Loading...
HomeMy WebLinkAboutE-11 - Request for Bids, Citywide Tree Maintenance, Part1CONSENT ITEM E-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES DATE: MARCH 21, 2016 SUBJECT: APPROVAL OF SPECIFICATIONS FOR A THREE YEAR CITYWIDE TREE MAINTENANCE CONTRACT AND AUTHORIZATION FOR STAFF TO PROCEED WITH THE FORMAL BIDDING PROCESS. SUMMARY: The City currently contracts with a third party contractor for Citywide Tree Maintenance for both the Park and Electric Divisions. On June 15, 2015, the City Council approved a one year extension with West Coast Arborists, Inc. with no increase in the schedule of compensation. The extension will expire June 30, 2016. The proposed action approves specifications and authorizes Staff to solicit bids from qualified contractors for a multi-year citywide tree maintenance contract for both the Park and Electric Divisions. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1)Approve specifications for the Citywide Tree Maintenance Program; and 2) Authorize Staff to issue a Request for Bids for citywide tree maintenance services. DISCUSSION: On February 16, 2010, the City Council agreed to waive the formal bidding process and piggy back off another public agency’s competitive bidding process and amend the agreement with West Coast Arborists, Inc. for three years with two one-year extensions. On June 15, 2015, the City Council approved a one-year extension with West Coast Arborists, Inc. with no increase in the schedule of compensation. Staff believed it would be fiscally unwise for the City to solicit new proposals for tree maintenance services pending a determination by the Department of Industrial Relations (DIR) regarding wage reclassification and the impacts of their actions were fully APPROVED COUNCIL MEETING 3/21/2016 Approval of Specifications and Authorization to Solicit Bids for Tree Maintenance Services March 21, 2016 Page 2 evaluated. Although the DIR has still not yet reached that determination, Staff believes it is prudent at this time to solicit bids for tree maintenance services. FISCAL IMPACT: There is no fiscal impact associated with this action. Prepared by: Reviewed and approved: Roy Chavez Joe Jacobs Recreation Superintendent Director of Recreation & Family Services Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager Attachments: 1) Request for Bids for Citywide Tree Maintenance Program ATTACHMENT 1 Recreation and Family Services Department Citywide Tree Maintenance Program (RFP) (2016-2021)* Request for Proposal (RFP) *Contract is for Three Years with (2) one year extensions Contact Ross Montes, Park Supervisor (626) 812-5260 rmontes@ci.azusa.ca.us Dan Kjar, Electric Operations Supervisor (626) 812-5216 dkjar@ci.azusa.ca.us Mandatory Pre Bid Meeting: April 6, 2016 @ 11AM @ Memorial Park 320 N. Orange Place Azusa, Ca. 91702 Bid Opening: April 27, 2016 @ 11AM @ City Hall, Office of the City Clerk 213 E. Foothill Bl. Azusa, Ca. 91702 “Creating a Lifetime of Memories for the Entire Family” CITY OF AZUSA NOTICE INVITING BIDS The City of Azusa (“City”) will receive sealed bids for the “Citywide Tree Maintenance Program” at the office of the City Clerk, City Hall, 213 E. Foothill Blvd., Azusa, CA 91702 no later than April 27, 2016 at 11:00 A.M. at which time or thereafter said bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for 90 calendar days after the bid opening date. Bids must be submitted on the City’s Bid Forms. Bidders may obtain a hard copy of the Complete Bid Package from the Recreation & Family Services office at 320 N. Orange Place, Azusa, California 91702 for a non-refundable charge of $20.00 Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price. A Mandatory Pre-Bid Meeting will be held at the Recreation & Family Services Department located at 320 N. Orange Place, Azusa, California 91702 on the following date and time: April 6, 2016 at 11:00 A.M. Each and every Bidder must attend the Pre-Bid Meeting. Bids will not be accepted from any bidder who did not attend the Pre-Bid Meeting. Each bid shall be accompanied by the security referred to in the Contract Documents, the non-collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders. The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California. Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract. The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at the City Clerk’s Office or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: C-61/D-49 Tree Service and C27 for applicable subcontractors. Award of Contract: The City shall award the Contract for the Project to the lowest responsible bidder as determined from the base bid alone by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process. For further information, contact Ross Montes at (626) 812-5260 Published San Gabriel Valley Tribune, March 23, 2016 - 1 - TA BLE O F CO NT ENT S Proposal Information for Contractors/ Proposal Requirements 2 Instructions to Bidder 13 Bid Proposal 18 General Conditions 22 Agreement Sample 28 Exhibit A: Scope of Maintenance Services 44 Exhibit B: Bid Bond 50 Exhibit C: Non-Collusion Affidavit 51 Exhibit D: Faithful Performance Bond 52 Exhibit E: Labor and Materials Bond 54 Exhibit F: Contract Pricing Bid Sheet 56 Exhibit G: Current Tree Inventory (Park Division) 57 Exhibit H: Species Frequency DBH/Height (Park Division) 62 Exhibit I: Grid Cycle Map (Park Division) 64 - 2 - PROPOSAL INFORMATION FOR CONTRACTORS SCHEDULE OF ACTIVITIES: Request for Proposal for Citywide Tree Maintenance Program The schedule of key milestones related to the City of Azusa Citywide Tree Maintenance Program is as follows: Submit plans & specifications to City Council 3/21/2016 Publishing Date 3/23/2016 Mandatory Pre-Bid Meeting 4/6/2016 (11:00 am) Written Questions Submission Deadline 4/12/2016 City Response to Written Questions 4/19/2016 Receipt of Proposals to City 4/27/2016 (11:00 am) Staff Recommendation to City Council 6/6/2016 Award of Contract 6/6/2016 First Day of Tree Maintenance Services 7/1/2016 1. LOCATION OF WORK The Citywide Tree Maintenance Program will consist of the maintenance of all trees on properties owned and maintained by the City, including parks, buildings, medians and right of ways, including Electric Division right of ways throughout the City. The proposal is for a (3) year term beginning July 1, 2016 and ending June 30, 2019 with (2) one-year extensions, for a total of (2) additional years. The bid is to be presented as per the Contract Pricing Sheet. The City will inspect the work of the Contractor on an as needed basis against the stated standards to determine compliance and payment. The work to be performed under the Contract consists of the furnishing of all labor, insurance, materials, transportation and equipment needed to perform all Tree Maintenance at various locations in the City of Azusa further described in Scope of Work which is attached hereto as Exhibit A. 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITES Before submitting a bid, the bidder must (I) examine the Contract Documents thoroughly; including without limitation the Agreement wherein each of the other Contract Documents is identified; (II) visit the sites and the locality where the work is to be performed to familiarize themselves with local conditions that may in any manner effect the cost, progress or performance of the work in strict accordance with the Contract Documents; (III) familiarize themselves with federal, state and local laws, ordinances, rules and regulations that may in any manner affect the cost, progress or performance of the work in strict accordance with the Contract Documents; and (IV) study and carefully correlate bidder's observations with the Contract Documents. Reports, if any, of investigations of physical conditions at the work sites or otherwise effecting cost, progress or performance of the work, which have been relied upon by staff in preparing the specifications, are identified in the general Conditions or Scope of Work. Before submitting the bid, the bidder shall, at their own expense, make such additional investigations and tests as the bidder may deem necessary to determine their bid for performance of the work in strict accordance with the Contract Documents. By submitting a bid, the bidder warrants that they have complied with every requirement of this proposal - 3 - and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. All questions about the meaning or intent of the Contract Documents shall be submitted to the Park Supervisor no later than 4/12/2016 All interpretations shall be issued by written Addenda, which will be on file in the office of the City Clerk at 213 E. Foothill Blvd., Azusa, Ca. In addition, Addenda shall be emailed to each bidder recorded by the City Clerk as having received the Contract Documents, but it shall be the bidder's responsibility to make inquiry as to Addenda issued. Failure of the bidder to receive any such Addenda shall not relieve the bidder from any obligation under the Contractors bid as submitted. Only interpretations issued by written Addenda will be binding: all such Addenda shall become part of the Contract Documents. Interpretations issued orally or by any means other than as specified in this section shall be without legal effect. 3. INTERPRETATION OF CONTRACT DOCUMENTS No oral representation or interpretations will be made to any Contractor as to the meaning of the Contract Documents. Requests for interpretation shall be made in writing no later than 4/12/2016. Interpretations, where necessary, will be made by the City in the form of an addendum to the Contract Documents and, when issued, will be sent as promptly as is practical to all parties to whom the Proposal documents have been issued. All such addenda shall become part of the Contract. Requests for information shall be directed to: PARK DIVISION LIGHT DIVISION Ross Montes, Park Supervisor Dan Kjar, Electric Operation Supervisor 320 N. Orange Pl. 1020 W. 10th St. Azusa, CA 91702 Azusa, CA 91702 Email – rmontes@ci.azusa.ca.us Email – dkjar@ci.azusa.ca.us Phone: (626) 812-5260 Phone: (626) 812-5216 Fax: (626) 812-0321 Fax: (626) 812-5122 It shall also be the Contractor’s responsibility to call to the attention of the City any missing pages in the Contract Documents, including the addenda. These items shall be brought to the attention of Ross Montes in writing at the above address no later than 4/12/2016. 4. PROPOSAL REQUIREMENTS Successful proposals shall include: Bid Proposal Non-Collusion Affidavit Faithful Performance Bond Bid Bond – at 10% of the Bid amount Statement of Qualifications References Contract Pricing Bid Sheet Maintenance Agreement (Sample) Computer Software Information and Demo Proposals must fully address all areas requested, contain complete technical submittals, references, and - 4 - data to verify qualifications and experience and include a statement that the City contract can be executed, and any exceptions. Proposals without complete submittal data will be considered non-responsive. As part of the technical proposal, Contractors must evaluate the City’s proposal terms and conditions. No exceptions will be made to the scope of work. The City reserves the unilateral right to amend this RFP in writing at any time. The City also reserves the right to cancel or re-issue the RFP at its sole discretion. Proposers shall respond to the final written RFP and any exhibits, attachments and amendments. All proposers shall verify if any addendum for this project has been issued by the City. It is the proposer’s responsibility to ensure that all requirements of contract addendum are included in the proposer’s submittal. Once all the proposals are reviewed and the “lowest, qualified, responsible bidder” is determined, the City Clerk will deliver a written Notice of Award to the successful proposer. The City reserves the unilateral right to decline to award the contract to any of the Contractors submitting proposals. The City reserves the unilateral right to award the contract to the single “lowest, qualified, responsible bidder” for all of the Units combined, or to more than one responsible Contractor with the lowest bids on a per Unit cost, with the Units defined in Exhibit G. The City reserves the right to reject any and all proposals and the right to waive minor irregularities in any proposals. Waiver of one irregularity does not constitute waiver of any other irregularities. The review of all proposals for completeness is expected to be completed within five business days after bid opening. Overall responsiveness to the Request for Proposal is an important factor in the review process. Each Proposal shall be enclosed in a sealed envelope, labeled and delivered to: Ci ty Clerks Of fice , Azusa City Hall 213 E. Foothill Bl vd. Azusa, Ca. 91702 by 11:00 A.M . Wednesday April 27, 2016. Contractors are warned against making erasures or alterations of any kind, without initialing each and every such change. Proposals that contain erasures or irregularities of any kind, without such initialing, or omissions, may be rejected. No oral, telegraphic, or telephone (including facsimile) proposals or modifications will be considered. Proposals received after the deadline date will not be accepted. Postmarks will not be accepted. No Contractor may withdraw their Proposal for a period of ninety (90) days after the date set for the opening of Proposals. 5. AWARD OF CONTRACT The City reserves the right to reject any and all bids. The City also reserves the right to reject any bid that is not in strict accordance with the Contract Documents or, in the alternative, to waive any irregularity or informality in any bid or in the bidding. Discrepancies between words and numerals shall be resolved in favor of the correct sum, Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum. [P.C.C. Section 20166] If the contract is to be awarded, it shall be awarded to the “lowest, qualified, responsible bidder”. The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders. The award, if made, will be within sixty (60) days after the opening of bids. 6. DELIVERABLES REQUIRED OF SUCCESSFUL CONTRACTOR The successful Contractor(s) shall enter into a Maintenance Agreement (sample copy attached) with the City - 5 - of Azusa and submit the following items within fifteen (15) days of notice of award: 1. City of Azusa business license. Note to contractor, business licenses can take up to 30 days to receive. 2. Copy of Certificate of Insurance which shows compliance with the attached requirements and naming the City of Azusa as an additional insured. 3. Copy of the Current General Contractor License indicating a State of California C-27 or C-61 or D-49. Any bidder not so licensed at the time of the bid opening will be rejected as nonresponsive. 4. Copy of the Contractor’s written safety program, IIPP. 7. COMPLIANCE WITH APPLICABLE LAWS All services rendered shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City, and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is provided. Contractor is responsible for obtaining all permits and licenses required to perform work such as an encroachment permit through Caltrans. All recycling costs shall be included in the bid price. 8. PERMITS AND CODES The selected proposer will comply with all laws, codes, rules and regulations of the State, County, and City applicable to the work to be performed at the City’s location(s). The City will provide permits at no cost to the Contractor. 9. NON-COLLUSION AFFIDAVIT The Contractor declares, by signing and submitting a proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other contractor to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any contractor or anyone else to put in a proposal, or that anyone shall refrain from proposing; that the contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Contractor or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or that of any other contractor, or to secure any advantage against the public body awarding the contract of anyone interested in the contractor has not, directly or indirectly, submitted his or her proposal price or any breakdown, or the contents or divulged information or data relative, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent to submit a sham proposal. 10. DISQUALIFICATION OF CONTRACTOR If there is a reason to believe that collusion exists among any of the Contractors, none of the Proposals of the participants in such collusion will be considered, and Azusa may likewise elect to reject all Proposals received. 11. COMPLETING AND SIGNING FORMS - 6 - The Contractor’s attention is directed to the forms included in the Contract Documents, which must be completed and signed. Failure to properly complete and sign any forms may be cause for rejection of a Proposal. The Contract Documents and all attachments thereto shall be executed in the following manner: If the bidder is: (a) An individual, in the name of the individual and if doing business by a fictitious name, the fictitious name and, if the document is the Bid Proposal or Agreement, the business address and telephone number of the individual must be shown below the signature. (b) A partnership, in the partnership name and signed by a general partner, whose title must appear under the signature and, if the document is the Bid Proposal or Agreement, the business address and telephone number of the partnership must be shown below the signature. (c) A corporation; in the corporate name by a duly authorized officer or agent accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant secretary. If the document is the Bid Proposal or Agreement, the state of incorporation shall be shown below the corporation name, and the corporate address and telephone number shall be shown below the signatures. Attorneys in fact who sign any Contract Document or any attachment thereto must file with the document a certified copy of their power of attorney to sign said document. All signatures must be in ink and all names must be typed or printed below the signature. All signatures on the Bid Proposal and Agreement must be acknowledged before a notary public and a notary's certificate of each acknowledgment must be filed with the document. 12. CONFLICT OF INTEREST No employee of Azusa shall participate in selection, award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, any member of his/her immediate family, his or her partner, an organization which employs, or is about to employ, any of the above interest in the firm selected for award. Azusa officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, potential Contractors, or has a financial or other interest in the firm selected for award parties to sub agreements. 13. WARRANTY OF TITLE Contractor warrants to Azusa, its successors, and assigns that the title to the materials, supplies or equipment covered by the Contract, when delivered to Azusa or to its successors or assigns, is free from all liens and encumbrances. 14. WARRANTY OF FITNESS Contractor warrants that all materials, supplies and products furnished meet the requirements and conditions of the Contract Documents and are fit for the purpose intended. 15. RISK OF LOSS All loss or damage arising from any unforeseen obstruction or difficulties, either natural or artificial, which may be encountered in the execution of the work, or the furnishing of the supplies, materials, or equipment, or from any action of the elements prior to final written acceptance of the work, or of the supplies, materials or equipment, or from any act or omission not authorized by the Contract Documents - 7 - on the part of the Contractor or any agent or person employed by it, shall be sustained and borne solely by the Contractor. 16. CONTRACTOR’S INDEMNITY The City and its officers, agents and employees thereof connected with the work shall not be answerable or accountable in any manner for any loss or damage that may happen to the Services or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City’s officers, agents or employees. To the fullest extent allowed by law, Contractor and Contractor’s subcontractors shall defend, indemnify and hold harmless the City, its elected and appointed officers, contractors, employees, volunteers, and agents (the “City Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor’s employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Services, regardless of the Contractor’s fault or negligence, including any of the same resulting from City Parties’ alleged or actual negligent act or omission; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole negligence or willful misconduct of the City Parties. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City, may be retained by the City until disposition has been made of such suits or claims for damage. 17. RECORDS/AUDIT Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers. Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract. Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for this three-year period. Pursuant to California Government Code Section 10532, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering the Contract. 18. NON-EXCLUSIVITY OF AWARDED CONTRACT It shall in no way be construed that any contract to be awarded hereby is or shall be the sole or exclusive contract for services into which the City may enter. The Contractor has no exclusive rights granted per this contract. 19. WORK SCHEDULE All contract employees are to adhere to basic standards for working attire including; uniform shirts with - 8 - Contractor’s name or logo clearly visible at all times when working at all locations, proper shoes and other gear required by State Safety Regulations. Shirts are to be maintained in a neat and presentable condition. All Contractor vehicles are to have a readable sign with Contractor’s name or logo and telephone number. Trucks are to be kept in a clean and presentable condition; equipment shall be of same condition and graffiti free. The Contractor will be expected to know the streets within the City of Azusa so that work can be performed independently. Contractor is responsible for (a) having thoroughly investigated and considered the scope of work to be performed, (b) carefully considering how the services should be performed, and (c) fully understanding the facilities, difficulties, and restrictions attending the performance of the services required. Contractor is responsible to investigate each site and be fully acquainted with the conditions of each site. Should the Contractor discover any latent or unforeseeable conditions, which will materially affect the performance of services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City. 20. COMPLIANCE WITH LAW All services rendered shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City, and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is provided. Contractor is responsible for obtaining all permits and licenses required to perform work such as encroachment permit through Caltrans. All recycling costs shall be included in the bid price. 21. TERM OF CONTRACT The term of the contract shall be thirty-six (36) months with a maximum extension of two additional years. The City Manager or his designee may elect to continue the contract for up to two (2) additional years, with the understanding that the decision will be based upon not only performance of the contract duties but also upon the unit bid prices as negotiated mutually by the Contractor and the City. Prior to award of contract, Contractor selected would need to agree and sign the attached contract. 22. INDEMNIFICATION AGREEMENT The Contractor will protect, defend and indemnify the City of Azusa, its officers, agents, servants, volunteers and employees from any and all liabilities, claims, liens, fines, demands and costs, including legal fees, of whatsoever kind and nature which may result in injury or death to any persons, including the Contractor’s own employees, and for loss or damage to any property, including property owned or in the care, custody or control of City of Azusa in connection with or in any way incident to or arising out of the occupancy, use, service, operations, performance or non-performance of work in connection with this contract resulting in whole or in part from negligent acts or omissions of contractor, any sub-contractor, or any employee, agent or representative of the contractor or any sub-contractor. 23. KNOWLEDGE OF APPLICABLE LAWS INCLUDING LABOR AND WORKER’S COMPENSATION Contractor shall remain knowledgeable of applicable local, state and federal laws and regulations, which may affect those, employed by it or in any way affect the performance of its services pursuant to this contract. 24. COMPLIANCE WITH REGULATIONS Contractor shall observe and comply with all such laws and regulations affecting its employees including but not limited to: labor, worker’s compensation, etc. The law of the State of California shall govern all rights - 9 - and duties of the successful contract and the City under the contract entered into pursuant to the RFP. City and its officers and employees shall not be liable at law or in equity as a result of any failure of Contractor to comply with this section. 26. NON-EXCLUSIVITY OF AWARDED CONTRACT It shall in no way be construed that any contract to be awarded hereby is or shall be the sole or exclusive contract for services into which the City may enter. The Contractor has no exclusive rights granted per this contact. 27. PRE-CONTRACTUAL EXPENSE The City of Azusa is not responsible for any pre-contractual expense generated due to the submission of the bid. 28. CITY OF AZUSA BUSINESS LICENSE Should the successful bidder not have a Azusa business license, one must be obtained prior to the commencement of any work. 29. WARRANTY Besides warranties and guaranties otherwise required by the Contract Documents, Contractor warrants and guarantees all work for a period of one year after date of acceptance of work by the City and shall repair or replace any or all such work, together with any other work, which may be displaced in so doing, that may prove defective in workmanship, materials or both within one year from date of acceptance without expense whatsoever to the City, ordinary wear and tear, usual abuse or neglect excepted. The Park Supervisor/Electric Operations Supervisor will give notice of observed defects with reasonable promptness. Contractor shall notify the Urban Forester upon completion of repairs. (A) In the event Contractor fails to commence the corrective work within ten (10) days after being notified in writing to do so by the Park Supervisor/Electric Operations Supervisor or representative and prosecute the corrective work to timely completion, the City may proceed to have defects corrected and made good at the expense of Contractor who shall pay costs and charges therefore immediately on demand. (B) If, in the opinion of the Park Supervisor/Electric Operations Supervisor or representative, defective work creates dangerous conditions, requires immediate corrective work to prevent further loss to the City, or to prevent interruption of operations of the City, the Park Supervisor/Electric Operations Supervisor or representative shall attempt to give the notice required by this section. If Contractor cannot be contacted or does not comply with the City's request for correction within a reasonable time as determined by the Park Supervisor/Electric Operations Supervisor or representative, the City may, notwithstanding the provisions of this Section, proceed to make such corrective work, and the Contractor shall be liable for costs of such corrective work. Such action by the City will not relieve Contractor of the warranties and guaranties provided in this Section or elsewhere in the contract. (C) This section does not in any way limit the warranty or guaranty on any material for which a longer warranty or guaranty is specified in the Contract Documents or on any items for which a manufacturer gives a warranty or guaranty for a longer period. Contractor shall furnish the Park Supervisor/Electric Operations Supervisor or representative with all appropriate warranty and guaranty certificates upon completion of the work. - 10 - 30. LIENS No materials; supplies, tools or equipment for work under this contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest herein or in any part thereof is retained by seller or supplier. Contractor warrants good title to all materials installed or incorporated in the work by Contractor or any subcontractor and agrees upon completion of all work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by him or her, to the City free from any claims, liens; or charges. Contractor further agrees that neither he nor any person, firm, or corporation furnishing any materials, supplies, tools, equipment or labor for any work covered by this contract shall have any right to lien upon the premises or any improvement or appurtenance thereon, except that Contractor may install metering devices or other equipment of utility companies or of political subdivisions title to which is commonly retained by utility company or political subdivision. In event of installation of any such metering device or equipment, Contractor shall advise the City as to owner thereof. Nothing contained in this article, however, shall defeat or impair the rights of persons furnishing material or labor under any bond given by Contractor for their protection or any rights under any law permitting such persons to look to funds due Contractor in the hand of the City, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for work when no formal contract is entered into for such material. 31. LIQUIDATED DAMAGES (N/A) 32. SUBCONTRACTING Contractor agrees to bind every subcontractor by the terms of the contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this contract, Contractor shall be as fully responsible to the City for acts and omissions of every subcontractor and of persons either directly or indirectly employed by every such subcontractor, as they are for acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. 33. CITY CONSENT TO SUBCONTRACTOR The City's consent to, or approval of, any subcontractor under the contract shall not in any way relieve Contractor of their obligations under the contract and no such subcontract or approval thereof shall be deemed to waive any provision of the contract between the City and Contractor. 34. CONTRACTOR'S RESPONSIBILITIES If any part of Contractor's work depends for proper execution or results upon work of any other contractor, Contractor shall inspect and promptly report to the Park Supervisor/Electric Operations Supervisor or representative any defects in such work that render it unsuitable for such proper execution and results. The Contractors failure to do so shall constitute a waiver by Contractor of any claim of delay caused by events beyond Contractor's control. 35. COMMUNICATION WITH CITY Contractor shall designate one person as the representative of Contractor authorized to act on its behalf - 11 - with respect to this specified work. The City of Azusa, through a designated representative, shall make inspections on an as needed basis, or as often as necessary to insure that complete and continuous work is fulfilled. In addition, the City may obtain the services of an approved horticultural specialist to inspect plantings and make recommendations for improvements in the maintenance program. 36. INSURANCE Contractor shall, at no cost to Azusa, obtain and maintain during the term of those insurance amounts listed in the attached Agreement. 37. FAITHFUL PERFORMANCE BOND At its sole cost, Contractor shall provide a Faithful Performance Bond for the Contract. Faithful Performance Bond shall be delivered to City at the time bid is submitted. See attached Exhibit D for details. 38. VANDALISM AND ACCIDENTAL DAMAGE In cases where accidents or vandalism occur, the City will restore the sites. 39. OTHER The Contractor shall be responsible for any and all damage to surface, including sidewalks and underground improvements due to the Contractor’s operations on or adjacent to parcels upon which tree maintenance work is performed. Personal property found by the Contractor on City property or in public right-of-ways shall be reported to the City representative immediately and turned into the City on the same day that the property is found. 40. PAYMENT Payment for all services shall be made based on the Tree Maintenance bid price. Contractor shall submit an invoice for services rendered the prior month. Invoices shall be paid by the City within thirty days of receipt. 41. INSPECTION OF SITE OF WORK Contractors are required to inspect the site of the work in order to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and the actual conditions of and at the site. Contractors may apply to the City for additional information and explanation before submitting proposals. However, no supplemental information requested or furnished shall vary the terms of the Contract Documents or affect the Contractor’s sole responsibility to satisfy themselves as to the conditions of the work to be performed. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the actual conditions or location of the work. Submission of a proposal by a Contractor shall constitute acknowledgment that the Contractor has relied, and is relying, on its own examination of (a) the site of the work; (b) access to the site; (c) all other data, matters, and things requisite to the fulfillment of the work and, on their own knowledge of existing facilities on and in the vicinity of the site of the work and not on any representation or warranty of the lack of knowledge of the above items. 42. COMPLETING AND SIGNING FORM The Contractor’s attention is directed to the forms included in the Contract Documents, which must be completed and signed. FAILURE TO PROPERLY COMPLETE AND SIGN ANY FORMS MAY BE CAUSE FOR REJECTION OF A PROPOSAL. 43. SUBMITTAL REQUIREMENTS The Contractor shall submit one (1) original and three (3) copies of the Proposal for City of Azusa Citywide Tree Maintenance Program to: - 12 - City of Azusa City Clerk’s Office 213 E. Foothill Blvd. Azusa, CA 91702 City staff will accept proposals for City of Azusa Citywide Tree Maintenance Program until 11:00 A.M. Wednesday April 27, 2016. Postmarks will not be accepted and late Proposals will not be considered. 13 INSTRUCTIONS TO BIDDERS Terms Defined Terms used in these Instructions to Bidders, which are defined in the General Conditions, have the meaning assigned to them in the General Conditions. The term "successful bidder" means the lowest, qualified, responsible bidder to whom the City makes an award of contract on the basis of the City's evaluation as hereinafter provided. Pursuant to Public Contract Code Section 3400 and the Contract Documents, all specifications shall be deemed to include the words "or equal", provided however; permissible exceptions hereto shall be specifically noted in the specifications. [P.C.C. Section 34001] Copies of Contract Documents Complete sets of Contract Documents may be purchased from the Recreation & Family Services office, as stated in the Request for Proposal. Complete sets of Contract Documents shall be used in preparing bids. The bidder must satisfy for himself that he has received a complete set of Contract Documents. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Qualifications of Bidder Before submitting a bid, the bidder shall be licensed to perform as prime contractor in accordance with the provisions of the Contractors State License Law, California Business and Professions Code Section 7000 et seq. As evidence of such qualification, the bidder shall record on his Bid Proposal the number; classification and termination date of all necessary State licenses. Necessary City licenses may be secured after the bids are opened, but prior to executing the contract. [P.C.C. Section 3300 & B. & P. Code Section 7000 ET seq.] In order for the City to determine the “successful bidder”, the bidder must be prepared to submit in writing, within five (5) days after being requested to do so by the City, such information and data as the City may request, including without limitation, financial data, and previous experience. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that the bidder is the lowest, qualified, responsible bidder properly qualified to carry out the contract. Examination of Contract Documents and Sites Before submitting a bid, the bidder must (I) examine the Contract Documents thoroughly; including without limitation the Agreement wherein each of the other Contract Documents is identified; (ii) visit the sites and the locality where the work is to be performed to familiarize himself with local conditions that may in any manner effect the cost, progress or performance of the work in strict accordance with the Contract Documents; (iii) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect the cost, progress or performance of the work in strict accordance with the Contract Documents; and (iv) study and carefully correlate bidder's observations with the Contract Documents. Pursuant to Public Contract Code Section 3400 and the Contract Documents, all specifications shall be deemed to include the words "or equal", provided however; permissible exceptions hereto shall be specifically noted in the specifications. [P.C.C. Section 34001] 14 Reports, if any, of investigations of physical conditions at the work sites or otherwise effecting cost, progress or performance of the work, which have been relied upon by staff in preparing the specifications, are identified in the general Conditions or scope of work. The City will make copies of such reports available to any bidder upon request. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting their bid, the bidder shall, at their own expense, make such additional investigations and tests as the bidder may deem necessary to determine their bid for performance of the work in strict accordance with the Contract Documents. The sites upon which the work is to be performed rights-of-way for access thereto, and other lands designated for use by contractor in performing the work are identified in the description of locations. By submitting a bid, the bidder warrants that he has complied with every requirement of this proposal and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. All questions about the meaning or intent of the Contract Documents shall be submitted to the Park Supervisor in writing not less than five (5) days prior to the date for the opening of bids. All interpretations shall be issued by written Addenda, which will be on file in the office of the City Clerk at 213 E. Foothill Blvd., Azusa. In addition, Addenda shall be posted on the City website and mailed to each bidder recorded by the City Clerk as having received the Contract Documents, but it shall be the bidder's responsibility to make inquiry as to Addenda issued. Failure of the bidder to receive any such Addenda shall not relieve the bidder from any obligation under their bid as submitted. Only interpretations issued by written Addenda will be binding: all such Addenda shall become part of the Contract Documents. Interpretations issued orally or by any means other than as specified in this section shall be without legal effect. Bid Proposal Each bid must be on a Bid Proposal furnished by the City as part of the Contract Documents. Any change in, or addition to the Bid Proposal or any modifications of the Bid Proposal which is not specifically called for in the Contract Documents or, the omissions from the Bid Proposal of any information or response which is specifically called for in the Contract Documents may result in the City’s rejection of the bid as not being responsive to the Request For Proposal. All blanks in the Bid Proposal must be appropriately responded to. If an answer or other response to a blank is not applicable, the blank shall be responded to with “N/A”. The Bid Proposal must be completed in ink or in typewritten form. The bid sum and all bid amounts on the form must be stated in words and numerals: in case of a conflict, words will take precedence. The Bid Proposal must not contain any erasures, interlineations or other corrections, unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname(s) of the person(s) signing the bid. 15 The Bid Proposal and each Attachment thereto shall be executed in the manner required by the hereinafter Section titled signatures. No person, including without limitation, any individual, partnership or corporation, shall make, file or be interested in more than one bid for the work unless alternate bids are specifically called for in the Specifications. A person that has submitted a sub bid to a bidder that has quoted prices of materials to a bidder is not disqualified from submitting a sub bid or quoting price to other bidders or making a prime bid. Submission of Bid The bid shall be submitted within the time and at the place indicated in the Request for Proposal. The bid shall be accompanied by Bidder's Security in an amount equal to at least ten (10) percent of the bid amount, which security shall be lawful money of the United States of American and in one of the following forms: (i) cash; (ii) cashier's check made payable to the City; (iii) certified check made payable to the City; or (iv) bid bond executed by an admitted surety insurer and made payable to the City. If the security is a bid bond it shall be submitted on the form which is part of the Contract Documents; no substitutions shall be accepted. [P.C.C. Section 20170] The bid shall be enclosed in a sealed envelope, marked with the project identification and the name and address of the bidder and shall be accompanied by the Bidder's Security and other required documents. If the bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. The City is not responsible for any delays in Postal Service which cause a late/non-responsive bid. Withdrawal of Bids The Bidder may withdraw their bid by submitting a letter duly executed in the manner that a bid must be executed and delivered to the City Clerk at any time prior to the opening of bids. Bids to Remain Open All bids to remain open for (120) days after the date of the opening of bids. Prior to that date, the City: (i) may, at its sole discretion, release any bid and return the bidder’s security, or (ii) shall release any bid and return all Bidders’ Security, upon the successful bidder’s furnishing the required bonds and certificate any other required documents and return to the City all the number of executed copies of the Agreement. Award of Contract The City reserves the right to reject any and all bids. The City also reserves the right to reject any bid that is not in strict accordance with the Contract Documents or, in the alternative, to waive any irregularity or informality in any bid or in the bidding. Discrepancies between words and numerals shall be resolved in favor of the correct sum, Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum. [P.C.C. Section 20166] If the contract is to be awarded, it shall be awarded to the “lowest, qualified, responsible bidder”. The City may-conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish 16 the responsibility, qualifications and financial ability of the bidders. The award, if made, will be within sixty (60) days after the opening of bids. Delivery of Agreement Within fifteen (15) days of the Selection and Notification, the apparent “lowest bidder” shall deliver to The City of Azusa Parks and Light Divisions: 1. Signed Public Works Agreement (2 counterparts) 2. City of Azusa business license 3. Copy of Certificate of Insurance, which shows compliance with the attached requirements and naming the City of Azusa as an additional insured 4. Copy of the Current General Contractor License Number The Agreement will be approved by the City Council and signed by the Mayor at the City Council meeting on 6/6/2016. Prior to submittal the Contractor shall submit the labor and materials bond, faithful performance bond and any other documents required by the Contract Documents. The bonds and workers' compensation certificate shall be submitted on the forms which are part of the Contract Documents; no substitutions shall be accepted. Within fifteen (15) days thereafter, the City shall deliver one fully signed counterpart to the successful bidder. The Agreement and each Attachment thereto shall be executed in the manner required by the Department. If the successful bidder fails to execute and deliver the Agreement and other items listed above furnish the required bonds, certificates and other documents within the allotted timeframe, the City may annul the award of the contract and the Bidder's Security of the bidder shall be forfeited, except as provided by California Public Contract Code Section 20174. [P.C.C. Section 20174] Signatures The Contract Documents and all attachments thereto shall be executed in the following manner: If the bidder is: An individual, in the name of the individual and if doing business by a fictitious name, the fictitious name and, if the document is the Bid Proposal or Agreement, the business address and telephone number of the individual must be shown below the signature. A partnership, in the partnership name and signed by a general partner, whose title must appear under the signature and, if the document is the Bid Proposal or Agreement, the business address and telephone number of the partnership must be shown below the signature. A corporation; in the corporate name by a duly authorized officer or agent accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant secretary. 17 If the document is the Bid Proposal or Agreement, the state of incorporation shall be shown below the corporation name, and the corporate address and telephone number shall be shown below the signatures. Attorneys in fact who sign any Contract Document or any attachment thereto must file with the document a certified copy of their power of attorney to sign said document. All signatures must be in ink and all names must be typed or printed below the signature. All signatures on the Bid Proposal and Agreement must be acknowledged before a notary public and a notary's certificate of each acknowledgment must be filed with the document. Time for Commencement and Completion Unless otherwise specified in the General Conditions, the Contractor shall: Work shall commence July 1, 2016. Diligently prosecute the work to completion within thirty six (36) months after the commencement of work. This contract shall begin on 7/1/16 and end on or before 6/30/19. Upon written request of the contractor and if approved in writing by the City Manager, the time for commencement, completion or both may be extended. End of Instructions to Bidders Section 18 BID PROPOSAL WORK IDENTIFICATION: CITY OF AZUSA CITYWIDE TREE MAINTENANCE PROGRAM NAME OF BIDDER: CA. CONTRACTOR’S LICENSE: No. Class Termination Date 1. Proposal (a) Bidder has examined copies of all the Contract Documents, including without limitation the Agreement wherein each of the other Contract Documents is identified, and accepts all the terms and conditions thereof. (b) Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City in the form included in the Contracts Documents to complete all work as specified in the Agreement for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents._ ( c) This bid will remain open and not be withdrawn for the period in the Instruction to Bidders. If awarded the bid, bidder will sign the Agreement and submit the bonds, certificates and other documents required by the Contract Documents within fifteen (15) days after the date of the award of the contract by the City Council. (d) Bidder has examined the sites where the work is to be performed and the legal requirements and conditions affecting the cost, progress and performance of the work in strict accordance with the Contract Documents. 2. Bid Bidder agrees to construct and complete, ready for use, all work as required and made necessary by the Contract Documents for the sum of + dollars ($ ). Bidder acknowledges that the total bid sum shown in this paragraph 2 must equal the totals found on page 56 under “Exhibit F” Contract Bid Pricing Sheet. The Contract Bid Pricing Sheet is for purpose of reference to cost per items and the city will use that price list when requesting additional service request. Bidder also acknowledges that the City does not expressly or by implication agree that the actual amount of work shall correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the Recreation & Family Services Director and that final payment shall be made at the unit prices bid, upon the basis of actual measured quantities as the same may be finally determined by the Recreation & Family Services Director . Bidder acknowledges that the total bid sum shown in this paragraph 2, and all sums shown on any Unit Price List attached hereto, includes (I) all labor, materials, tools, equipment and services and all taxes, insurance, other general expenses, overhead and profit and (II) all trimming, grubbing, clearing, and removal of all obstructions necessary for the doing of the work, the preservation of existing structures, shrubs, and trees, where required, and all required incidents to the doing of the work, area clean-up, traffic protection, and the reconstruction and severances required in the doing of the work. 19 3. Schedule Bidder understands that early completion is important to the City. Therefore, time being of the essence, bidder proposes that the work will be commenced and will be completed within the time specified in Article 13 of the Instruction to Bidders. 4. Addenda Bidder acknowledges receipt of Addenda identified as: 5. Bidder Information (a) Bidder has years of experience as a contractor in Tree Maintenance work. (b) Bidder has recently completed the three (3) following Tree Maintenance contracts: Contract Class Date Amount of Work Completed Names and Address of Owner _ 6. Designation of Subcontractors In compliance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., listed below is each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or will specifically fabricate and install a portion of the work in an amount in excess of one half of one (0.5%) percent of the total bid. Also listed below is the portion of the work which will be done by each subcontractor. (List only one subcontractor for each portion of the work as defined by the bidder in this bid.) [P.C.C. Section 4100 et sea.,) Subcontractor Location of Work Portion of Work 20 7. Attachments The following documents, signed in accordance with the Instructions to Bidders pages 17-21, are attached hereto, and made a part of this bid: (a) Non-Collusion Affidavit, as required by Public Contract Code Section 7106 and made a part of this Bid Proposal. (b) Required Bid Bond/Security in the forms of (c) Cost Proposal (e) Other pertinent documents (list here and attach to this bid Dated this day of , 2016 IF BIDDER IS: An Individual By (Individual’s Name) Doing Business as Business address:_ Phone No.: (_ ) A Partnership (Firm Name) By (General Partner) (Title) Business address: Phone No. :( ) A Corporation (Corporation Name) (State of Incorporation) By (Person Authorized to Sign) (Title) (Corporate Seal) Attest 21 Business address: Phone No.: (_ ) A Joint Venture By (Name) (Address & Phone No.) By (Name) (Address & Phone No.) End of Bid Proposal Section 22 GENERAL CONDITIONS 23 GENERAL CONDITIONS Definitions General Language Terms defined in this Article which are used in Contract Documents have the meaning assigned herein, unless the context requires a different meaning. (A) Words used herein in masculine gender include the feminine and neuter, and vice versa; the singulars include the plural, and vice versa. The word "person" includes a corporation, association or partnership. (B) Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases having a well-known or technical meaning shall be construed. Terms Defined (A) City The City of Azusa, or the Azusa Community (B) City Clerk The City Clerk. (C) City Council The City Council. (D) Contractor The successful bidder to whom the contract is awarded. (E) Days Calendar days, unless business days or workdays are expressly specified. (F) Park Supervisor The Park Supervisor or his/her duly authorized agents, representatives, or inspectors. (G) Electric Operations Supervisor Electric Operations Supervisor or his/her duly authorized agents, representatives, or inspectors. (H) Materials Any material, equipment, appliance, process, item or article of any nature whatsoever installed or incorporated into the work or provided to the City under the contract. (I) Project The project is the total improvement, of which the work performed under the contract may be the whole or a part. (J) Special Conditions Any Contract Document that supplements modifies and, when in conflict, supersedes these General Conditions. (K) Standard Specifications Standard Specifications for Public Works Construction, latest edition, written Green Book and promulgated by the Joint Committee of the Southern California Chapter, American Public Works Association, and the Southern California Districts, Associated General Contractors of California (L) Subcontractor Any subcontractor under the Contractor (M) Work That which is proposed to be constructed or done under the contract, in strict accordance with the Contract Documents, including the furnishing of all necessary or convenient tools, equipment materials, labor and transportation. 24 1. RENDITION OF SERVICES The Contractor hereby agrees to undertake, carry out and complete all work established herein in a professional and timely manner satisfactory to Azusa standards. 2. CONTRACTOR’S STATUS Neither the Contractor nor any party contracting with the Contractor shall be deemed to be an agent or employee of Azusa. The Contractor is and shall be an independent Contractor, and the legal relationship of any person performing work for the Contractor shall be one solely between said parties. 3. RELEASE OF INFORMATION The Contractor shall not release any reports, information, or promotional materials prepared in connection with the Agreement without obtaining the prior permission of Azusa by providing a copy to Azusa for review, comments and approval. 4. NOTICE TO PROCEED Approximately 15 days after execution of the Contract, and after receipt of acceptable insurance certificates by Azusa, a written Notice to Proceed will be mailed to the Contractor. The effective date of the Notice to Proceed will be the date stated as such in the Notice, provided that the effective date will not be earlier than the day following the issuance of the Notice to Proceed. 5 . ACCEPTENCE Acceptance by Azusa of any services furnished under the Contract shall occur only subsequent to the final review of authorized employees of Azusa. Azusa shall reject and refuse to pay for, any and all non-conforming services. Nothing in this section shall limit or restrict the warranty and remedy obligations of Contractor specified in this Contract. 6. LEGAL RELATIONS AND RESPONSIBILITIES The Contractor shall keep fully informed concerning all requirements of law, including, but not limited to all federal, state, and local laws and regulations which in any manner affect the performance of work under this Contract. The Contractor shall at all times observe, and shall cause all employees and sub-contractors to observe, all such requirements of law and shall protect, indemnify, defend, and hold harmless Azusa, its Park Supervisor/Electric Operations Supervisor, officers, agents and employees against all claims and liabilities arising from or based on the violation of any such requirement of law whether by the Contractor or their employees or sub-contractors. If any discrepancy or inconsistency is discovered in the Contract of the work in relation to any such requirements or laws, the Contractor shall immediately report the same to Azusa. If any part of these Contract Documents is declared invalid by a court of law, such decisions will not affect the validity of the remaining portion, which shall remain in full force and effect. 7. COMPLIANCE WITH LAWS AND REGULATIONS All services furnished pursuant to this Agreement shall be in compliance with all federal and state laws and applicable local regulations and ordinances. Contractor shall, if requested by Azusa, provide certification and evidence of such compliance. 25 8. CONTRACT CHANGE ORDER / AMENDMENT Azusa may at any time make alterations, deviations, additions to or deletions from the Contract Documents, and may increase or decrease the quantity of any item or portion of the work, or delete any item or portion of the work, and may require extra work, as determined by Azusa to be necessary or advisable. All such work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered. Any such changes will be set forth in a written Contract Change Order issued by Azusa. The Contract Change Order/Amendment will specify: (1) the work to be done in connection with the change to be made; (2) the amount of the adjustment of the Contract price, if any, and the basis for compensation for the work ordered; and (3) the extent of the adjustment in the Contract time, if any. A Contract Change Order or Amendment shall not become effective until the City Manager has signed it. No changes or deviations from the Contract Documents shall be made without an approved Contract change order, except in the case of emergency. In such case and upon receipt of a written directive signed by the City Manager, the Contractor shall proceed with the ordered work and Azusa will prepare a written contract change order for approval and issuance to the Contractor as soon thereafter as practicable. In the event the Contractor encounters any unanticipated conditions or contingencies that may affect the Scope of Work and would result in an adjustment in the amount of cost of the Contract, the Contractor shall so advise Azusa in writing immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation resulting thereof. Disagreement by the Contractor with Azusa’s determination of the need for, or amount of, an adjustment in Contract price or Contract time associated with an approved contract change order or amendment (or disagreement by the Contractor with Azusa’s determination that a change has not occurred and no contract change order or amendment is needed) shall not, under any circumstances relieve the Contractor from its obligation to promptly begin and diligently prosecute the work, including the change, as described in the approved contract change order or amendment. 9. HAZARDOUS CHEMICALS AND WASTES The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of performance of this Contract. The Contractor shall immediately report any such release to Azusa. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against Azusa by any agency as a result of such release and shall hold harmless, indemnify and defend Azusa from any claims arising from such release. For purposes of this section only, the term “claims” shall include (i) all notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and (ii) any claim, cause of action, or administrative or judicial proceeding brought against Azusa, its Park Supervisor/Electric Operations Supervisor, or employees, or for any loss, cost (including reasonable attorney’s fees), damage or liability, sustained or suffered by any person or entity, including Azusa. 26 If the performance of the work outlined by these Contract Documents creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own Environmental Protection Agency. Generator Number. In no event shall Azusa be identified as the generator. The Contractor shall notify Azusa of any such hazardous wastes and Azusa reserves the right to a copy of the results of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend Azusa from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor. 10. SAFETY Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations in performing the work under this Contract. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth therein. The Contractor shall develop and maintain for the duration of this contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. 11. TRAFFIC REQUIREMENTS Standard References All warning signs, barricades, lights and performance of flagmen shall conform to the "Manual of Traffic Controls for Construction and Maintenance Work Zones" (latest edition) which is compiled in accordance with Section 21400 of the California Vehicle Code and issued by the State of California, Department of Transportation (Caltrans). All work area traffic control shall be provided, installed and maintained in good condition by the contractor. Minimum Requirements for Maintaining Traffic Flow Traffic in both directions shall be maintained on all streets at all times. The Contractor shall maintain a minimum lane width of ten (10) feet, a minimum clearance of three (3) feet to excavations, and a minimum of two (2) feet to; curbs and other obstructions. The Contractor shall maintain all travel lanes on streets throughout the project free and clear of debris and/or construction equipment. Street Closures, Detours, and Barricades (1) The Contractor shall submit to the City Engineer, for review and approval, a drawing for providing temporary traffic control during construction at least five (5) working days before closing or partially closing any street. (2) The Contractor shall notify the following agencies at least forty-eight (48) hours in advance of closing, partially closing or opening any street, alley or other thoroughfare within the City of Azusa. Azusa Police Department (626) 812-3200 Los Angeles Fire Department (626) 969-7876 Public Works Department (626) 812-5254 27 (3) Should the Contractor, in the opinion of the Park Supervisor/Electric Operations Supervisor or representative, fail to provide adequate work zone traffic control at any time during the course of the work, the City will have the necessary traffic control done either by City forces or by contract. The cost of such traffic control will be charged to the Contractor and the amount deducted from the contract. (4) All costs for providing and maintaining traffic control during construction shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. 12. RESPONSE TIME Contract supervision shall be immediately available at all times. Contractor employees are working on sites, and must be available twenty-four (24) hours a day, seven (7) days a week via telephone or pager and must respond to an emergency situation/major discrepancy in the Contract within two hours of initial contact. 13. QUALIFIED CONTRACTOR SUPERVISION All of Contractor’s supervisors must be qualified, proficient in English, trained and capable of providing adequate supervision and direction of all Contractors’ employees and must demonstrate verbal and written communication skills sufficient for the work required herein. 14. CONTRACTOR’S EMPLOYEES Only Contractor’s employees are allowed on premises. At all times, personnel shall wear uniforms. The City shall have the right to have Contractor remove from assignment to City facilities such employees of Contractor as shall be deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions may be contrary to the public interest or inconsistent with the best interest of the City. Contractor’s employees shall not use tobacco products, drugs, alcohol or other items of this nature anywhere on premises or within 1,000 feet of City property. 15. COMMENCEMENT OF WORK, PROGRESS, AND TIME FOR COMPLETION The Contractor shall begin work within ten (10) days after the date specified on the Notice to Proceed and shall diligently prosecute the same to completion within the time set forth in these Contract Documents. Failure to diligently prosecute the work for more than three (3) working days shall constitute a breach of contract. Hours of Work. The Contractor shall perform all work during the working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday unless otherwise approved by the City. Written permission must be received from the City prior to working outside of this schedule. The request must be received at least two (2) working days in advance of any work. 16. TERM OF CONTRACT The term of the contract shall be thirty-six (36) months with a maximum of two (1) one-year extensions. The City Manager or his designee may elect to continue the contract for up to two (2) extensions for a total of two additional years, with the understanding that the decision will be based upon not only performance of the contract duties but also upon the unit bid prices as negotiated mutually by the Contractor and the City. Prior to award of contract, Contractor selected would need to agree and sign the attached contract. End of General Conditions