FOR THE COUNCIL MEETING OF MAY 2, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: AWARD OF BID FOR PHASE I OF THE VETERANS MEMORIAL PARK IMPROVEMENTS PROJECT, BID NO. 2023104
RECOMMENDATION:
That the City Council adopt a Resolution awarding a bid to RDZ Contractors, Inc., in the amount of $588,669, for the construction of Phase I of the Veterans Memorial Park Improvements Project, Bid No. 2023/04.
BACKGROUND:
Under the direction of the City of Santa Maria Recreation and Parks Department. the project was designed by Baxter Miller Landscape Architects and Bethel Engineering. The scope of work for Phase 1 includes creating a pedestrian plaza on North Pine Street in front of the Veterans Memorial Center between El Camino Street and West Tunnell Street. In addition, the curb ramps will be upgraded to be ADA compliant, and additional ADA parking stalls will be created on West Tunnel Street to facilitate access to the park.
DISCUSSION:
The project was extensively advertised for bids. The City received four bids, which were opened by the City Clerk's Office on April 4, 2023. A summary of the bids submitted are as follows:
Bidder
RDZ Contractors, Inc.
MD Construction
Bid Amount
$588,669.00
$596,782.50
$619,286.00
$798,150.00
JJ Fisher
Newton Construction
A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Chief Deputy City Clerk.
The lowest responsive, responsible bid was submitted by RDZ Contractors, Inc., in the amount of $588,669.
RDZ Contractors, Inc., from Nipomo has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff has checked the firm's references and are comfortable with the ability of the contractor to perform the work successfully.
The recommended action is to award the bid to RDZ Contractors, Inc., in the amount of $588,669.
Other Agency Review
No other agency review is necessary or anticipated.
Alternatives
The alternative to the recommended action would be to reject all bids.
Environmental Determination:
The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 — Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.
Fiscal Considerations
Sufficient funds for this project have been budgeted in FY 2022/2023 from the account titled "Veterans Memorial Park Renovation."
Available Budget Account
801-008-040-52-21
estimated Expenattures
Award
Contin•enc 10%
Inspection, Testing, Staff Time
Total
Amount
2,199,608.00
Amount
$ 588,669.00
$ 58,866.90
$ 15,000.00
662,535.90
Impact to the Community
The community will benefit from the new pedestrian plaza which will tie together the Veterans Memorial Center and Park to create an integrated space for community events.
THOMAS M. KORMAN, P.E., P.L.S
Principal Civil Engineer
BRETT FULGONI
Director Public Works
Attachments:
A Detailed Bid Results
B Agreement
2 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO RDZ CONTRACTORS, INC., IN THE AMOUNT OF $588,669 FOR THE CONSTRUCTION OF PHASE I OF THE VETERANS MEMORIAL PARK IMPROVEMENTS PROJECT, BID NO. 2023/04
WHEREAS, the City of Santa Maria formally advertised Phase I of the Veterans Memorial Park Improvements Project, Bid No. 2023/04 ("Project"); and WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bids were publicly opened at 2:00 p.m. on April 4, 2023, in City Hall; and
WHEREAS, RDZ Contractors. Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and WHEREAS, the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 — Existing (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility, with negligible expansion of the existing uses.
WHEREAS, sufficient funds for this budgeted project in FY 22/23 are located in the account titled "Veterans Memorial Park Renovation."
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with RDZ Contractors, Inc., for Phase I of the Veterans Memorial Improvements Project, Bid No. 2023/04; and
2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and
3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: "Veterans Memorial Improvements Project" for the approved project in the amount of $662,535.90; and
4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and
5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 2nd day of May 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
2 APPROVED AS TO Qj�TENL1
City Attorney
City Manager
Department Director
DETAILED BID RESULTS CITY OF SANTA MARIA -' r" ""
E-MAIL: [email protected] IIIIr
11 VETERANS MEMORIAL PARK IMPROVEMENTS
ENGINEER'S ESTIMATE
JJ Fisher
RDZ Contractors
MD Construction
Newton Construction
BID NO.: 2023104
P.O. Box 2219
P.O. Box 760
P.O. Box 6629
BID OPENING DATE: 414/2023
Nipomo, CA 93444
Nipomo, CA 93443
Santa Maria. CA 93456
BASE BID ITEMS
OTY
UNIT
UNIT PRICE
ESTIMATED TOTAL
UNIT
PRICE
ESTIMATED
TOTAL
UNIT
PRICE
ESTIMATED
TOTAL
UNIT
PRICE
ESTIMATED
TOTAL
UNIT
PRICE
ESTIMATED
TOTAL
1 Mobilization and Demoblization
1 LS
$25.000.00
$ 25.000.00
$25.100.00
$ 25.100.00
$41.264.00
$ 41.264.00
6.000.00
$ 6.000.00
$11.500.00
$ 11.500.00
2 Storm Water Compliance
1 LS
$5.000.00
$ 5.000.00
$3.275.00
$ 3.275.00
$2.750.00
$ 2.750.00
7.070.00
$ 7.070.00
$20.000.00
$ 20.000.00
3 Traffic Control
1 LS
515.000.00
$ 15.000.00
$7.370.00
$ 7.370.00
53.520.00
$ 3.520.00
3.167.00
$ 3.167.00
$5.800.00
$ 5.800.00
4 Construction Surveys
1 LS
510.000.00
$ 10.000.00
$7.000.00
$ 7.000.00
$4.242.00
$ 4.242.00
3.553.00
$ 3.553.00
$5.800.00
$ 5.800.00
5 Demolition, Earthwork, and Subgrade Preparation
1 LS
$35.000.00
$ 35.000.00
511.780.00
$ 11.780.00
$42.689.00
$ 42.689.00
41.790.00
5 41.790.00
$60.000.00
$ 60.000.00
6 Grind in Place (I.1MA)
21,000
SF
$1.50
$ 31.500.00
$1.60
$ 33.600.00
50.48 $ 10.080.00
0.37 $ 7.770.00
$1.15
$ 24.150.00
7 Concrete V -Gutter
1200
SF
$20.00
$ 24.000.00
$19.40
$ 23.280.00
$19.20
$ 23.040.00
13.00 $ 15.600.00
$35.00
$ 42.000.00
8 Adjust Water Valve Assembly to Grade
2 EA
525.000.00
$ 50.000.00
51,250.00
$ 2.500.00
5700.00
$ 1.400.00
612.00
$ 1.224.00
5550.00
$ 1.100.00
9 Crushed Angular Rock
12000
SF
550.000.00
$ 600.000.000.00
$1.20
$ 14.400.00
$1.37
$ 16.440.00
2.00 $ 24.000.00
51.60 $ 19.200.00
10 Aggregate Level Bed (No. 8 or 9, 2" Thick)
12000
SF
$1.50
$ 18.000.00
51.45 $ 17.400.00
$0.89
$ 10.680.00
5.00 $ 60.000.00
51.10 $ 13.200.00
11 Permeable Vehicular Pavers
12000
SF
$6.50
$ 78.000.00
56.75 $ 81.000.00
$5.88
$ 70.560.00
7.00 $ 84.000.00
59.00 $ 108.000.00
12 Concrete Driveway (4" Thick)
150
SF
59.00 $ 1.350.00
59.90 $ 1.485.00
$29.40
$ 4.410.00
18.15 $ 2.722.50
$23.00
$ 3.450.00
13 Concrete (ADA Spaces)
600
SF
$15.50
$ 9.300.00
$17.85
$ 10.710.00
$13.65
$ 8.190.00
13.00 $ 7.800.00
$23.00
$ 13.800.00
14 Concrete (Color, 4" Thick)
2000
SF
$17.00
$ 34.000.00
$19.70
$ 39.400.00
$10.82
$ 21.640.00
14.50 $ 29.000.00
$21.00
$ 42.000.00
15 Concrete (Color, 6" Thick)
4,500
SF
$17.00
$ 76.500.00
523.25
$ 104.625.00
$14.23
$ 64.035.00
17.20 $ 77.400.00
$25.50
$ 114.750.00
16 Concrete Cross Gutter and Spandrel
3,000
SF
$10.50
$ 31.500.00
$21.55
$ 64.650.00
$16.87
$ 50.610.00
24.30 $ 72.900.00
$23.00
$ 69.000.00
17 Concrete Sidewalk
2,500
SF
$15.00
$ 37.500.00
$13.95
$ 34.875.00
$11.55
$ 28.875.00
10.20 $ 25.500.00
514.00
$ 35.000.00
18 Concrete Curb
200
LF
$15.00
$ 3.000.00
$41.00
$ 8.200.00
559.85
$ 11.970.00
46.40 $ 9.280.00
552.00
$ 10.400.00
19 Concrete Curb and Gutter (8")
100
LF
$13.00
$ 1.300.00
566.75
$ 6.675.00
$61.95
$ 6.195.00
48.85 $ 4.885.00
$64.00
$ 6.400.00
20 Concrete Curb Ramps
1,500
SF
$38.00
$ 57.000.00
$19.75
$ 29.625.00
$12.08
$ 18.120.00
10.00 $ 15.000.00
523.00
$ 34.500.00
21 Detectable Warning Surface
100
SF
$35.00
$ 3.500.00
$42.00
$ 4.200.00
539.90
$ 3.990.00
62.90 $ 6.290.00
552.00
$ 5.200.00
22 Storm Drain (4" PVC)
30 LF
$35.00
$ 1.050.00
$80.00
$ 2.400.00
$38.50
$ 1.155.00
9.80 $ 294.00
530.00
$ 900.00
23 12" x 12" Tiles
1600
EA
$10.00
$ 16.000.00
$10.22
$ 16.352.00
$18.64
$ 29.824.00
21.50 $ 34.400.00
529.00
$ 46.400.00
24 Bollards per City Standard MS -12
31 EA
5750.00
$ 23.250.00
$775.00
$ 24.025.00
51.421.00
$ 44.051.00
695.00
$ 21.545.00
51.700.00
$ 52.700.00
25 Bollard Sleeves Only Installation
14 LS
5250.00
$ 3.500.00
$405.00
$ 5.670.00
$796.00
$ 11.144.00
326.00
$ 4.564.00
51.000.00
$ 14.000.00
26 Wheel Stops
12 LS
5100.00
$ 1.200.00
5108.00
$ 1.296.00
584.00
$ 1.008.00
247.50
$ 2.970.00
575.00
5 900.00
27 Rounded Cobble
1 LS
51.500.00
$ 1.500.00
51.025.00
$ 1.025.00
522.260.00
$ 22.260.00
444.00
$ 444.00
$3.000.00
$ 3.000.00
28 Pavement Marking (Paint, 2 coats, various details)
1 LS
55.000.00
$ 5.000.00
$4.310.00
$ 4.310.00
$4.725.00
$ 4.725.00
487.00
$ 487.00
$2.600.00
$ 2.600.00
29 Post and Signage
1 LS
55.000.00
5 5.000.00
52.538.00
5 2.538.00
51.050.00
$ 1.050.00
2.276.00
5 2.276.00
5500.00
5 500.00
30 Downspout Modifications
1 LS
51.500.00
$ 1.500.00
5995.00
$ 995.00
$3.061.00
$ 3.061.00
624.00
$ 624.00
5700.00
$ 700.00
31 Hot Mixed Asphalt, Conform (6" thk, Type A, 1/2")
1500
SF
515.00
$ 22.500.00
516.20
$ 24.300.00
512.60
$ 18.900.00
12.40 $ 18.600.00
$12.00
$ 18.000.00
32 Irrigation Sleeve
30 LF
535.00
$ 1.050.00
525.00
$ 750.00
527.00
$ 810.00
15.50 $ 465.00
$30.00
$ 900.00
33 Electrical Conduit and Boxes
1 LS
55.000.00
$ 5.000.00
$3.695.00
$ 3.695.00
$5.816.00
$ 5.816.00
3.862.00
$ 3.862.00
510.000.00
$ 10.000.00
34 Record Drawings
1 LS
51.500.00
$ 1.500.00
5780.00
5 780.00
5165.00
$ 165.00
1,300.00
$ 1.300.00
$2.300.00
$ 2.300.00
TOTAL:
$ 600,634,500.00
Listed Subcontractors
Pavers
Paving
Demo/Earthwork
Concrete
Electric
Grinding
$ 619,286.00
$ 588,669.00
$ 596,782.50
S 798,150.00
JJ Fisher
RDZ Contractors
MD Construction
Newton Construction
JD Human Landscaping
Synder & Sons Landscapes
Gilbets Landscaping
Toste Construction
Apodaca
Tatum Aphalt
Golden State
All Source Engineering. inc.
Garibay
PacWest General
Santa Maria Electric
J Mack Enterprises
AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of May 2023, by and between RDZ Contractors, Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner." WITNESSETH:
That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:
1. That Contractor shall complete the work generally described as follows: Phase I of the Veterans Memorial Park Improvement Project (PW 2023/04), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.
2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.
Total Bid of FIVE HUNDRED EIGHTY-EIGHT THOUSAND, SIX HUNDRED SIXTY-NINE
DOLLARS
Contract Price in Figures $588,669.00
3. Contractor agrees to complete said work within the contract time of forty-five (45) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.
4. Time is of the essence on this contract.
5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.
In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be five hundred ($500) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.
ATTACHMENT B
6. That, in accordance with Section 1774 of the California Labor Code, Contractor will pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.
7. That, in accordance with Section 1775 of the California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.
8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with said Section 1777.5 for all apprenticeable occupations with the prime Contractor.
9. That, except as provided in Section 1815 of the California Labor Code, in the performance of the work not more than eight (8) hours shall constitute a day's work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the California Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.
10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.
11. That Contractor shall have furnished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one -hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one -hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials furnished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.
This contract shall not become effective until such bonds are supplied to and approved by Owner.
12. That Contractor, prior to execution of the contract shall comply with the following Department of Industrial Relations requirements.
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.
14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)
IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.
CONTRACTOR: OWNER:
Pedro Rodriquez
President
Alice Patino
Mayor
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM
Risk Manager
City Attorney
EXHIBIT "A"
INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City.
The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the
form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The 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.
AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of May 2023, by and between RDZ Contractors, Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, Califomia, hereinafter referred to as "Owner." WITNESSETH:
That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:
1. That Contractor shall complete the work generally described as follows: Phase I of the Veterans Memorial Park Improvement Project (PW 2023/04), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.
2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.
Total Bid of FIVE HUNDRED EIGHTY-EIGHT THOUSAND, SIX HUNDRED SIXTY-NINE
DOLLARS
Contract Price in Figures $588,669.00
3. Contractor agrees to complete said work within the contract time of forty-five (45) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.
4. Time is of the essence on this contract.
5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.
In accordance with Califomia Govemment Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be five hundred ($500) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.
ATTACHMENT B
6. That, in accordance with Section 1774 of the Califomia Labor Code, Contractor will pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.
7. That, in accordance with Section 1775 of the Califomia Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.
8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with said Section 1777.5 for all apprenticeable occupations with the prime Contractor.
9. That, except as provided in Section 1815 of the Califomia Labor Code, in the performance of the work not more than eight (8) hours shall constitute a day's work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the Califomia Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.
10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the Califomia Labor Code.
11. That Contractor shall have fumished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one -hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one -hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials fumished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.
This contract shall not become effective until such bonds are supplied to and approved by Owner.
12. That Contractor, prior to execution of the contract shall comply with the following Department of Industrial Relations requirements.
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.
14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.
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IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.
CONTRACTOR: OWNER:
Pedro Rodriquez
President
Alice Patino
Mayor
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
Risk Manager
City Attorney
EXHIBIT "A"
INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City.
The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the
form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the titre of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with retum-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Provider shall fumish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The 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.