8G
Date: June 3, 2025
To: Honorable Mayor and Members of the City Council
From: Shant Megerdichian, General Services
By: Milton Sanabria, Administrative Services Manager | [email protected] Subject: General Services – Award Contract Services Agreement, Appropriate Funds for Site Preparation for an Automated Weather Observing System (AWOS) at Torrance Municipal Airport – Zamperini Field and Adopt California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to Section 15301. Expenditure: $710,600 (Non-General Fund).
RECOMMENDATION
Recommendation of the General Services Director that City Council:
1. Award a contract services agreement to Royal Electric of Sacramento, CA (B2025-08) in the amount of $646,000 and authorize 10% project contingency of $64,600 for Site Preparation Automated Weather Observing System (AWOS) at Torrance Municipal Airport – Zamperini Field, for a one-year period beginning June 3, 2025 and ending June 2, 2026; and
2. Appropriate $646,000 from Airport Fund’s fund balance to project FAC0017-6002-EQ0002 (Implement Automated Weather Observing System); and
3. Adopt a California Environmental Quality Act (CEQA) Categorical exemption pursuant Section 15301 (Existing Facilities).
FUNDING
Funding to be available from project FAC0017-6002-EQ0002 (Implement Automated Weather Observing System).
DISCUSSION
Torrance Municipal Airport – Zamperini Field serves as a general aviation airport with approximately 543 based aircraft. In addition to private aircraft, the airport is home to multiple Fixed Base Operators (FBOs) offering flight training, aircraft maintenance, and charter services.
It is also the headquarters for Robinson Helicopters, the largest manufacturer of private helicopters in the United States.
To enhance operational safety and efficiency, the City has procured an FAA-compliant Automated Weather Observing System (AWOS). This system will provide pilots and aviation stakeholders with continuous, real-time weather data, including current conditions and forecasts. By delivering accurate and timely information, the AWOS will support safer takeoffs, landings, and ground 1 City Council
June 3, 2025
operations. Additionally, it will improve operational decision-making and ensure ongoing compliance with FAA and other regulatory standards.
The system requires extensive site preparation before installation. The City issued a formal Invitation for Bids (IFB) seeking qualified contractors to perform all necessary work. The scope includes grading, utility installation, directional drilling, foundation work, grounding and lightning protection, and assistance with equipment mounting and electrical connections. The work will be conducted in phases to minimize disruption to airport operations. The contractor will also coordinate with the AWOS manufacturer and airport staff to ensure compliance with FAA standards and airport safety protocols.
ANALYSIS
Formal bid (B2025-08) Site Preparation for Automated Weather Observing System (AWOS) at Torrance Municipal Airport – Zamperini Field, was publicly advertised and sent to three hundred and four (304) vendors via PlanetBids. On March 11, 2025, the City received and opened three (3) bid submittals:
Vendor City, State Bid Price
Royal Electric* Sacramento, CA $646,000.00
Comet Electric, Inc.** Chatsworth, CA $455,125.41
Williamson Construction
Co, Inc.** Lawndale, CA $940,337.50
*Lowest responsible bidder
**Non-responsive bidder
Royal Electric was determined to be the lowest responsive and responsible bidder.
With Council approval the contract will be executed, and the onsite work will begin as early as possible.
ENVIRONMENTAL FINDINGS
The proposed action qualifies for exemption from review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301. This exemption applies to activities that involve the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features, provided there is negligible or no expansion of use beyond what was in place at the time of the lead agency's determination. It includes interior or exterior modifications, such as installing interior partitions, plumbing, and electrical conveyances, maintenance of existing infrastructure like highways, streets, sidewalks, gutters, and trails; and the restoration or rehabilitation of deteriorated or damaged structures or equipment to meet current public health and safety standards, unless substantial damage from environmental hazards, like earthquakes or landslides, is identified.
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June 3, 2025
ATTACHMENTS
1. Contract Services Agreement – Royal Electric
2. Exhibit A - Notice Inviting Bids for the Site Preparation for Automated Weather Observing System (AWOS) At Torrance Municipal Airport - Zamperini Field, Nib No. B2025-08
3. Exhibit B - Vellutini Corporation Dba Royal Electric Company’s Bid 3 1
CONTRACT SERVICES AGREEMENT
This CONTRACT SERVICES AGREEMENT (the “Agreement”) is made and entered into as of June 3, 2025 (the “Effective Date”), by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and Vellutini Corporation dba Royal Electric Company, a California corporation (“CONTRACTOR”).
RECITALS:
A. CITY wishes to retain the services of an experienced and qualified CONTRACTOR to undertake the Site Preparation for Automated Weather Observing System (AWOS) at Torrance Municipal Airport - Zamperini Field.
B. In order to obtain the desired services, CITY has circulated its Notice Inviting Bids for the Site Preparation for Automated Weather Observing System (AWOS) at Torrance Municipal Airport - Zamperini Field, NIB No. B2025-08 (the “NIB”). A true and correct copy of the NIB is attached herein as Exhibit A.
C. CONTRACTOR has submitted a Bid (the “Bid”) in response to the NIB. In its Bid, CONTRACTOR represents that it is qualified to perform those services requested in the NIB. A true and correct copy of the Bid is attached herein as Exhibit B.
D. Based upon its review of all bids submitted in response to the NIB, CITY now wishes to award this Agreement to CONTRACTOR.
AGREEMENT:
1. SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR will provide the services and install those materials listed in CONTRACTOR’s Bid submitted in response to the NIB. A true and correct copy of the NIB is attached herein as Exhibit A. A true and correct copy of the Bid is attached as Exhibit B. CONTRACTOR warrants that all work and services set forth in the Bid will be performed in a competent, professional and satisfactory manner.
2. TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through June 2, 2026.
3. COMPENSATION
A. CONTRACTOR’s Fee.
For services rendered pursuant to this Agreement, CONTRACTOR will be paid in accordance with the compensation schedule set forth in the Bid, provided, however, that in no event will the total amount of money paid the 4 ATTACHMENT 1
2 CONTRACTOR, for services initially contemplated by this Agreement, exceed the sum of $646,000 (the “Agreement Sum”), plus a contingency of $64,600, if first approved in writing by CITY.
B. Schedule of Payment.
Provided that the CONTRACTOR is not in default under the terms of this Agreement, upon presentation of an invoice, CONTRACTOR will be paid the fees described in Paragraph 3.A. above, according to the Compensation Schedule. Payment will be due within 30 days after the date of the invoice.
4. TERMINATION OF AGREEMENT
A. Termination by CITY for Convenience.
1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.
2. Upon receipt of written notice from CITY of such termination for CITY’s convenience, CONTRACTOR will:
a. cease operations as directed by CITY in the notice;
b. take actions necessary, or that CITY may direct, for the protection and preservation of the work; and
c. except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
3. In case of such termination for CITY’s convenience,
CONTRACTOR will be entitled to receive payment for work executed; and costs incurred by reason of such termination, along with reasonable overhead and profit on the work not executed.
B. Termination for Cause.
1. If either party fails to perform any term, covenant or condition in this Agreement and that failure continues for 15 calendar days after the nondefaulting party gives the defaulting party written notice of the failure to perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remedy the default, the defaulting party will have such additional time as is reasonably necessary to remedy the default.
2. In the event this Agreement is terminated for cause by the default of the CONTRACTOR, the CITY may, at the expense of the
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CONTRACTOR and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the CITY. All moneys due the CONTRACTOR under the terms of this Agreement will be retained by the CITY, but the retention will not release the CONTRACTOR and its surety from liability for the default. Under these circumstances, however, the CONTRACTOR and its surety will be credited with the amount of money retained, toward any amount by which the cost of completion exceeds the Agreement Sum and any amount authorized for extra services.
3. Termination for cause will not affect or terminate any of the rights of the CITY as against the CONTRACTOR or its surety then existing, or which may thereafter accrue because of the default; this provision is in addition to all other rights and remedies available to the CITY under law.
C. Termination for Breach of Law.
In the event the CONTRACTOR or any of its officers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a public consultant or contractor; (iii) under state or federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 20 of this Agreement; or for any other cause the CITY determines to be so serious and compelling as to affect CONTRACTOR’s responsibility as a public consultant or contractor, including but not limited to, debarment by another governmental agency, then the CITY reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it deems proper. The CITY will not take action until CONTRACTOR has been given notice and an opportunity to present evidence in mitigation.
5. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes 6 4
beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
6. RETENTION OF FUNDS
CONTRACTOR authorizes CITY to deduct from any amount payable to CONTRACTOR (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of CONTRACTOR’s acts or omissions in performing or failing to perform CONTRACTOR’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONTRACTOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONTRACTOR to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.
7. CITY REPRESENTATIVE
The General Service Director is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement.
Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless otherwise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONTRACTOR.
8. CONTRACTOR REPRESENTATIVE(S)
The following principal(s) of CONTRACTOR are designated as being the principal(s) and representative(s) of CONTRACTOR authorized to act in its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement:
Dina Kimble, President/CEO
Jeff Cavanagh, Vice President of Risk
Uriel Gonzalez, Operations Manager
9. INDEPENDENT CONTRACTOR
CONTRACTOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as otherwise set forth in this Agreement. CONTRACTOR’s agents and employees are not and shall not be considered employees of CITY for any purpose. CONTRACTOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. CITY has no duty, obligation, or responsibility to CONTRACTOR’s agents or employees under the 7 5
Affordable Care Act. CONTRACTOR is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to CONTRACTOR’s agents and employees. CITY is not responsible and shall not be held liable for CONTRACTOR’s failure to comply with CONTRACTOR’s duties, obligations, and responsibilities under the Affordable Care Act. CONTRACTOR agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of CONTRACTOR’s obligations under the Affordable Care Act relating to CONTRACTOR’s agents and employees.
10. BUSINESS LICENSE
The CONTRACTOR must obtain a City business license prior to the start of work under this Agreement, unless CONTRACTOR is qualified for an exemption.
11. OTHER LICENSES AND PERMITS
CONTRACTOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this Agreement.
12. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that CONTRACTOR (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services set forth in this Agreement. Should CONTRACTOR discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, CONTRACTOR must immediately inform CITY of that fact and may not proceed except at CONTRACTOR’s risk until written instructions are received from CITY.
13. CARE OF WORK
CONTRACTOR must adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by CITY, except those losses or damages as may be caused by CITY’s own negligence.
14. CONTRACTOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS Records of the CONTRACTOR’s time pertaining to the project, and records of accounts between CITY and the CONTRACTOR, will be kept on a generally recognized accounting basis. CONTRACTOR will also maintain all other 8 6
records, including without limitation specifications, drawings, progress reports and the like, relating to the project. All records will be available to CITY during normal working hours. CONTRACTOR will maintain these records for three years after final payment.
15. PREVAILING WAGE
All Services rendered pursuant to this agreement must be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of City and any Federal, State, or local governmental agency of competent jurisdiction. Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as of California Code of Regulations, Title 8, Sections 1600, et seq., (collectively, the “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully comply with the Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices.
Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Contractor will maintain and will require all subcontractors to maintain valid and current DIR Public Works Contractor registration during the term of this Agreement. Contractor must notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed.
It is understood that it is the responsibility of Contractor to determine the correct salary scale. Contractor will make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and post copies at Contractor’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
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Contractor must also comply with State law requirements to maintain payroll records and must provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776.
Contractor will defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contractor will bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contractor acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all subcontractors.
16. INDEMNIFICATION
CONTRACTOR will indemnify, defend, and hold harmless CITY, the Successor Agency to the former Redevelopment Agency of the City of Torrance, the City Council, each member thereof, present and future, members of boards and commissions, its officers, agents, employees and volunteers from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, death, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of CONTRACTOR, its officers, employees, agents, subcontractors or vendors. It is further agreed, CONTRACTOR’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of CITY, the City Council, each member thereof, present and future, or its officers, agents and employees, except for liability resulting solely from the negligence or willful misconduct of CITY, its officers, employees or agents.
Payment by CITY is not a condition precedent to enforcement of this indemnity.
In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the sole negligence of the CITY or its officers, employees, agents, subcontractors or vendors, CONTRACTOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating the CITY as solely negligent. CONTRACTOR will not be entitled in the event of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
17. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of CITY will be personally liable to CONTRACTOR, in the event of any default or breach by the CITY or for any amount that may become due to CONTRACTOR.
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18. INSURANCE
A. CONTRACTOR and its subcontractors must maintain for the duration of the contract at its sole expense the following insurance, which will be full coverage not subject to self-insurance provisions:
1. Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
(a) Primarily Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and
(b) Primary Property Damage of at least $250,000 per
occurrence; or
(c) Combined single limits of $1,000,000 per occurrence.
2. Commercial General Liability including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $2,000,000 per occurrence, $4,000,000 aggregate.
3. Workers’ Compensation with limits as required by the Labor Code of the State of California and, if workers’ compensation is required, employer’s liability insurance with minimum limits of $1,000,000 per occurrence or occupational illness. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
B. The insurance provided by CONTRACTOR will be primary and non- contributory.
C. CITY (“City of Torrance”), the Successor Agency to the former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insured under the automobile and general liability policies. Coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance or applicable policy language.
D. CONTRACTOR must provide certificates of insurance including all required mandatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating 11 9
appropriate coverage, to the City Clerk of the City of Torrance before the commencement of work.
E. Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY.
F. CONTRACTOR must include all subcontractors as insureds under its policies or must furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors will be subject to all of the requirements of this Paragraph 18.
G. If the CONTRATOR 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 the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
H. The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the CONTRACTOR.
I. CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
CONTRACTOR 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.
J. Self-insured retentions must be declared to and approved by the CITY.
The CITY may require the CONTRACTOR to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
19. SUFFICIENCY OF INSURERS
Insurance required by this Agreement will be satisfactory only if issued by companies authorized to do business in California, rated “A” or better in the most recent edition of Best’s Key Rating Guide, and only if they are of a financial category Class VII or better, unless these requirements are waived by the Risk Manager of CITY (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to CITY, the CONTRACTOR agrees that the minimum limits of any insurance policies or 12 10
performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that CONTRACTOR will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager.
20. CONFLICT OF INTEREST
A. No officer or employee of the CITY may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
B. No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
21. NOTICE
A. All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:
1. Personal delivery. When personally delivered to the recipient:
notice is effective on delivery.
2. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice: notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
3. Certified mail. When mailed certified mail, return receipt requested:
notice is effective on receipt, if delivery is confirmed by a return receipt.
4. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account:
notice is effective on delivery, if delivery is confirmed by the delivery service.
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5. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice: notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
6. Addresses for purpose of giving notice are as follows:
CONTRACTOR Royal Electric Company
8481 Carbide Ct
Sacramento, CA 95828
Fax: 916.226.2150
CITY: City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-2931
B. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
C. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.
22. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This Agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either CITY or CONTRACTOR without the prior written consent of the other.
23. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.
24. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. To the extent that the terms of the RFP or Proposal are inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
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25. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
26. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
27. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.
28. COMPLIANCE WITH STATUTES AND REGULATIONS
CONTRACTOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders.
29. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.
A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
30. ATTORNEY’S FEES
Except as provided for in Paragraph 16, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.
31. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
32. CONTRACTOR’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the CONTRACTOR warrant that (i) the CONTRACTOR is duly organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of the CONTRACTOR; (iii) by so executing this Agreement, the CONTRACTOR is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the CONTRACTOR is bound. 15 13
33. PUBLIC RECORDS ACT
Any documents submitted by the CONTRACTOR; all information obtained in connection with the CITY’s right to audit and inspect the CONTRACTOR’s documents, books, and accounting records pursuant to paragraph 14 Contractor’s Accounting Records; Other Project Records; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract, become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 7920.000 et seq. (Public Records Act) and which are marked “trade secret”, “confidential”, or “proprietary”.
The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.
In the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked “trade secret”, “confidential”, or “proprietary”, the CONTRACTOR agrees to defend and indemnify the CITY from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.
[SIGNATURES ON FOLLOWING PAGE]
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CITY OF TORRANCE,
a municipal corporation
By: ___________________________
George K. Chen, Mayor
Vellutini Corporation
dba Royal Electric Company,
a California corporation
By: _______________________________
Dina Kimble
President/CEO
ATTEST:
By: ___________________________
Rebecca Poirier, MMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By: ___________________________
Galen W. Bean
Deputy City Attorney
Attachments: Exhibit A Notice Inviting Bids for the Site Preparation for Automated Weather Observing System (AWOS) at
Torrance Municipal Airport - Zamperini Field,
NIB No. B2025-08
Exhibit B Vellutini Corporation dba Royal Electric Company’s Bid 17 15
EXHIBIT A
NOTICE INVITING BIDS FOR THE SITE PREPARATION FOR AUTOMATED
WEATHER OBSERVING SYSTEM (AWOS) AT TORRANCE MUNICIPAL AIRPORT - ZAMPERINI FIELD, NIB NO. B2025-08
[To be attached]
18 ATTACHMENT 2
16 EXHIBIT B
VELLUTINI CORPORATION DBA ROYAL ELECTRIC COMPANY’S BID
[To be attached]
19 ATTACHMENT 3
C
ITY OF TORRANCE
GENERAL SERVICES DEPARTMENT
N
OTICE INVITING BIDS
SITE PREPARATION FOR AUTOMATED WEATHER OBSERVING SYSTEM (AWOS) AT TORRANCE MUNICPAL AIRPORT – ZAMPERINI FIELD
B2025
-
08 20
2 Contents
City of Torrance .......................................................................................................................... 5 Section 1 – Notice Of Invitation for Bids ..................................................................................... 5
1.1 Summary of Project .................................................................................................... 5
1.2 Definitions .................................................................................................................. 5
1.3 Procurement Process .................................................................................................. 5
1.4 Obtaining Invitation for Bid (IFB) Documents and Addenda ........................................ 5
1.5 Invitation for Clarifications/Questions ....................................................................... 6
1.6 Non-Responsive Bids .................................................................................................. 6
1.7 Schedule ..................................................................................................................... 6 Section 2 – General Requirements & Compliance ...................................................................... 7
2.1 Pre-Bid Conference ..................................................................................................... 7
2.2 Bidders Ethical Behavior and Non - Collusion .............................................................. 7
2.3 Bidder’s Minimum Requirement ................................................................................. 7
2.4 Contractor Licenses .................................................................................................... 7
2.5 Business License ........................................................................................................ 7
2.6 Insurance .................................................................................................................... 7
2.7 Prevailing Wage Project ............................................................................................... 7
2.8 Apprenticeship Employment Standards ..................................................................... 8
2.9 Contractor Registration with the Department of Industrial Relations (SB 854) ........... 8
2.10 Compliance with Law .................................................................................................. 8
2.11 Licenses, Permits, Fees and Assessments ................................................................. 8 Section 3 – Bid Submissions and Evaluation ............................................................................ 10
3.1 Bid Submission Requirements .................................................................................. 10
3.2 Bid Bond .................................................................................................................... 10
3.3 Affidavit ..................................................................................................................... 10
3.4 Bid Submission Rules ............................................................................................... 10
3.5 Required Bid Documents .......................................................................................... 10
3.6 Evaluation of Responses ........................................................................................... 10
3.7 Bid Criteria ................................................................................................................ 11
3.8 Right to Accept or Reject Bids and Nonresponsive Bids ............................................ 11
3.9 Additional Information .............................................................................................. 12
3.10 Public Record ........................................................................................................ 12 21 3
3.11 Bids to Remain Open ................................................................................................. 13
3.12 Cost Related to Bid Preparation . ............................................................................... 13
3.13 Signed Bid and Exceptions ........................................................................................ 13
3.14 Award of Contract . .................................................................................................... 13 Section 4 – Final Acceptance & Payment .................................................................................. 14
4.1 Bidder Responsibility . ............................................................................................... 14
4.2 Purchase Order Terms . .............................................................................................. 14
4.3 Contract Award . ........................................................................................................ 15
4.4 Execution of Contract . .............................................................................................. 15
4.5 Notice to Proceed . .................................................................................................... 16 Section 5 – Contract Performance and Quality Control ............................................................ 17
5.1 Plans and Specifications . .......................................................................................... 17
5.2 Construction Schedule and Preconstruction Conference . ....................................... 17
5.3 Performance Schedule . ............................................................................................ 17
5.4 Changes . ................................................................................................................... 18
5.5 Work Deficiencies and Liquidated Damages . ............................................................ 18
5.6 On-S ite Supervision & General Requirements .......................................................... 18
5.7 Preliminary Notices .................................................................................................. 18
5.8 Payment, Invoicing, and Retention . .......................................................................... 19
5.9 Safety, Materials Handling, and Site Protection . ....................................................... 19
5.10 Subcontracting and Labor . ........................................................................................ 19 Section 6 – Scope Of Work ........................................................................................................ 20
6.1 Background ............................................................................................................... 20
6.2 Plans and Specifications . .......................................................................................... 20
6.3 Project Requirements . .............................................................................................. 20
6.4 Cost Schedule ........................................................................................................... 23
6.5 Submission Requirements . ....................................................................................... 24 BIDDER’S PROPOSAL ................................................................................................................. 25 ADDENDA ACKNOWLEDGMENT: ............................................................................................ 25 BIDDER’S PROPOSAL (CONTINUED) ....................................................................................... 26 BIDDER’S PROPOSAL (CONTINUED) ................................................................................... 27 BIDDER’S PROPOSAL (CONTINUED) ....................................................................................... 30 BIDDERS PROPOSAL (CONTINUED) ........................................................................................ 32 22 4
BIDDERS PROPOSAL
(CO
NTINUED)
........................................................................................
33 CONTRAC
T
SERVICES AGREEMENT
.............................................
..........................................................
3 8
23 5
City of Torrance
The City of Torrance is on the western side of Los Angeles County. The Palos Verdes Peninsula boards the city on the south, the City of Gardena on the north, the City of Redondo Beach on the north and west boundaries, the City of Lomita on the east, and the Pacific Ocean on the west. The City encompasses an area of approximately 21 square miles, 329 miles of Streets, 1870 intersections, 550 miles of sidewalks, 47,000 Street Trees, 6 Public Libraries, a Municipal Airport, a Transit System, 46 Parks & Recreation Amenities, 6 Fire Stations, 1 Police Station, and 1 Police Community Center. It has an estimated population of approximately 146,115, making Torrance one of the top 10 cities in Los Angeles County regarding population.
Section 1 – Notice Of Invitation for Bids
1.1 Summary of Project
This invitation is requesting bids from qualified vendors for The City of Torrance is requesting Bids from qualified firms to provide the City with Site Preparation for Automated Weather Observing System (AWOS) Installation at Torrance Municipal Airport – Zamperini Field. This
IFB
is intended to be as descriptive as possible. However, Proposers may not take advantage of omissions or oversights in this document.
Proposers must supply products and services that meet or exceed the requirements of this IFB. In the event of a dispute over installation or performance, the needs of the City of Torrance will govern. Quotations must be submitted on this form filled out completely. Vendors that do not fill out the City
IFB
form will not be considered.
1.2 Definitions
The following meanings are attached to the following defined words when used in these specifications and the purchase agreement. The word “City” means the City of Torrance, California. The word “Bidder” or “Vendor” or “Contractor” means the person, firm, or corporation submitting a bid on these specifications or any part thereof.
The following meanings are attached to the following defined words when used in these specifications and purchase agreement. The word “purchase agreement” , “contract” , “purchase order” , “blanket purchase order” means the contractual agreement between the vendor and the City of Torrance for the purchase of goods and/or services.
1.3 Procurement Process
The City of Torrance Purchasing Division utilizes an electronic bid management system for all bids and RFPs (Requests for Proposals). Please visit PlanetBids to view all current bid openings, sign up as a vendor, and submit bid proposals. Any questions regarding the current opening and the submittal process can be sent to the Finance Department’s Purchasing Division at
[email protected] or (310) 618 – 5820.
1.4 Obtaining Invitation for Bid (IFB) Documents and Addenda The City reserves the right to revise or amend these specifications prior to the date set for opening proposals. Revisions and amendments will be identified by an addendum to this IFB. If the revisions require additional time to enable vendors to respond, the City may 24 6
postpone the opening date accordingly. In such case, the addendum will include an announcement of the new proposal submittal due date. IFB documents, including the Addenda, can be found on PlanetBids. As this is the primary communication site for this IFB, the Bidder must check the PlanetBids site regularly to stay updated on the available documents.
1.5 Invitation for Clarifications/Questions
Questions are to be submitted through PlanetBids vendor portal. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of a formal Addenda to the IFB. The deadline for all questions is as outli ned in the schedule.
1.6 Non- Responsive Bids
Bidders must register for this IFB process on PlanetBids to ensure receipt of Addenda and other relevant information.
Bids not meeting the specified criteria, such as failing to include required documents or acknowledging Addenda, may be deemed non- responsive.
1.7 Schedule
The following is the tentative schedule for this Request:
Activity Due/Time
Invitation for Bids February 10, 2025
Q&A Deadline February 20, 2025
City Responses Deadline (via Addendum) February 27, 2025 Bid Due Date March 11, 2025
Bid Evaluation March 11 , 2025 –
March 25, 2025
Notice of Award TBD
Notice to Proceed TBD
Start Construction TBD
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Section 2 – General Requirements & Compliance
2.1 Pre- Bid Conference
There will not be a pre-bid conference for this project.
2.2 Bidders Ethical Behavior and Non-Collusion
Bidders, their representatives, agents, or representatives are specifically directed not to contact any city employee, commission member, committee member, council member or other agency employee or associate for any purpose related to this IFB other than as directed below.
The undersigned, by submission of this Bid Form, hereby declares that this Bid is made without collusion with any other business making any other Bids, or which otherwise would make a Bid.
2.3 Bidder’s Minimum Requirement
Experience: Bidder must have successfully completed at least three (3) public works projects of a similar size and scope within the last
five (5) years
. Bid
der
must have at least
five (5) years of experience under current license (California State License Board), providing general contractor services for buildings of commercial, institutional, airport, and industrial facilities (non-residential). References must reflect this experience.
2.4 Contractor Licenses
At the time of submitting the Bid, the Bidder shall be licensed as a contractor in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code.
The City has determined that the bidder must have a Class A General Engineering Contractor License or Class B General Building Contractor license and a C -10 Electrical Contractor License. All
licenses must be maintained during the entire term of the agreement.
2.5 Business License
The Contractor shall procure and execute all permits and licenses, pay all charges and fees, and give all notices necessary and incidentals to completion of Work. The Contractor shall execute a Contract Services Agreement. There are no fees for permits issued by the City of Torrance for City projects. The Contractor shall obtain a City of Torrance Business License.
Please call (310) 618
-
5923 to obtain a Torrance Business License.
2.6 Insurance
Insurance provisions are contained in the Standard Contract Services sample agreement included in the IFB. The successful Bidder will be required to comply with these provisions. It is recommended that Bidders have their insurance provider review the insurance provisions BEFORE they submit their bid. Contractor shall maintain Automobile Liability, General Liability and Workers’ Compensation Insurance as specified in the sample agreement provided.
2.7 Prevailing Wage Project
This contract is subject to California State Prevailing Wage - Pursuant to Section 1771 and 1773 of the Labor Code, the general prevailing wage rates in the county in which the work is 26 8
to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, are attached and available from the California Department of Industrial
Relations’ internet site
at
http://www.dir.ca.gov/Public-Works/Prevailing
-
Wage.html
. Future effective general
prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
2.8 Apprenticeship Employment Standards
Attention is directed to the provisions in Sections 1776 and 1777.5 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under them. One of the legal requirements for working on a public works project is the employment of apprentices. The Division of Apprenticeship Standards provides assistance to contractors in employing apprentices on public works sites. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations,
http://www.dir.ca.gov/das/PublicWorksForms.html
2.9 Contractor Registration with the Department of Industrial Relations (SB 854) No contractor or subcontractor may be listed on a bid proposal or awarded a public works project unless registered with the
Department of Industrial Relations pursuant to Labor
Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Pursuant to Section 1770,
et.seq. of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Department of Industrial Relations.
These wage rates are available from the California Department of Industrial Relations.
This
project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. For additional information and to register online go to
http://www.dir.ca.gov/Public
-Works/Contractors.html
Please visit the website below for access to prevailing wage rates:
https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html
2.10 Compliance with Law
Bidder warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.
2. 11 Licenses, Permits, Fees and Assessments
Bidder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this IFB. Bidder represents and warrants to City that Bidder shall, at its sole cost and expense, keep in effect at all times during the term of 27 9
the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Bidder to perform the Work and Services under the Agreement if so awarded.
Bidder shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Bidder’s performance of the Work and Services required under the Agreement if so awarded. Bidder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
There are no fees for permits issued by the City of Torrance for City projects.
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Section 3 – Bid Submissions and Evaluation
3.1 Bid Submission Requirements
All bids must be submitted electronically via the PlanetBids System by the specified deadline outlined in the schedule. The receiving time in PlanetBids will govern the acceptability of bids, and late bids will not be accepted. Telegraphic and telephonic bids are not permitted.
3.2 Bid Bond
Bid bonds must be submitted on the proposal forms and uploaded to PlanetBids along with the bid submission. The Bid Guaranty shall be in an amount equivalent to at least 10% of the Total Contract Bid Price.
3.3 Affidavit
An affidavit form is enclosed. It must be completed signifying that the bid is genuine and not collusive or made in the interest or on behalf of any person not named in the bid, that the bid has not directly or indirectly induced or solicited any other Bidder to put in a sham bid or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner
sought by collusion to secure for itself an advantage over any other Bidder. Any bid submitted without an affidavit or in violation of this requirement will be rejected.
3.4 Bid Submission Rules
1. Bid Proposal Forms: Bids must be submitted on the Bid Proposal forms supplied in the Invitation for Bid (IFB).
2. Complete Submission: A responsive bid must include prices for all items listed on the bid form and all required documents, as outlined below.
3. Addenda Acknowledgment: Failure to acknowledge all Addenda may result in the bid being deemed non-responsive or negatively impact its evaluation.
4. Withdrawal of Bids: Bids may be withdrawn electronically via the system prior to the submission deadline.
5. One Bid Per Bidder: Bidders may only submit one bid in response to the IFB.
3.5 Required Bid Documents
The following seven (7) documents must be completed, executed, and submitted:
1. Bidder's Proposal
2. Addenda Acknowledgment
3. Contractor's Affidavit
4. Bid Bond (10% of Bid)
5. List of Subcontractors (if applicable)
6. Bidder’s Information
7. References
3.6 Evaluation of Responses
The City will be the sole determiner of suitability to its needs. Submissions will be rated based on completeness, understanding of requirements, conformance to technical specifications, compatibility with City operations, prior experience, financial capabilities, 29 11
delivery, and cost. Ongoing maintenance and support costs will also be reviewed to determine which proposal best meets the City's needs.
The City will consider a local Torrance vendor sales tax rebate of 1.5% for proposals submitted by a Torrance vendor that include a material component.
The City’s project evaluation team will evaluate submissions based on the criteria listed below. Points will be assigned to each criterion, up to a maximum of 100 points. The ranking of submissions will be made public. The City may also interview qualified firms prior to recommending the award of an agreement.
3.7 Bid Criteria
The City will be the sole determiner of suitability to the City’s needs. Quotations will be reviewed and awarded to the lowest responsible bidder per Torrance Municipal Code
22.3.050. In determining the lowest responsible bidder in response to a Notice Inviting Bi ds, the City shall consider all of the following criteria that are relevant to the solicitation:
Lowest cost to the City; The quality, availability and adaptability of the material or services offered; The ability, capacity, facilities and skill of the bid der to perform or provide the materials or services; The capacity of the bidder to perform the contract or provide the service promptly, within the time specified, and without delay or interference; The sufficiency of the bidder’s financial resources as they relate to the ability of the bidder to perform the contract; The character, trustworthiness, integrity, reputation, judgement, training, experience and efficiency of the bidder; The previous and existing compliance by the bidder with laws and ordinances relating to the type of work to be performed under the contract; The competence, reputation and record of performance and experience of the bidder for the successful recent completion of similar work of comparable magnitude; The number and scope of condit ions and exceptions attached to the bid by the bidder; and the ability of the bidder to provide such future maintenance and service as may be needed.
3.8 Right to Accept or Reject Bids and Nonresponsive Bids Per Division 2 Chapter 2 of the Municipal Code the City of Torrance may reject any and all bids, waive any informality or irregularity in such bids and determine the lowest responsible bidder. The city reserves the right to to accept or reject, in whole or in part, any or all bids, as well as to cancel all or part of this Invitation for Bids (IFB) and seek new bids if it best serves the interests of the City. The City also reserves the right to award based on best value, reject any bid, or take actions deemed necessary to ensure the City's interests are served.
Bids may be deemed nonresponsive and rejected if proposal documents are not completed, executed, and submitted as required. Additionally, the City may reject the bid of any bidder who previously failed to perform properly, complete agreements on time, or i s not in a position to satisfactorily perform the work specified in this IFB.
The City reserves the right to conduct investigations as necessary to determine a bidder's ability to perform the work. Bidders must provide all requested information and data to facilitate this evaluation. The City may reject any bid if evidence or investigation fails to demonstrate that the bidder is adequately qualified to fulfill the obligations outlined in the bid documents.
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3.9 Additional Information
Discrepancies: In case of a discrepancy between unit prices and extended totals, unit prices will govern.
Taxes: All prices must include applicable sales or use taxes as required by the California Revenue and Taxation Code. Federal Excise Taxes are exempt for political subdivisions.
Bid Tabulation:
An unaudited tabulation of submitted bids will be posted on the PlanetBids Portal following the bid opening.
By adhering to these requirements, Bidders ensure their submissions are compliant and eligible for evaluation.
3.10 Public Record
All documents submitted in response to this solicitation will become the property of the City of Torrance and are subject to the California Code Section 7921 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 7922 during the negotiation process, may be made public after the City’s negotiations are completed, and staff has agendized the recommendation to the City Manager
for the award of a contract to a
specific firm, but before final action is taken by the
City
to award the contract.
Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a Bid is a trade secret. If
a request is made for
information marked “Confidential, ” “Trade Secret, ” Proprietary, ” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosu re by a court of competent jurisdiction.
If a submitting party contends that a portion of the Bid is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records la ws of the State 3) must actively defend against any Invitation for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City fr om any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a pa rty submitting a Bid or any other person or entity, because of the release of such information.
The City
will not return the original or any copies of the Bid or other information or documents submitted to the City as part of this IFB process. The City may not recognize Bids where all the information, via a blanket statement is submitted as proprietary infor mation or a trade secret. Such Bids may be found nonresponsive.
31 13
3.11 Bids to Remain Open
The Bidder shall guarantee that all contents of their Bid shall be valid for a period of 120 calendar days from the due date of the Bids.
3.12 Cost Related to Bid Preparation
The City will NOT be responsible for any costs incurred by any firm responding to this IFB in the preparation of their Bid or participation in any presentation if requested, or any other aspects of the entire IFB process.
3.13 Signed Bid and Exceptions
Submission of a signed Bid will be interpreted to mean that the firm responding to this IFB has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Invitation for Bids, and any attached sample agreement. Exceptions to any of the language in either the IFB documents or attached sample agreement, including the insurance requirements, must be requested under the Invitation for clarifications/questions process by the deadline for questions.
Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Bidders. Exceptions to the City’s IFB document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted Bids.
The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the Invitation for clarification/question process.
3.14 Award of Contract
The Bid will be awarded to the best value and responsive bid and published on PlanetBids Responsibility of a bidder will be determined by the City based on each bidder’s experience and references. The City will be the sole judge with respect to the responsiveness and responsibility of each bidder.
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Section 4 – Final Acceptance & Payment
4.1 Bidder Responsibility
The Bidder must be thoroughly competent and capable of satisfactorily performing the work covered by the bid. As specified in the bid documents, the Bidder must furnish statements of previous experience on similar work. When requested, the Bidder must also provide a plan of procedure, details on the organization, available machinery and equipment, financial condition, and any other documentation required by the City to determine responsibility.
Bidders are notified that, per Division 2, Chapter 2 of the Torrance Municipal Code, the City Council may evaluate a Bidder’s responsibility based on their performance on other contracts.
4.2 Purchase Order Terms
Once a bidder is determined to be responsible and awarded the contract, the following purchase order terms will apply:
• Contract Agreement Issuance: The successful vendor will receive a Purchase Order and/or a Contract Agreement, incorporating the terms and conditions outlined in this bid.
• Prevailing Wage Requirement: Per California Senate Bill 7 (SB7) , prevailing wage requirements apply to construction contracts exceeding $25,000 and alteration, d
emolition, repair, or maintenance contracts exceeding $15,000. No exemptions apply.
• Fee Listing Requirement: All applicable fees must be listed and described. Fees not listed will
not
be authorized for payment on any invoices throughout the term of the purchase order.
• Insurance Coverage: The vendor must provide certificates of insurance and/or endorsements indicating appropriate coverage to the City of Torrance before a P
urchase Order is issued. The City, City Council members, board members, officials, employees, and volunteers must be named as additional insured under t
he automobile and general liability policies.
• Business License Requirement: Before issuance of a purchase order, the vendor mu
st submit proof of a
City of Torrance Business License
if:
o The company is located in Torrance;
o The company will physically work in Torrance; or
o The company will use their own vehicles for deliveries to the City.
For more information, contact the
Business License Office at (310) 618
-
5923.
• Fiscal Year Funding Clause: City payment obligations are contingent on the availability of state or local government funds. If funds are not allocated or av
ailable, the City may terminate the contract at the end of the funded period. 33 15
• Term: The term of this contract will be one year.
o O nsite work is expected to be completed within ninety (90) calendar days, including the completion of contractual documents, submittal process, lead time for materials, and the onsite work. Bids are required for the entire work described herein.
4.3 Contract Award
The selected bidder must enter into a contractual agreement, inclusive of insurance requirements, with the City of Torrance, in accordance with the standard
Contract
Services Agreement. The attached sample agreement includes exhibits that will be finalized during negotiations with the selected firm.
In addition, the
b
idders submitting a response to this
IFB
acknowledge that no
officer or
employee of the City has or shall have any direct or indirect financial interest in this Agreement. The Bidder shall
not
enter into any agreement with such officers or employees during the contract term and for one year thereafter. The Bidder warrants that no payments or consideration have been given to third parties in exchange for obtaining this Agreement.
Failure or refusal to execute the Agreement or meet stipulated requirements
may result in
annulment of the award. Suppose the lowest qualified Bidder refuses or fails to execute the Agreement. In that case, the City may, at its sole discretion, award the contract to the second lowest qualified Bidder, and so forth.
4.4 Execution of Contract
After contract award, the awarded bidder must execute and submit the following within ten (10) working days (excluding Sundays) from the award notification:
1. Performance Bond (100% of Bid)
2. Labor and Material Bond (100% of Bid)
3. Signed Contract Services Agreement
4. Verification of Insurance Coverage
(Certificates and Endorsements)
5. Business License Application Form
Failure to submit these documents within the specified timeframe
may result in
annulment of the award and forfeiture of the proposal guarantee. The contract shall not be binding upon the CITY until executed by authorized
CITY officials
.
Performance and Payment Bonds must be issued by a surety that is:
• (1) Currently authorized by the Insurance Commissioner to transact insurance business in
California
.
34 16
• (2) Listed as an acceptable surety .
The Performance Bond shall remain in effect for
one (1) year
following the City’s Notice of
Completion or, if no Notice of Completion is recorded, for
one (1) year
following the City
Manager’s final acceptance.
4.5 Notice to Proceed
Upon execution of the contract and submission of all required documents, the City will issue a Notice to Proceed to the awarded contractor. This notice will establish the official start date for the project and authorize the commencement of work.
The contractor
shall not begin any work or incur any costs
related to the project
before
receiving the Notice to Proceed.
Failure to comply with this requirement
may result in contract termination
or other
penalties as deemed appropriate by the City.
35 17
Section 5 – Contract Performance and Quality Control
5.1 Plans and Specifications
The scope of work must include all labor, equipment, materials, and accessories necessary for a complete and usable project acceptable to the City of Torrance and per project plans.
The contractor is responsible for investigating existing site conditions b
efore submitting a
bid. The Contractor shall keep a copy of the stamped and approved Plans and the Specifications at the worksite. The Plans, Specifications, and other Contract Documents shall govern the Work.
The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications but not shown on the Plans, or vice versa, shall be considered as though specified by both. The Plans shall be supplemented by Working Drawings and Shop Drawings as necessary to adequately control the Work. The Contractor shall immediately notify the City upon discovering any error or omission in the Plans or Specifications.
The City of Torrance shall not be responsible for the care or protection of any material or work components before final acceptance unless expressly stated in these specifications.
Once the project requirements and specifications have been reviewed, the next critical step is scheduling and coordination.
5.2 Construction Schedule and Preconstruction Conference The office staff of the City operates on a 9/80 work schedule, with City Hall closed every other Friday. In accordance with the Special Provisions, after notification of award and before the start of work, the Contractor shall submit a proposed Construction Schedule to the City for approval within ten (10) working days from the date of the Notice to Proceed. At least two (2) days, excluding Saturdays, Sundays, and holidays, before starting work, the Contractor shall attend a pre-construction conference.
The Contractor shall provide all product and equipment submittals to the City or a designated consultant within ten (10) working days from the Notice to Proceed. Materials requiring delivery delays must be ordered immediately upon receiving written notice
of
contract award. Written proof of timely material orders must be provided, and any delivery delays must be accounted for in the Construction Schedule.
No work may begin until the schedule has been approved in writing. The Contractor shall be responsible for coordinating all
phases of construction to ensure timely project completion.
5.3 Performance Schedule
Timely performance is essential. All services must follow the approved schedule. Any extension requests must be submitted in writing and approved by the City. The Contractor shall diligently prosecute the work as per the agreed
-
upon schedule. Neither Party shall be
held accountable for delays beyond reasonable control and without fault or negligence. 36 18
Delays do not entitle the Contractor to additional compensation, regardless of which Party is responsible.
5.4 Changes
Any changes to the Services requested by the City require a written amendment specifying all modifications, including any additional fees. Amendments may be issued to:
• Accommodate revisions due to the enactment or revision of laws. • Provide additional services not originally included in the Agreement.
5.5 Work Deficiencies and Liquidated Damages
The Contractor shall correct work rejected by the City for failing to conform to project requirements within thirty (30) days, bearing all correction costs, including uncovering, replacement, and additional testing. Nonconforming work must begin correction within seven (7) days after written notice, or the City may address the deficiencies at the Contractor's expense.
Failure to correct deficiencies within the specified timeframe may result in the assessment of liquidated damages. If work is not completed within the allotted time, the Contractor agrees to pay liquidated damages of one thousand dollars ($1,000) per calendar day beyond the deadline. Liquidated damages may be deducted from payments due to the Contractor. The City may reduce the penalty if work is substantially complete within the specified time.
5.6 On-Site Supervision & General Requirements
The Contractor shall employ an approved superintendent to manage on-site work at all times, with the authority to communicate with City representatives. The City reserves the right to reject or remove the superintendent at any time without cost. The Contractor must designate an alternate superintendent in case of absence, subject to City approval. •
Communication:
The Contractor shall provide weekly written updates on project progress and schedule adjustments.
•
Permits and Compliance:
The Contractor shall comply with all applicable regulations.
No fees will be charged for City-issued permits.
5.7 Preliminary Notices
Preliminary Notices should be mailed to:
Nina Schroeder
General Services Department
3350 Civic Center Drive
Torrance, CA 90503
37 19
5.8 Payment, Invoicing, and Retention
The Contractor shall submit a complete breakdown of lump sum bid prices, including allowances for profit and overhead, within ten (10) working days of a City request. This breakdown will be used to evaluate payment requests. No additional costs will be allowed for these breakdowns. •
The invoice must reference a purchase order number and indicate the unit contract price. •
The Contractor shall be paid for actual hours worked at the contracted rates. •
Costs for parts, materials, equipment, and subcontractors will be reimbursed at actual cost, with required receipts and an allowable markup.
•
Invoices must align with the bid form line items and include backup documentation for materials, subcontractors, rented equipment, permits, and disposal fees. • Incorrect invoices may be returned for correction, and the City is not responsible for payment until a correct invoice is received.
5.9 Safety, Materials Handling, and Site Protection
• Safety Compliance: The Contractor must adhere to OSHA and City safety regulations. • Hazardous Materials Testing: Any discovery of hazardous materials must be reported immediately, along with a remediation plan.
• Work Area Security: The Contractor must secure the site and prevent unauthorized access.
• Site Protection & Cleanup: The Contractor shall maintain a clean worksite and repair any damages at their expense.
5.10 Subcontracting and Labor
Employee Conduct & Compliance: Employees must adhere to professional standards.
Noncompliant employees must be replaced within 24 hours.
38 20
Section 6 – Scope Of Work
6.1 Background
The City of Torrance is seeking site preparation for the installation of an AWOS IIIPT Automated Weather Observing System (AWOS) at Torrance Municipal Airport-Zamperini Field. The AWOS equipment has already been procured, and the successful vendor will be responsible for the complete site preparation for the system per the specifications and plan set provided. Once site preparation is complete, the AWOS Vendor is responsible for installation, testing, and commissioning, with the site preparation contractor on call for 2 days for assistance with tasks like antenna mounting and electrical connection assistance.
This project is not funded by an FAA Airport Improvement Program (AIP) or other Federal Aviation Administration Program and must comply with all FAA and FCC standards. The contractor must adhere to all applicable safety and regulatory standards, including FAA requirements for construction work at an airport.
6.2 Plans and Specifications
The selected contractor shall provide all labor, equipment, materials, and services necessary for the complete site preparation for the Automated Weather Observing System (AWOS) IIIPT installation at Torrance Municipal Airport
–
Zamperini Field. The AWOS
equipment has already been procured, and the contractor is responsible for site preparation per the project specifications and plans.
Once site preparation is complete, the AWOS Vendor will perform installation, testing, and commissioning, with the site preparation contractor remaining on call for two (2) days to assist with antenna mounting, electrical connections, and related support t
asks.
6.3 Project Requirements
The project must comply with FAA, FCC, and local building regulations, ensuring full integration with the airport’s existing infrastructure. This project is not funded by an FAA Airport Improvement Program (AIP) grant but must meet all applicable FAA Advisory Circulars (ACs), including:
o FAA AC 150/5220 - 16E: Automated Weather Observing Systems (AWOS) for Non- Federal Applications.
o FAA AC 150/5300 - 13B: Airport Design Standards.
o FAA AC 150/5370 - 2G: Operational Safety on Airports During Construction.
The contractor shall coordinate with the AWOS manufacturer and airport officials throughout the project. Work must be performed in a phased approach to minimize disruptions to airport operations.
1. Site Assessment, Planning, and Coordination
The contractor shall:
• Conduct a site survey to confirm proximity to runways, taxiways, and other critical infrastructure per FAA guidelines.
• Identify and document existing utilities, underground infrastructure, and potential obstructions.
39 21
• Submit FAA Form 7460-1 (Notice of Proposed Construction or Alteration) to the FAA if required.
• Coordinate all AWOS installation site requirements with the AWOS manufacturer before and during construction.
• Develop and submit a Construction Safety and Phasing Plan (CSPP) for approval. • Provide a minimum 45-day advance notice to Airport Administration for any required FAA notifications.
• Ensure compliance with airport security protocols and obtain necessary badging for personnel.
2. Site Clearing and Grading
The contractor shall:
• Clear the designated area of vegetation, debris, and obstructions. • Perform grading and compaction to ensure proper leveling and drainage around AWOS equipment.
• Implement erosion control measures per environmental regulations.
3. Utility Coordination and Directional Drilling
The contractor shall:
• Locate and mark all underground utilities before excavation. • Coordinate with local utility companies to prevent conflicts during installation. • Install electrical and communication conduit per FAA and local codes. • Perform directional drilling as required, ensuring:
o Proper horizontal and vertical control.
o Avoidance of existing underground infrastructure.
o Submission of a detailed drilling plan, including equipment and materials used. • Provide and install wind cone cable and associated cabling from the electrical vault to the AWOS system.
• Conduct geotechnical analysis to ensure stability of the installation area.
4. Foundation Preparation
The contractor shall:
• Excavate and construct foundations for AWOS equipment, including:
o Sensor towers.
o Enclosures.
o Data Collection Platform (DCP).
• Ensure foundations are constructed per FAA and manufacturer specifications. • Provide ready-mix concrete design mixes, signed by a licensed Civil Engineer in California. • Verify alignment, anchoring, and structural integrity before proceeding with equipment installation.
5. Installation Support Services
The contractor shall:
• Provide a licensed surveyor to establish elevation benchmarks and true north alignment for the Data Collection Platform (DCP).
• Install the AWOS antenna on the designated building.
40 22
• Assist the AWOS vendor in assembling and installing a 30-foot tiltable sensor tower. • Install all mounting hardware, brackets, and obstruction lighting per FAA and manufacturer guidelines.
• Ensure all components are properly secured for weather resilience. • Provide airfield lighting cable testing per project plans. • Coordinate with the Owner’s testing agency for compliance verification.
6. Electrical and Communication Setup
The contractor shall:
• Ensure proper grounding and lightning protection per FAA and NEC (National Electrical Code) standards.
• Install and connect:
o Electrical service to the AWOS system.
o Polyphaser grounding connections for VHF transmission. o Internet and VoIP or phone line connectivity to the AWOS control system. • Verify compliance with all airport electrical safety regulations. • Complete all work up to and including the distribution panel installation.
7. Grounding and Lightning Protection
The contractor shall:
• Install a grounding system to protect AWOS equipment from lightning strikes. • Conduct grounding resistance testing to ensure compliance with FAA AC 150/5220 - 16E. • Install lightning arrestors and surge protection on all power and communication lines.
8. Testing, Certification, and Commissioning
The contractor shall:
• Provide certification documents verifying the system's operational readiness. • Assist the AWOS manufacturer in conducting final installation testing and commissioning. • Ensure all equipment is calibrated and meets FAA performance standards. • Submit final as-built documentation.
9. Security, Access, and Environmental Compliance
The contractor shall:
• Construct or enhance access roads or paths for installation and maintenance. • Install temporary fencing and barriers to prevent unauthorized access. • Ensure compliance with:
o FAA AC 150/5370 - 2G (Airport Construction Safety).
o Stormwater management and dust control requirements.
• Coordinate with airport security to minimize operational disruptions.
10. Coordination and Notifications
The contractor shall:
• Notify Torrance Municipal Airport officials of any required runway or taxiway closures. • Coordinate with local flight schools and other affected airport stakeholders. • Ensure all work is scheduled to minimize disruptions to airport operations.
41 23
11. Cleanup and Restoration
The contractor shall:
• Remove all construction debris, surplus materials, and temporary structures. • Restore areas impacted by construction, including:
o Replanting vegetation or repairing pavement as required. o Final grading and stabilization to prevent erosion.
Deliverables
Upon completion, the contractor shall provide:
• Final as-built drawings.
• Warranty information covering installed infrastructure.
6.4 Cost Schedule
Vendors must provide a detailed cost breakdown in the following format. The final bid price must be all-inclusive of labor, materials, equipment, supervision, and overhead costs.
Task-Based Cost Breakdown
Task No. Description Estimated
Cost ($)
1 Site Assessment & Planning (Survey, Permits,
FAA Coordination)
2 Coordination & Notifications (Runway closures,
City, FAA)
3 Site Clearing & Grading (Vegetation removal,
leveling)
4 Utility Coordination & Directional Drilling
(Locating utilities, trenching, conduit installation)
5 Foundation Preparation (Concrete pads,
anchoring, curing)
6 Electrical & Communication Setup (Panel
connection, cabling, grounding, VHF protection)
7 Installation Services (Antenna, tower, mounting
hardware, equipment setup)
8 Testing, Certification & Commissioning
(Inspection, compliance verification)
9 Access, Security & Environmental Compliance
(Security fencing, erosion control)
10 Cleanup & Restoration (Debris removal,
replanting, pavement repair)
11 Miscellaneous & Contingency (Any additional
unforeseen work)
Total
Project Cost
$__________
Alternative Pricing for Non
-
Normal Working Hours
For work performed outside normal working hours (e.g., nights, weekends, emergency work), vendors must provide a separate
rate schedule
below:
42 24
Task No. Description Overtime Rate ($/Hour)
1 Supervisor/Foreman
2 General Laborer
3 Electrician
4 Heavy Equipment Operator
5 Additional Equipment Rentals (Specify)
Additional Cost Considerations
1. Permits & Fees – The City does not charge permit fees for this project.
2. Mobilization/Demobilization Costs – Should be included in the total bid price.
3. Material Markup
–
The City will not pay for markup on subcontractors, rentals, or materials unless explicitly approved.
6.5 Submission Requirements
Vendors must include the following documentation with their bids :
• A cover letter outlining qualifications and experience with AWOS installation. • A complete itemized cost schedule.
• Proof of FAA certification for similar installations.
• Timeline for project completion, including key milestones. • Details of warranties and post-installation support services.
43 25
BIDDER’S PROPOSAL
SIGNATURE AUTHORIZATION INVITATION FOR BIDS FOR AUTOMATED WEATHER OBSERVING
SYSTEM SITE PREPARATION AT TORRANCE MUNICIPAL AIRPORT
–
ZAMPERINI FIELD
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID
NAME OF COMPANY: ____________________________________________________________
BUSINESS ADDRESS:
____________________________________________________________
TELEPHONE: _________________________
___________________________________________
CELL PHONE_________________________FAX________________________________________
CONTACT PERSON_______________________________________________________________
EMAIL ___________________________________________________________________________
A. I hereby certify that I have the authority to submit this Bid to the City of Torrance for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my bid.
___________________________________________________________________________________
PRINTED NAME AND TITLE __________________________________________________________
SIGNATURE AND DATE _____________________________________________________________
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as: ____ An individual; ____ A partnership, Partners’ names: ______________________________________________________________ A company; ________________________________________________________________________________
A corporation If a corporation, organized in the state of:
_______________________________________________________________________________
2. My tax identification number is: _________________________________________________
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your Bid being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) #
_______________________________________________________________
is/are hereby acknowledged.
44 26
BIDDER’S PROPOSAL (CONTINUED)
GENERAL CONTRACTOR SERVICES The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause rejection. The Bidder must have a minimum of five (5) years of experience providing general contractor services for building repairs and renovations of commercial, airport, institutional, and industrial facilities (non- residential).
1. Do you have the required 5 years’ experience? _________________________
2. Provide details regarding your required years of experience and applicable project portfolios/completed projects.
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 45 27
BIDDER’S PROPOSAL (CONTINUED)
The undersigned hereby proposes to furnish all work to be performed in accordance with the Specifications and Contract Documents, prepared by Kane Construction, Lean Technology Corporation, and the City of Torrance for the bid as set forth in the following schedules.
Terms and Conditions
• The City of Torrance reserves the right to reject any or all bids . • The selected vendor must ensure that all work complies with FAA standards and certifications.
• Bid must remain valid for a minimum of 90 days after submission. • Payment, insurance and contracting details are per draft Personal Services Agreement (PSA) in Attachment 2.
Task-Based Cost Breakdown
Task No. Description Estimated
Cost ($)
1 Site Assessment & Planning (Survey, Permits,
FAA Coordination)
2 Coordination & Notifications (Runway closures,
City, FAA)
3 Site Clearing & Grading (Vegetation removal,
leveling)
4 Utility Coordination & Directional Drilling
(Locating utilities, trenching, conduit installation)
5 Foundation Preparation (Concrete pads,
anchoring, curing)
6 Electrical & Communication Setup (Panel
connection, cabling, grounding, VHF protection)
7 Installation Services (Antenna, tower, mounting
hardware, equipment setup)
8 Testing, Certification & Commissioning
(Inspection, compliance verification)
9 Access, Security & Environmental Compliance
(Security fencing, erosion control)
10 Cleanup & Restoration (Debris removal,
replanting, pavement repair)
11 Miscellaneous & Contingency (Any additional
unforeseen work)
Total
Project Cost
$__________
46 28
Alternative Pricing for Non
-
Normal Working Hours
For work performed outside normal working hours (e.g., nights, weekends, emergency work), vendors must provide a separate
rate schedule
below:
Task No. Description Overtime Rate ($/Hour)
1 Supervisor/Foreman
2 General Laborer
3 Electrician
4 Heavy Equipment Operator
5 Additional Equipment Rentals (Specify)
The City of Torrance awards per the Torrance Municipal Code. Based on the funding available, the City reserves the right to select any combination to determine the lowest qualified bidder for
the
award and the best value for the City.
The undersigned furthermore agrees to enter into and execute a contract, with necessary bonds, at the prices set forth herein, and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Torrance.
The above prices include all work appurtenant to the various items as outlined in the specifications and all work or expense required for the satisfactory completion of said item.
47 29
BIDDER’S PROPOSAL (CONTINUED)
The undersigned declares that it has carefully examined the Specifications, Plans and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.
Company Name______________________________________________________
______________________
Signature of principal in company ____________________________________
_______________________
Date ____________________________
Name and Title of
Signer
_____________________________________________________________________
Phone: ______________________________
Fax: ________________________________
Email: ______________________________
_______________________________________________________
Public Works Registration (PWCR) Number: ______________________________________
____________
License No. & Classifications _________________________
48 30
BIDDER’S PROPOSAL (CONTINUED)
STATE OF CALIFORNIA } CONTRACTOR'S AFFIDAVIT
}
COUNTY OF _____________
}
___________________________________________________, being first duly sworn, deposes and says:
1. That he is
the______________________________________________________
Title
of ____________________________________________________________________________
(Name of Partnership, Corporation, or Sole Proprietorship)
Here
-
in-after called "Contractor, " who has submitted to the City of Torrance a Bid for Automated Weather Observing System Site Preparation at the Torrance Municipal Airport
–
Zamperini-Way
2. That said proposal is genuine; that the same is not sham; that all statement of facts therein are true;
3. That such proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
4. That the Contractor did not directly or indirectly induce, solicit or agree with any
-
one else to
submit a false or sham bid, refrain from bidding, or withdraw the bid, to raise or fix the bid price of the Contractor or anyone else, or to raise or fix any overhead, profit or cost element of the Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Torrance or any other bidder, or anyone else interested in the proposed contract;
5. That the Contractor has not in any manner sought by collusion to secure for itself an advantage over any other bidder or to induce action prejudicial to the interests of the City of Torrance, or of any other bidder or of anyone else interested in the propo
sed contract;
6. That the Contractor has not accepted any bid from any subcontractor or material-man through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or ma terial-man, which is not processed through said bid depository, or which prevent any subcontractor or material-man from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository;
7. That the Contractor did not, directly or indirectly, submit the Contractor's bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to 49 31
any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of Individuals, except to the City of Torrance, or to any person or persons who have a partnership or other financial interest with said Contractor in its business.
Dated this _________ day of ______________________________, 20________.
Subscribed and Sworn T o
(Contractor)________________________________________________________________
before me this ____________ ________________________________________________________________
of __________________, 20________ ____________________________
________________________
(Title)
______________________________
Notary Public in and for said
County and State.
(Seal)
50 32
BIDDERS PROPOSAL (CONTINUED)
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we,
as
principal, and ______________________________________________________________ as sureties, are held and firmly bound unto the City of Torrance, State of California, in the penal sum of ________________________ dollars ($______________), for the payment whereof we hereby bind ourselves, our successors, heirs, executors or administra tors jointly and severally, firmly by these presents.
T
he condition of this obligation is such that, whereas the above bounded principal is about to file with and submit to the City of Torrance a bid or proposal for the performance of certain work as required in the City of Torrance said work being: Automated
Weather Observing System Site
Preparation at Torrance Municipal Airport
–
Zamperini Way, in compliance with the Specifications
therefore under an invitation of said City contained in a notice or advertisement for bids or proposals; now if the bid or proposal of said principal shall be accepted and if said work be thereupon awarded to the principal by said City and if the said principal shall enter into a contract with the said City in accordance with said bid or proposal, or if the bid or proposal of the said principal is rejected, then this bond shall be void and of no effect and otherwise in full force and effect.
W
ITNESS our hands this ______ day of _______________, 20 ______. _____________________________
Principal
______________________________
Surety/Attorney-in-Fact
______________________________
Signature
Name:
Local Address:
Phone No.:
Fax No.:
51 33
BIDDERS PROPOSAL (CONTINUED)
L
IST OF
SUBCONTRACTORS
T
he Bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of
California) and should familiarize itself with Section 2 -3 of the Standard
Specifications.
1. Nam
e Under Which Subcontractor is Licensed: ___________________________________ S
ubcontractor’s Address:
_______________________________________________________
S
pecific Description of Sub-Contract: ______________________________________________ L
icense Number: _________________ CA License Classification/Type: __________________ P
ublic Works Registration (PWCR) Number: ________________________
_________________
2. Nam
e Under Which Subcontractor is Licensed: ___________________________________ S
ubcontractor’s Address: _______________________________________________________ S
pecific Description of Sub-Contract: ______________________________________________ L
icense Number: _________________ CA License Classification/Type: __________________ P
ublic Works Registration (PWCR) Number: ________________________
_________________
3. Nam
e Under Which Subcontractor is Licensed: ___________________________________ S
ubcontractor’s Address: _______________________________________________________ S
pecific Description of Sub-Contract: ______________________________________________ L
icense Number: _________________ CA License Classification/Type: __________________ P
ublic Works Registration (PWCR) Number: ________________________
_________________
4. Nam
e Under Which Subcontractor is Licensed: ___________________________________ S
ubcontractor’s Address: _______________________________________________________ S
pecific Description of Sub-Contract: ______________________________________________ L
icense Number: _________________ CA License Classification/Type: __________________ 52 34
Public Works Registration (PWCR) Number: ________________________
_________________
5. Name Under Which Subcontractor is Licensed: ___________________________________
Subcontractor’s Address:
_______________________________________________________
Specific Description of Sub-Contract: ______________________________________________
License Number: _________________ CA License Classification/Type: __________________
Public Works Registration (PWCR) Number: ________________________
_________________
6. Name Under Which Subcontractor is Licensed: ___________________________________
Subcontractor’s Address: _______________________________________________________
Specific Description of Sub-Contract: ______________________________________________
License Number: _________________ CA License Classification/Type: __________________
Public Works Registration (PWCR) Number: ________________________
_________________
7. Name Under Which Subcontractor is Licensed: ___________________________________
Subcontractor’s Address: _______________________________________________________
Specific Description of Sub-Contract: ______________________________________________
License Number: _________________ CA License Classification/Type: __________________
Public Works Registration (PWCR) Number: ________________________
_________________
Subcontractors must be properly licensed under the laws of the State of California for the type of work which they are to perform. Do not list
alternate
subcontractors for the same work.
The Bidding Contractor must include each subcontractor’s contract license number (AB 44). An inadvertent error in listing the subcontractor’s license number shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening-provided that the correct license number corresponds to the submitted name and location of the subcontractor.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for a public works project 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)].
53 35
BIDDERS PROPOSAL (CONTINUED)
REFERENCES
Bidder must have completed at least three (3) public works projects of a similar size and scope for each project within the last five (5) years. The references must reflect this requirement. Do not list a reference more than once or include the City of Torrance as a reference. All bidders must contact their references prior to submitting bids to verify all phone numbers, email addresses, contact person(s), etc. are current and that the contact is aware the City of Torrance will be conducting reference checks.
1 Name of Firm/Agency:
Street Address:
City:
State, Zip Code:
Name of Person to Contact:
Phone Number of Contact:
Email Address of Contact:
Title of Project:
Project Location:
Date of Completion:
Contract Amount:
2 Name of Firm/Agency:
Street Address:
City:
State, Zip Code:
Name of Person to Contact:
Phone Number of Contact:
Email Address of Contact:
Title of Project:
Project Location:
Date of Completion:
Contract Amount:
3 Name of Firm/Agency:
Street Address:
City:
State, Zip Code:
Name of Person to Contact:
Phone Number of Contact:
54 36
Email Address of Contact:
Title of Project:
Project Location:
Date of Completion:
Contract Amount:
Bidder’s Information
The bidder must provide a detailed list of the trades and the description of the work they will perform with their own company for this project.
1. _________________________________________________________________________
2._________________________________________________________________________
3._________________________________________________________________________
4. _________________________________________________________________________
5. _________________________________________________________________________
6._________________________________________________________________________
7._________________________________________________________________________
8._________________________________________________________________________
9._________________________________________________________________________
10.________________________________________________________________________
11.________________________________________________________________________
55 37
12.________________________________________________________________________ 1 3.________________________________________________________________________ 1 4.________________________________________________________________________ C
ontractor’s License No.: ______________________ Class: ________________________ D
ate first obtained: __________________________
Ha
s License ever been suspended or revoked? ________________ I
f yes, describe when and why
_________________________________________________
A
ny current claims against License or Bond? _________________ I
f yes, describe claims: __________________________________________________
T
ype of entity (check one)
____
_ Incorporated ______ Partnership ______ Sole Proprietorship I
f incorporated, in what state __________________________________ F
ederal Tax ID Number #____________________________
Principals in Company (List all - attach additional sheets if necessary):
NAME TITLE LICENSE NO.
(If Applicable)
____
______________________ _________________________ __________________ ____
______________________ _________________________
__________________
____
______________________ _________________________
__________________
56 [
CONTRACT SERVICES AGREEMENT SAMPLE
]
1 CONTRACT SERVICES AGREEMENT
This CONTRACT SERVICES AGREEMENT (“Agre
e
ment”) is made and entered into as
of
Date
(the “Effective Date”), by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and
Contractor Name
,
type of entity
(“CONTRACTOR”).
RECITALS:
A.
CITY wishes to retain the services of an experienced and qualified CONTRACTOR to
insert brief description of services
.
B.
CONTRACTOR represents that it is qualified to perform those services.
AGREEMENT:
1. SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR will provide the services listed in the Scope of Services attached as Exhibit A. CONTRACTOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.
2. TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through
.
3. COMPENSATION
A.
CONTRACTOR’s Fee.
For services rendered pursuant to this Agreement, CONTRACTOR will be paid in accordance with the Compensation Schedule attached as Exhibit B, provided, however, that in no event will the total amount of money paid CONTRACTOR, for services initially contemp
lated by this Agreement,
exceed the sum of $
insert dollar amount
(“Agreement Sum”), unless
otherwise first approved in writing by CITY.
B.
Schedule of Payment.
Provided that CONTRACTOR is not in default under the terms of this Agreement, upon presentation of an invoice, CONTRACTOR will be paid the fees
described in Paragraph 3.A. above, according to the
Compensation Schedule. Payment will be due within 30 days after the date of the invoice.
57 [CONTRACT SERVICES AGREEMENT SAMPLE] 2
4. TERMINATION OF AGREEMENT
A. Termination by CITY for Convenience.
1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.
2. Upon receipt of written notice from CITY of such termination for CITY’s convenience, CONTRACTOR will:
a. cease operations as directed by CITY in the notice;
b. take actions necessary, or that CITY may direct, for the protection and preservation of the work; and
c. except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
3. In case of termination for CITY’s convenience, CONTRACTOR will be entitled to receive payment for work executed, together with costs incurred by reason of the termination, along with reasonable overhead and profit on work not executed.
B. Termination for Cause.
1. If either party fails to perform any term, covenant or condition in this Agreement and that failure continues for 15 calendar days after the nondefaulting party gives the defaulting party written notice of the failure to perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remedy the default, the defaulting party will have such additional time as is reasonably necessary to remedy the default.
2. In the event this Agreement is terminated for cause by the default of CONTRACTOR, CITY may, at the expense of CONTRACTOR
and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the CITY. All moneys due CONTRACTOR under the terms of this Agreement will be retained by CITY, but the retention will not release CONTRACTOR and its surety from liability for the default. Under these circumstances, however, CONTRACTOR and its surety will be credited with the amount of money retained, toward any amount by which the cost of completion exceeds the Agreement Sum and any amount
authorized for extra services.
58 [CONTRACT SERVICES AGREEMENT SAMPLE] 3
3. Termination for cause will not affect or terminate any of the rights of CITY as against CONTRACTOR or its surety then existing, or that may thereafter accrue because of the default; this provision is in addition to all other rights and remedies available to the CITY under law.
C. Termination for Breach of Law.
In the event CONTRACTOR or any of its officers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a public consultant or contractor; (iii) under state or federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 20 of this Agreement; or for any other cause CITY determines to be so serious and compelling as to affect CONTRACTOR’s responsibility as a public consultant or contractor, including but not limited to, debarment by another governmental agency, then CITY reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it deems proper. CITY will not take action until CONTRACTOR has been given notice and an opportunity to present evidence in mitigation.
5. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance will be excused for a period equal to the period of that cause for failure to perform.
6. RETENTION OF FUNDS
CONTRACTOR authorizes CITY to deduct from any amount payable to CONTRACTOR (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of CONTRACTOR’s acts or omissions in performing or failing to perform CONTRACTOR’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONTRACTOR, or any indebtedness 59 [CONTRACT SERVICES AGREEMENT SAMPLE] 4
exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONTRACTOR to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.
7. CITY REPRESENTATIVE
City Representative is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless otherwise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONTRACTOR.
8. CONTRACTOR REPRESENTATIVE(S)
The following principal(s) of CONTRACTOR are designated as being the principal(s) and representative(s) of CONTRACTOR authorized to act in its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement:
Representative 1
Representative 2
9. INDEPENDENT CONTRACTOR
CONTRACTOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as otherwise set forth in this Agreement. CONTRACTOR’s agents and employees are not and shall not be considered employees of CITY for any purpose. CONTRACTOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. CITY has no duty, obligation, or responsibility to CONTRACTOR’s agents or employees under the Affordable Care Act. CONTRACTOR is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to CONTRACTOR’s agents and employees. CITY is not responsible and shall not be held liable for CONTRACTOR’s failure to comply with CONTRACTOR’s duties, obligations, and responsibilities under the Affordable Care Act. CONTRACTOR agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of CONTRACTOR’s obligations under the Affordable Care Act relating to CONTRACTOR’s agents and employees.
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10. BUSINESS LICENSE
CONTRACTOR must obtain a City business license prior to the start of work under this Agreement, unless CONTRACTOR is qualified for an exemption.
11. OTHER LICENSES AND PERMITS
CONTRACTOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this Agreement.
12. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that CONTRACTOR (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services required under this Agreement. If the services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the services set forth in this Agreement.
Should CONTRACTOR discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, CONTRACTOR must immediately inform CITY of that fact and may not proceed except at CONTRACTOR’s risk until written instructions are received from CITY.
13. CARE OF WORK
CONTRACTOR must adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages to persons or property, until acceptance of the work by CITY, except those losses or damages as may be caused by CITY’s own negligence.
14. CONTRACTOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS Records of CONTRACTOR’s time pertaining to the project, and records of accounts between CITY and CONTRACTOR, will be kept on a generally recognized accounting basis. CONTRACTOR will also maintain all other records, including without limitation, specifications, drawings, progress reports and the like, relating to the work and services identified in Exhibit A. All records will be available to CITY during normal working hours. CONTRACTOR will maintain these records for three years after final payment.
15. PREVAILING WAGE
All Services rendered pursuant to this agreement must be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of City and any Federal, State, or local governmental agency of competent jurisdiction. Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as of California Code of Regulations, Title 8, Sections 1600, et seq., (collectively, the “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance 61 [CONTRACT SERVICES AGREEMENT SAMPLE] 6
of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully comply with the Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices.
Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Contractor will maintain and will require all subcontractors to maintain valid and current DIR Public Works Contractor registration during the term of this Agreement. Contractor must notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed.
It is understood that it is the responsibility of Contractor to determine the correct salary scale. Contractor will make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and post copies at Contractor’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
Contractor must also comply with State law requirements to maintain payroll records and must provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776.
Contractor will defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contractor will bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contractor acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all subcontractors.
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16. INDEMNIFICATION
CONTRACTOR will indemnify, defend, and hold harmless CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council, each member thereof, present and future, members of boards and commissions, their officers, agents, employees and volunteers (collectively “City Affiliates”) from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, death, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of CONTRACTOR, its officers, employees, agents, subcontractors or vendors. CONTRACTOR’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of City Affiliates, except for liability resulting solely from the negligence or willful misconduct of City Affiliates. Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the sole negligence of City Affiliates, CONTRACTOR will be obligated to pay for the defense of City Affiliates until such time as a final judgment has been entered adjudicating City Affiliates as solely negligent. CONTRACTOR will not be entitled in the event of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
17. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of CITY will be personally liable to CONTRACTOR, in the event of any default or breach by the CITY or for any amount that may become due to CONTRACTOR.
18. INSURANCE
A. CONTRACTOR and its subcontractors must maintain for the duration of the Agreement at their sole expense the following insurance, which will be full coverage, not subject to self insurance provisions:
1. Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
a. Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and
b. Primary Property Damage of at least $250,000 per
occurrence; or
c. Combined single limits of $1,000,000 per occurrence.
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2. Commercial General Liability including coverage for premises, products and completed operations, independent
contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least $2,000,000 per occurrence, $4,000,000 aggregate.
3. Workers' Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of $1,000,000 per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
B. The insurance provided by CONTRACTOR will be primary and non- contributory.
C. CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insureds under the automobile and general liability policies.
D. CONTRACTOR must provide certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the City of Torrance before the commencement of work.
E. Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY.
F. CONTRACTOR must include all subcontractors as insureds under its policies or must furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors will be subject to all of the requirements of this Paragraph 18.
G. If the CONTRACTOR 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 the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
H. The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the CONTRACTOR.
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I. CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
CONTRACTOR 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.
J. Self-insured retentions must be declared to and approved by the CITY.
The CITY may require the CONTRACTOR to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
19. SUFFICIENCY OF INSURERS
Insurance required by this Agreement will be satisfactory only if issued by companies admitted to do business in California, rated “A” or better in the most recent edition of Best’s Key Rating Guide, and only if they are of a financial category Class VII or better, unless these requirements are waived by the Risk Manager of CITY (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to CITY, the CONTRACTOR agrees that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that CONTRACTOR will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager.
20. CONFLICT OF INTEREST
A. No officer or employee of the CITY may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
B. No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any 65 [CONTRACT SERVICES AGREEMENT SAMPLE] 10
program requirement, contract or subcontract, or to any solicitation or proposal.
21. NOTICE
A. All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:
1. Personal delivery. When personally delivered to the recipient, notice is effective on delivery.
2. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
3. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
4. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.
5. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice, notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
6. Addresses for purpose of giving notice are as follows:
CONTRACTOR: CONTRACTOR’S NAME AND
ADDRESS
Fax: INSERT FAX NUMBER
CITY: City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-2931
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B. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
C. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.
22. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This Agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either CITY or CONTRACTOR without the prior written consent of the other.
23. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.
24. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or by any other rule of construction that might otherwise apply. To the extent that the terms of the Scope of Services or the Proposal are inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
25. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
26. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
27. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.
28. COMPLIANCE WITH STATUTES AND REGULATIONS
CONTRACTOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders.
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29. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.
A party’s consent or approval of any act by the other party requiring the first party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
30. ATTORNEY’S FEES
Except as provided for in Paragraph 15, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.
31. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
32. CONTRACTOR’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of CONTRACTOR warrant that (i) CONTRACTOR is duly organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of CONTRACTOR; (iii) by so executing this Agreement, CONTRACTOR is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which CONTRACTOR is bound.
33. PUBLIC RECORDS ACT
Any documents submitted by the CONTRACTOR; all information obtained in connection with the CITY’s right to audit and inspect the CONTRACTOR’s documents, books, and accounting records pursuant to paragraph 14 Contractor’s Accounting Records; Other Project Records; become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 7920.000 et seq. (Public Records Act) and which are marked “trade secret”, “confidential”, or “proprietary”. The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.
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In the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked “trade secret”, “confidential”, or “proprietary”, the CONTRACTOR agrees to defend and indemnify the CITY from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.
CITY OF TORRANCE,
a municipal corporation
Firm Name,
Type of Entity
_______________________________
Aram Chaparyan, City Manager
By:___________________________
Signer
Title
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By:____________________________
Attachments: Exhibit A Scope of Services
Exhibit B Compensation Schedule
Rev. 0424
69 EXHIBIT A
SCOPE OF SERVICES
[To be attached]
70 EXHIBIT B
COMPENSATION SCHEDULE
[To be attached]
71 72
73 74
75 76
77 78
79 80
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ID
Task
Mode
Task Name Duration Start Finish Predecessors Resource Names 1 NTP 1 day Mon 5/5/25 Mon 5/5/25
2 PHASE 0 81 days Tue 5/6/25 Tue 8/26/25
3 Submittal process 74 days Tue 5/6/25 Fri 8/15/25 1
4 Site investigation 2 days Mon 8/18/25 Tue 8/19/25 3
5 Existing Utility Detection 2 days Wed 8/20/25 Thu 8/21/25 4 6 Survey 3 days Fri 8/22/25 Tue 8/26/25 5
7 PHASE 1A 15 days Wed 8/27/25 Tue 9/16/25
8 Airfield vault work 3 days Wed 8/27/25 Fri 8/29/25 6
9 New feeder cable to AFL-01 2 days Mon 9/1/25 Tue 9/2/25 8 10 AWOS display in ACTC Room 015 4 days Wed 9/3/25 Mon 9/8/25 9 11 Antenna & coax cable ACTC roof 6 days Tue 9/9/25 Tue 9/16/25 10 12 PHASE 1B 7 days Wed 9/17/25 Thu 9/25/25
13 Directional 2w-3" bore 4 days Wed 9/17/25 Mon 9/22/25 11 14 Install new AFL-02 & 03 2 days Tue 9/23/25 Wed 9/24/25 13 15 Tie into existing AFL-01 1 day Thu 9/25/25 Thu 9/25/25 14 16 PHASE 1C 10 days Fri 9/26/25 Thu 10/9/25
17 Excavate AWOS foundations 2 days Fri 9/26/25 Mon 9/29/25 15 18 Form & pour AWOS foundations 2 days Tue 9/30/25 Wed 10/1/25 17 19 Trench & install AWOS conduits 3 days Thu 10/2/25 Mon 10/6/25 18 20 Install AWOS power & control panels 1 day Tue 10/7/25 Tue 10/7/25 19 21 Install AWOS equipment 2 days Wed 10/8/25 Thu 10/9/25 20 22 PHASE 2 5 days Fri 10/10/25 Thu 10/16/25
23 Install AWOS & windcone power cable 2 days Fri 10/10/25 Mon 10/13/25 21 24 Clean up & Punch list work 3 days Tue 10/14/25 Thu 10/16/25 23 25 PHASE 3 5 days Fri 10/17/25 Thu 10/23/25
26 Test & commission AWOS equipment 5 days Fri 10/17/25 Thu 10/23/25 24
S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S May 4, '25 May 11, '25 May 18, '25 May 25, '25 Jun 1, '25 Jun 8, '25 Jun 15, '25 Jun 22, '25 Jun 29, '25 Jul 6, '25 Jul 13, '25 Jul 20, '25 Jul 27, '25 Aug 3, '25 Aug 10, '25 Aug 17, '25 Aug 24, '25 Aug 31, '25 Sep 7, '25 Sep 14, '25 Sep 21, '25 Sep 28, '25 Oct 5, '25 Oct 12, '25 Oct 19, '25 Oct 26, '25 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Project: TOA Site Prep for AWO
Date: Mon 3/10/25
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