoing training as needed.
5. The inventory system described above shall be considered an instrument of service under this Contract and shall remain the property of the City during the life of and following the termination of this Tree Maintenance Agreement.
6. Contractor shall provide routine software maintenance, archive, backup, restore, and disaster recovery procedures as may be requested by the City. Contractor shall provide complete software support rapidly with experienced staff available to the City during the hours of 6:00 a.m. to 4:00 p.m. Monday through Friday. *Online maintenance is defined as Internet access to Urban Forestry Management Software for GPS tree inventories that include work order tracking, ability to send work requests, including but not limited to, maintenance recommendations, tree conditions, pruning, planting, tree and stump removal, access to reports for tree inventory, value of the urban forest, recycling reports, live job balance, contractor equipment GPS location monitoring.
TREE TRIMMING/GRID PRUNING SERVICES
The tree trimming services will be based on the City’s grid system. City staff will identify the specific grid area and time frame to perform the work. SPECIAL SERVICE REQUEST PRUNING The location of each work area to be serviced will be identified by City staff via a Work Order. Contractor shall report the location of work to City Staff.
TREE REMOVAL/ STUMP REMOVAL
Upon notification by City staff to Contractor of trees to be removed, Contractor shall notify affected residents at least forty-eight (48) hours in advance and submit USA ticket. Contractor shall remove tree, grind stump to a depth of eighteen inches (18″) and haul all debris. Stumps shall be cut low enough to the ground where grinding can be done safely. All holes shall be backfilled the same day. The resultant chips from grinding may be used to fill the hole to two inches (2″) above normal ground level. All excess grinding chips and debris will be removed and loaded into transport vehicles for disposal. No wood or debris shall be left along the public right-ofway. All tree parts are to be loaded into transport vehicles or containers. Any damaged paved surfaces shall be restored to their original condition.
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EMERGENCY SERVICES The City may call upon the Contractor to respond to an emergency that requires immediate attention during working hours and outside of working hours. The city will be the sole judge in determining an emergency. Contractor shall be required to respond to the emergency within one (1) hour of notification by the City ARBORIST SERVICES On occasion, the city requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City’s request for the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations, and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a caseby-case basis PRUNING PALM TREES/ PINE TREES Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters, and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by City staff in accordance with the following: The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the city administrator. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning palm trees. Pine tree pruning shall consist of removing heavy, dead, conflicting, and broken branches ensuring 25% of canopy is trimmed. Pine trees shall be trimmed on a two-year cycle and during the months of October through December (winter months) to prevent excessive sapping. EMERGENCY INFORMATION The name, address and telephone numbers of the Contractor shall be filed with the City Engineer, the Municipal Services Yard (12636 Emmens Way), the Police Services Center (11576 Telegraph Road) and the Fire Department (11300 Greenstone Avenue). STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel. PROJECT COORDINATION AND SUPERVISION City shall designate the Director of Public Works or his designee as the City’s Contract Administrator and shall act as the City’s representative for the performance of the Agreement. The Contract Administrator shall have the power to act on behalf of the City for all purposes under the Agreement. Contractor shall not accept direction or orders from any person other than the City’s Contract Administrator.
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Contractor shall designate a Supervisor to act as the Contractor’s representative for the performance of this Agreement. The Supervisor shall have full authority to represent and act on behalf of the Contractor for all purposes under the Agreement. The Supervisor shall supervise and direct the performance of all Tree Maintenance Services. The Supervisor shall meet with the Contract Administrator as necessary to effectuate the purposes of the Agreement, and must be available to respond to inquiries, job walks and inspections of the service areas as required. WORKFORCE Contractor shall pay all workmen engaged in the work, prevailing rates of wages for public works contracts, as determined by the Director of Industrial Relations of the State of California or Secretary of Labor for Federal Rates, whichever is greater. The Contractor shall provide sufficient personnel to perform all work in accordance with the Agreement. UNIFORMS Contractor’s personnel shall be clearly identifiable as an employee of the Contractor while working in the City by wearing clean and neat uniforms, complete with company name, logo and nametag. The Contractor shall require its personnel to wear proper PPE including but not limited to work shoes and other clothing and gear required by Federal and/or State of California Safety Regulations. VEHICLES AND EQUIPMENT Contractor shall provide an adequate number of vehicles and equipment to perform the Scope of Services. All vehicles shall conform to the highest industry standards, shall be maintained in a clean and efficient condition and shall comply with all measures and procedures promulgated by all agencies and jurisdiction. The Contractor’s vehicles shall be clearly identifiable by company name and logo, printed conspicuously on the vehicle. Each vehicle shall also bear a distinct identification number. COOPERATION WITH OTHER WORK FORCES Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral and essential work by other agencies, companies, and/or the city. The City, its workers and contractors, utility companies and others, shall have the right to operate within or adjacent to the work site during the performance of the Scope of Services.
The Contractor shall not be entitled to any additional compensation from the City for damages or delay resulting from such simultaneous, collateral, and essential work.
CLEANING AND ENVIRONMENTAL CONTROLS
Contractor shall comply with all applicable litter, pollution and environmental laws (National Pollutant Discharge Elimination System Regulations) while performing the Scope of Services.
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Contractor shall exercise every reasonable precaution to protect storm drains from pollution. The Contractor shall not discharge smoke, dust or any other pollutants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. PROTECTION OF PROPERTY Contractor shall be responsible for the protection of public and private property adjacent to each work site and shall exercise due caution to avoid damage to such property. Should any facility, structure, or property be damaged during the operations of the Contractor, the Supervisor shall immediately notify the property owner(s) or authorities.
Contractor shall repair or replace all existing improvements that are damaged because of its operations, at its own expense. The Contractor shall pay all damages and losses incurred. Repairs and replacements should be at least equal to existing improvements and shall match them in finish and dimension. Landscaping damaged by the Contractor’s operations shall be restored or replaced in as nearly the original condition and location as reasonably possible. TRAFFIC CONTROL – PUBLIC CONVENIENCE AND SAFETY Contractor shall comply with the requirements of the American Public Works Association Traffic Control Handbook, and the State of California Manual of Temporary Traffic Controls for Construction and Maintenance Work Zones, except as modified and supplemented below:
1. Contractor shall conduct its operations to offer the least possible obstruction and inconvenience to the public, and shall have underway, no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public.
2. Contractor shall maintain safe and adequate pedestrian and vehicular access to all properties. Access shall be continuous and unobstructed, unless otherwise approved by the Contract Administrator.
3. Contractor shall furnish and maintain all signs to safely guide the public through the project limits, as described herein, and as directed by the Contract Administrator.
4. Contractor’s employees working within the right-of-way shall always wear reflective vests. 5. Lane Closures. In compliance with the California Traffic Control Handbook, Contractor shall provide, at its own expense, all materials, equipment and trained personnel required for proper closure of one or more lanes of traffic on City streets. This shall include, but not limited to the provision of cones, delineators, barricades, traffic control signs, arrow boards, extra traffic personnel, etc.
6. Parking Restrictions. When necessary to facilitate the work, on-street parking of Contractor vehicles shall be restricted to within the work area limits, during the specified working hours, on weekdays only. Temporary “NO PARKING” signs shall be provided and posted by the Contractor not less than seventy-two (72) hours in advance of the start of work requiring said restriction. Temporary “NO PARKING” signs must clearly state the days, dates and hours when the parking restrictions will be in effect.
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PERMITS AND LICENSES Contractor shall obtain all applicable permits and licenses required by other agencies of the State of California and County of Los Angeles, as well as a City business license. All applicable permits and licenses shall be obtained by and at the expense of the Contractor and/or subcontractors (if applicable). NORMAL WORKING HOURS Unless otherwise approved by the City, work or activity of any kind shall be limited to the hours between 7:00 a.m. to 5:00 p.m. Monday through Friday. No noise from the work performed under this Agreement shall be permitted between the hours of 5:00 p.m. and 7:00 a.m. of the next day, pursuant to the City of Santa Fe Springs Municipal Code. No work shall be performed at night (5:00 p.m. to 7:00 a.m.), Saturday, Sunday or during City holidays as follows:
New Year’s Day, Martin Luther King Jr.’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Cesar Chavez’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve, Christmas Day, every day appointed by the President or Governor for a public holiday. When a holiday falls on Sunday, the following Monday shall be observed. If the holiday falls on Saturday, the previous Friday is observed. EMERGENCY WORK The City may call upon the Contractor to respond to an emergency that requires immediate attention during working hours and outside of working hours. The City will be the sole judge in determining an emergency. Contractor shall be required to respond to the emergency within one (1) hour of notification by the City DEDUCTIONS The City may withhold and/or deduct payment to such extent as may be necessary to protect the City from loss due to: 1. Work identified in the Work Order is defective, incomplete or not performed, including any maintenance not performed due to inclement weather and not rescheduled.
2. Claims filed or reasonable evidence indicating probably filing of claims for damages caused by the Contractor to private or public property.
3. Expenses incurred by the City to perform work required as identified in the Work Order that the Contractor performed in a defective or incomplete manner
PESTS AND DISEASES
Upon working on any tree known or suspected to be diseased or infested, Contractor shall disinfect all tools and cut surfaces after each cut and between trees. All material and debris shall be chipped to one inch (1″) or smaller and shall not be left on site or used as mulch off site. Debris shall be handled in a manner consistent with the latest version of all appropriate Best Management Practices (BMP) which minimizes the chances of spreading infection or infestation. No additional Tree Maintenance Services - Scope of Services
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charges for disinfection or special handling shall be allowed. PESTICIDE TREATMENT OF TREES (TREE HEALTHCARE) Contractor shall have an “in-house” Qualified Applicator apply chemicals in accordance with the recommendations from the “in-house” Agricultural Pest Control Advisor (PCA) and all applicable product labels and regulations. Applications will be made by drench, spray, or injection of soil or tree trunk as conditions warrant. City policy encourages the use of the least toxic pesticide required for effective control of a given pest. Contractor shall submit Pesticide Usage Reports to City at the end of each month summarizing the facilities treated, pests treated, pesticides used, pesticide application rates, man hours, and equipment. Reports will provide all information needed in a format sufficient for all annual reporting, including IPM and NPDES. MINOR MODIFICATIONS AND/OR ADDITIONAL WORK The City may modify this Scope of Work with the joint approval of the Contractor and the City administrator. Any modifications to the Scope of Services shall be in writing, incorporated as an amendment to the Agreement between the Contractor and the City and signed by all parties. If the City should require additional work beyond this Scope of Services, the Contractor shall provide a competitive quote for the work and the City shall approve the quote in writing prior to commencement of the additional work.
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Tree Maintenance Services E-1 Proposal
Attachment “B”
PROPOSAL
FOR
TREE MAINTENANCE SERVICES
IN THE CITY OF SANTA FE SPRINGS
To the Director of Public Works of the City of Santa Fe Springs, as City, In accordance with the City’s Request for Proposals for Tree Maintenance Services (RFP), the undersigned RESPONDENT hereby proposes to furnish all materials, equipment, tools, labor and incidentals required to perform the Tree Maintenance Services set forth in the Request for Proposal and to perform all work in the manner and time described therein. RESPONDENT declares that this original proposal is based on this RFP, and all other applicable documents. If this proposal is accepted for award, RESPONDENT agrees to enter into an agreement with the City of Santa Fe Springs at the price(s) set forth in the following Proposal.
RESPONDENT understands that a pricing proposal is required for the entire Scope of Services under this RFP, and that the price(s) and quote(s) includes all appurtenant expenses, overhead, taxes, royalties and fees. Erasures or other changes must be noted over the signature of the RESPONDENT.
Dated this day of , 2025.
RESPONDENT’S INFORMATION: Signature Name (Please Print or Type) Title Company Name Company Address ( ) Company Business Phone No. E-mail Address Pricing
Tree Maintenance Services E-2 Proposal
Attachment “C”
BID SCHEDULE
TREE MAINTENANCE SERVICES
IN THE CITY OF SANTA FE SPRINGS
ITEM UNIT EXTENDED
ESTIMATED
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
GRID TREE PRUNING
1. Grid Tree Trimming 2,500 EA $ $
GPS TREE INVENTORY / ONLINE MAINTENANCE ACCESS
2. GPS Tree Inventory and Software 1 LS $
SPECIAL REQUEST TREE PRUNING IN DBH
3. Extra Small Trees (0"-6") 1 EA $
4. Small Trees (7"-12") 1 EA $5. Medium Trees (13"-24") 1 EA $6. Large Trees (25"-30") 1 EA $7. Extra Large Trees (>31") 1 EA $8. Palm Trees 1 EA $9. Pine Trees 1 EA $
SPECIAL REQUEST TREE REMOVAL IN DBH
10. Extra Small Trees (0"-6") 1 EA $11. Small Trees (7"-12") 1 EA $12. Medium Trees (13"-24") 1 EA $13. Large Trees (25"-30") 1 EA $14. Extra Large Trees (>31") 1 EA $
SPECIAL REQUEST STUMP REMOVAL IN DBH
15. Extra Small Trees (0"-6") 1 EA $16. Small Trees (7"-12") 1 EA $17. Medium Trees (13"-24") 1 EA $18. Large Trees (25"-30") 1 EA $19. Extra Large Trees (>31") 1 EA $ Pricing
Tree Maintenance Services E-3 Proposal
Attachment “D”
ADDITIONAL SERVICES BID PRICE FORM
TREE MAINTENANCE SERVICES
ITEM
EXTRA WORK AND EMERGENCY RESPONSE
NO. DESCRIPTION UNIT PRICE
1. Emergency Call-out (3-man crew w/equipment) HOUR $ 2. Labor Rate HOUR $ 3. Crew Rental (3-man crew w/equipment) HOUR $ 4. Specialty Equipment Rental (100-ft Boom Truck) HOUR $ 5. Tree Healthcare- Trunk Injection 6. Tree Healthcare- Soil Injection 7. Tree Healthcare- Canopy Application PER TREE $ PER TREE $ PER TREE $
8. Arborist Services HOUR $ 9. Tree Inspection by Tree Risk Assessment Certified Personnel HOUR $ *NOTE: Equipment, supplies and materials shall be included in all the Hourly Rates for Extra Work and Emergency Call-Out for Tree Maintenance Services.
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Tree Maintenance Services E-1 Proposal
Attachment “E”
REFERENCES
Please list a minimum of three references for tree maintenance services that your company has completed under a contract awarded by the indicated public agency (Agency) within the past thirty-six (36) months. Include the Agency's name, address, telephone number, and contact person of responsible charge. Public Works contracts should be the primary preference. Complete information is important. The responding party’s qualifications and experience as well as quality, fitness and capacity of Contractor will be used as evaluation criteria and a determining factor in award of contract recommendation by the City Evaluation Committee. A lack of references or unsuitable summary of past performance as reported by references, may be considered by the City as sufficient reason to reject a Proposal under this RFP.
1. Agency:
Address:
Phone No.: Contact:
Email: Title: Project: Contract Term
2. Agency:
Address:
Phone No.: Contact:
Email: Title: Project: Contract Term
3. Agency:
Address:
Phone No.: Contact:
Email: Title: Project: Contract Term
4. Agency:
Address:
Phone No.: Contact:
Email: Title: Project: Contract Term
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Tree Maintenance Services E-2 Proposal
5. Agency:
Address:
Phone No.: Contact:
Email: Title: Project: Contract Term
NOTE: The Contractor may attach prepared reference sheets in lieu of completing this form.
Contract No. XXXXXXX
1 2025
CONTRACT SERVICES AGREEMENT
(Contractor: [NAME])
(Nature of Engagement: Tree Maintenance Services and GIS-Based Tree Maintenance and Inventory Management Tool)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 2025 (the “Effective Date”) by and between the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “CITY”) and [CONTRACTOR NAME] (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services and tasks necessary to achieve its purpose; and WHEREAS, CITY requires regular and emergency tree maintenance and removal services, and a GIS-based tree maintenance and inventory management tool; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows: Section 1. RecitalsThe Recitals set forth above and true and correct and incorporated herein to this Agreement by this reference.
Section 2. Term.
A. This Agreement shall have a term of three (3) years commencing on the Effective Date. Time is of the essence for this Agreement.
B. The City shall have the sole option to extend the Agreement term for two (2) additional, one (1) year terms. CITY will provide CONTRACTOR with written notice of CITY’s intent to exercise CITY’s option to extend the term of the Agreement no less than thirty (30) days prior to the expiration of the term or any prior extension term. In the event CITY exercises its option to extend this Agreement, all terms, conditions, and provisions of this Agreement shall remain in effect and govern the Contract No. XXXXXXX
2 duties, responsibilities, and liabilities of the parties hereto. CONTRACTOR shall provide CITY written acceptance to extend the Agreement term within ten (10) days of service of CITY’s written notice to extend the term.
C. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
Section 3. Scope of Work.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF CITY REQUEST FOR PROPOSAL” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “INSERT TITLE OF CONSULTANT PROPOSAL” (hereinafter, the “CONTRACTOR Proposal”). The term “Scope of Services” shall be a collective reference to the CITY RFP and CONTRACTOR Proposal. The capitalized term “Work” or “Services” shall be a collective reference to all the various services and tasks referenced in the Scope of Services, attached hereto as Exhibit “A” to this Agreement and incorporated herein by this reference. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.
B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
C. CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the Work to be performed under this Agreement; and (ii) has carefully considered how the Work should be performed. CONTRACTOR will inspect any location where the Work is to be performed and acquaint itself with the conditions of the location before commencing any of the Work requested by CITY.Should the CONTRACTOR discover any latent or unknown condition(s) which will materially affect the performance of the Work, CONTRACTOR shall immediately inform the CITY of such discovery and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and/or acceptance of the Work performed by CITY, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the Contract No. XXXXXXX
3 reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.
Section 4. Performance of Work.
A. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested; 2. The location of where the particular services or tasks are to be performed, if applicable;
3. A timeline for completing the requested services or tasks; 4. Any other information CITY deems necessary and relevant to the requested services or tasks; and
5. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONTRACTOR shall not perform any of the Services contemplated under this Agreement without a written Work Order request from the City Representative, containing the information set forth above. Once a written Work Order is received, CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the tasks and services as set forth in the Work Order or the Scope of Work. CONTRACTOR shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents.
C. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
D. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.
E. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
F. CONTRACTOR shall comply with all applicable federal, state, and local laws and regulations, including all applicable Cal/OSHA and wage law and regulations in the performance of this Agreement.
Section 5. Compensation.
A. CONTRACTOR shall be compensated for Work performed in accordance with the Schedule of Compensation, attached hereto as EXHIBIT “B” (the “Approved Rate Schedule”) and incorporated herein by this reference. The foregoing notwithstanding, CONTRACTOR’s total compensation may not exceed the aggregate sum of [TYPE Contract No. XXXXXXX
4 OUT DOLLAR AMOUNT] ($number) (hereinafter, the “Not-to-Exceed Sum”). In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
B. CONTRACTOR further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the Work requested by CITY.
C. Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the Work performed and completed during the recently concluded calendar month, including the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTOR’s monthly compensation is a function of hours worked by CONTRACTOR’s personnel, the invoice should identify the request or work order under which the Work was provided; the number of hours worked in the recently concluded calendar month; the personnel responsible for performing the Work performed; the rate of compensation at which such Work was performed, the subtotal for each Work performed and a grand total for all Work performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
Section 6. Standard of Care.
A. CONTRACTOR represents, acknowledges, and agrees as follows:
1. CONTRACTOR shall perform all Work consistent with and adhering to the professional standard of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality;
2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, permits, certifications and/or qualifications legally required to perform the Work and make the same available to CITY for copying and inspection;
3. CONTRACTOR shall perform and complete all Work in a manner that is reasonably satisfactory to CITY;
4. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all applicable schedules of performance; and Contract No. XXXXXXX
5 5. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and time to complete all Work as specified by the Scope of Work or other written order.
6. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing in the CITY Representative’s sole and absolute discretion.
B. CONTRACTOR acknowledges and agrees that CITY’s acceptance of any Work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. CONTRACTOR further acknowledges, understands, and agrees that CITY has relied upon the representations of CONTRACTOR under paragraph A of this Section, above, and that such representations were a material inducement to CITY entering into this Agreement with CONTRACTOR.
Section 7. Representatives.
A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be James Enriquez, Director of Public Works (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to keep the City Representative informed of the progress of all Work provided. CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. Except as otherwise provided under this Agreement, written notice to City Representatives shall constitute notice to the CITY.
B. Contractor Representative. For the purposes of this Agreement, [NAME, TITLE], is hereby designated as the primary representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the performance of all Work, using his/her best skill and attention. The Contractor Representative shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.
Section 8. Contractor’s Personnel.
Contract No. XXXXXXX
6 A. CONTRACTOR shall be solely responsible for the satisfactory performance of all personnel working on CONTRACTOR’s behalf in the performance of this Agreement.
B. If at any time during the term of this Agreement, CITY requests the removal of any of CONTRACTOR’s officers, employees, agents, contractors, subcontractors or subconsultants assigned by CONTRACTOR to perform on CONTRACTOR’s behalf under this Agreement, CONTRACTOR shall remove such officers, employees, agents, contractors, subcontractors or subconsultants immediately upon receiving notice from CITY.
C. CONTRACTOR shall be solely responsible for the payment of all wages and benefits owed to CONTRACTOR’s employees and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. CONTRACTOR shall also be solely responsive for the payment of all subcontractors acting on its behalf in the performance of this Agreement.
Section 9. Provisions Applicable to Work Constituting Public Works Under Labor Code Section 1720.
A. The provisions of this Section shall apply to the extent any of the Work to be performed by CONTRACTOR constitute a “public work” within the meaning of Sections 1720 et seq. of the Labor Code. CONTRACTOR is responsible for complying with Labor Code Sections 1720 et seq., which is briefly summarized in this Section.
B. Hours of Work.
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work subject to this Section shall constitute a legal day’s work under this Agreement.
2. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Work subject to this Section is limited to eight (8) hours during any one calendar day, and forty (40) hours during any one (1) calendar week, except in accordance with Labor Code Section 1815, which provides that work in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one (1) calendar week at not less than one-and-one-half times the basic rate of pay.
3. CONTRACTOR and its subcontractors shall forfeit as a penalty to the CITY Twenty Five Dollars ($25) for each worker employed in the performance of the Work subject to this Section for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one Contract No. XXXXXXX
7 calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of Labor Code Section 1810 et seq.
C. Wages.
1. In accordance with Labor Code Section 1773.2, the CITY has determined the general prevailing wages for the locality in which Work subject to the Section are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file at the CITY and shall be made available on request. CONTRACTOR and subcontractors engaged in the performance of the Work subject to this Section shall pay no less than these rates to all persons engaged in performance of the Work subject to this Section.
2. CONTRACTOR and any subcontractors engaged in performance of the Work subject to Labor Code Sections 1720 et seq. shall comply with Labor Code Section 1775, which establishes a penalty of up to Two Hundred Dollars ($200) per day for each worker engaged in the performance of the Work and where CONTRACTOR or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of CONTRACTOR or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of CONTRACTOR or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by CONTRACTOR or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if CONTRACTOR or subcontractor had knowledge of their obligations under the California Labor Code. CONTRACTOR or subcontractor shall pay the difference between the 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. If a subcontractor worker engaged in performance of the Work subject to Labor Code Sections 1720 et seq. is not paid the general prevailing per diem wages by the subcontractor, CONTRACTOR is not liable for any penalties therefore unless CONTRACTOR had knowledge of that failure or unless CONTRACTOR fails to comply with all of the following requirements:
(i) The contract executed between CONTRACTOR and the
subcontractor for the performance of part of the Work subject to Labor Code Sections 1720 et seq. shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (ii) CONTRACTOR shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
Contract No. XXXXXXX
8 (iii) Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, CONTRACTOR shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the Work subject to this Section. (iv) Prior to making final payment to a subcontractor, CONTRACTOR shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the Work subject to this Section and any amounts due pursuant to California Labor Code Section 1813.
3. In accordance with Labor Code Section 1776, CONTRACTOR and each subcontractor engaged in performance of the Work subject to Labor Code Sections 1720 et seq. shall keep accurate payroll records showing the name, address, social security number, work, 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 in performance of the Work subject to Labor Code Sections 1720 et seq. 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:
(i) The information contained in the payroll record is true and correct.
(ii) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to Labor Code Section 1776 shall be certified and shall be available for inspection by the CITY and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with Labor Code Section 1776.
4. In accordance with Labor Code Section 1777.5, CONTRACTOR, on behalf of itself and any subcontractors acting on CONTRACTOR’s behalf in performance of the Work subject to Labor Code Sections 1720 et seq., shall be responsible for ensuring compliance with Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
5. In case it becomes necessary for CONTRACTOR and any subcontractors performing Work on CONTRACTOR’s behalf to employ for the Work subject to Labor Code Sections 1720 et seq. any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, CONTRACTOR shall Contract No. XXXXXXX
9 pay the minimum rate of wages specified therein for the classification which most nearly corresponds to specific Work subject to Labor Code Sections 1720 et seq. to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
Section 10. Conflicts of Interest.
A. CONTRACTOR may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONTRACTOR in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
B. CONTRACTOR will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.). CONTRACTOR shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code Section 1090 et seq. CONTRACTOR warrants and represents that no owner, principal, partner, officer, or employee of CONTRACTOR is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONTRACTOR was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONTRACTOR warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code Section 1090 et seq., the entire Agreement is void and CONTRACTOR will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONTRACTOR will be required to reimburse the CITY for any sums paid to CONTRACTOR. CONTRACTOR understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code Section 1090.
C. CONTRACTOR warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty.
Section 11. Independent Contractor. CONTRACTOR shall at all times in the performance of this Agreement be an independent contractor and shall not be an employee of CITY or engaged in any joint venture relationship with the CITY.
Contract No. XXXXXXX
10 CONTRACTOR shall determine the method, details, and means of performing all of the Work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors performing the Work under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits. Section 12. Non-Discrimination.
A. CONTRACTOR represents that it is an equal opportunity employer and shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any Work provided by CONTRACTOR under this Agreement. CONTRACTOR shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Work that is the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of CONTRACTOR thereby.
B. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated hereunder (Cal. Code Regs., Title 2, §11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900 et seq., set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. CONTRACTOR shall include the nondiscrimination and compliance provisions of this Section in all subcontracts to provide the Work under this Agreement.
Section 13. Indemnification and Duty to Defend.
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of Contract No. XXXXXXX
11 action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants, or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify the Indemnitees against any such negligence. The foregoing notwithstanding, nothing in this Section shall be construed to encompass (i) Indemnitees' sole negligence or willful misconduct to the extent that the Agreement is subject to Civil Code Section 2782(a), or (ii) CITY’s active negligence to the extent that the underlying Agreement is subject to Civil Code Section 2782(b).
B. CONTRACTOR agrees, at its sole cost and expenses, to promptly defend Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever. The duty of CONTRACTOR to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees. CONTRACTOR’s obligation to defend the Indemnitees shall be at CONTRACTOR’s sole expense, and not be excused because of CONTRACTOR’s inability to evaluate liability or because the CONTRACTOR evaluates liability and determines that the CONTRACTOR is not liable. This duty to defend shall apply whether a claim, demand, cause of action, or proceeding has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively or concurrently negligent, or which otherwise assert that the Indemnitees are responsible, in whole or in part, for any damage, cost, expense, liability, claim, demand, cause of action, proceeding, expense, judgement, penalty, or lien. CONTRACTOR agrees to provide this defense immediately upon written notice from CITY with well qualified, adequately insured and experienced legal counsel acceptable to the CITY. Should conflict of interest principles preclude a single attorney from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s attorney unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys’ fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the Indemnitees with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless, or wrongful act, omission, or performance.
C. Attorneys and other professionals employed by CONTRACTOR to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any Contract No. XXXXXXX
12 prior, concurrent, or subsequent active or passive negligence by the Indemnitees. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR because of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
D. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend Indemnitees from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
E. CITY does not and shall not waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement.
F. The indemnification duty established under this Section is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. The hold harmless and indemnification provisions of this Section shall apply regardless of whether any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
G. Payment is not required as a condition precedent to an Indemnitee's right to recover under the indemnification provisions of this Section, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under such indemnification provisions. CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision.
H. CONTRACTOR’s obligations under this Section or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws.
I. The provisions of this Section shall survive the termination or expiration of this Contract No. XXXXXXX
13 Agreement and the completion of all Work contemplated under this Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement.
Section 14. Insurance.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss, or damage.
2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Worker’s Compensation insurance as required by the State of California.
B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII.
D. Prior to commencement of any Work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. CONTRACTOR warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Section on ACORD25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. CONTRACTOR acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.
E. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
F. The general liability and automobile policies of insurance shall contain an Contract No. XXXXXXX
14 endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.
All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
G. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
H. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or subconsultants from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
I. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
J. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
K. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 13 of this Agreement.
L. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.
M. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Section shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
Contract No. XXXXXXX
15 Section 15. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the Work hereunder, and the CITY shall have access to such records in the event any audit is required. This Section shall survive the termination or expiration of the Agreement. Section 16. Termination.
A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Upon such termination for convenience, CONTRACTOR will be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager, or the Assistant City Manager. CONTRACTOR may only terminate this Agreement for cause as provided herein. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data and other information of any kind prepared by CONTRACTOR in connection with the performance of the Services. CONTRACTOR will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; Contract No. XXXXXXX
16 (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect.
1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default; that the Event of Default cannot be reasonably cured within the 30-day cure period; and CONTRACTOR is diligently pursuing to cure the Event of Default. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing Contract No. XXXXXXX
17 notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or iii. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR Contract No. XXXXXXX
18 be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Work required by this Agreement.
Section 17. Force Majeure. Performance of Work under this Agreement may be waived in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section. Section 18. Confidentiality. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONTRACTOR without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY. Section 19. Notices. Except as otherwise expressly provided in this Agreement, all notices permitted or required under this Agreement shall be given to the respective Parties must be in writing and may be given personally, by registered or certified mail (return receipt requested), Federal Express, UPS or other similar couriers. If notice is personally delivered, the notice shall be deemed to have been given and received on the date notice was given. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received three (3) days after the notice is deposited in the United States mail. If notice is given by Federal Express, UPS, or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on the receipt issued by the courier. Notice shall be provided to the following addresses:
If to CITY: If to CONTRACTOR:
City of Santa Fe Springs 11710 Telegraph Road Santa Fe Springs, CA 90670 Attn: James Enriquez,
Director of Public Works
Phone: (526) 868-0511
[CONTRACTOR NAME] [ADDRESS]
Attn: [NAME, TITLE]
Phone: (xxx) xxx-xxx
Contract No. XXXXXXX
19 Section 20. Assignment. The skills, training, knowledge, and experience of CONTRACTOR are material to CITY’s willingness to enter into this Agreement.
Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 21. Attorneys’ Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys’ fees. Section 22. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document attached or incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR. Section 23. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of CONTRACTOR each represent and warrant that they have the legal power, right and actual authority to bind CONTRACTOR to the terms and conditions of this Agreement. Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California. Section 25. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect Contract No. XXXXXXX
20 upon the construction or interpretation of any provision herein. Section 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.Section 28. No Third-Party Benefit. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Contract No. XXXXXXX
21 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF SANTA FE SPRINGS: By:
René Bobadilla City Manager Date:
[CONTRACTOR]: By: ______________________________ Name:____________________________ Title:_____________________________ Date:
ATTEST: By:_____________________________
Fernando Muñoz City Clerk
Date:
APPROVED AS TO FORM: By:_____________________________
Rick Olivarez City Attorney
Date:
Contract No. XXXXXXX
22 EXHIBIT “A”
SCOPE OF SERVICES
Contract No. XXXXXXX
23 EXHIBIT “B”
SCHEDULE OF COMPENSATION
ITEM # 20
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Gus Hernandez, Director of Parks & Recreation
SUBJECT: AUTHORIZE TRANSFER OF FUNDS FROM HERITAGE ARTS FUND TO
AUDIO/VISUAL PROJECT FUND
DATE: April 1, 2025
RECOMMENDATION(S):
It is recommended that the City Council:
1) Authorize a transfer from the Heritage Arts Fund (Fund 2510) to the Capital Project Fund 4154 (Project Number CS250001) Audio and Visual Equipment Upgrades in the amount of $200,000; and
2) Authorize an appropriation adjustment to account 4154 Project Number CS250001 (Audio and Visual Equipment Upgrades) for art-related enhancements; and
3) Take such additional, related action that may be desirable.
FISCAL IMPACT
The transfer of $200,000 from Fund 2510 (Heritage Arts Fund) to Capital Project Fund 4154 (Project Number CS250001 – Audio and Visual Equipment Upgrades) will introduce digital art-related enhancements within the scope of the existing project. No additional funding is requested, as this transfer will cover the expenses related to integrating the arts component. The Heritage Arts Fund has adequate resources to support this reallocation.
BACKGROUND
The City of Santa Fe Springs has a longstanding commitment to supporting the arts, both through community programming and the preservation and display of its cultural assets.
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
The Heritage Arts Fund (Fund 2510) was established to support projects that celebrate, promote, and preserve the City’s artistic and cultural heritage. Concurrently, the City has identified the need to upgrade its audio and visual (A/V) equipment across multiple civic facilities to enhance service delivery and programming capabilities. Project CS250001, currently funded through Capital Project Fund 4154, was developed to modernize the A/V systems used in city facilities for public meetings, presentations, events, and exhibitions.
ANALYSIS
This item was presented to the Heritage Arts Advisory Committee on February 25, 2025, and was unanimously recommended for approval. As part of the Audio and Visual Equipment Upgrades project, City staff identified an opportunity to enhance public access to art through digital displays. These enhancements will allow the City to showcase its existing art collections, highlight cultural pieces at events, and feature rotating digital exhibits at civic facilities—modernizing how art is shared with the community.
A proposed $200,000 transfer from the Heritage Arts Fund will support digital display systems for City-owned artwork, content creation and curation, infrastructure for future rotating exhibits, equipment integration for cultural programming.
ENVIRONMENTAL
N/A
DISCUSSION
Integrating digital art enhancements into the Audio and Visual Equipment Upgrades project offers a modern way to showcase the City’s cultural and artistic assets. This approach allows existing artwork and heritage pieces to be displayed across civic facilities and events in an engaging, accessible format. Utilizing A/V technology expands public access to art, supports rotating digital exhibits, and promotes community identity. The transfer of funds from the Heritage Arts Fund ensures that these enhancements remain aligned with the City's commitment to cultural enrichment. This initiative also supports storytelling, education, and inclusion through the arts.
SUMMARY/NEXT STEPS
Upon City Council approval, $200,000 will be transferred from Fund 2510 (Heritage Arts Fund) to Project CS250001 (Audio and Visual Equipment Upgrades Project). Following the fund transfer, City staff will begin curating displays to use across City facilities.
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
ATTACHMENT(S):
A. Presentation to Heritage Arts Advisory Committee
B. Minutes from the February 25, 2025 Heritage Arts Advisory Committee meeting ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
2/25/2025
1 HERITAGE ARTS ADVISORY COMMITTEE FEBRUARY 25, 2025
ART IN A DIGITAL AGE
1 2
Attachment A
2 ART IN A DIGITAL AGE
ART IN A DIGITAL AGE
3 4
3 ART IN A DIGITAL AGE
BEALL CENTER FOR ART & TECHNOLOGY
ART IN A DIGITAL AGE
SALESFORCE EAST LOBBY
5 6
4 ART IN A DIGITAL AGE
GOOGLE HEADQUARTER
ART IN A DIGITAL AGE
UNITED NATIONS-AI POWERED DIGITAL ART
7 8
5 AV EQUIPMENT
DIGITAL LED WALLS AMPLIFIERS
TV/MONITORS PROJECTORS
SCREENS SPEAKERS
HERITAGE ARTS ADVISORY COMMITTEE
MIXING BOARDS
INTERACTIVE DISPLAYS
MICROPHONES
FACILITIES FOR PROJECT
BETTY WILSON CENTER
CITY LIBRARY
GUS VELASCO NEIGHBORHOOD CENTER
TOWN CENTER HALL
TOTAL PROJECT COST
$329,000
9 10
6 HOW DOES
THIS
RELATE TO
SFS?
HERITAGE ARTS ADVISORY COMMITTEE
ENHANCE GUS VELASCO NEIGHBORHOOD CENTER
SUPPORT AND ENHANCE CHALK IT OUT EVENT
USE CITY OWNED TV MONITORS AT ARTFEST (VS. RENTING EQUIPMENT)
ATTRACT PARTNERSHIPS AND POTENTIAL FUNDING FOR CITY
ALIGNMENT WITH HERITAGE ARTS ADVISORY COMMITTEE’S MISSION
PRESERVE AND PROMOTE HERITAGE AND CULTURE IN SANTA FE SPRINGS
INCREASE OPERATIONAL EFFICIENCY FOR CITY STAFF THAT DIRECTLY
WORK WITH ART PROGRAMMING
ENCOMPASS COMMUNITY ART PROJECTS AND LESSONS AT DAY CAMP AT BETTY
WILSON CENTER, AND CHILDRENS PROGRAMMING AT LIBRARY
SHOWCASE DIGITAL ART IN LOBBY DISPLAYS ACCROSS FACILITIES 11 12
7 FACILITIES FOR PROJECT
BETTY WILSON CENTER
CITY LIBRARY
GUS VELASCO NEIGHBORHOOD CENTER
TOWN CENTER HALL
TOTAL PROJECT COST
$329,000
SEEKING FROM HERITAGE ARTS FUND
$100,000
Thank You
So Much! ADVISORY COMMITTEE HERITAGE ARTS
13 14
1 HERITAGE ARTS ADVISORY COMMITTEE
Gus Velasco Neighborhood Center, Meeting Room #1
Meeting of Tuesday, February 25, 2025
9:00 a.m.
MINUTES
1. CALL TO ORDER
Chairperson, Gabriel Jimenez, called the meeting to order at 9:02 a.m.
2. ROLL CALL
Members Present: Gabriel Jiménez, Sally Gaitan, Hilda Zamora, Peggy Radoumis, Isabel Cervantes, Gloria Maghame, Lisa Chavarria
Members Absent: Debbie Baker and Elena Lopez
Staff: Maricela Balderas, Director of Community Services Gus Hernandez, Parks and Recreation Director
Ed Ramirez, Community Services Manager
Kaili Torres, Community Services Manager
Kevin Sanchez-Reyes, Community Services Supervisor
Herendira Magana-Santoyo, Program Coordinator II
Genevieve Duenas, Administrative Assistant
Guests: None.
3. PLEDGE OF ALLEGIANCE – Gloria Maghame
4. ORALCOMMUNICATIONS
NONE
5. APPROVAL OF MINUTES
A motion was made by Hilda Zamora and seconded by Peggy Radoumis to approve the minutes for the November 26, 2024 meeting.
6. PUBLIC WORKS DEPARTMENT REPORT
None
7. PRESENTATION
None
8. COMMUNITY DEVELOPMENT DEPARTMENT
None
9. ART FEST SUBCOMMITTEE REPORT – ED RAMIREZ
2 Mr. Ramirez informed members the 2025 SFS Art Fest preparations are moving forward with several key updates.
• Artist participation is already underway with applications rolling in, and student involvement is growing through local schools.
• The event will feature multiple components, including film, comic art, and breakdancing.
• Herendira Magana is handling artist submissions in-house this year, and the featured artists from last year's People's Choice Award, Mike and Robin Yakataki, will be highlighted.
• Despite a few setbacks, such as a comedian not available this year and scheduling conflicts with the Gabrielino Tongva Indians, the event is progressing well. • Entertainment will include diverse bands, and vendor applications are being received.
• Logistics are being refined with improvements to the event layout to include additional seating for the food.
• Sponsorships are strong, with $22,000 raised so far.
• The Chamber's networking event on March 20th will further promote the Art Fest event.
10. EXECUTIVE SECRETARY REPORT
Executive Secretary, Ed Ramirez, reported on the following:
a) New members were appointed to the Heritage Arts Advisory for the next two years:
• Gabriel Jimenez was nominated and elected as Chairperson • Sally Gaitan was nominated and elected as Vice Chairperson. • A subcommittee was also formed to assist with Art Fest planning, consisting of Isabel Jimenez, Sally Gaitan, and Hilda Zamora.
• Members were informed of key operational changes to City Advisory committees, under revisions to Ordinance No. 1151 and Resolution No. 9942. These include allowing membersfour absences and changing the meeting schedule to six times a year. In addition, the requirement for background checks of advisory members are under review by City Attorney and all members a serve two-year terms. • Members were introduced to changes to the facility reservation use policy, including a new down payment for rentals, mandatory insurance, and adjusted fees based on participants and alcohol service. Non-profits organizations in Santa Fe Springs may qualify for a fee waiver, and discounts are available for residents at certain facilities.
b) Approval of Heritage Arts Fund (2910 & 2510) Financial Report October, a motion was made by Hilda Zamora and seconded by Sally Gaitan.
c) Approval of Heritage Arts Fund (2910 & 2510) Financial Report November, a motion was made by Isabel Cervantes and seconded by Peggy Radoumis. d) Approval of Heritage Arts Fund (2910 & 2510) Financial Report December, a motion was made by Isabel Cervantes and seconded by Sally Gaitan. e) Approval of Heritage Arts Fund (2910 & 2510) Financial Report January, a motion was 3 made by Hilda Zamora and seconded by Sally Gaitan.
11. OLD BUSINESS
a) Snake Basket Fountain Update
Mr. Ramirez shared that the fountain has been functional since November, and the final restoration is underway. Joseph and Sons, experts in mosaic tiles, are repairing and reinstalling tiles imported from Mexico to restore the fountain to its original look.
The project will cost just over $21,000 and is expected to be completed by the end of March, weather permitting. While fountain repairs were completed last year, the focus is now on the fountain's appearance. An additional $2,500 will address calcium buildup and take place at a later time. Updates will continue to follow.
12. NEW BUSINESS
a) Audio Visual Technology and Equipment Presentation
Director of Parks and Recreation, Gus Hernandez presented a proposal to enhance city facilities with new audio visual equipment which will allow for an efficient and consistent ability to provide presentations. The AV equipment will also provide the ability for digital art displays and promote the Heritage Arts in Public Places Program.
The total cost of the equipment is $329,000 with Mr. Hernandez requesting $100,000 in funding from the Art and Education Fund (Fund 2510).
Members of the advisory were supportive of the new equipment. A motion was made by Gabriel Jimenez to increase the amount to $200,000 and seconded by Hilda Zamora; all members were in favor.
b) Box Car Mural for Artwork Contest
Mr. Ramirez and Mr. Sanchez discussed promoting the mural contest in local schools.
While some board members emphasized the importance of preserving the mural’s historical integrity, others supported involving young artists. The advisory committee will review submissions on April 29, 2025 and recommend selections to the City Council ensuring the contest criteria uphold the city’s history, culture and values. c) Chalk It Out
Mr. Ramirez invited advisory members to judge the Chalk-It Out event on March 22nd at Town Center Hall Plaza. Heren Magana shared event details, including library popups, arts and crafts. Open to school-aged children and teens, the contest will highlight creativity, originality, and construction. Members are encouraged to RSVP and participate.
d) Cannon Ball Art Piece
Mr. Ramirez provided an update to the committee regarding the replacement of the stolen cannonball artwork at the aquatic center. The City Manager's Office is currently reviewing the insurance coverage to determine the next steps. Meanwhile, the artist, who still holds the casting for the original piece, has expressed a willingness to recreate it in bronze, with an estimated cost of just under $30,000. e) Orange Harvest Removal
4 Mr. Ramirez reported the successful removal of the Orange Harvest Sculpture, which had fallen into disrepair and was considered a safety hazard. The advisory board approved a payment of $3,500 for the removal, and the project is now officially completed. While members express sadness over the loss of the sculpture, they acknowledge the necessity of its removal due to its deteriorated condition. The sculpture, originally installed in the early 1980s, had become a significant part of the community, but safety concerns made this decision unavoidable.
13. DEPARTMENT OF COMMUNITY SERVICES PROGRAMS REPORT
Mr. Ramirez, reported on the following items:
• Library’s First Friday will take place March 7th @ 7:00 p.m. • Adaptive Recreation Dance will be March 22nd from 9:00 a.m. to 12:00 p.m. • Children’s Clothing Drive will be from March 10th- 14th • Children Boutique/Prom pop-up will be on March 26th from 12:30 p.m. – 4:00 p.m.
14. FUTURE AGENDA ITEMS
a. Oilfield Workers, the Wonderland in All of Us, and the Wicker Parlor Restoration Update
b. Entry for the 2026 Rose Float Parade.
15. MEMBER COMMENTS/ANNOUNCEMENTS
• The members welcomed new and returning members and expressed excitement for the upcoming year.
• Gloria Maghame announced the Women's Club's Quarter Mania event on April 6 Th
and invited members to participate.
• Members congratulated Lisa Chavarria on joining the Heritage Arts Advisory Committee.
16. ADJOURNMENT
Chairperson Gabriel Jiménez adjourned the meeting at 11:19 a.m.
Next Meeting: Tuesday, March 25, 2025, at 9:00 a.m. at the Gus Velasco Neighborhood Center.
Prepared by: Genevieve Duenas, Approved by: Ed Ramirez, Administrative Assistant Executive Secretary
5 ITEM # 21
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Maricela Balderas, Director of Community Services
SUBJECT: AUTHORIZATION TO AWARD CITY WEBSITE DEVELOPMENT RFP 25- 6 TO CIVICPLUS
DATE: April 1, 2025
RECOMMENDATION(S):
It is recommended that the City Council:
1) Authorize the award of RFP 25-6 to CivicPlus for City Website Development; and 2) Authorize a contract with CivicPlus, in an amount not to exceed $125,291, for a three-year term in an agreement approved by the City Attorney; and 3) Take such additional, related action that may be desirable.
FISCAL IMPACT
The City Website Development implementation, maintenance, and hosting will cost $125,291 over a three-year term. The initial development and implementation in year one is a total of $61,196 to be paid 70% upfront and 30% upon the completion and launch of the new website. Therefore, in Fiscal Year (FY) 2024-25 the City will be required to expend $42,837 on the project. FY 2024-25 approved budget includes sufficient funds in the Community Services Contractual Services Account No. 10105199-542050 for these costs. The maintenance and hosting fees for the following two FYs will be included in the proposed FY 2025-26, and 2026-27 budgets for approval by City Council.
BACKGROUND
The Santa Fe Springs City Council authorized the issuance of Request for Proposals (RFP) 25-6 on September 3, 2024, to identify a qualified firm to develop a new City website. This initiative aims to create a user-friendly, innovative, and easily navigable website that enhances public access to City services. Additionally, the project will CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
AUTHORIZATION TO AWARD CITY WEBSITE DEVELOPMENT RFP 25-6 TO
CIVICPLUS
consolidate the City’s three existing websites—the main City site, the Santa Fe Springs Library site, and the Heritage Arts site—into a single, cohesive platform. Each section will retain its distinct look and feel while operating under the main City website, allowing patrons to navigate seamlessly without switching between multiple URLs.
The City advertised the RFP on September 3, 2024, with proposals due by October 10, 2024. A total of 17 proposals were received, with bid prices varying and a median bid of approximately $92,000. One proposal was disqualified for non-compliance with RFP 25- 6 guidelines, leaving 16 qualified vendors for evaluation.
A selection panel comprised of staff from various departments reviewed the proposals based on qualifications, ease of use of the proposed content management system, references, work samples, and cost-effectiveness. The top four candidates underwent further assessment by AEF Consulting, Inc. (AEF), a firm specializing in municipal Information Technology services in Southern California. AEF evaluated the technical specifications of each proposal and provided a recommendation report to ensure the vendors could deliver the required services.
Following this assessment, the top three bidders were invited to present their proposals to City staff from Public Works, Community Development, Finance, the City Manager’s Office, Parks and Recreation, and Community Services. These presentations were evaluated for clarity, functionality, and ease of use of the proposed website solutions.
ANALYSIS
Following a competitive Request for Proposal (RFP) process, the City has selected CivicPlus to develop the new municipal website. CivicPlus was chosen from a pool of 16 bidders due to its extensive experience in municipal website development, user-friendly platform, and advanced functionality. The contract will be for a period of three years and will include enhanced user engagement and support.
A modernized City website will significantly improve community engagement and ensure that municipal information is more accessible and easy to find. The new website will feature a specialized search engine that enhances the ability to find information quickly, along with improved organization and categorization of content. The integration of an AIpowered chatbot will provide real-time assistance, answering frequently asked questions and directing users to the appropriate resources.
The website’s enhanced functionality will also improve transparency by streamlining access to public records, City Council agendas, meeting minutes, and municipal services.
Integration with social media archiving software will allow residents to search for past City announcements and updates, further increasing accessibility to important information.
By leveraging modern web technologies and best practices, the new City website will serve as a dynamic hub for civic engagement, ensuring that residents, businesses, and CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 1, 2025
AUTHORIZATION TO AWARD CITY WEBSITE DEVELOPMENT RFP 25-6 TO
CIVICPLUS
visitors can easily connect with City services and stay informed about local government initiatives.
ENVIRONMENTAL
NA
DISCUSSION
NA
SUMMARY/NEXT STEPS
Upon City Council's approval of the award to CivicPlus, City staff will work to execute the agreement, schedule an initial kickoff meeting with CivicPlus to outline project timelines, milestones, and deliverables. City staff will also provide regular updates to the City Manager’s Office on the progress of the website development to ensure that the project is completed within the approved timeline.
ATTACHMENT(S):
A. Website Development Agreement
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
REV012024 Page 1 of 17 CivicPlus, LLC
CITY OF SANTA FE SPRINGS
DESIGN PROFESSIONAL SERVICES AGREEMENT
WITH
CIVICPLUS
This Professional Services Agreement (“Agreement”) is made and effective as of March 31, 2025 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City/Customer”) and CivicPlus, LLC, a Kansas limited liability company, (“Consultant/CivicPlus”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until the services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services described and set forth in the Statement of Work and associated response proposal provided by Consultant, attached hereto as Exhibit “A,” and incorporated herein as though set forth in full (“Services”). This Agreement shall also be subject to the terms and conditions outlined in the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions available at https:// www.civicplus.help/hc/en-us/p/legal-stuff (the “CivicPlus Terms”). In the event of any conflict or inconsistency between the terms of this Agreement and the CivicPlus terms, the terms of this Agreement shall take precedence. To the extent that Exhibit “A” contains provisions inconsistent with this Agreement, the provisions of this Agreement shall govern.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.
4. CITY MANAGEMENT
The City Manager designates the Community Services Director to represent the City in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.
5. PAYMENT
Attachment 1
REV012024 Page 2 of 17 CivicPlus, LLC
A. City agrees to pay Consultant in accordance with the Consultant’s Statement of Work as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full. This amount shall not exceed ONE
HUNDRED TWENTY-FIVE THOUSAND TWO-HUNDRED NINETY-ONE
DOLLARS AND NO CENTS ($125,291.00) for the total term of the Agreement, unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Community Services Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices in accordance with the SOW. Consultant agrees to participate in the City’s Electronic Funds Transfer program and to receive electronic payments for the Services. Payment shall be made within thirty (30) days of the date of each invoice
6. TERMINATION OF AGREEMENT WITHOUT CAUSE
The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least sixty (60) days’ prior written notice before the end of the current term. Upon receipt of said notice, Consultant shall immediately cease all Services under this Agreement, at the end of the term.
7. DEFAULT OF PARTIES
If either Party is in default in the performance of any of the material terms or conditions of this Agreement, the non-breaching Party shall serve the breaching Party a written notice of the default. The breaching Party shall have thirty (30) days after service of said notice to cure the default. In the event that the breaching Party fails to cure the default within such period of time or fails to present the nonbreaching Party with a written plan for the diligent cure of default if such default cannot be cured within thirty days, the non-breaching Party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with REV012024 Page 3 of 17 CivicPlus, LLC
generally accepted accounting principles and shall be clearly identified and readily accessible. Solely for bookkeeping purposes, Consultant shall provide access, and the City’s expense to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts or copies therefrom as necessary; and shall allow inspection of all Services, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon full and complete payment of amounts owed for project development under the applicable SOW, the City will own any website graphic designs, Services content, module content, importable/exportable data, and archived information (“City Content”) created by CivicPlus on behalf of the City pursuant to this Agreement. “City Content” also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which the City provides to CivicPlus for processing, transmission, storage, or inputs into any website, software, or module in connection with any Services. City Content excludes any content in the public domain and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise.
C. Upon completion of the project development, the City will take over the management and control of the Services and the City will assume full responsibility for City Content maintenance and administration. The City, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all City Content. The City hereby grants CivicPlus a worldwide, nonexclusive right and license to reproduce, distribute and display the City Content as necessary to provide the Services. The City represents and warrants that the City owns all City Content or that the City has permission from the rightful owner to use each of the elements of City Content and that the City has all rights necessary for CivicPlus to use the City Content in connection with providing the Services. The City agrees that CivicPlus shall not be responsible or liable for the content of messages created by the City or by the City’s Users or end-users who access Service. Notwithstanding the foregoing, CivicPlus retains the right, but not the obligation, to remove any City Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third-party rights.
D. At any time during the term of the applicable SOW, the City may, depending on the specific CivicPlus solution procured under such SOW, have the ability to download the City Content and export the data processed through the Services REV012024 Page 4 of 17 CivicPlus, LLC
(“City Data”) for no additional cost. If the City is using a CivicPlus solution that does not support the City’s unilateral export capabilities, the City may request CivicPlus to perform the export of City Data and provide the City Data to the City in a commonly used format, upon reasonable notice. Upon termination of the applicable SOW for any reason, whether or not the City has retrieved or requested the City Data, the City will not have access to the Services.
CivicPlus, as the Data Custodian, reserves the right to permanently and definitively delete the City Content and City Data held in the Services thirty (30) days following termination of the applicable SOW in accordance with data retention laws and policies.
E. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software source code, documents, and materials used in performing the Services (“CivicPlus Property”) will remain the property of CivicPlus. CivicPlus Property specifically excludes Customer Content. The City shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than the City, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the software source code to all or any portion of the Services; (v) make any attempt to gain unauthorized access to the Services and/or any of CivicPlus’ systems or networks; or (vi) access any CivicPlus Property in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement.
F. Provided the City complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth herein, CivicPlus hereby grants the City a limited, nontransferable, nonexclusive, non-assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that the City is using the Services for legitimate business use as intended by the purpose of the Services; and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. The City hereby warrants and affirms its purpose in accessing or otherwise using the Services REV012024 Page 5 of 17 CivicPlus, LLC
is for their intended purpose only and understands and agrees that any other use may be considered fraud.
9. INDEMNIFICATION AND DEFENSE
A. To the fullest extent permitted by law, Consultant shall indemnify, and defend, the City and any and all of its officials, employees and agents(“Indemnified Parties”), at Consultant’s sole expense, from and against any and all third party claims, losses, liabilities, damages, costs, and expenses, including reasonable attorney’s fees and necessary costs, to the extent they arise out of the gross negligence, recklessness, or willful misconduct of Consultant. - Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by the City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to City.
B. CivicPlus will defend at its expense or settle any third-party claim against Customer alleging that the Services provided under this Agreement infringe intellectual property rights. CivicPlus will pay infringement claim defense costs, CivicPlus–negotiated settlement amounts, and damages finally awarded by a court. CivicPlus has no obligation for any claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement.
CivicPlus’s indemnification obligations under this Section are conditioned upon the Customer: promptly notifying CivicPlus of any claim in writing; cooperating with CivicPlus in the defense of the claim; and granting CivicPlus sole control of the defense or settlement of the claim.
The indemnification obligations of CivicPlus herein shall not apply to any claims of intellectual property infringement related to Customer Content.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “B” attached hereto and made a part of this Agreement.
11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be REV012024 Page 6 of 17 CivicPlus, LLC
under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder.
Consultant shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement.
12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of applicable State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. The City and its officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO CITY EMPLOYEES
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No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public or compelled by court order, subpoena, or as otherwise required by law.
Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City.
B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) email; or (iv) mail by the United States Postal Service, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
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To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Maricela Balderas,
Community Services Director
[email protected]
To Consultant: CivicPlus, LLC
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Attention: Contracts Department ]
17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Notwithstanding the foregoing, Consultant may assign and transfer all of its rights under this Agreement by a sales of a majority of its assets or merger. If Consultant assigns this Agreement pursuant to such a sale or merger, the City shall have the right to terminate this Agreement for convenience upon no less than 30 days' prior written notice if the City reasonably determines that the assignment materially changes the Consultant’s identity or structure in a manner the City deems unacceptable. In such event, Consultant shall be entitled to payment for all services properly performed through the effective date of termination.
Before obtaining any subconsultant specifically for this Agreement, Consultant shall provide the City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
Notwithstanding the foregoing, it is understood Consultant procures service providers to support the services it offers and the foregoing does not apply to such service providers.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.
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20. ENTIRE AGREEMENT
This Agreement, and its attachments contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.
22. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
23. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
24. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
25. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver REV012024 Page 10 of 17 CivicPlus, LLC
of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
26. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.