HomeMy WebLinkAboutAgenda Packet - September 20, 2010 - CC G
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AGENDA
REGULAR MEETING OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
AZUSA AUDITORIUM MONDAY, SEPTEMBER 20,2010
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
JOSEPH R. ROCHA
MAYOR
KEITH HANKS ANGEL CARRILLO
COUNCILMEMBER COUNCILMEMBER
URIEL E. MACIAS ROBERT GONZALES
COUNCILMEMBER MAYOR PRO-TEM
NOTICE TO THE PUBLIC
Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda
are on file in the Office of the City Clerk and are available for public inspection at the City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to
speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person
may address any item on or off the agenda during the public participation.
6:30 P.M.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6)
Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier
Organizations AMMA, SEIU, APOA, APMA and ACEA
2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Under Negotiation: Price and Terms of Payment
09/20/10 - 1 -
a. Club D Site
Address: 975 W. Foothill Boulevard, Azusa CA,
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
b. Downtown North Dalton Properties
Addresses:
303 E. Foothill Boulevard, Azusa, CA,
716 N. Dalton Avenue, Azusa, CA
726 N. Dalton Avenue, Azusa, CA
728 N. Dalton Avenue, Azusa, CA
APN 8608-028-901, 903 & 905 (Parking Lot), Azusa, CA
APN 8608-028-908 (Former MTA Site), Azusa, CA
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
Other Negotiators:The Olson Company and D.R. Horton Home Builders
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957)
Title: City Manager
4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov. Code Sec 54956.9 (a).
One Case: City of Duarte v. City of Azusa, Los Angeles Superior Court Case No. BS 127709.
5. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION (Gov. Code Sec. 54956.9
bl One Case: Facts and circumstances exist, which demonstrate that a threat of litigation has been made
against the City.
6. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION(Gov.Code Sec.54956.9(c))
One Case of Potential Litigation: Based on existing facts and circumstances, the City will discuss whether to
initiate litigation in relation to loan agreements regarding the Talley Building.
Any person wishing to comment on any of the Closed Session items listed above may do so now.
7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL.
1. Call to Order
2. Pledge to the Flag
3. Invocation - Pastor Wayne Leamons of Bread of Life Church
A. PUBLIC PARTICIPATION
(Person/Group shall be allowed to speak without interruption up to five(5)minutes maximum time,subject
to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's
questions or comments shall be handled after the speaker has completed his/her comments. Public
Participation will be limited to sixty (60) minutes time.)
09/20/10 _ 2 _
B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1. Request for Certificates of Appreciation to Sponsors of the Summer Reading Program.
2. Mr. Al Contreras, President of the Upper San Gabriel Valley Municipal Water District, to make a
presentation regarding water.
C. SCHEDULED ITEMS
None.
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 7, 2010.
RECOMMENDED ACTION:
Approve Minutes as written.
2. HUMAN RESOURCES ACTION ITEMS.
RECOMMENDED ACTION:
Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable
Memorandum of Understanding(s).
3. AUTHORIZATION TO SOLICIT BIDS FOR SLAUSON PARK PICNIC SHELTER
IMPROVEMENTS (CDBG PROJECT NO. 601332-10)
RECOMMENDED ACTION:
Authorize staff to solicit bids for the Community Development Block Grant(CDBG) funded Slauson Park
Picnic Shelter Improvements Project. The bidding will consist of a formal bidding process for the
construction of new concrete pads and purchase and install of a picnic shelter; and an informal bidding
process for the purchase of park fixtures/furniture.
4. PURCHASE OF FOUR FORD POLICE INTERCEPTOR VEHICLES AND DONATION OF FOUR
SURPLUS POLICE CARS TO RIO HONDO COLLEGE POLICE ACADEMY
RECOMMENDED ACTION:
Approve the purchase of four 2010 Ford Police Interceptor vehicles from Wondries Fleet Group, 1247 W.
Main Street, P.O. Box 3850 Alhambra, CA 91801 in an amount not to exceed $97,229.60 based on the
competitive bid process completed by the County of Los Angeles as authorized under AMC Section 2-523
(e),from which they ordered Ford Police Interceptor vehicles,Order#RFB-IS-10200567,and authorize the
donation of the four surplus police cars to Rio Hondo College Police Academy.
09/20/10 - 3 -
5. RE-APPOINTMENT OF JOSEPH ROCHA,MAYOR,AS AZUSA'S REPRESENTATIVE ON THE
SAN GABRIEL VALLEY MOSQUITO & VECTOR CONTROL DISTRICT BOARD OF
TRUSTEES.
RECOMMENDED ACTION:
Re-appoint Joseph Rocha, Mayor, Azusa's representative on the San Gabriel Valley Mosquito & Vector
Control Board of Trustees for a two-year term.
6. ANNUAL SUNGARD BI-TECH SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT.
RECOMMENDED ACTION:
Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer
software maintenance services and 2-523 section C, no competitive market and approve the software
maintenance and support agreement from Sungard Bi-Tech Inc, in the amount of$48,294.78.
7. APPROVAL OF A RESOLUTION CONSENTING TO THE ESTABLISHMENT OF ALOSTA
AVENUE BRIDGE OVER LITTLE DALTON WASH AS PART OF THE SYSTEM OF
HIGHWAYS OF THE COUNTY OF LOS ANGELES.
RECOMMENDED ACTION:
Approve Resolution No. 10-054, consenting to the establishment of the Alosta Avenue Bridge over
Little Dalton Wash as part of the system of highways of the County of Los Angeles to allow the
construction work for the installation of two new pedestrian bridges on Alosta Avenue at Little Dalton
Wash.
8. APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, TO ENTER INTO A MASTER AGREEMENT AND PROGRAM SUPPLEMENT
AGREEMENT WITH CALTRANS FOR SAFE ROUTES TO SCHOOL PROJECT NO. SRTSL-
5112(011).
RECOMMENDED ACTION:
Approve Resolution No. 10-055, authorizing the City Manager to enter into a Master Agreement and
Program Supplement Agreement with the California Department of Transportation(Caltrans)for the receipt
of federal transportation funds for current and future projects.
9. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 10-056.
09/20/10 - 4 -
10. APPROVAL OF AZUSA READS,WRITES,COUNTS;AZUSA CALCULATES; GIRLS ON THE
MOVE AND KIDS ON THE MOVE; COMPUTER LAB TUTOR, OFF-CAMPUS FEDERAL
WORK-STUDY PROGRAM AGREEMENTS WITH AZUSA PACIFIC UNIVERSITY.
RECOMMENDED ACTION:
Approve all agreements as listed and authorize City Manager to sign.
E. JOINT CITY/AGENCY AGENDA ITEMS
1. CONTINUED JOINT PUBLIC HEARING-CONSIDERATION OF THE FIRST AMENDMENT
TO THE STATUTORY DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION
AGREEMENT FOR THE CITRUS CROSSING PROJECT LOCATED AT THE SOUTHWEST
CORNER OF ALOSTA AVENUE AND CITRUS AVENUE.
RECOMMENDED ACTION:
City Council and Agency Board take the following action: Receive testimony from staff and the applicant,
conduct a joint public hearing and adopt a resolution and ordinance entitled:
A Resolution of the Governing Board of the Redevelopment Agency of the City of Azusa, California,
Approving an Amendment to the Statutory Development Agreement and Owner Participation Agreement By
and Between the Redevelopment Agency of the City of Azusa, the City of Azusa and JAR University
Common, LLC, Governing Certain Real Property Located at the Southwest Corner of Alosta Avenue and
Citrus Avenue, Azusa, California, Relating to the Citrus Crossing Shopping Center; and
An Ordinance of the City Council of the City of Azusa,California Adopting and Approving an Amendment
to the Statutory Development Agreement and Owner Participation Agreement Between the City of Azusa,
the Azusa Redevelopment Agency and JAR University Common, LLC, Governing Certain Real Property
Located at the Southwest Corner of Alosta Avenue and Citrus Avenue, Azusa, California, Relating to the
Citrus Crossing Shopping Center.
F. AGENCY SCHEDULED ITEMS
None.
G. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Boardmembers or Staff wish to address any item on the Consent Calendar individually', it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 7, 2010.
RECOMMENDED ACTION:
Approve Minutes as written.
09/20/10 - 5 -
2. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY.
RECOMMENDED ACTION:
Adopt Resolution No. 10-R29.
H. ADJOURNMENT
1. Adjourn.
UPCOMING MEETINGS:
September 27, 2010, Utility Board Meeting-6:30 p.m. Azusa Light and Water Conference Room
October 4, 2010, City Council Meeting-6:30 p.m. Azusa Auditorium
October 18, 2010, City Council Meeting-6:30 p.m. Azusa Auditorium
October 25, 2010, Utility Board Meeting—6:30 p.m. Azusa Light and Water Conference Room
In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the
public at the following locations: Azusa City Clerk's Office-213 E.Foothill Boulevard,Azusa City Library- 729 N.Dalton
Avenue, and Azusa Police Department Lobby- 725 N.Alameda,Azusa, California.
In compliance with the Americans with Disabilities Act,ifyou need special assistance to participate in a city meeting,please
contact the City Clerk at 626-812-5229. Notification three(3)working days prior to the meeting when special services are
needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting.
09/20/10 - 6 -
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CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
TUESDAY,SEPTEMBER 7,2010—6:30 P.M.
The City Council of the City of Azusa met in regular session at the above date and time in the Azusa
Auditorium located at 213 E.Foothill Boulevard,Azusa,CA 91702.
CEREMONIAL Ceremonial
Recreation and Family Services Program Coordinator Adrian Martinez presented a check in the amount of Check AHS
$1,000 to Azusa High School Golf Team and Coaches,courtesy of their efforts at the Kids Come First Golf Golf Team
Tournament.
CLOSED SESSION Closed Session
Mr. Jorge Rosales addressed the Closed Session portion of the agenda requesting clarification on Real J.Rosales
Property Negotiations items a and c,and the two loans for Il Forno and the Talley Building. Comments
The City Council recessed to Closed Session at 6:40 p.m.
1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Conf w/labor
Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier Negotiators
Organizations AMMA,SEIU,APOA,APMA and ACEA
2. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.8) Real Prop
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiations
Under Negotiation: Price and Terms of Payment
a. ENTERPRISE PROPERTY Enterprise
Address: 229 S.Azusa Avenue(APN 8614-014-056,057 and 058) Prop
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
b. NEC AZUSA/ARROW SITE Azusa/Arrow
Address: 17511 E.Arrow Hwy,Azusa,CA 91702 Site
Negotiator. Fowler Family Trust
Address: 17525 E.Arrow Hwy
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
c. BLOCK 36 Block 36
Address: 100 E.Foothill Boulevard,Azusa,CA 91702
614-640 N.Azusa Avenue,Azusa,CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
Address: 152 E.Foothill Boulevard,Azusa,CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiating Parties: Bank of America&City of Azusa Redevelopment Agency
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Gov.Code Sec.54957) Pub Emp Evalu
Title: City Manager
4. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION (Gov. Code Sec. Conf w/legal
54956.9(c))One Case of Potential Litigation: Based on existing facts and circumstances,the City will Cnsl
discuss whether to initiate litigation in relation to loan agreements regarding the Talley Building. Potential
Litigation
The City Council reconvened at 7:36 p.m. The City Attorney advised that with regard to the Public City Attorney
Employee Performance Evaluation — City Manager, Council will hold a Special Meeting on Monday, Close Sess Rpt
September 13, 2010 regarding the issue, and with regard to Conference with Legal Counsel Potential
Litigation,the City Council decided not to pursue litigation on that matter. The Labor Negotiations matter
will be discussed in Closed Session at the end of the City Council Meeting.
Mayor Rocha called the meeting to order. Call to Order
Zachary Urquhart led in the salute to the Flag. Flag Salute
Councilmember Keith Hanks gave the Invocation. There was a moment of silence in honor of the victims Invocation
of September 11's. K.Hanks
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Carvalho,City Manager Delach,Assistant City Manager Makshanoff,Police Chief Garcia,
Director of Public Works Haes, Economic and Community Development Director Christiansen,
Administrative Services Director-Chief Financial Officer Kreimeier, Director of Recreation and Family
Services Jacobs, Assistant Director of Water Operations Anderson, Assistant Director of Economic and
Community Development McNamara,City Clerk Mendoza,Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
Mr.Mike Lee commented on the following: Concerts in the Park,VFW Fundraiser,Labor Unions,Kool M.Lee
Cuts for Kids Program,and asked for clarification on Vulcan Referendum. Comments
Mr.Lynn Eaton addressed Council regarding his encounter with Vulcan Referendum petitioner. L.Eaton
Mr. Walter Schaub of Shepherds Pantry addressed Council inviting all to a fundraiser to be held on W Schaub
September 18,2010,at the Masonic Lodge in Glendora. Comments
Ms. Stephanie Jerome, Ms. Marissa Chavez and Ms. Marissa Sanchez, addressed Council requesting Students AHS
donations to sponsor them in Azusa High Cheer. Cheer
Mr.Joe Guarrera announced that the new Mayor and Governor of Zacatecas,Azusa's Sister City,will be J.Guarrera
installed on October 13, 2010 and requested a letter of congratulations from the Council and Sister City. Comments
He expressed his concern regarding the possible relocation of the Sister City House and the Historical
Museum, and possible closure of Alameda and Dalton at the Railroad Tracks. He referred to the Public
Resource Code and the Public Park Preservation Act which he notes that no park can be removed without
replacing it with park land.
Mr. William Mairs,Assistant Regional Administrator of Los Angeles County Department of Children and W.Mairs
Family Services presented the Chief of Police Robert Garcia with a plaque in appreciation of the Police Present PD
Department working relationship with the Department.
Mr. Daniel Meza addressed Council expressing his concerns regarding false advertisement in mailers D.Meza
received regarding Vulcan Mining. Comment
Ms.Blanch Weir addressed Council expressing her opinion in favor of their vote regarding Vulcan Mining B.Weir
decision and also reminded all that there is an opening in the Architectural Barriers Commission. Comments
Mr.Jorge Rosales requested clarification on item D-8,advance for service. He addressed D-9 MOU with J.Rosales
Foothill Transit asking why the parking study performed by the City wasn't considered. He noted that it is Comments
against the law to take park land and not replace it. He commended the City for putting out an RFP for a
mining consultant.
Ms.Jeri Vogel,President of Azusa Against Mining Expansion,addressed Council expressing her concern J.Vogel
regarding flyers that have bee circulating regarding Vulcan mining. Comments
Ms.Napah Phyakul Quach and Mr. Scott Bledsoe of the Human Relations Commission invited all to the N.Quach
Lead In Harmony Conference for Azusa students to be held on October 13th at the Upper Turner Campus at S.Bledsoe
Azusa Pacific University. The event is sponsored by Azusa Unified School District, Azusa Rotary and Comments
Azusa Human Relations commission and the cost will be$25;she invited the public to become a sponsor
by providing$25 for a student to attend.
09/07/10 PAGE TWO
• Ms.Jennie Avila addressed Council and thanked staff for providing shading at the Senior Center patio. As J.Avila
President of Friends of the Library she announced that California Burgers will be helping with a fundraiser Comments
on September 9,2010 where 20%of sales will go towards the Friends;she invited all to attend.
Mr.Ian Scott addressed Council expressing his concern regarding item D-12,RFP for Mining Consultant I.Scott
and provided other information regarding the project. Comments
Mr.Antonio Tapia addressed Council with concerns regarding graffiti in the neighborhoods on Lee School, A.Tapia
sidewalks,streets and public buildings. He also talked about dirty streets and loud music and his efforts to Comments
report them to the Police Department.
Ms.Peggy Martinez addressed Council expressing her concern with the removal of park use,the four story P.Martinez
parking structure in front of the Police Department, and the taking of two historical buildings. She Comments
suggested a new Citizens Congress be formed to allow citizens to plan the future of the city.
Ms. Barbara Dickerson addressed Council commending the Police Department for patrolling the area of B.Dickerson
Atlantis Gardens but expressed concern regarding empty buildings. She also talked about the Azusa Comments
Pacific University scholarships and thanked the City Council for recognizing graduates and plans for their
future.
Mr.John Armstrong for Lindley Fire Protection addressed Council with concerns regarding a construction J.Armstrong
project entitled Mortech Expansion Project at Aerojet Avenue and Optical Dr. and requested Council to Comments
intervene between Light and Water Staff and their company.
Mr. Richard Deem addressed Council expressing his opinion regarding the Vulcan Development R.Deem
Agreement. Comments
Ms. Martha Villanueva addressed Council thanked all the residents who signed the referendum petitions M.Villanueva
and asked that a new Citizens Congress,be created. Comment s
City Clerk Vera Mendoza read a letter into the record from Jeffrey Cornejo,President of the Cultural and City Clerk
Historical Preservation Commission,voicing the commission's opposition to the relocation of the Durrell Read letter
and Barnes House,to the proposed four story parking structure,against any dimensioning of public parks, J.Cornejo
and the closure of Dalton Avenue near the Sister City Clubhouse and Senior Center parking Lot..
Staff responded to questions position regarding the referendum,street closures, Gateway advance money, Staff Response
graffiti removal, noise from ice cream trucks, empty structures in Atlantis Gardens, and APA Standard
Testing Procedures.
REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Updates/Rpts
Chief Financial Officer Kreimeier provided a report on the Current Revenue Forecast stating that he A.Kreimeier
received the 2010 Assessed Valuation numbers from the County Auditor Controller and a report form Comments
HDL, sales tax consultant, which show property tax down by 8.45 %; he detailed the reasons for the
reduction.He also talked about sales tax activity up 5%;he detailed information regarding sales taxes.
Mayor Pro-Tem Gonzales thanked all involved in Kool Cuts event and requested certificates be presented Gonzales
to the hair cutters;he provided an update on the success of the event. He invited all to attend the Golden Comments
Days Celebrity Softball game on Sunday,October 3'd at Gladstone Park Field of Dreams at 6:00 p.m. He
asked City Attorney for an explanation of the effects of the referendum against the ordinance regarding
Vulcan Mining and she responded that it will only affect the Development Agreement and will not stop the
mining.
Councilmember Hanks thanked Mayor Rocha for reminding all to fly the American Flags on September Hanks
11`s in honor of the victims. He welcomed friends Carl and Kalami Fonoimoana on their recent visit to Comments
Azusa.
Councilmember Macias thanked staff for the success for Concerts in the Park,requested that staff contact Macias
Cal Trans to see if they can access on and off ramps that contain graffiti in order to remove it. Comments
Councilmember Carrillo noted that Council has never been in favor of closing Dalton Avenue,but this may Carrillo
be over ruled. He talked about the success of Concerts in the Park. Comments
Mayor Rocha announced the following: Be a Walker Program at Northside Park on 9/11/10at 9:30 a.m., Rocha
Azusa Day at the Fair 9/17/10,the$5 before 5 p.m. discount, local heroes are Ricky Sotela and Thomas Comments
Gonzales,fmancial assistance call 211 for more information and discussion was held regarding the closure
of ditch through Sierra Madre and easements. He asked about the feasibility of obtaining an easement to
access and clean up areas in railroad tracks; Director of Public Works/Assistant City Manager Haes
responded that he would look into the matter. Councilmember Hanks advised that Gold Line has seminars
regarding entrance for being on the railway right a way.
09/07/10 PAGE THREE
SCHEDULED ITEMS
Sched Items
PUBLIC HEARING — ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) Pub Hrg
CONGESTION MANAGEMENT PROGRAM(CMP)LOCAL DEVELOPMENT REPORT. CMP
The Mayor declared the Hearing open. City Clerk read proof of publication of notice of said hearing Hrg open.
published in the Azusa Herald on August 24,2010. Testimony was solicited,but none was received. No testimony
Moved by Councilmember Carrillo, seconded by Mayor Pro-Tern Gonzales and unanimously carried to Hrg Clsd
close the Public Hearing.
Councilmember Macias offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,FINDING THE Res. 10-05f
CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) Adopting
AND ADOPTING THE 2010 CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CMP
CALIFORNIA GOVERNMENT CODE SECTION 65089.
Moved by Councilmember Macias, seconded by Mayor Pro-Tern Gonzales to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CONSIDERATION OF SETTING A DATE FOR CITY BOARD AND COMMISSION INTERVIEWS Brd&Com Int
AND ACCEPTANCE OF LATE APPLICATIONS FROM INCUMBENTS. Date
It was consensus of Councilmembers to set date for City Board and Commission interviews for September 22
Wednesday,September 22,2010,at 6:00 p.m.and that late applications submitted to this date,be accepted. Apps accepted
The CONSENT CALENDAR consisting of Items D-1 through D-16 was approved by motion of Consent Calendar
Councilmember Hanks, seconded by Mayor Pro-Tem Gonzales and unanimously carried with the Dl—D-16 D-5
exception of items D-5,D-6,D-9 and D-12,which were considered under the Special Call portion of the 6,9&12 Spec
Agenda. Call
1. The minutes of the regular meeting of July 19,2010 and the Special meetings of June 1,l4,28 and Min appvd
July 26,2010,were approved as written. Councilmember Macias abstained from July 26th meeting
as he was absent.
2. HUMAN RESOURCES ACTION ITEMS. HR Action Items
Human Resources Action Items were approved as follows:
Merit Increase and/or Regular Appointment: J.Momot,R.Chivas,M.Moore,I.DelToro,and
H.Gonzalez.
New Appointment: C.Eads,Police Officer.
3. City Treasurer's Report as of June 30,2010 was received and filed. Treas Rpt June
4. City Treasurer's Report as of July 31,2010 was received and filed. Treas Rpt July
5. SPECIAL CALL ITEM. Spec Call
6. SPECIAL CALL ITEM. Spec Call
7. Approval was given for Amendment Ito the Communications Site License Agreement between Corn Lic
the City of Azusa and Towerco Assets, LLC for the operation of a cellular communications tower Agreement
adjacent to the West Wing of City Hall. Towerco
8. Authorization was given to Staff to do the following:(A)Utilize Prop C funds to spend ahead of the Prop C Funds
grant allocation for the Azusa Avenue/I-210 Gateway Project;(B)Solicit Request for Qualifications RFQ Gateway
(RFQ)for professional landscape architectural/design services. Project
9. SPECIAL CALL ITEM. Spec Call
10. Notice of Completion for the following project was approved and staff was authorized to file the NOC
Notice of Completion with the Los Angeles County Clerk:Citrus Avenue and Mauna Loa Drive Citrus&Mauna
Traffic Signal and Communication Project No.66109E—$92,965.02—Christopher R.Morales,Inc., Loa Traffic Sig
San Dimas,CA 91773.
09/07/10 PAGE FOUR
11. Approval was given for the extension of the Use/Lease Agreement with Azusa Pacific University for Lease Agmt
the Slauson Park Community Pool/Azusa Aquatics Center from September 7, 2010 — April 22, APU-Pool
2011.
12. SPECIAL CALL ITEM. Spec Call
13. Approval was given for the purchase of one 2010 Ford Ranger 4x2 Supercab truck from Wondries Purchase
Fleet Group, 1247 W.Main Street,P.O.Box 3850 Alhambra,CA 91801 in an amount not to exceed Truck PD
$17,517.17 and approve the purchase of this budgeted vehicle based on the competitive bid process
completed by the County of Los Angeles, under which these vehicles are available, P.O.#AW-
10321561-1,per Azusa Municipal Code Section 2-253(E).
14. Approval was given for the Police Department's purchase of budgeted annual firearms training and Pur Training
duty ammunition. Firearms/ammo
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 10-052
APPROVING A GRANT AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC OTS Grant
SAFETY (OTS) FOR THE "DUI ENFORCEMENT AND HIGH SCHOOL EDUCATION
PROGRAM,"PROJECT#AL 1158.
16. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-053
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
SPECIAL CALL ITEMS Special Call Item
CONSIDERATION OF FARMER'S MARKET AT BLOCK 36. Farmer's Mkt
Director of Public Works/Assistant City Manager Haes responded to question stating that the report is Haes
asking for approval of having Saturday morning Farmer's Market at 11 a.m. at the Block 36 and then Response
negotiate a contract with FFPI.
Moved by Councilmember Carrillo, seconded by Councilmember Hanks and unanimously carried to Farmer's Mkt
approve a Farmer's Market event at Block 36 with Family Festival Productions Inc.(FFPI). @Block 36
CIP #66110H; TARGET PEDESTRIAN IMPROVEMENTS PROJECT: APPROVAL OF CHANGE Target Change
ORDER#2. Order#@
Mayor Pro-Tern Gonzales expressed concern regarding the street lighting for foot traffic at the Target site; Gonzales
Director of Public Works/Assistant City Manager Haes responded that he would look into the matter. Lighting
Councilmember Hanks asked if Target would be accommodating scooters;staff responded yes.
Moved by Mayor Pro-Tem Gonzales, seconded by Councilmember Carrillo and unanimously carried to Change Order
approve Change Order#2 in the amount of$93,201.32 authorizing additional street resurfacing along Ninth Approved
Street and San Gabriel Avenue.
AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE MOU
CITY OF AZUSA AND FOOTHILL TRANSIT TO PROVIDE DIRECTION FOR THE Foothill Transit
DEVELOPMENT OF A PARK AND RIDE FACILITY.
Lengthy discussion was held regarding the MOU with Foothill Transit,senior and staff parking,a proposed Item
supermarket site, and discussions with Historical Commission regarding moving museum and Sister City Tabled
house.Moved by Councilmember Macias,seconded by Mayor Pro-Tern Gonzales and carried to table the
item. Councilmember Hanks advised that he would be abstaining from voting as he is a member of
Foothill Transit Authority Board.
AUTHORIZATION FOR A REQUEST FOR PROPOSALS (RFP) FOR A MINING CONSULTANT RFP Mining
FOR VARIOUS REVIEWS ASSOCIATED WITH SMARA(SURFACE MINING AND Consultant
RECLAMATION ACT)COMPLIANCE
Assistant Director of Economic and Community Development McNamara responded to question posed C.McNamara
stating that the selection committee criteria is not defined yet,but,normally high ranking members of City Comments
Staff such as Administration, Economic and Community Development, Building and Safety and
Engineering make up the committee and all interaction with Consultant will be with the City, all
arrangement will be with the City and staff will request reimbursement from the applicant.
Moved by Mayor Pro-Tern Gonzales. seconded by Councilmember Hanks and unanimously carried to Mining Consult
authorize staff to circulate a Request for Proposals(RFP)to provide consultant services for various reviews Approved RFP
and activities associated with the California State Surface Mining and Reclamation Act in the City of
Azusa.as well as biennial monitoring of Azusa Rock Conditions of Approval.
09/07/10 PAGE FIVE
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT Cncl/CRA
10:20 P.M.TO ADDRESS THE FOLLOWING ITEMS: Convene Jntly
JOINT PUBLIC HEARING - CONSIDERATION OF THE FIRST AMENDMENT TO THE Joint Pub Hrg
STATUTORY DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION AGREEMENT FOR Continued
THE CITRUS CROSSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF ALOSTA To 9/20/10
AVENUE AND CITRUS AVENUE.
Moved by Councilmember/Director Hanks/seconded by Mayor Pro-Tem/Director Gonzales and
unanimously carried to continue the Public Hearing to the meeting of September 20,2010.
APPROVE THE CONTRACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF Chamber Agmt
COMMERCE. Approved
Moved by Councilmember/Director Hanks, seconded by Councilmember/Director Carrillo and Approved
unanimously carried to authorize staff to finalize and execute the Agreement regarding Chamber of
Commerce Funding and Support between the City/Agency of Azusa and the Azusa Chamber of Commerce
for Fiscal Year 2010/11.
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl Recessed
10:40 P.M. THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 10:47. CITY Cncl Reconvened
COUNCIL RECONVENED AT 10:48 P.M.
It was consensus of Councilmembers to adjourn in memory of Mr. Leonard C. Rodriguez, a life time Adjourn in
resident of Azusa,and Mr.Ray Pier,WWII veteran and lifetime resident of Azusa. Memory
L.Rodriguez
&R.Pier
TIME OF ADJOURNMENT: 10:49 P.M.
CITY CLERK
NEXT RESOLUTION NO.2010-054.
NEXT ORDINANCE NO.2010-06.
09/07/10 PAGE SIX
41116 ro-71141
G, .:v l*
.. .. ,.. .. x ... ;,:.1%s ",'� ;, y p:. -it],
zus4,1
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
VIA: F.M. DELACH, CITY MANAGER ,�t
DATE: SEPTEMBER 20, 2010 / "
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
It is recommended that the City Council approve the following Personnel Action Requests in accordance with the
City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s).
BACKGROUND
On September 14 2010,the Personnel Board confirmed the following Department Head recommendations regarding
the following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP
DATE BASE MO SALARY
PD Fernando Police Officer Merit Increase 6101/2
Vasconcelos 08/19/2010 $5771.73
PD William Johnson Police Officer Merit Increase 6101/5
08/23/2010 $6691.99
FN Lisa Rogers Account Specialist II Merit Increase 4164/5
08/13/2010 $4446.54
FN Elizabeth Lorusso Account Specialist I Merit Increase 4150/4
07/14/2010 $1860.13
LB Leila Hassen Senior Librarian Merit Increase 4185/4
07/01/2010 $5182.32
UTL Robert Ryan Welder/Water Dist. Wrk. I Merit Increase 5190/5
09/04/2010 $5571.53
B. PROMOTION—The following promotion(s)have been requested by the department head pursuant to the
Rules of the Civil Service System.
DEPARTMENT NAME PROMOTION EFFECTIVE RANGE/STEP
FROM/TO DATE BASE MO.
SALARY
PD Jason Poulos From: Community Service Officer-Field TBD 6184/4
To: Police Officer Trainee $5034.59
C. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to
the Rules of The Civil Service System.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP
DATE BASE MO. SALARY
PD Ryan Di Giulio Police Officer Trainee TBD 6184/1
$4377.21
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
U r
....sem... _ `e',' O'4ElFORN41- 4 "
1ZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: F.M. DELACH, CITY MANAGER
DATE: SEPTEMBER 20, 2010
SUBJECT: AUTHORIZATION TO SOLICIT BIDS FOR SLAUSON PARK PICNIC
SHELTER IMPROVEMENTS (CDBG PROJECT NO. 601332-10)
RECOMMENDATION
It is recommended that the City Council authorize staff to solicit bids for the Community
Development Block Grant (CDBG) funded Slauson Park Picnic Shelter Improvements Project.
The bidding will consist of a formal bidding process for the construction of new concrete pads and
purchase and install of a picnic shelter; and an informal bidding process for the purchase of park
fixtures/furniture.
BACKGROUND
On January 5th, 2010, the City Council approved the Slauson Park Picnic Shelter Improvements
Project as part of the adopted FY 2010/11 CDBG Program. On June 21st, 2010, the project was
approved in the adopted FY 2010/11 CIP Budget.
Picnic opportunities in the City are at a premium, and this project would add picnic shelter
amenities at Slauson Park. The project would include construction of new concrete pads, and
purchase and installation of a 20' X 24' powder coated picnic shelter, ADA accessible concrete
tables and benches, trash receptacles and barbecue grills. This project benefits a low-to-moderate
income area and improves handicapped access.
FISCAL IMPACT
The total cost of the project $57,300 is budgeted out of CDBG Account No: 18-80-000-910-7130.
Attachments: Notice Inviting Bids
CITY OF AZUSA
SLAUSON PARK PICNIC SHELTER IMPROVEMENTS
PROJECT NO: 601332
CONTRACT DOCUMENTS
CITY OF AZUSA
NOTICE INVITING BIDS
SLAUSON PARK PICNIC SHELTER IMPROVEMETNS (PROJEFT: 601332-10)
The City of Azusa ("City") will receive sealed bids for the Slauson Park Picnic Shelter
Improvements Project at the office of the City Clerk no later than October 18, 2010 at 10:00
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 60 calendar days after the bid
opening date.
Bids must be submitted on the City's Bid Forms.
Bidders may obtain a copy of the Contract Documents from the Recreation and Family Services
Department at: 320 N. Orange Place, Azusa CA 91702, (626) 812-5280, at a cost of$45 per set.
The City will not make the Contract Documents available for review at one or more plan rooms.
Bid Bonds: 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 Conference and Job Walk will be held at Memorial Park on the
following date and time: October 4, 2010 at 10:00 A.M. Each and every Bidder must attend
the Pre-Bid Conference and Job Walk. Prospective bidders may visit the Project Site without
making arrangements through the Parks Superintendent. Bids will not be accepted from any
bidder who did not attend the Pre-Bid Conference.
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.
Performance & Payment Bonds: 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.
Wage Rates: This is a federally-assisted construction contract. Federal Labor standards
Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be
enforced. In the event of a conflict between Federal and Sate wage rates, the higher of the two
will prevail. 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 Parks and
NOTICE INVITING BIDS
- 1 -
TABLE OF CONTENTS
Page No.
NOTICE INVITING BIDS 1
INSTRUCTIONS TO BIDDERS 3
BIDDER'S PROPOSAL (PAGES 10-29) 10
CONTRACT 30
PERFORMANCE BOND 33
PAYMENT BOND 37
GENERAL CONDITIONS 39
SPECIAL CONDITIONS 76
TECHNICAL SPECIFICATIONS 77
PLANS AND DRAWINGS 79
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Recreation Department 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: (B)
General Builder a (C-8) Concrete licenses required.
Pursuant to Public Contract Code Section 3400(b), if the City has made any findings designating
certain materials, products, things, or services by specific brand or trade name, such findings and
the materials, products, things, or services and their specific brand or trade names will be set
forth in the Special Conditions.
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.
All questions relative to this project prior to the opening of bids shall be directed to Roy Chavez,
Project Manager (see enclosed Instructions to Bidders). Bidders are encouraged to submit their
pre-bid questions as early as possible, in writing by mail, fax, or email, so they can be answered
in writing through an addendum if necessary. Pre-bid questions will be received up to 5:00 P.M.
on October 9th, 2010, after which they will not be answered.
NOTICE INVITING BIDS
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CITY OF AZUSA
INSTRUCTIONS TO BIDDERS
1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Pacllage for the
Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost.
Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated
in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to
determine the availability of Contract Documents. Any applicable charges for the Contract
Documents are outlined in the Notice Inviting Bids.
2. EXAMINATION OF CONTRACT DOCUMENTS
The City has made copies of the Contract Documents available, as indicated above. Bidders
shall be solely responsible for examining the Project Site and the Contract Documents, including
any Addenda issued during the bidding period, and for informing itself with respect to local labor
availability, means of transportation, necessity for security, laws and codes, local permit
requirements, wage scales, local tax structure, contractors' licensing requirements, availability
of required insurance, and other factors that could affect the Work. Bidders are responsible for
consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform
itself shall be at its sole risk, and no relief for error or omission will be given except as required
under State law.
3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents
or questions as to their meaning shall be immediately brought to the attention of the City by
submission of a written request for an interpretation or correction to the City. Such submission,
if any, must be sent to the Recreation and Family Services Department by emailing to
rchavez@ci.azusa.ca.us.
Any interpretation of the Contract Documents will be made only by written addenda duly issued
and mailed or delivered to each person or firm who has purchased a set of Contract Documents.
The City will not be responsible for any explanations or interpretations provided in any other
manner. No person is authorized to make any oral interpretation of any provision in the Contract
Documents to any bidder, and no bidder should rely on any such oral interpretation.
Bids shall include complete compensation for all items that are noted in the Contract Documents
as the responsibility of the Contractor.
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND JOB WALK
Each prospective bidder is responsible for fully acquainting itself with the conditions of the
Project Site (which may include more than one site), as well as those relating to the construction
and labor of the Project, to fully understand the facilities, difficulties and restrictions which may
INSTRUCTIONS TO BIDDERS
- 3 -
impact the cost or effort required to complete the Project. To this end, a Pre-Bid Conference and
Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.
5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the bid opening date.
Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be
included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code
Section 4104.5, if the City issues an Addendum which includes material changes to the Project
less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline
for submission of bids. The City may determine, in its sole discretion, whether an Addendum
warrants postponement of the bid submission date. Each prospective bidder shall provide City a
name, address and facsimile number to which Addenda may be sent, as well as a telephone
number by which the City can contact the bidder. Copies of Addenda will be furnished by
facsimile, first class mail, express mail or other proper means of delivery without charge to all
parties who have obtained a copy of the Contract Documents and provided such current
information. Please Note: Bidders are responsible for ensuring that they have received any and
all Addenda. To this end, each bidder should contact the Parks and Recreation Department to
verify that he has received all Addenda issued, if any, prior to the bid opening.
6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined
on the basis of the base bid only. However, the City may choose to award the contract on the
basis of the base bid alone or the base bid and any alternate or combination of alternates. The
time required for completion of the alternate bid items has been factored into the Contract
duration and no additional Contract time will be awarded for any of the alternate bid items. The
City may elect to include one or more of the alternate bid items, or to otherwise remove certain
work from the Project scope of work, accordingly each Bidder must ensure that each bid item
contains a proportionate share of profit, overhead and other costs or expenses which will be
incurred by the Bidder.
7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract
Documents. The use of substitute bid forms other than clear and correct photocopies of those
provided by the City will not be permitted. Bids shall be executed by an authorized signatory as
described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces
(including inserting "N/A" where applicable) and initial all interlineations, alterations, or
erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed
matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK,
INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may
result in the bid being deemed non-responsive.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract
Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions
INSTRUCTIONS TO BIDDERS
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or provisions attached to a Bid may render it non-responsive and may cause its rejection.
Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor
make substitutions thereon. Oral, telephonic and electronic modifications will not be considered,
unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications
thereto and such modifications are made in accordance with the Notice Inviting Bids.
9. DESIGNATION OF SUBCONTRACTORS
Pursuant to State law, the Bidders must designate the name and location of each subcontractor
who will perform work or render services for the Bidder in an amount that exceeds one-half of
one percent (1/2%) of the Bidder's Total Bid Price, as well as the portion of work each such
subcontractor will perform on the form provided herein by the City. No additional time will be
provided to bidders to submit any of the requested information in the Designation of
Subcontractor form.
10. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the
Public Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant
to Section 7028.5 of the Business and Professions Code, the City shall consider any bid
submitted by a contractor not currently licensed in accordance with state law and pursuant to the
requirements found in the Contract Documents to be nonresponsive, and the City shall reject the
Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar
days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and
each of the Bidder's subcontractors,before awarding the Contract.
11. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may
be asked to provide evidence in the form of an authenticated resolution of its Board of Directors
or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder
to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of
Attorney executed by each joint venturer or partner appointing and designating one of the joint
venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that
joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize
that particular joint venturer or partner to act for and bind Bidder in all matters relating to the
Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and
all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising
therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the
joint venture or partnership in its legal name.
12. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a
cashier's check made payable to the City; or (d) a bid bond payable to the City executed by the
INSTRUCTIONS TO BIDDERS
- 5 -
reject as non-responsive any bid which unevenly weights or allocates costs, including but not
limited to overhead and profit to one or more particular bid items.
17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
No bidder shall be allowed to make, submit or be interested in more than one bid. However, a
person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has
quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal
or quoting prices to other bidders submitting a bid to the City. No person, firm, corporation, or
other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when
also submitting a prime bid on the same Project.
18. INSURANCE REQUIREMENTS
The successful bidder shall procure the insurance in the form and in the amount specified in the
Contract Documents.
19. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible
Bidder, the City Council may award the contract. The apparent successful Bidder should begin
to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3)
the required insurance certificates and endorsements. Once the City notifies the Bidder of the
award, the Bidder will have ten (10) consecutive calendar days from the date of this notification
to execute the Contract and supply the City with all of the required documents and certifications.
Regardless whether the Bidder supplies the required documents and certifications in a timely
. manner, the Contract time will begin to run ten (10) calendar days from the date of the
notification. Once the City receives all of the properly drafted and executed documents and
certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.
20. FILING OF BID PROTESTS
Bidders may file a "protest" of a Bid with the City's City Clerk In order for a Bidder's protest to
be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the bid opening date;
B. Clearly identify the specific irregularity or accusation;
C. Clearly identify the specific City staff determination or recommendation being
protested;
D. Specify, in detail, the grounds of the protest and the facts supporting the protest;
and
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid.
INSTRUCTIONS TO BIDDERS
- 7 -
bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount
of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety
insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section
995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute
the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and
insurance certificates and endorsements as required herein within ten (10) calendar days after
notification of the award of the Contract to the bidder. Failure to provide the required documents
may result in forfeiture of the bidder's bid deposit or bond to the City and the City may award
the Contract to the next lowest responsible bidder, or may call for new bids.
13. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they
shall be placed, along with the Bid Guarantee and other required materials in an envelope,
sealed, addressed and delivered or mailed, postage prepaid to the City at the place and to the
attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be
considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic
means will be considered unless specifically authorized by City as provided herein. The
envelope shall also contain the following in the lower left-hand corner thereof:
Bid of (Bidder's Name)
for the Slauson Park Picnic Shelter Improvements Project
14. DELIVERY AND OPENING OF BIDS
Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date
and time shown therein. The City will leave unopened any Bid received after the specified date
and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole
responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than
the dates(s) and time(s) indicated.
Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of
each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of
Bids. The City may in its sole discretion, elect to postpone the opening of the submitted Bids.
City reserves the right to reject any or all Bids and to waive any informality or irregularity in any
Bid. In the event of a discrepancy between the written amount of the Bid Price and the
numerical amount of the Bid Price, the written amount shall govern.
15. WITHDRAWAL OF BID
Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request
signed by the Bidder or its properly authorized representative.
16. BASIS OF AWARD; BALANCED BIDS
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.
The City may reject any Bid which, in its opinion when compared to other bids received or to the
City's internal estimates, does not accurately reflect the cost to perform the Work. The City may
INSTRUCTIONS TO BIDDERS
- 6 -
If the protest is valid, the City's Parks Recreation and Family Services Director, or other
designated City staff member, shall review the basis of the protest and all relevant information.
The Parks and Recreation Director will provide a written decision to the protestor. The protestor
may then appeal the decision of the Parks Recreation and Family Services Director to the City
Manager.
21. WORKERS COMPENSATION
Each bidder shall submit the Contractor's Certificate Regarding Workers' Compensation form.
22. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the
work completed. The City will retain ten percent (10%) of each progress payment as provided
by the Contract Documents. At the request and expense of the successful Bidder, the City will
substitute securities for the amount so retained in accordance with Public Contract Code Section
22300.
23. PREVAILING WAGES
This is a federally-assisted construction contract. Federal Labor standards Provisions, including
prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event
of a conflict between Federal and Sate wage rates, the higher of the two will prevail.
The City has obtained from the Director of the Department of Industrial Relations 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. These rates are on file and available at
the Parks Recreation and Family Services Department or may be obtained online at
http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the
successful Bidder at the job site(s).
24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not
perform work on a public works project with a subcontractor who is ineligible to perform work
on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any
contract on a public works project entered into between a contractor and a debarred
subcontractor is void as a matter of law. A debarred subcontractor may not receive any public
money for performing work as a subcontractor on a public works contract. Any public money
that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the
City. The Contractor shall be responsible for the payment of wages to workers of a debarred
subcontractor who has been allowed to work on the Project.
25. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded
shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond
in the form supplied by the City and included in the Contract Documents. Failure to do so may,
INSTRUCTIONS TO BIDDERS
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in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying
the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section
995.120, authorized to do business as such in the State of California and satisfactory to the City.
The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the
Total Bid Price.
26. REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request provisions set forth in the
Special Conditions, including any deadlines for substitution requests which may occur prior to
the bid opening date.
27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay
California sales tax and other applicable taxes, and to pay for permits, licenses and fees required
by the agencies with authority in the jurisdiction in which the work will be located, unless
otherwise expressly provided by the Contract Documents.
28. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the
amount determined by the Contract Documents. The City may require appropriate evidence that
the persons executing the Contract are duly empowered to do so.
29. CONFLICT OF INTEREST
In the procurement of supplies, equipment, construction, and services by subrecipients, the
conflict of interest provisions in 24 CFR 85.36, OMB Circular A-110, and CFR 570.611,
respectively, shall apply. No employee, officer or agent of the subrecipient shall participate in
selection, or in the award of administration of a contract supported by Federal funds if a conflict
of interest, real or apparent, would be involved. These conflict of interest provision apply to any
one person who is an employee, agent consultant, officer, or elected official or appointed official
of the [Grantee], or of any designated public agencies or subrecipients which are receiving funds
under the CDBG Entitlement program.
END OF INSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS
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BID FORM
NAME OF BIDDER:
The undersigned, hereby declare that we have carefully examined the location of the proposed
Work, and have read and examined the Contract Documents, including all plans, specifications,
and all addenda, if any, for the following Project:
Slauson Park Picnic Shelter Improvements Project
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services,
and to discharge all duties and obligations necessary and required to perform and complete the
Project for the following TOTAL BID PRICE:
Item Description Unit Cost Total
1. Shelter purchase and install area # 1
2. Concrete work area#2
3. Miscellaneous engineering, soils report, plans and
load calculations
Grand Total
In case of discrepancy between the written price and the numerical price, the written price shall
prevail.
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be
withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after
the bid opening, or until a Contract for the Work is fully executed by the City and a third party,
whichever is earlier.
The Contract duration shall commence on the date stated in the City's Notice to Proceed, and
shall be completed by the Contractor in the time specified in the Contract Documents. In no case
shall the Contractor commence construction prior to the date stated in the City's Notice to
Proceed.
Bidder certifies that it is licensed in accordance with the law providing for the registration of
Contractors, License No. , Expiration Date , class of license . If the
bidder is a joint venture, each member of the joint venture must include the above information.
BIDDER'S PROPOSAL
- 10 -
The undersigned acknowledges receipt, understanding and full consideration of the following
addenda to the Contract Documents.
Addenda No.
Addenda No.
Addenda No.
1. Attached is the required bid security in the amount of not less than 10% of the Total Bid
Price.
2. Attached is the fully executed Non-Collusion Affidavit form.
3. Attached is the completed Designation of Subcontractors form.
4. Attached is the completed Bidder Information Form.
5. Attached is the completed Contractor's Certificate Regarding Workers' Compensation
form.
I hereby certify under penalty of perjury under the laws of the State of California, that all of the
information submitted in connection with this Bid and all of the representations made herein are
true and correct.
Name of Bidder
Signature
Name and Title
Dated
BIDDER'S PROPOSAL
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"NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID"
§7106. Any public works contract of a public entity shall include an affidavit,in the following form:
State of California
County of ) ss.
, being first duly sworn, deposes and says that, he or she is
of ,the party making the foregoing
bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract;that all statements contained
in the bid are true;and,further,that the bidder has not,directly or indirectly,submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay,any fee to any corporation,partnership,company association,organization,bid depository,or to any member
or agent thereof to effectuate a collusive or sham bid."
Project Name: Project Number:
Company:
Address:
Signature: _
Title:
Date:
SWORN TO AND SUBSCRIBED TO BEFORE ME
This day of ,20
Is/Notary Public:
li I
My Commission Expires:
NON-SEGREGATED FACILITIES CERTIFICATION
FEDERALLY-ASSISTED CONSTRUCTION PROJECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
1. Maintain or provide,for his/her employees,any segregated facilities at any of his/her
establishments.
2. Permit his/her employees to perform their services at any location,under his/her
control,where segregated facilities are maintained.
The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract.As used in this certification,the term segregated facilities means any
waiting room,work areas,restrooms and washrooms,restaurants and other eating areas,time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas,transportation,and housing facilities provided for employees which are segregated
by explicit directive or are in fact segregated on the basis of race,creed,color,or national origin,because
of habit,local custom,or otherwise.
The federally-assisted contractor agrees that(except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods)he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt
from the provisions of the Equal Opportunity Clause,and that he/she will retain such certifications in
his/her files.
NOTE:The penalty for making false statements in offers is prescribed in 18 U.S.C.1001. .
Date: Project Number:
Company'
Address:
By:
Title:
13
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The[bidder,Oproposed sub-contractor,hereby certifies that he/she❑has,❑has not,participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he/she ❑has, ❑has not,filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency,or the former President's Committee on Equal
Employment Opportunity,all reports due under the applicable filing requirements.
Date: •
Project Number: ContractAward:$
Awarding Agency:
Contractor Name: Total Number of Employees
Affiliate Company:
By:
Title:
NOTE:The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor
(41 CFR 60-1 7(b)(1),and must be submitted by bidders and proposed subcontractors only in connection with contracts
and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60-1 5(Generally only contracts or subcontracts of$10,000 or under
are exempt)
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)prevents the award of
contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S
Department of Labor.
SF-100(EEO-1)must be filed by;
(A)All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964(as amended)with 100 or more employees
(2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with
another company,or there is centralized ownership,control or management so that the group legally
constitutes a single enterprise,and the entire enterprise employs a total of 100 or more employees
(B)All federal contractors(private employers),who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees,and
a Are prime contractors or first-tier subcontractors,and have a contract,subcontract,or purchase
order amounting to$50,000 or more;or
b Serve as a depository of Government funds in any amount,or
c. Is a financial institution,which is an issuing,and paying agent for U.S Savings Bonds and Notes
14
ovMEhTC Community Development Commission
itrn';:•: , County of Los Angeles
• (ft_ ,•.•
■ iia:..::+ ..,. ..__.
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm:
Address:
State: Zip Code: Telephone Number (
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the
County of Los Angeles and the Community Development Commission, County of Los Angeles.
1) It is understood that each person/entity/firm who applies for a Community Development
Commission contract, and as part of that process, shall certify that they are familiar with the
requirements of the Los Angeles County Code, Chapter 2 160(Los Angeles County Ordinance
93-0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will comply
with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Community Development
Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil
action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on
behalf of the named firm fails to comply with the provisions of the County Code.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into Submission of this certification is a prerequisite for making or entering into
contract with the Los Angeles County and the Community Development Commission, County of Los Angeles
Authorized Official:
By:
(Contractor/Subcontrncto) (Signature)
(Data) (Title)
15
FEDERAL LOBBYIST CERTIFICATION
Name of Firm:
Address:
State: Zip Code: Telephone Number: (
Acting on behalf of the above named firm,as its Authorized Official,I make the following Certification to the U.S.
Department of Housing and Urban Development and the Community Development Commission,County of Los
Angeles_
1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any
person for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of and Federal grant,loan or
cooperative agreement, and any extension, continuation, renewal, amendment, or modification
thereof,and;
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee or any agency,a Member of Congress
an officer or employee of Congress or an employee of a Member of Congress in connection with
this
Federal contract,grant loan,or cooperative agreement,the above named firm shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions,and;
3) The above name firm shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers(including subcontracts,sub-grants,and contracts under
grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose
accordingly
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction
imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure
Authorized Official:
By:
(Contractor/Subcontractor) (Signature)
(Dare) (Title)
16
WORKER'S COMPENSATION CERTIFICATION
I certify,by signature below,that I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the provisions of
that code,and I will comply with such provisions before commencing the performance of
the work of this contract.
Date: Project Number:
Project Name:
Company Name:
Address:
Print Name:
Title:
Signature:
17
CONTRACTOR LIST OF PROPOSED SUBCONTRACTORS
Bidder must list all subcontracts, regardless of dollar amount or percentage of bi_dt
PROJECT NAME AWARDING AGENCY
Location! Project Number:
Employer Contractor Estimated Estimated
SUBCONTRACTORS: Contract Start Completion
Identification license TR4DES TO BE USED
Name,Addre , and Telephone Number Amount Date Date
Number Number
00
1111111111111r
Signature Name and Title
Date Company Name
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Appmwl Ntmbr 2501-0011
(Exp 09r50/2006)
1. FROM(name and address of requesting agency) 2. PROJECT NAME AND NUMBER
3 LOCATION OF PROJECT(City,County and Stale)
4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION
❑ Building ❑ Residential
❑ Heavy ❑ Other(specify)
E Highway
6. WAGE DECISION NO.(include modification number,it any) 7. WAGE DECISION EFFECTIVE DATE
❑ COPY ATTACHED
5. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S)(If any)
9. PRIME CONTRACTOR(name,address) 10. SUBCONTRACTORIEMPLOYER,IF APPLICABLE(name.address)
'Check All Tb tTApply:
❑ The work to be performed by the additional classification(s)is not performed by a classification in the applicable wage decision
❑ The proposed classification is utilized in the area by the construction industry
❑ The proposed wage rate(s),Including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the
wage decision
❑ The interested parties,including the employees or their authorized representatives,agree on the classification(s)and wage rate(s)
❑ Supporting documentation attached,including applicable wage decision
Ghe0J One:
❑ Approved,meets all criteria. DOL confirmation requested.
❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested,
FOR HUD USE ONLY
LR2000:
Agency Representative Date
(Typed name and signature) Log in:
Log out:
Phone Number
NIJD<23DA(SOS)PREVIOUS EDITION IS OBSOLETE
19
•
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
TO:
(Name of Labor Union.Workers Representative.etc
(Address)
Name of Business(Contractor):
Project Name: Project Number:
The Undersigned currently holds a contract with , involving
funds of the U.S.Government,or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract,and in accordance
with Executive Order 11246,the undersigned is obligated not to discriminate against any employee
or applicant for employment because of race,color,religion,sex or national origin. This obligation
not to discriminate in employment includes,but is not limited to the follow:
1. Hiring,placement, upgrading,transfer or demotion;
2. Recruitment,advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection for training, including apprenticeship;and
6. Layoff or termination.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous
places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Date) (Title)
20
BID BOND
The makers of this bond are,
, as Principal, and
, as Surety and are held and firmly bound
unto the City of Azusa, hereinafter called the City, in the penal sum of TEN PERCENT (10%)
OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below,
for the payment of which sum in lawful money of tJe United States, well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal
has submitted the accompanying bid dated , 20 , for [**INSERT PROJECT
NAME**].
If the Principal does not withdraw its bid within the time specified in the Contract
Documents; and if the Principal is awarded the Contract and provides all documents to the City
as required by the Contract Documents; then this obligation shall be null and void. Otherwise,
this bond will remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation
under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is
recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including
reasonable attorneys' fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument
under their several seals this day of , 20 , the name and
corporate seal of each corporation.
(Corporate Seal)
Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
21
STATE OF CALIFORNIA
COUNTY OF
On before me, (here insert
name and title of the officer), personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
22
INFORMATION REQUIRED OF BIDDERS
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**]
NOTE:Where Bidder is a joint venture, pages shall be duplicated and information
provided for all parties to the joint venture.
1.0 Name of Bidder:
2.0 Type, if Entity:
3.0 Bidder Address:
Facsimile Number Telephone Number
4.0 How many years has Bidder's organization been in business as a Contractor?
5.0 How many years has Bidder's organization been in business under its present
name?
5.1 Under what other or former names has Bidder's organization
operated?:
6.0 If Bidder's organization is a corporation, answer the following:
6.1 Date of Incorporation:
6.2 State of Incorporation:
6.3 President's Name:
6.4 Vice-President's Name(s):
6.5 Secretary's Name:
6.6 Treasurer's Name:
23
7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization:
7.2 Name and address of all partners (state whether general or limited
partnership):
8.0 If other than a corporation or partnership, describe organization and name
principals:
9.0 List other states in which Bidder's organization is legally qualified to do business.
10.0 What type of work does the Bidder normally perform with its own forces?
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when,
where, and why:
12.0 Within the last five years, has any officer or partner of Bidder's organization ever
been an officer or partner of another organization when it failed to complete a
contract? If so, attach a separate sheet of explanation:
24
14.0 List Trade References:
15.0 List Bank References (Bank and Branch Address):
16.0 Name of Bonding Company and Name and Address of Agent:
25
B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**]
Project Description of Completion Date Cost of Bidder's
Bidder's Work Work
26
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**]
Please include only those projects which are similar enough to demonstrate Bidder's ability to
perform the required Work.
Project Client Description of Period of Performance Cost of Bidder's
Bidder's Work Work
27
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management,
construction supervision or engineering capacity.
1. List each person's job title, name and percent of time to be allocated to this
project:
2. Summarize each person's specialized education:
3. List each person's years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all
relevant Work, unless substituted by personnel of equivalent experience and qualifications
approved in advance by the City.
28
Additional Bidder's Statements:
If the Bidder feels that there is additional information which has not been included in the
questionnaire above, and which would contribute to the qualification review, it may add that
information in a statement here or on an attached sheet, appropriately marked:
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing
information is true and correct:
Name of Bidder
Signature
Name
Title
Dated
29
CONTRACT
THIS CONTRACT is made this day of , 200_, in the County of Los
Angeles, State of California, by and between the City of Azusa, hereinafter called City, and
, hereinafter called Contractor. The City and the Contractor
for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time
stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services,
and transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5 below for the following Project:
SLAUSON PARK PICNIC SHELTER IMPROVEMENTS
PROJECT NO: D61332
The Contractor and its surety shall be liable to the City for any damages arising as a result of the
Contractor's failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated
in the City's Notice to Proceed. The Contractor shall complete all Work required by the
Contract Documents within 30 calendar days from the commencement date stated in the Notice
to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above
is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation
for the performance of the Contract, subject to any additions or deductions as provided in the
Contract Documents, and including all applicable taxes and costs, the sum of
Dollars
($ ). Payment shall be made as set forth in the General
Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section
53069.85, it is agreed that the Contractor will pay the City the sum of$100 for each and every
calendar day of delay beyond the time prescribed in the Contract Documents for finishing the
Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the
Contractor agrees the City may deduct that amount from any money due or that may become due
the Contractor under the Contract. This Article does not exclude recovery of other damages
specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents"
include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation
Bid Bond
Designation of Subcontractors
30
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law
required to be included in these Contract Documents shall be deemed to be included in these
Contract Documents. The Contractor shall comply with all requirements of the California Labor
Code applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in
the General Conditions.
ARTICLE 8. PREVAILING WAGES & LABOR CODE. By executing this Agreement, the
Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workmen's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this contract."
"I am aware that this is a Federal assisted project and Davis Bacon requirement will be
enforced; and if State and Federal wage rates are applicable, then the higher of the two
will be used; and that the Federal Labor Standards Provision (Form HUD-4010) is part of
this contract and compliance will be enforced."
"I hereby certify that, as prime contractor of this contract, I am eligible for the award of
contract receiving Federal assistance." (Reference: Handbook 1344.1 REV-1, Paragraph
2-9).
"I hereby certify that I am in receipt of the following:
Project Specification Page
Federal Equal Employment Opportunity/Affirmative Action Requirements
Federal Labor Standards
31
Applicable Federal Wage Determination
Federal Provisions."
In the event a legal action is filed by the City of Azusa to enforce its rights under this agreement,
said City shall be entitled to recover its reasonable attorney's fees and costs of litigation in
addition to any other relief granted by the court."
ARTICLE 9. DECLARATION OF POLITICAL CONTRIBUTIONS. Consultant shall,
throughout the term of this Agreement, submit to City an annual statement in writing declaring
any political contributions of money, in-kind services, or loan made to any member of the city
council within the previous twelve-month period by the Consultant and all of Consultant's
employees, including any employee(s) that Consultant intends to assign to perform the Services
described in this Agreement.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named
parties, on the day and year above written.
[NAME OF CONTRACTORS CITY OF AZUSA
By By
Name and Title:
License No.
32
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, (hereinafter referred to as "City") has
awarded to , (hereinafter referred to as the "Contractor")
an agreement for (hereinafter
referred to as the"Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of DOLLARS,
($ ), said sum being not less than one hundred percent (100%) of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, •
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of
all materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney's
fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations
PERFORMANCE BOND
- 33 -
under the Contract, law or equity, including, but not limited to, California Code of Civil
Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The
term "balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the CITY, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of
the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents
or to the Project.
[Remainder of Page Left Intentionally Blank.]
PERFORMANCE BOND
- 34 -
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 200
CONTRACTOR/PRINCIPAL
Name
By
SURETY:
By:
Attorney-In-Fact
The rate of premium on this bond is per thousand. The total amount of premium
charges, $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
•
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
PERFORMANCE BOND
- 35 -
STATE OF CALIFORNIA
COUNTY OF
On before me, (here insert
name and title of the officer), personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must
be attached hereto.
PERFORMANCE BOND
- 36 -
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Azusa (hereinafter designated as the "City"), by action taken or a
resolution passed , 20 has awarded to hereinafter
designated as the "Principal," a contract for the work described as follows:
(the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety, are held
and firmly bound unto the City in the penal sum of Dollars ($ )
lawful money of the United States of America, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the
persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the
Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above
specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the
City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon this
bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any change, extension of time for performance, addition,
alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining
or relating to any scheme or work of improvement herein above described, or pertaining or
relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery of
claimants otherwise entitled to recover under any such contract or agreement or under the bond,
PAYMENT BOND
- 37 -
nor by any fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all persons for
whose benefit such bond is given, and under no circumstances shall Surety be released from
liability to those for whose benefit such bond has been given, by reason of any breach of contract
between the owner or City and original contractor or on the part of any obligee named in such
bond, but the sole conditions of recovery shall be that claimant is a person described in Section
3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby,waive notice of any such change, extension of time, addition, alteration or
modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and
Surety above named, on the day of 20 the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed b its
undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor)
By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and
+surety and a power of Attorney MUST BE ATTACHED.
PAYMENT BOND
- 38 -
GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the
acceptance of the Engineer and/or the City .
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and
tidal waves.
c. Approval means written authorization by Engineer and/or City .
d. Contract Documents includes all documents as stated in the Contract.
e. City and Contractor are those stated in the Contract. The terms City and Owner may be
used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated.
g. Engineer shall mean the City Engineer, or his or her designee, of the City of Azusa,
acting either directly or through properly authorized agents, such as agents acting within
the scope of the particular duties entrusted to them. Also sometimes referred to as the
"City's Representative" or"Representative" in the Contract Documents.
h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar
words shall mean the written approval, selection, satisfaction, direction, or similar action
of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean
that reference is made to the drawings, unless otherwise noted. It shall be understood that
the direction, designation, selection, or similar import of the Engineer and/or City is
intended, unless stated otherwise.
j. Install means the complete installation of any item, equipment or material.
k. Material shall include machinery, equipment, manufactured articles, or construction such
as form work, fasteners, etc., and any other classes of material to be furnished in
connection with the Contract. All materials shall be new unless specified otherwise.
1. Perform shall mean that the Contractor, at Contractor's expense, shall take all actions
necessary to complete The Work, including furnishing of necessary labor, tools, and
equipment, and providing and installing Materials that are indicated, specified, or
required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents.
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n. Provide shall include provide complete in place, that is furnish, install, test and make
ready for use.
o. Recyclable Waste Materials shall mean materials removed from the Project site which are
required to be diverted to a recycling center rather than an area landfill. Recyclable
Waste Materials include asphalt, concrete, brick, concrete block, and rock.
P. Specifications means that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, standards and workmanship
for the work. Except for Sections 1-9 of the Standard Specifications for Public Works
Construction ("Greenbook"), 2003 Edition, which are specifically excluded from
incorporation into these Contract Documents, the Work shall be done in accordance with
the Greenbook, including all current supplements, addenda, and revisions thereof In the
case of conflict between the Greenbook and the Contract Documents, the Contract
Documents shall prevail.
q. The Work means the entire improvement planned by the City pursuant to the Contract
Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the
construction covered by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called
for by one shall be as binding as if called for by all.
b. Interpretations. The Contract Documents are intended to be fully cooperative and to be
complementary. If Contractor observes that any documents are in conflict, the Contractor
shall promptly notify the Engineer in writing. In case of conflicts between the Contract
Documents, the order of precedence shall be as follows:
1. Change Orders or Work Change Directives
2. Addenda
3. Special Provisions (or Special Conditions)
4. Technical Specifications
5. Plans (Contract Drawings)
6. Contract
7. General Conditions
8. Instructions to Bidders
9. Notice Inviting Bids
10. Contractor's Bid Forms
11. Greenbook
12. Standard Plans
13. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
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1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding thg orders of precedence
established above, in the event of conflicts, the higher or more restrictive standard shall
always apply.
d. Organization of Contract Documents. Organization of the Contract Documents into
divisions, sections, and articles, and arrangement of drawings shall not control the
Contractor in dividing The Work among subcontractors or in establishing the extent of
Work to be performed by any trade.
ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, one (1) copy of the Contract Documents. Additional
copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.
ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work,
Contractor shall again carefully examine all applicable Contract Documents, the Project
site and other information given to Contractor as to materials and methods of
construction and other Project requirements. Contractor shall immediately notify the
Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or
explanation. If Contractor performs, permits, or causes the performance of any Work
which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained,
Contractor shall bear any and all resulting costs, including, without limitation, the cost of
correction. In no case shall the Contractor or any subcontractor proceed with Work if
uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity,
conflict or lack of detail or explanation, the Engineer will provide any required additional
instructions, by means of drawings or other written direction, necessary for proper
execution of Work.
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best
quality of their respective kinds and the Contractor must use all diligence to inform itself
fully as to the required construction and finish. In no case shall Contractor proceed with
The Work without obtaining first from the Engineer such Approval as may be necessary
for the proper performance of Work.
d. Contractor's Variation from Contract Document Requirements. If it is found that
the Contractor has varied from the requirements of the Contract Documents including the
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requirement to comply with all applicable laws, ordinances, rules and regulations, the
Engineer may at any time, before or after completion of the Work, order the improper
Work removed, remade or replaced by the Contractor at the Contractor's expense.
ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. The City has endeavored to determine the existence of utilities at the Project site from the
records of the owners of known utilities in the vicinity of the Project. The positions of
these utilities as derived from such records are shown on the Plans.
b. No excavations were made to verify the locations shown for underground utilities. The
service connections to these utilities are not shown on the plans. It shall be the
responsibility of the Contractor to determine the exact location of all service connections.
The Contractor shall make its own investigations, including exploratory excavations, to
determine the locations and type of service connections, prior to commencing Work
which could result in damage to such utilities. The Contractor shall immediately notify
the City in writing of any utility discovered in a different position than shown on the
Plans or which is not shown on the Plans.
c. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults,
gas utility valves, and other subsurface structures shall be relocated or adjusted to final
grade by the Contractor. Locations of existing utilities shown on the Plans are
approximate and may not be complete. The Contractor shall be responsible for
coordinating its Work with all utility companies during the construction of The Work.
d. Notwithstanding the above, pursuant to Section 4215 of the Government Code, the City
has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on
the plans and specifications. In the event that main or trunkline utility facilities are not
identified with reasonable accuracy in the plans and specifications made a part of the
invitation for bids, City shall assume the responsibility for their timely removal,
relocation, or protection.
e. Contractor, except in an emergency, shall contact the appropriate regional notification
center, Southern California Underground Service Alert at 1-800-227-2600 at least two
working days prior to commencing any excavation if the excavation will be performed in
an area which is known, or reasonably should be known, to contain subsurface
installations other than the underground facilities owned or operated by the City, and
obtain an inquiry identification number from that notification center. No excavation shall
be commenced or carried out by the Contractor unless such an inquiry identification
number has been assigned to the Contractor or any subcontractor of the Contractor and
the City has been given the identification number by the Contractor.
ARTICLE 6. SCHEDULE
a. Estimated Schedule. Within fourteen (14) days after the issuance of the Notice to
Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer
for Approval. The receipt or Approval of any schedules by the Engineer or the City shall
not in any way relieve the Contractor of its obligations under the Contract Documents.
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The Contractor is fully responsible to determine and provide for any and all staffing and
resources at levels which allow for good quality and timely completion of the Project.
Contractor's failure to incorporate all elements of Work required for the performance of
the Contract or any inaccuracy in the schedule shall not excuse the Contractor from
performing all Work required for a completed Project within the specified Contract time
period. If the required schedule is not received by the time the first payment under the
Contract is due, Contractor shall not be paid until the schedule is received, reviewed and
accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather. The
schedule shall indicate the beginning and completion dates of all phases of construction;
critical path for all critical, sequential time related activities; and "float time" for all
"slack" or "gaps" in the non-critical activities. The schedule shall clearly identify all
staffing and other resources which in the Contractor's judgment are needed to complete
the Project within the time specified for completion. Schedule duration shall match the
Contract time. Schedules indicating early completion will be rejected.
c. Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the Engineer
whenever requested to do so by Engineer and with each progress payment request. The
Engineer may withhold progress payments or other amounts due under the Contract
Documents if Contractor fails to submit an updated and accurate construction schedule.
ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is
described in the invitation for bids that designates certain products, things, or services by
specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material,
process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed
to be followed by the words "or equal." Contractor may, unless otherwise stated, offer
for substitution any material, process or article which shall be substantially equal or better
in every respect to that so indicated or specified in the Contract Documents. However,
the City may have adopted certain uniform standards for certain materials, processes and
articles.
c. Contractor shall submit requests, together with substantiating data, for substitution of any
"or equal"material, process or article no later than thirty-five (35) days after award of the
Contract. To facilitate the construction schedule and sequencing, some requests may
need to be submitted before thirty-five (35) days after award of Contract. Provisions
regarding submission of"or equal" requests shall not in any way authorize an extension
of time for performance of this Contract. If a proposed "or equal" substitution request is
rejected, Contractor shall be responsible for providing the specified material, process or
article. The burden of proof as to the equality of any material, process or article shall rest
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with the Contractor. The City has the complete and sole discretion to determine if a
material, process or article is an "or equal" material, process or article that may be
substituted.
d. Data required to substantiate requests for substitutions of an "or equal" material, process
or article data shall include a signed affidavit from the Contractor stating that, and
describing how, the substituted "or equal" material, process or article is equivalent to that
specified in every way except as listed on the affidavit. Substantiating data shall include
any and all illustrations, specifications, and other relevant data including catalog
information which describes the requested substituted "or equal" material, process or
article, and substantiates that it is an "or equal" to the material, process or article. The
substantiating data must also include information regarding the durability and lifecycle
cost of the requested substituted "or equal"material, process or article. Failure to submit
all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
e. The Contractor shall bear all of the City's costs associated with the review of substitution
requests.
f. The Contractor shall be responsible for all costs related to a substituted "or equal"
material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made
pursuant to Public Contract Code section 3400.
ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such
promptness as to provide adequate time for review and cause no delay in his own Work
or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies
of all shop or setting drawings, calculations, schedules, and materials list, and all other
provisions required by the Contract. Contractor shall sign all submittals affirming that
submittals have been reviewed and approved by Contractor prior to submission to
Engineer. Each signed submittal shall affirm that the submittal meets all the requirements
of the Contract Documents except as specifically and clearly noted and listed on the
cover sheet of the submittal.
b. Contractor shall make any corrections required by the Engineer, and file with the
Engineer six (6) corrected copies each, and furnish such other copies as may be needed
for completion of the Work. Engineer's approval of shop drawings shall not relieve
Contractor from responsibility for deviations from the Contract Documents unless
Contractor has, in writing, called Engineer's attention to such deviations at time of
submission and has secured the Engineer's written Approval. Engineer's Approval of
shop drawings shall not relieve Contractor from responsibility for errors in shop
drawings.
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ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing
any Work, a log of all samples, material lists and certifications, mix designs, schedules,
and other submittals, as required in the specifications. The log shall indicate whether
samples will be provided in accordance with other provisions of this Contract.
b. Contractor will provide samples and submittals, together with catalogs and supporting
data required by the Engineer, to the Engineer within a reasonable time period to provide
for adequate review and avoid delays in the Work.
c. These requirements shall not authorize any extension of time for performance of this
Contract. Engineer will check and approve such samples, but only for conformance with
design concept of work and for compliance with information given in the Contract
Documents. Work shall be in accordance with approved samples and submittals.
ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall
provide and pay for all materials, labor, tools, equipment, water, lights, power,
transportation, superintendence, temporary constructions of every nature, and all other
services and facilities of every nature whatsoever necessary to execute and complete this
Contract within specified time.
b. Unless otherwise specified, all materials shall be new and the best of their respective
kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure
uninterrupted progress of The Work and shall be stored properly and protected as
required by the Contract Documents. Contractor shall be entirely responsible for damage
or loss by weather or other causes to materials or Work.
d. No materials, supplies, 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 therein or in any part thereof is retained by the seller or supplier. Contractor
warrants good title to all material, supplies, and equipment installed or incorporated in
the work and agrees upon completion of all work to deliver the Project, to the City free
from any claims, liens, or charges.
e. Materials shall be stored on the Project site in such manner so as not to interfere with any
operations of the City or any independent contractor.
ARTICLE 11. CONTRACTOR'S SUPERVISION
Contractor shall continuously keep at the Project site a competent and experienced full-time
Project superintendent approved by the City. Superintendent must be able to proficiently speak,
read and write in English. Contractor shall continuously provide efficient supervision of the
Project.
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ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees.
Contractor shall not employ on the Project any unfit person or any one not skilled in the
Work assigned to him or her.
b. Any person in the employ of the Contractor whom the City may deem incompetent or
unfit shall be dismissed from The Work and shall not be employed on this Project except
with the written Approval of the City.
ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as
far as such terms are applicable to subcontractor's portion of The Work. Contractor shall
be as fully responsible to the City for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by its subcontractors, as Contractor is for
acts and omissions of persons directly employed by Contractor. Nothing contained in
these Contract Documents shall create any contractual relationship between any
subcontractor and the City.
b. The City reserves the right to Approve all subcontractors. The City's Approval of any
subcontractor under this Contract shall not in any way relieve Contractor of its
obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply
with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to
California Public Contract Code section 4100 et seq.
ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by
Contractor, unless otherwise specified in the Contract Documents.
a. Contractor shall obtain and pay for all other permits and licenses required for The Work,
including excavation permit and for plumbing, mechanical and electrical work and for
operations in or over public streets or right of way under jurisdiction of public agencies
other than the City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to
permits and licenses, including certification, required by the specifications, drawings, or
by governing authorities, except for such off-site inspections delineated as the City's
responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits,
certificates of inspection and required approvals to the City.
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ARTICLE 15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone,
used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide
necessary temporary distribution systems, including meters, if necessary, from
distribution points to points on The Work where the utility is needed. Upon completion
of The Work, Contractor shall remove all temporary distribution systems. ,
b. Contractor shall provide necessary and adequate utilities and pay all costs for water,
electricity, gas, oil, and sewer charges required for completion of the Project.
c. All permanent meters Installed shall be listed in the Contractor's name until Project
Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written
Approval of the City, use the City's existing utilities by compensating the City for
utilities used by Contractor.
ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited
to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City. Contractor
shall be responsible for arranging the payment of such fees, but inspection fees and other
municipal fees relating to permanent utilities shall be paid by the City. Contractor may either
request reimbursement from the City for such fees, or shall be responsible for arranging and
coordination with City for the payment of such fees.
ARTICLE 17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in
advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or
other provisions to be made for worker protection from the hazard of caving ground
during the excavation of any trench or trenches five feet or more in depth. If the plan
varies from shoring system standards, the plan shall be prepared by a registered civil or
structural engineer. The plan shall not be less effective than the shoring, bracing, sloping,
or other provisions of the Construction Safety Orders, as defined in the California Code
of Regulations.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging
trenches or other excavation that extends deeper than four feet below the surface,
Contractor shall promptly, and before the following conditions are disturbed, notify the
City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
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2) Subsurface or latent physical conditions at the site differing from those indicated.
3) Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in the Contract.
The City shall promptly investigate the conditions, and if it finds that the conditions do so
materially differ, or do involve hazardous waste, and cause a decrease or increase in
Contractor's cost of, or the time required for, performance of any part of The Work, shall
issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase
in the Contractor's cost of, or time required for, performance of any part of The Work,
the Contractor shall not be excused from any scheduled completion date provided for by
the Contract, but shall proceed with all Work to be performed under the Contract.
Contractor shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the parties.
ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City's waste reduction and recycling efforts, Contractor shall
divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be
required to submit weight tickets and written proof of diversion with its monthly progress
payment requests. Contractor shall complete and execute any certification forms required by
City or other applicable agencies to document Contractor's compliance with these diversion
requirements. All costs incurred for these waste diversion efforts shall be the responsibility of
the Contractor.
ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB)
or other toxic wastes and hazardous materials which have not been rendered harmless at the
Project site, the Contractor shall immediately stop work at the affected Project site and shall
report the condition to the City in writing. The City shall contract for any services required to
directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required
by the Project site(s), and shall not require the Contractor to subcontract for such services. The
Work in the affected area shall not thereafter be resumed except by written agreement of the City
and Contractor.
ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets
shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper
and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and
shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA
regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet
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facilities in The Work under construction shall not be permitted. Any other Sanitary Facilities
required by CAL-OSHA shall be the responsibility of the Contractor.
ARTICLE 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.
All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to
indicate that the contents fully comply with the applicable material requirements.
ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT
a. Contractor shall be required to comply with all conditions of the State Water Resources
Control Board ("State Water Board") National Pollutant Discharge Elimination System
General Permit for Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activity ("Permit") for all construction activity
which results in the disturbance of in excess of one acre of total land area or which is part
of a larger common area of development or sale. Contractor shall be responsible for
filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely
responsible for preparing and implementing a Storm Water Pollution Prevention Plan
("SWPPP") prior to initiating Work. In bidding on this Contract, it shall be Contractor's
responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as
well as complying with the SWPPP and any necessary revision to the SWPPP.
Contractor shall comply with all requirements of the State Water Resources Control
Board. Contractor shall include all costs of compliance with specified requirements in
the Contract amount.
b. Contractor shall be responsible for procuring, implementing and complying with the
provisions of the Permit and the SWPPP, including the standard provisions, monitoring
and reporting requirements as required by the Permit. Contractor shall provide copies of
all reports and monitoring information to the Engineer.
c. Contractor shall comply with the lawful requirements of any applicable municipality, the
City, drainage district, and other local agencies regarding discharges of storm water to
separate storm drain system or other watercourses under their jurisdiction, including
applicable requirements in municipal storm water management programs.
d. Storm, surface, nuisance, or other waters may be encountered at various times during
construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby
acknowledges that it has investigated the risk arising from such waters, has prepared its
Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
e. Failure to comply with the Permit is in violation of federal and state law. Contractor
hereby agrees to indemnify and hold harmless City, its officials, officers, agents,
employees and authorized volunteers from and against any and all claims, demands,
losses or liabilities of any kind or nature which City, its officials, officers, agents,
employees and authorized volunteers may sustain or incur for noncompliance with the
Permit arising out of or in connection with the Project, except for liability resulting from
the sole established negligence, willful misconduct or active negligence of the City, its
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officials, officers, agents, employees or authorized volunteers. City may seek damages
from Contractor for delay in completing the Contract in accordance with the Contract
Documents, caused by Contractor's failure to comply with the Permit.
ARTICLE 23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and
excess materials and equipment. Contractor shall not store debris under, in, or about the
premises. Upon completion of Work, Contractor shall clean the interior and exterior of
the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs,
window sills and ledges, horizontal projections, and any areas where debris has collected
so surfaces are free from foreign material or discoloration. Contractor shall clean and
polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and
equipment and contractor shall also remove temporary fencing, barricades, planking and
construction toilet and similar temporary facilities from site. Contractor shall also clean
all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease,
fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor
fails to immediately clean up at the completion of The Work, the City may do so and the
cost of such clean up shall be charged back to the Contractor.
ARTICLE 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork
operations shall be furnished by the Contractor at its expense. Layout shall be done by a
registered civil engineer Approved by the Engineer. Any required "as-built" drawings of the
Work shall be prepared by the registered civil engineer.
ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so
that the emission of sound therefrom is within the noise tolerance level of that equipment
as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound
control and noise level rules, regulations and ordinances and (2) the requirements
contained in these Contract Documents, including hours of operation requirements. No
internal combustion engine shall be operated on the Project without a muffler of the type
recommended by the manufacturer. Should any muffler or other control device sustain
damage or be determined to be ineffective or defective, the Contractor shall promptly
remove the equipment and shall not return said equipment to the job until the device is
repaired or replaced. Said noise and vibration level requirements shall apply to all
equipment on the job or related to the job, including but not limited to, trucks, transit
mixers or transit equipment that may or may not be owned by the Contractor.
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ARTICLE 26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public
authority require any part of The Work to be tested or Approved, Contractor shall provide
the Engineer at least two (2) working days notice of its readiness for observation or
inspection. If inspection is by a public authority other than the City, Contractor shall
promptly inform the City of the date,fixed for such inspection. Required certificates of
inspection (or similar) shall be secured by Contractor. Costs for City testing and City
inspection shall be paid by the City. Costs of tests for Work found not to be in
compliance shall be paid by the Contractor.
b. If any Work is done or covered up without the required testing or approval, the
Contractor shall uncover or deconstruct the Work, and the Work shall be redone after
completion of the testing at the Contractor's cost in compliance with the Contract
Documents.
c. Where inspection and testing are to be conducted by an independent laboratory or
agency, materials or samples of materials to be inspected or tested shall be selected by
such laboratory or agency, or by the City, and not by Contractor. All tests or inspections
of materials shall be made in accordance with the commonly recognized standards of
national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested
or inspected, Contractor shall notify the City so that the City may arrange for testing at
the source of supply. Any materials which have not satisfactorily passed such testing and
inspection shall not be incorporated into The Work.
•
e. If the manufacture of materials to be inspected or tested will occur in a plant or location
outside the geographic limits of City, the Contractor shall pay for any excessive or
unusual costs associated with such testing or inspection, including but not limited to
excessive travel time, standby time and required lodging.
f. Reexamination of Work may be ordered by the City. If so ordered, Work must be
uncovered or deconstructed by Contractor. If Work is found to be in accordance with the
Contract Documents, the City shall pay the costs of reexamination and reconstruction. If
such work is found not to be in accordance with the Contract Documents, Contractor
shall pay all costs.
ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a
result of The Work. Contractor shall be responsible for the proper care and protection of
all materials delivered and Work performed until completion and final Acceptance by the
City. All Work shall be solely at the Contractor's risk. Contractor shall adequately protect
adjacent property from settlement or loss of lateral support as necessary. Contractor shall
comply with all applicable safety laws and building codes to prevent accidents or injury
to persons on, about, or adjacent to the Project site where Work is being performed.
Contractor shall erect and properly maintain at all times, as required by field conditions
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and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for
protection of workers and the public, and shall post danger signs warning against hazards
created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor,
without special instruction or authorization from the Engineer, is hereby permitted to act
to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so
authorized or instructed by the Engineer or the City. Any compensation claimed by
Contractor on account of emergency work shall be determined by and agreed upon by the
City and the Contractor.
c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect
all Work, materials, equipment, appliances, and tools against damage by weather
conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs,
pavements, utilities, and other adjoining property and structures, and to avoid damage
thereto, and Contractor shall repair any damage thereto caused by The Work operations.
Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause
minimum amount of inconvenience and danger to the public.
2) Provide substantial barricades around any shrubs or trees indicated to be
preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.
4) Provide any and all dust control required and follow the Applicable air quality
regulations as appropriate. If the Contractor does not comply, the City shall have
the immediate authority to provide dust control and deduct the cost from
payments to the Contractor.
5) Confine Contractor's apparatus, the storage of materials, and the operations of its
workers to limits required by law, ordinances, permits, or directions of the
Engineer. Contractor shall not unreasonably encumber the Project site with its
materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or
other devices marking property boundaries or corners. If such markers are
disturbed by accident, they shall be replaced by an approved civil engineer or land
surveyor, at no cost to the City.
7) Ensure that existing facilities, fences and other structures are all adequately
protected and that, upon completion of all Work, all facilities that may have been
damaged are restored to a condition acceptable to the City.
8) Preserve and protect from injury all buildings, pole lines and all direction,
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52
warning and mileage signs that have been placed within the right-of-way.
9) At the completion of work each day, leave the Project site in a clean, safe
condition.
10) Comply with any stage construction and traffic handling plans. Access to
residences and businesses shall be maintained at all times.
These precautionary measures will apply continuously and not be limited to normal
working hours. Full compensation for the Work involved in the preservation of life,
safety and property as above specified shall be considered as included in the prices paid
for the various contract items of Work, and no additional allowance will be made
therefor.
e. Should damage to persons or property occur as a result of The Work, Contractor shall be
responsible for proper investigation, documentation, including video or photography, to
adequately memorialize and make a record of what transpired. The City shall be entitled
to inspect and copy any such documentation, video, or photographs.
ARTICLE 28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no
case shall the Contractor's means and methods deviate from commonly used industry standards.
ARTICLE 29. INSPECTOR'S FIELD OFFICE
a. The Contractor shall be responsible for providing the inspector's field office. The Office
shall be a substantial waterproof construction with adequate natural light and ventilation
by means of stock design windows. Door shall have a key type lock or padlock clasp.
The office shall have heating and air conditioning and shall be equipped with a telephone,
a telephone answering machine, and a fax machine at Contractor's expense.
b. A table satisfactory for the study of plans and two chairs shall be Provided by Contractor.
Contractor shall Provide and pay for adequate electric lights, local telephone service, and
adequate heat and air conditioning for the field office until authorized removal.
ARTICLE 30. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site
at all times. The City may designate an inspector who shall have the right to observe all of the
Contractor's Work. The inspector is not authorized to make changes in the Contract Documents.
The inspector shall not be responsible for the Contractor's failure to carry out The Work in
accordance with the Contract Documents. Contractor shall provide safe and proper facilities for
such access.
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ARTICLE 31. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day's work. The Contractor and each
subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each
worker employed in the execution of Work by the Contractor or any subcontractor for
each day during which such worker is required or permitted to work more than eight (8)
hours in any one day and forty (40) hours in any week in violation of the provisions of
the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in
Labor Code Section 1815.
b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift
basis, Monday through Friday,between the hours of 7:00 a.m. and 5:00 p.m.
c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the
following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m.,
Monday through Friday, with no Work allowed on City-observed holidays, unless
otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.
ARTICLE 32. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall
maintain weekly certified payroll records showing the name, address, social security
number, work classification, straight time and overtime hours paid each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker or other
employee employed in connection with the work. Contractor shall certify under penalty
of perjury that records maintained and submitted by Contractor are true and accurate.
Contractor shall also require subcontractor(s) to certify weekly payroll records under
penalty of perjury.
b. The payroll records described herein shall be certified and submitted by the Contractor at
a time designated by the City. The Contractor shall also provide the following:
1) A certified copy of the employee's payroll records shall be made available for
inspection or furnished to such employee or his or her authorized representative
on request.
2) A certified copy of all payroll records described herein shall be made available for
inspection or furnished upon request of the Department of Industrial Relations
("DIR").
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c. The certified payroll records shall be on forms provided by the Division of Labor
Standards Enforcement ("DLSE") of the DIR or shall contain the same information as the
forms provided by the DLSE.
d. Any copy of records made available for inspection and furnished upon request to the
public shall be marked or obliterated in such a manner as to prevent disclosure of an
individual's name, address, and social security number. The name and address of the
Contractor or any subcontractor shall not be marked or obliterated.
e. In the event of noncompliance with the requirements of this Section, the Contractor shall
have ten (10) days in which to comply subsequent to receipt of written notice specifying
any item or actions necessary to ensure compliance with this section. Should
noncompliance still be evident after such ten (10) day period, the Contractor shall, as a
penalty to the City, forfeit Twenty-five Dollars ($25.00) for each day, or portion thereof,
for each worker until strict compliance is effectuated. Upon the request of the DIR, such
penalties shall be withheld from contract payments.
ARTICLE 33. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and
1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on certain "public works" and "maintenance"
projects. Since this Project involves an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and since the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage. Contractor
shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to perform work on the Project available to interested parties
upon request, and shall post copies at the Contractor's principal place of business and at
the Project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claims, liabilities,
costs, penalties or interest arising out of any failure or allege failure to comply with the
Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than
fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less
than the stipulated prevailing wage rate for any work done by him, or by any subcontract
under him, in violation of the provisions of the Labor Code. The difference between such
stipulated prevailing wage rate and the amount paid to each worker for each calendar day
or portion thereof for which each worker was paid less than the stipulated prevailing
wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule
showing all determined general prevailing wage rates and all authorized deductions, if
any, from unpaid wages actually earned.
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ARTICLE 34. EMPLOYMENT OF APPRENTICES
The Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of
the Labor Code concerning employment of apprentices by the Contractor or any subcontractor.
The Contractor shall obtain a certificate of apprenticeship before employing any apprentice
pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to
apprenticeship standards, wage schedules, and other requirements may be obtained from the
Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and
its subcontractors shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, age, political affiliation, marital status, or
handicap on this Project. The Contractor will take affirmative action to insure that employees
are treated during employment or training without regard to their race, color, religion, sex,
national origin, age, political affiliation,marital status, or handicap.
ARTICLE 36. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies
with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and
California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial
Relations, Chapter 4.
ARTICLE 37. WORKERS' COMPENSATION INSURANCE
The Contractor shall Provide, during the life of this Contract, workers' compensation insurance
for all of the employees engaged in Work under this Contract, on or at the Project site, and, in
case any of sublet Work, the Contractor shall require the subcontractor similarly to provide
workers' compensation insurance for all the latter's employees as prescribed by State law. Any
class of employee or employees not covered by a subcontractor's insurance shall be covered by
the Contractor's insurance. In case any class of employees engaged in work under this Contract,
on or at the Project site, is not protected under the Workers' Compensation Statutes, the
Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage
for the protection of such employees not otherwise protected. The Contractor is required to
secure payment of compensation to his employees in accordance with the provisions of Section
3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance
protecting workers. Company or companies providing insurance coverage shall be acceptable to
the City, if in the form and coverage as set forth in the Contract Documents.
ARTICLE 38. EMPLOYER'S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, Employer's Liability Insurance,
including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00)
per person per accident. Contractor shall provide City with a certificate of Employer's Liability
Insurance. Such insurance shall comply with the provisions of the Contract Documents. The
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56
policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer
Endorsement and contain a Waiver of Subrogation in favor of the City.
ARTICLE 39. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other
period as may be required herein, at its sole expense, Commercial General Liability
insurance coverage, including but not limited to,premises liability, contractual liability,
products/completed operations if applicable, personal and advertising injury— which may
arise from or out of Contractor's operations, use, and management of the Project site, or
the performance of its obligations hereunder. Policy limits shall not be less than
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required occurrence limit.
b. Such policy shall comply with all the requirements of this Article. The limits set forth
herein shall apply separately to each insured against whom claims are made or suits are
brought, except with respect to the limits of liability. Further the limits set forth herein
shall not be construed to relieve the Contractor from liability in excess of such coverage,
nor shall it limit Contractor's indemnification obligations to the City, and shall not
preclude the City from taking such other actions available to the City under other
provisions of the Contract Documents or law.
c. Contractor shall make certain that any and all subcontractors hired by Contractor are
insured in accordance with this Contract. If any subcontractor's coverage does not
comply with the foregoing provisions, Contractor shall indemnify and hold the City
harmless from any damage, loss, cost, or expense, including attorneys' fees, incurred by
the City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall
comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death,
property damage, personal injury, owned and non-owned equipment, blanket contractual
liability, completed operations liability, explosion, collapse, under-ground excavation,
removal of lateral support, and other covered loss, however occasioned, occurring during
the policy term, and shall specifically insure the performance by Contractor of that part of
the indemnification contained in these General Conditions, relating to liability for injury
to or death of persons and damage to property. If the coverage contains one or more
aggregate limits, a minimum of 50% of any such aggregate limit must remain available at
all times; if over 50% of any aggregate limit has been paid or reserved, the City may
require additional coverage to be purchased by Contractor to restore the required limits.
Contractor may combine primary, umbrella, and as broad as possible excess liability
coverage to achieve the total limits indicated above. Any umbrella or excess liability
policy shall include the additional insured endorsement described in the Contract
Documents.
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ARTICLE 40. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile
Liability Insurance in the amount of, at least, one million dollars ($1,000,000). Such insurance
shall provide coverage for bodily injury and property damage including coverage for non-owned
and hired vehicles, in a form and with insurance companies acceptable to the City. Such
insurance shall comply with the provisions of Article 30 below.
ARTICLE 41. BUILDER'S RISK ["ALL RISK"]
a. It is the Contractor's responsibility to maintain or cause to be maintained Builder's Risk [
"All Risk"] extended coverage insurance on all work, material, equipment, appliances,
tools, and structures which are a part of the Contract and subject to loss or damage by
fire, and vandalism and malicious mischief, in an amount to cover 100% of the
replacement cost. The City accepts no responsibility until the Contract is formally
accepted by the Governing Board for the work. The Contractor is required to file with the
City a certificate evidencing fire insurance coverage.
b. Provide insurance coverage on completed value form, all-risk or special causes of loss
coverage.
1) Insurance policies shall be so conditioned as to cover the performance of any
extra work performed under the Contract.
2) Coverage shall include all materials stored on site and in transit.
3) Coverage shall include Contractor's tools and equipment.
4) Insurance shall include boiler, machinery and material hoist coverage.
c. Such insurance shall comply with the provisions of the Contract Documents.
ARTICLE 42. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents
shall be admitted to and authorized to do business in the State of California unless
waived, in writing, by the City Risk Manager. Carrier(s) shall have an A.M. Best rating
of not less than an A:VIII. Insurance deductibles or self-insured retentions must be
declared by the Contractor, and such deductibles and retentions shall have the prior
written consent from the City. At the election of the City the Contractor shall either 1)
reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond
which guarantees payment of losses and related investigations, claims administration, and
defense costs and expenses.
b. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly
executed original Certificates(s) of Insurance and certified original copies of
Endorsements effecting coverage as required herein, or 2) if requested to do so in writing
by the City Risk Manager, provide original Certified copies of policies including all
GENERAL CONDITIONS
58
Endorsements and all attachments thereto, showing such insurance is in full force and
effect. The City, its Director's and officers, employees, agents or representatives are
named as Additional Insureds and Provide a Waiver of Subrogation in favor of those
parties. Further, said Certificates(s) and policies of insurance shall contain the covenant
of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be
given to the City prior to any material modification or cancellation of such insurance. In
the event of a material modification or cancellation of coverage, the City may terminate
or Stop Work pursuant to the Contract Documents, unless the City receives, prior to such
effective date, another properly executed original Certificate of Insurance and original
copies of endorsements or certified original policies, including all endorsements and
attachments thereto evidencing coverages set forth herein and the insurance required
herein is in full force and effect. Contractor shall not take possession, or use the Project
site, or commence operations under this Agreement until the City has been furnished
original Certificate(s) of Insurance and certified original copies of Endorsements or
policies of insurance including all Endorsements and any and all other attachments as
required in this Section. The original Endorsements for each policy and the Certificate of
Insurance shall be signed by an individual authorized by the insurance carrier to do so on
its behalf.
c. It is understood and agreed to by the parties hereto and the insurance company(s), that the
Certificate(s) of Insurance and policies shall so covenant and shall be construed as
primary, and the City's insurance and/or deductibles and/or self-insured retentions or
self-insured programs shall not be construed as contributory.
d. The City reserves the right to adjust the monetary limits of insurance coverage's during
the term of this Contract including any extension thereof-if in the City's reasonable
judgment, the amount or type of insurance carried by the Contractor becomes
inadequate.
e. Contractor shall pass down the insurance obligations contained herein to all tiers of sub-
contractors working under this Contract.
ARTICLE 43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10)
days of the date stated in the City's Notice to Proceed and shall be completed by
Contractor in the time specified in the Contract Documents. The City is under no
obligation to consider early completion of the Project; and the Contract completion date
shall not be amended by the City's receipt or acceptance of the Contractor's proposed
earlier completion date. Furthermore, Contractor shall not, under any circumstances,
receive additional compensation from the City (including but not limited to indirect,
general, administrative or other forms of overhead costs) for the period between the time
of earlier completion proposed by the Contractor and the Contract completion date. If
The Work is not completed as stated in the Contract Documents, it is understood that the
City will suffer damage. In accordance with Government Code section 53069.85, being
impractical and infeasible to determine the amount of actual damage, it is agreed that
Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the
GENERAL CONDITIONS
59
sum stipulated in the Contract for each day of delay until The Work is fully completed.
Contractor and its surety shall be liable for any liquidated damages. Any money due or
to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer's determination of what
constitutes inclement weather. Time extensions for inclement weather shall only be
granted when the Work stopped during inclement weather is on the critical path of the,
Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any
delays in completion of The Work due to unforeseeable causes beyond the control and
without the fault or negligence of Contractor (or its subcontractors or suppliers).
Contractor shall within five (5) Days of identifying any such delay notify the City in
writing of causes of delay. The City shall ascertain the facts and extent of delay and
grant extension of time for completing The Work when, in its judgment, the facts justify
such an extension. Time extensions to the Project shall be requested by the Contractor as
they occur and without delay. No delay claims shall be permitted unless the event or
occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. The City's liability to Contractor for delays for
which the City is responsible shall be limited to only an extension of time unless such
delays were unreasonable under the circumstances. In no case shall the City be liable for
any costs which are borne by the Contractor in the regular course of business, including,
but not limited to, home office overhead and other ongoing costs. Damages caused by
unreasonable City delay, including delays caused by items that are the responsibility of
the City pursuant to Government Code section 4215, shall be based on actual costs only,
no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 44. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete
breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments.
In order for the City to consider and evaluate each progress payment application, the
Contractor shall submit a detailed measurement of Work performed and a progress
estimate of the value thereof before the tenth (10th) Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual
quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following the City's Acceptance of the Work, the Contractor shall submit to the City a
written statement of the final quantities of unit price items for inclusion in the final
payment request.
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e. The City shall have the right to adjust any estimate of quantity and to subsequently
correct any error made in any estimate for payment.
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates
accurately reflect the Work on the Project.
ARTICLE 45. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in
advance of construction operations and not directly attributable to any specific bid item
will be included in the progress estimate ("Initial Mobilization"). When no bid item is
provided for"Initial Mobilization," payment for such costs will be deemed to be included
in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which
shall constitute full compensation for all such Work. No payment for Initial Mobilization
will be made until all of the listed items have been completed to the satisfaction of the
Engineer. The scope of the Work included under Initial Mobilization shall include, but
shall not be limited to, the following principal items:
1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project site of all Contractor's plant and equipment required for
first month's operations.
3. Installing temporary construction power, wiring, and lighting facilities.
•
4. Establishing fire protection system.
5. Developing and installing a construction water supply.
6. Providing and maintaining the field office trailers for the Contractor and the
Engineer, complete, with all specified furnishings and utility services including
telephones, telephone appurtenances, computer and printer, and copying machine.
7. Providing on-site communication facilities for the Owner and the Engineer,
including telephones, radio pagers, and fax machines.
8. Providing on-site sanitary facilities and potable water facilities as specified per
Cal-OSHA and these Contract Documents.
9. Furnishing, installing, and maintaining all storage buildings or sheds required for
temporary storage of products, equipment, or materials that have not yet been
installed in the Work. All such storage shall meet manufacturer's specified
storage requirements, and the specific provisions of the specifications, including
temperature and humidity control, if recommended by the manufacturer, and for
all security.
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10. Arranging for and erection of Contractor's work and storage yard.
11. Posting all OSHA required notices and establishment of safety programs per Cal-
OSHA.
12. Full-time presence of Contractor's superintendent at the job site as required
herein.
13. Submittal of Construction Schedule as required by the Contract Documents.
ARTICLE 46. PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and
properly submitted payment requests. Contractor shall be paid a sum equal to ninety
percent (90%) of the value of Work performed up to the last day of the previous month,
less the aggregate of previous payments.
b. The Contractor shall, after the full completion of The Work, submit a final payment
application. All prior progress estimates shall be subject to correction in the final
estimate and payment.
c. Unless otherwise required by law, the final payment of ten percent (10%) of the value of
the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of
recordation of the Notice of Completion.
d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective
work or improper materials, or to relieve the Contractor of its obligations under the
Contract Documents.
f. The Contractor shall submit with each payment request the Contractor's conditional
waiver of lien for the entire amount covered by such payment request, as well as a valid
unconditional waiver of lien from the Contractor and all subcontractors and materialmen
for all work and materials included in any prior invoices. Waivers of lien shall be in the
forms prescribed by California Civil Code Section 3262. Prior to final payment by the
City, the Contractor shall submit a final waiver of lien for the Contractor's work, together
with releases of lien from any subcontractor or materialmen.
ARTICLE 47. PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which the City may retain under other provisions of the Contract
Documents the City may withhold payments due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
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c. Failure of Contractor to make proper payments to its subcontractors or suppliers.
d. Completion of the Contract if there exists a reasonable doubt that the work can be
completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor.
g. Failure of Contractor to keep the record ("as-built") drawings up to date.
h. Failure to provide updates on the construction schedule.
i. Site clean up.
j. Failure of the Contractor to comply with requirements of the Contract Documents.
k. Liquated damages.
1. Legally permitted penalties.
Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs
charged to the Contractor, backcharges or payments withheld pursuant to the Contract
Documents.
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ARTICLE 48. CHANGES AND EXTRA WORK
a. Change Order Work.
1) The City, without invalidating the Contract, may order changes in the Work
consisting of additions, deletions or other revisions, the Contract amount and
Contract time being adjusted accordingly. All such changes in the Work shall be
authorized by Change Order, and shall be performed under the applicable
conditions of the Contract Documents. A Change Order signed by the Contractor
indicates the Contractor's agreement therewith, including any adjustment in the
Contract amount or the Contract time, and the full and final settlement of all costs
(direct, indirect and overhead) related to the Work authorized by the Change
Order.
2) All claims for additional compensation to the Contractor shall be presented in
writing before the expense is incurred and will be adjusted as provided herein.
No work shall be allowed to lag pending such adjustment, but shall be promptly
executed as directed, even if a dispute arises. No claim will be considered after
the work in question has been done unless a written contract change order has
been issued or a timely written notice of claim has been made by Contractor.
Contractor shall not be entitled to claim or bring suit for damages, whether for
loss of profits or otherwise, on account of any decrease or omission of any item or
portion of Work to be done. Whenever any change is made as provided for
herein, such change shall be considered and treated as though originally included
in the Contract, and shall be subject to all terms, conditions and provisions of the
original Contract.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal,
including any change in the Contract time, within seven (7) Days after receipt of a
scope of a proposed change order, unless the City requests that proposals be
submitted in less than seven (7) Days.
4) Contractor Initiated Change. The Contractor must give written notice of a
proposed change order required for compliance with the Contract Documents
within seven (7) Days of discovery of the facts giving rise to the proposed change
order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum
mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed
supporting documentation to permit verification by the City.
7) If the Contractor fails to submit the cost proposal within the seven (7) Day period
(or as requested), the City has the right to order the Contractor in writing to
commence the work immediately on a force account basis and/or issue a lump
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sum change to the contract price in accordance with the City's estimate of cost. If
the change is issued based on the City estimate, the Contractor will waive its right
to dispute the action unless within fifteen (15) Days following completion of the
added/deleted work, the Contractor presents written proof that the City's estimate
was in error.
8) Estimates for lump sum quotations 4nd accounting for cost-plus-percentage work
shall be limited to direct expenditures necessitated specifically by the subject
extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing
locally for each craft or type of worker at the time the extra work is done,
plus employer payments of payroll taxes and insurance, health and
welfare, pension, vacation, apprenticeship funds, and other direct costs
resulting from Federal, State or local laws, as well as assessment or
benefits required by lawful collective bargaining agreements. The use of a
labor classification which would increase the extra work cost will not be
permitted unless the contractor establishes the necessity for such
additional costs. Labor costs for equipment operators and helpers shall be
reported only when such costs are not included in the invoice for
equipment rental.
(b) Materials. The cost of materials reported shall be at invoice or lowest
current price at which such materials are locally available in the quantities
involved, plus sales tax, freight and delivery. Materials cost shall be based
upon supplier or manufacturer's invoice. If invoices or other satisfactory
evidence of cost are not furnished within fifteen (15) Days of delivery,
then the Engineer shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. No payment will be made for the use of small
tools, tools which have a replacement value of$1,000 or less. Regardless
of ownership, the rates to be used in determining equipment use costs shall
not exceed listed rates prevailing locally at equipment rental agencies, or
distributors, at the time the work is performed.
(d) Overhead, Profit and Other Charges. The mark-up for overhead
(including supervision) and profit on work added to the Contract shall be
according to the following:
i. "Net Cost" is defined as consisting of costs of labor, materials and
tools and equipment only excluding overhead and profit. The costs
of applicable insurance and bond premium will be reimbursed to
the Contractor and subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor's forces the added cost for
overhead and profit shall not exceed fifteen (15%) percent of the
Net Cost of the Work.
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iii. For Work performed by a subcontractor, the added cost for
overhead and profit shall not exceed fifteen (15%) percent of the
Net Cost of the Work to which the Contractor may add five (5%)
percent of the subcontractor's Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for
overhead and profit shall not exceed fifteen (15 %) percent of the ,
Net Cost for Work to which the subcontractor and general
contractor may each add an additional five (5 %) percent of the Net
Cost of the lower tier subcontractor.
iv. No additional mark up will be allowed for lower tier
subcontractors, and in no case shall the added cost for overhead
and profit payable by City exceed twenty-five (25%)percent of the
Net Cost as defined herein.
9) For added or deducted Work by subcontractors, the Contractor shall furnish to the
City the subcontractor's signed detailed estimate of the cost of labor, material and
equipment, including the subcontractor markup for overhead and profit. The
same requirement shall apply to sub-subcontractors.
10) For added or deducted work furnished by a vendor or supplier, the Contractor
shall furnish to the City a detailed estimate or quotation of the cost to the
Contractor, signed by such vendor or supplier.
11) Any change in The Work involving both additions and deletions shall indicate a
net total cost, including subcontracts and materials. Allowance for overhead and
profit, as specified herein, shall be applied if the net total cost is an extra;
overhead and profit allowances shall not be applied if the net total cost is a credit.
The estimated cost of deductions shall be based on labor and material prices on
the date the Contract was executed.
12) Contractor shall not reserve a right to assert impact costs, extended job site costs,
extended overhead, constructive acceleration and/or actual acceleration beyond
what is stated in the change order for work. No claims shall be allowed for
impact, extended overhead costs, constructive acceleration and/or actual
acceleration due to a multiplicity of changes and/or clarifications. The Contractor
may not change or modify the City's change order form in an attempt to reserve
additional rights.
13) If the City disagrees with the proposal submitted by Contractor, it will notify the
Contractor and the City will provide its opinion of the appropriate price and/or
time extension. If the Contractor agrees with the City, a change order will be
issued by the City. If no agreement can be reached, the City shall have the right
to issue a unilateral change order setting forth its determination of the reasonable
additions or savings in costs and time attributable to the extra or deleted work.
Such determination shall become final and binding if the Contractor fails to
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submit a claim in writing to the City within fifteen (15) Days of the issuance of
the unilateral change order, disputing the terms of the unilateral change order.
14) No dispute, disagreement or failure of the parties to reach agreement on the terms
of the change order shall relieve the Contractor from the obligation to proceed
with performance of the work, including extra work, promptly and expeditiously.
15) Any alterations, extensions of time, extra work or any other changes may be made
without securing consent of the Contractor's surety or sureties.
ARTICLE 49. OCCUPANCY
The City reserves the right to occupy or utilize any portion of The Work at any time before
completion, and such occupancy or use shall not constitute Acceptance of any part of Work
covered by this Contract. This use shall not relieve the Contractor of its responsibilities under
the Contract.
ARTICLE 50. INDEMNIFICATION
Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its
officials, officers, agents, employees, and representatives free and harmless from any and all
claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law
or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, to the extent arising out of or incident to any acts, omissions
or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and
contractors arising out of or in connection with the performance of the Work or this Contract,
including claims made by subcontractors for nonpayment; including without limitation the
payment of all consequential damages and attorneys fees and other related costs and expenses.
Contractor shall defend, at Contractor's own cost, expense and risk, with counsel of City's
choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that
may be brought or instituted against City, its officials, officers, agents, employees and
representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City, its officials, officers, employees, agents,
employees and representatives, in any such suit, action or other legal proceeding. Contractor
shall reimburse City, its officials, officers, agents, employees and representatives for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. The only limitations on this provision shall be those imposed by
Civil Code Section 2782.
ARTICLE 51. RECORD ("AS BUILT") DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred
to as "as-builts") and shall require each trade to prepare its own as-builts. The as-builts
must show the entire site for each major trade, including but not limited to water, sewer,
electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the
as-builts to show the actual installation where the installation varies from the Work as
originally shown. Contractor shall mark whichever drawings are most capable of
showing conditions fully and where shop drawings are used, Contractor must record a
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cross-reference at the corresponding location on the contract drawings. Contractor shall
give particular attention to concealed elements that would be difficult to measure and
record at a later date. Contractor shall use colors to distinguish variations in separate
categories of The Work.
b. Contractor shall note related change order numbers where applicable. Contractor shall
organize as-builts into manageable sets, bound with durable paper cover sheets aqd shall
print suitable title, dates and other identification on the cover of each set. Contractor to
also provide an electronic version of the as-builts. The suitability of the as-builts will be
determined by the Engineer.
ARTICLE 52. RESOLUTION OF CONSTRUCTION CLAIMS
a. In accordance with Public Contract Code Sections 20104 et seq. and other applicable law,
public works claims of$375,000 or less which arise between the Contractor and the City
shall be resolved under the following the statutory procedure unless the City has elected
to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
b. All Claims: All claims shall be submitted in writing and accompanied by substantiating
documentation. Claims must be filed on or before the date of final payment unless other
notice requirements are provided in the contract. "Claim" means a separate demand by
the claimant for (1) a time extension, (2) payment of money or damages arising from
work done by or on behalf of the claimant and payment of which is not otherwise
expressly provided for or the claimant is not otherwise entitled, or (3) an amount the
payment of which is disputed by the City.
c. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of
receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the
claim, any additional documentation supporting the claim or relating to defenses or
claims the City may have. If additional information is needed thereafter, it shall be
provided upon mutual agreement of the City and the claimant. The City's written
response shall be submitted 15 days after receiving the additional documentation, or
within the same period of time taken by the claimant to produce the additional
information, whichever is greater.
d. Claims over $50,000 but less than or equal to $375,000. The City shall respond in
writing within 60 days of receipt, or, may request in writing within 30 days of receipt of
the claim, any additional documents supporting the claim or relating to defenses or claims
the City may have against the claimant. If additional information is needed thereafter, it
shall be provided pursuant to mutual agreement between the City and the claimant. The
City's response shall be submitted within 30 days after receipt of the further documents,
or within the same period of time taken by the claimant to produce the additional
information or documents, whichever is greater. The Contractor shall make these records
and documents available at all reasonable times, without any direct charge.
e. The Contractor will submit the claim justification in the following format:
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1) Summary of claim merit and price, and Contract clause pursuant to which the
claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim
f. If the claimant disputes the City's response, or if the City fails to respond within the
statutory time period(s), the claimant may so notify the City within 15 days of the receipt
of the response or the failure to respond, and demand an informal conference to meet and
confer for settlement. Upon such demand, the City shall schedule a meet and confer
conference within 30 Days.
g. If following the meet and confer conference, the claim or any portion thereof remains in
dispute, the claimant may file a claim pursuant to Government Code 900 et seq. and
Government Code 910 et seq. For purposes of those provisions, the time within which a
claim must be filed shall be tolled from the time the claimant submits the written claim
until the time the claim is denied, including any time utilized for the meet and confer
conference.
h. Submission of a claim, properly certified, with all required supporting documentation,
and written rejection or denial of all or part of the claim by City, is a condition precedent
to any action, proceeding, litigation, suit, general conditions claim, or demand for
arbitration by Contractor.
ARTICLE 53. CITY'S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy,
serve written notice upon Contractor of its intention to terminate this Contract if the
Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such
diligence as will ensure its completion within the time required; (ii) fails to complete The
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Work within the required time; (iii) should file a bankruptcy petition or be adjudged a
bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v)
should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to
supply enough properly skilled workers or proper materials to complete the work; (vii)
should fail to make prompt payment to subcontractors or for material or labor; (viii)
persistently disregard laws, ordinances, other requirements or instructions of the City; or
(ix) should violate any of the provisions of the Contract Documents.
The notice of intent to terminate shall contain the reasons for such intention to terminate.
Unless within ten (10) Days after the service of such notice, such condition shall cease or
satisfactory arrangements (acceptable to the City) for the required correction are made,
this Contract shall be terminated. In such case, Contractor shall not be entitled to receive
any further payment until the Project has been finished. The City may take over and
complete The Work by any method it may deem appropriate. Contractor and its surety
shall be liable to the City for any excess costs or other damages incurred by the City to
complete the Project. If the City takes over The Work, the City may, without liability for
so doing, take possession of and utilize in completing The Work such materials,
appliances, plant, and other property belonging to the Contractor as may be on the Project
site.
b. Termination For Convenience: The City may terminate performance of The Work in
whole or, in part, if the City determines that a termination is in the City's interest.
The Contractor shall terminate all or any part of The Work upon delivery to the
Contractor of a Notice of Termination specifying that the termination is for the
convenience of the City, the extent of termination, and the effective date of such
termination.
After receipt of Notice of Termination, and except as directed by the City, the Contractor
shall, regardless of any delay in determining or adjusting any amounts due under this
Termination for Convenience clause, immediately proceed with the following
obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least
cost/shortest time manner while still maintaining the quality called for
under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon
which the facility (or facilities) forming the basis of the Contract
Documents is situated in a safe and sanitary manner such that it does not
pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they relate to the portions of
The Work terminated.
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5) Place no further subcontracts or orders, except as necessary to complete
the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the
Notice of Termination, all of the documentation called for by the Contract
Documents to substantiate all costs incurred by the Contractor for labor,
materials and equipment through the Effective Date of the Notice of
Termination. Any documentation substantiating costs incurred by the
Contractor solely as a result of the City's exercise of its right to terminate
this Contract pursuant to this clause, which costs the Contractor is
authorized under the Contract Documents to incur, shall: (i) be submitted
to and received by the City no later than thirty (30) Days after the
Effective Date of the Notice of Termination; (ii) describe the costs
incurred with particularity; and (iii) be conspicuously identified as
"Termination Costs Occasioned by the City's Termination for
Convenience."
7) These provisions are in addition to and not in limitation of any other rights
or remedies available to the City.
c. Notwithstanding any other provision of this Article, when immediate action is necessary
to protect life and safety or to reduce significant exposure or liability, the City may
immediately order Contractor to cease Work on the Project until such safety or liability
issues are addressed to the satisfaction of the City or the Contract is terminated.
ARTICLE 54. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall
be new unless otherwise specified in the Contract Documents; and that all Work
conforms to the Contract Document requirements and is free of any defect whether
performed by the Contractor or any subcontractor or supplier.
b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of
Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real
or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final
Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days
after being notified commence and perform with due diligence all necessary Work. If the
Contractor fails to promptly remedy any defect, or damage; the county shall have the
right to replace, repair, or otherwise remedy the defect, or damage at the Contractor's
expense.
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f. In the event of any emergency constituting an immediate hazard to health, safety,
property, or licensees, when caused by Work of the Contractor not in accordance with the
Contract requirements, the City may undertake at Contractor's expense, and without
prior notice, all Work necessary to correct such condition.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or
suppliers for Work performed and Materials furnished under this Contract, the Contractor
shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of the City; and
3) Enforce all warranties for the benefit of the City, unless otherwise directed in
writing by the City.
This Article shall not limit the City's rights under this Contract or with respect to latent defects,
gross mistakes, or fraud. The City specifically reserves all rights related to defective work,
including but not limited to the defect claims pursuant to California Code of Civil Procedure
Section 337.15.
ARTICLE 55. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code Section 8546.7, records of both the City and the
Contractor shall be subject to examination and audit by the State Auditor General for a
period of three (3) years after final payment.
•
b. Contractor shall make available to the City any of the Contractor's other documents
related to the Project immediately upon request of the City.
c. In addition to the State Auditor rights above, the City shall have the right to examine and
audit all books, estimates, records, contracts, documents, bid documents, subcontracts,
and other data of the Contractor (including computations and projections) related to
negotiating, pricing, or performing the modification in order to evaluate the accuracy and
completeness of the cost or pricing data at no additional cost to the City, for a period of
four(4) years after final payment.
ARTICLE 56. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part
of the Contract Documents. Any information obtained from such report as to subsurface soil
condition, or to elevations of existing grades or elevations of underlying rock, is approximate
only and is not guaranteed. Contractor acknowledges that any soils investigation report
(including any borings) was prepared for purposes of design only and Contractor is required to
examine the site before submitting its bid and must make whatever tests it deems appropriate to
determine the underground condition of the soil.
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ARTICLE 57. SEPARATE CONTRACTS
a. The City reserves the right to let other contracts in connection with this Work or on the
Project site. Contractor shall permit other contractors reasonable access and storage of
their materials and execution of their work and shall properly connect and coordinate its
Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect
work already in place and shall at once report to the Engineer any problems with the
work in place or discrepancies with the Contract Documents.
c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of
any other contracts that have been or may be awarded by the City in prosecution of the
Project to the end that Contractor may perform this Contract in the light of such other
contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor
exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary
hindrance or delay to any other contractor working on the Project. If simultaneous
execution of any contract for the Project is likely to cause interference with performance
of some other contract or contracts, the Engineer shall decide which Contractor shall
cease Work temporarily and which contractor shall continue or whether work can be
coordinated so that contractors may proceed simultaneously. The City shall not be
responsible for any damages suffered or for extra costs incurred by Contractor resulting
directly or indirectly from award, performance, or attempted performance of any other
contract or contracts on the Project site.
ARTICLE 58. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party
as designated in the Bid Forms. Written notice to the Contractor shall be addressed to
Contractor's principal place of business unless Contractor designates another address in writing
for service of notice. Notice to City shall be addressed to the City as designated in the Notice
Inviting Bids unless City designates another address in writing for service of notice. Notice shall
be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier.
Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving
party.
ARTICLE 59. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, the City shall provide Contractor with timely
notification of the receipt of any third-party claim relating to the Contract.
ARTICLE 60. STATE LICENSE BOARD NOTICE.
Contractors are required by law to be licensed and regulated by the Contractors' State License
Board which has jurisdiction to investigate complaints against contractors if a complaint
regarding a patent act or omission is filed within four (4) years of the date of the alleged
violation. A complaint regarding a latent act or omission pertaining to structural defects must be
filed within ten (10) years of the date of the alleged violation. Any questions concerning a
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contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000,
Sacramento, California 95826.
ARTICLE 61. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by
any party or person shall affect or modify any of the terms or obligations contained in the
Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the
entire agreement of the City and Contractor.
ARTICLE 62. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any
part thereof including any claims, without prior written consent of the City. Any assignment
without the written consent of the City shall be void. Any assignment of money due or to
become due under this Contract shall be subject to a prior lien for services rendered or Material
supplied for performance of Work called for under the Contract Documents in favor of all
persons, firms, or corporations rendering such services or supplying such Materials to the extent
that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government
Code.
ARTICLE 63. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL
ENTITY
Should a change be contemplated in the name or nature of the Contractor's legal entity, the
Contractor shall first notify the City in order that proper steps may be taken to have the change
reflected on the Contract.
ARTICLE 64. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract
or subcontract to supply goods, services, or materials pursuant to a public works contract,
Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15)
or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7
of the Business and Professions Code), arising from the purchase of goods, services, or materials
pursuant to this Contract or any subcontract. This assignment shall be made and become
effective at the time the City makes final payment to the Contractor, without further
acknowledgment by the parties.
ARTICLE 65. PROHIBITED INTERESTS/CONFLICT OF INTEREST
No City official or representative who is authorized in such capacity and on behalf of the City to
negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising,
making, accepting or approving any engineering, inspection, construction or material supply
contract or any subcontract in connection with construction of the project, shall be or become
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directly or indirectly interested financially in the Contract. In the procurement of supplies,
equipment, construction, and services by subrecipients, the conflict of interest provisions in 24
CFR 85.36, OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee,
officer or agent of the subrecipient shall participate in selection, or in the award or administration
of a contract supported by Federal funds if a conflict of interest, real or apparent, would be
involved.
ARTICLE 66. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on conduct of work as indicated and specified. If Contractor observes
that drawings and specifications are at variance therewith, he shall promptly notify the
Engineer in writing and any necessary changes shall be adjusted as provided for in this
Contract for changes in work. If Contractor performs any work knowing it to be contrary
to such laws, ordinances, rules and regulations, and without such notice to the Engineer,
he shall bear all costs arising therefrom.
b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act
("ADA") (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with
ADA regulations.
ARTICLE 67. PATENT FEES OR ROYALTIES.
The Contractor shall include in its bid amount the patent fees or royalties on any patented article
or process furnished or used in the Work. Contractor shall assume all liability and responsibility
arising from the use of any patented, or allegedly patented, materials, equipment, devices or
processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless
the City, its officials, officers, agents, employees and representatives from and against any and
all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or
nature, arising from such use.
ARTICLE 68. OWNERSHIP OF DRAWING
All Contract Documents furnished by the City are City property. They are not to be used by
Contractor or any subcontractor on other work nor shall Contractor claim any right to such
documents. With exception of one complete set of Contract Documents, all documents shall be
returned to the City on request at completion of The Work.
ARTICLE 69. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may
create a possessory interest subject to personal property taxation for which Contractor will be
responsible.
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SPECIAL CONDITIONS
The City has not made findings pursuant to Public Contract Code Section 3400(b)
regarding the use of specific materials, products, things, and/or services that must be
utilized for the Project.
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TECHNICAL SPECIFICATIONS
Project Scope:
Area# 1 Project will consist of the complete installation of(1) 4 post picnic shelter 20' x 24' x
9' square tube style shelter with hip and ridge roof with eves and vertical ribbed sheet metal roof,
manufactured by Americana or equivalent. Installation will include footings with reinforcement
per manufactures stamped plans and concrete slab with 5' walkway to play area. Contractor will
be responsible for demolition of existing turf area, grade, fill with crusher base and form for
concrete slabs (26' x 22' x 4"), digging of footings, stub out for future electrical, pour and finish
slab for shelter. Additional 10' x 22'x 4" slab will be required to accommodate BB-Q and
serving table. Equivalent must be submitted (7) days prior to bid opening.
Area#2 Additional concrete slab (31' x 55' x 4") will be poured under existing shelter with a
poured in place concrete bench 18" x 19" x 54' and (6) concrete pilasters 24"x 24" x 12"high
around existing shelter post. Shelter is located inside fenced pool area. Contractor will be
responsible for demolition of existing turf, grading, stub out for future electrical, filling with
crusher base and compaction to 90%, forming, pouring and finishing of slab.
Contractor will also be responsible for all permits and any special inspection or inspector costs.
Vendor and contractor must provide all necessary materials, labor and equipment to successfully
complete shelter and concrete installation. Contractor must comply with all City of Azusa's
Building codes and standard specification for public works construction.
Requirements:
• Shelter vendor must provide a written letter from manufacturer, stating that this picnic
shelter is specifically for Slauson Park Shelter Improvements Project #D61332 located in
the City of Azusa. This letter must show that this manufacturer is a LA Certified shop or
equivalent and provide names and a copy for all welders working on this shelter. Welders
must be L.A. certified or equivalent.
• Shelter vendor/contractor must supply all certificates on all bolts, anchor bolts and
reinforcement bars.
• Vendor/contractor must provide (3) sets of drawing (8-1/2 x 17) on project and must
include footing design and all necessary wind and load calculation. Drawing must be
stamped and signed by a California Architect and Engineer.
• Footings must have reinforcement cages within each footing. (Minimum #4
reinforcement bar).
• Contractor will be responsible for stubbing out (1) 3/"rigid conduit at corners of both
new and existing shelters. (location to be determined)
• Concrete mix design must be minimum 2,500 P.S.I. and provide all load ticket from
concrete company.
• A soils report stamped by a soils engineer must be provided and all costs of report and
inspection by soil engineer will be the responsibility of the contractor.
• Contractor will be required to pull all permit and business licenses. Costs will be the
responsibility of the contractor.
TECHNICAL SPECIFICATIONS
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Special Requirements
• Contractor must work closely with City of Azusa's Parks Division, for installation of 4
concrete picnic tables and benches.
Demolition:
• Area# 1 and # 2 Removal of approximately 2,500 square feet of turf and dispose of in a
suitable dump site.
Installation:
Area# 1
• Dig footings and place reinforcement cages as per stamped plan.
• Stub out %"conduit for future electrical at corner of shelter. Conduit must be galvanized
12" above ground and 12"below ground. All conduit must be rapped were conduit is in
contact with concrete.
• Pour concrete slab (36' x 22') and walkway approximately 5' x 20' and finish with a
medium broom. Expansion joints shall be no further than 8' apart. Joint to be 1/2"radius.
• Install (1) new (4) post picnic shelter 20' x 24' x 9' square tube style shelter with hip and
ridge roof with eves and vertical ribbed sheet metal roof. Color must match existing
shelters on site. Contractor must submit color for approval.
Area#2
• Stub out 3/"conduit for future electrical at corner of shelter. Conduit must be galvanized
12" above ground and 12"below ground. All conduit must be rapped were conduit is in
contact with concrete.
• Pour concrete slab (55' x 31') and finish with a medium broom. Expansion joints shall be
no further than 8' apart. Expansion Joints to be 1/2"radius.
• Install a poured in place concrete bench 18"wide x 19" high, on west side of slab as per
drawing and specification sheet.
• Install (6) poured in place concrete pilaster 24" x 24" X 12"high around each post of
existing shelter.
TECHNICAL SPECIFICATIONS
78
PLANS AND DRAWINGS
PLANS AND DRAWINGS
79
GENERAL CONDITIONS
TABLE OF CONTENTS
Page No.
ARTICLE 1. DEFINITIONS 39
ARTICLE 2. CONTRACT DOCUMENTS 40
ARTICLE 3. CONTRACTS DOCUMENTS: COPIES &MAINTENANCE 41
ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS 41
ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE 42
ARTICLE 6. SCHEDULE 42
ARTICLE 7. SUBSTITUTIONS 43
ARTICLE 8. SHOP DRAWINGS 44
ARTICLE 9. SUBMITTALS 45
ARTICLE 10. MATERIALS 45
ARTICLE 11. CONTRACTOR'S SUPERVISION 45
ARTICLE 12. WORKERS 46
ARTICLE 13. SUBCONTRACTORS 46
ARTICLE 14. PERMITS AND LICENSES 46
ARTICLE 15. UTILITY USAGE 47
ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES 47
ARTICLE 17. TRENCHES 47
ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS 48
ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS 48
ARTICLE 20. SANITARY FACILITIES 48
ARTICLE 21. AIR POLLUTION CONTROL 49
ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT 49
ARTICLE 23. CLEANING UP 50
ARTICLE 24. LAYOUT AND FIELD ENGINEERING 50
ARTICLE 25. EXCESSIVE NOISE 50
ARTICLE 26. TESTS AND INSPECTIONS 51
ARTICLE 27. PROTECTION OF WORK AND PROPERTY 51
ARTICLE 28. CONTRACTORS MEANS AND METHODS 53
ARTICLE 29. INSPECTOR'S FIELD OFFICE 53
ARTICLE 30. AUTHORIZED REPRESENTATIVES 53
ARTICLE 31. HOURS OF WORK 54
ARTICLE 32. PAYROLL RECORDS 54
ARTICLE 33. PREVAILING RATES OF WAGES 55
ARTICLE 34. EMPLOYMENT OF APPRENTICES 56
ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 56
ARTICLE 36. LABOR/EMPLOYMENT SAFETY 56
ARTICLE 37. WORKERS' COMPENSATION INSURANCE 56
ARTICLE 38. EMPLOYER'S LIABILITY INSURANCE 56
ARTICLE 39. COMMERCIAL GENERAL LIABILITY INSURANCE 57
ARTICLE 40. AUTOMOBILE LIABILITY INSURANCE 58
ARTICLE 41. BUILDER'S RISK ["ALL RISK"] 58
ARTICLE 42. FORM AND PROOF OF CARRIAGE OF INSURANCE 58
ARTICLE 43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 59
ARTICLE 44. COST BREAKDOWN AND PERIODIC ESTIMATES 60
ARTICLE 45. MOBILIZATION 61
GENERAL CONDITIONS
-i-
GENERAL CONDITIONS
TABLE OF CONTENTS
Page No.
ARTICLE 46. PAYMENTS 62
ARTICLE 47. PAYMENTS WITHHELD AND BACKCHARGES 62
ARTICLE 48. CHANGES AND EXTRA WORK 64
ARTICLE 49. OCCUPANCY 67
ARTICLE 50. INDEMNIFICATION 67
ARTICLE 51. RECORD ("AS BUILT") DRAWINGS 67
ARTICLE 52. RESOLUTION OF CONSTRUCTION CLAIMS 68
ARTICLE 53. CITY'S RIGHT TO TERMINATE CONTRACT 69
ARTICLE 54. WARRANTY AND GUARANTEE 71
ARTICLE 55. DOCUMENT RETENTION & EXAMINATION 72
ARTICLE 56. SOILS INVESTIGATIONS 72
ARTICLE 57. SEPARATE CONTRACTS 73
ARTICLE 58. NOTICE AND SERVICE THEREOF 73
ARTICLE 59. NOTICE OF THIRD PARTY CLAIMS 73
ARTICLE 60. STATE LICENSE BOARD NOTICE. 73
ARTICLE 61. INTEGRATION 74
ARTICLE 62. ASSIGNMENT 74
ARTICLE 63. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL
ENTITY 74
ARTICLE 64. ASSIGNMENT OF ANTITRUST ACTIONS 74
ARTICLE 65. PROHIBITED INTERESTS 74
ARTICLE 66. LAWS AND REGULATIONS 75
ARTICLE 67. PATENT FEES OR ROYALTIES. 75
ARTICLE 68. OWNERSHIP OF DRAWING 75
ARTICLE 69. NOTICE OF TAXABLE POSSESSORY INTEREST 75
ORANGE\C H ERM O S I LLO\44 620.I
GENERAL CONDITIONS
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER Al
DATE: SEPTEMBER 20, 2010
SUBJECT: PURCHASE OF FOUR FORD POLICE INTERCEPTOR VEHICLES AND
DONATION OF FOUR SURPLUS POLICE CARS TO RIO HONDO COLLEGE
POLICE ACADEMY
RECOMMENDATIONS
It is recommended that the City Council approve the purchase of four 2010 Ford Police
Interceptor vehicles from Wondries Fleet Group, 1247 W. Main Street, P.O. Box 3850
Alhambra, CA 91801 in an amount not to exceed $97,229.60. It is further recommended that
City Council approve the purchase of these vehicles based on the competitive bid process
completed by the County of Los Angeles as authorized under AMC Section 2-523 (e), from
which they ordered Ford Police Interceptor vehicles, Order #RFB-IS-10200567. Moreover, it is
recommended that the City Council authorize the donation of the four surplus police cars to Rio
Hondo College Police Academy.
BACKGROUND
Each year the Police Department budgets to replace high mileage patrol vehicles. This fleet
rotation involves replacing one fourth of the fleet to reduce the annual capital outlay for patrol
vehicles while providing safe, reliable and up-to-date equipment for patrol officers and other
public safety personnel. Not only do these high mileage vehicles become expensive to maintain,
but they compromise officer and public safety when used for daily patrol. Several police vehicles
are beyond their warranties and are in need of retirement from patrol deployment.
All four of the new vehicles will be used as marked black and white patrol units. The County of
Los Angeles Purchase Order was granted at a base price not including tax and tire fees of
1
$22,140.00 per car, which includes driver and front passenger side-impact airbags. The total cost
for the four marked black and white units inclusive of tax and tire fees is $97,229.60.
The Dean of the Rio Hondo College Police Academy submitted the attached letter to Police
Chief Robert Garcia requesting the donation of four surplus police cars to be used in their police
academy driver's training and scenario training programs for recruit police officers. The City of
Azusa would also benefit from this donation since the Police Department uses their academy for
training purposes. The emergency equipment on these four surplus police cars would be removed
prior to donation and reused on the new Ford Interceptors. City Buyer Tony Garcia was
consulted and also supports the donation since surplus police cars yield a low sales price at
auction (e.g. approximately $1,000 each).
FISCAL IMPACT
There are adequate funds available for this purchase using the 2010/11 Police Equipment
Replacement Fund account #46-20-310-000-7135 for the four marked black and white patrol
cars.
Prepared by:
Sam Jauregui, Jail, Fleet and Facilities Coordinator
Sam Gonzalez, Captain
2
LOS ANGELES COUNTY POLICE CHIEFS' ASSOCIATION
,9geles Co AND R 1 O
ys �� HONDO
,v RIO HONDO COLLEGE COLLEGE
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"A Partnership in Public Safety"
September 2, 2010
Bob Garcia, Chief of Police
Azusa Police Department
Dear Chief Garcia:
This letter is my formal request for the Azusa City Council to donate four (4) surplus
Crown Victoria Police Car's to assist our Police Academy train the future law
enforcement officers of our communities.
As you know the Department of Public Service at Rio Hondo College oversees two year
college degree programs in the Administration of Justice, Corrections and Fire
Technology. We also oversee vocational training programs at our Police Academy, Fire
Academy, Forensic Identification Program and Emergency Medical Technician (EMT)
Program.
The Police Academy provides four basic police training classes each year, one
extended basic Police Academy class and a series of ongoing advanced police officer
training courses to over 89 Federal, State, County and Municipal Law Enforcement
Agencies from Los Angeles, Ventura, San Bernardino and Orange Counties.
The vehicle's you donate will be used in our Police Academy Driver Training and
Scenario Training program's for recruit police officers.
Thank you and your City Council for the continued support of our Police Academy
program.
Sincerely,
Joseph A. Santoro, Dean
RIO HONDO COMMUNITY COLLEGE DISTRICT,3600 WORKMAN MILL ROAD WHITTIER,CALIFORNIA 90601-1699
VOICE 562/692-0921 FAX 562/699-7386
Administration of Justice, Fire Science,
Corrections, Forensics, Homeland
Security, EMT, Police,Fire and
Wildland Academy Programs
Tel:562-692-0921 Ex.3454
Email:jsantoro@riohondo.edu
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F. M DELACH, CITY MANAGER AdItY.-%'
DATE: SEPTEMBER 20, 2010
SUBJECT: RE-APPOINTMENT OF MAYOR JOSEPH ROCHA, AS AZUSA'S REPRESENTATIVE ON
THE SAN GABRIEL VALLEY MOSQUITO & VECTOR CONTROL DISTRICT BOARD OF
TRUSTEES.
RECOMMENDATION
It is recommended that City Council re-appoint Mayor, Joseph Rocha, as Azusa's representative on the San
Gabriel Valley Mosquito & Vector Control Board of Trustees for a two-year term.
BACKGROUND
Azusa's current representative on the San Gabriel Valley Mosquito & Vector Control Board of Trustees is Mayor ,
Joseph Rocha. Mayor Rocha's term on the Board of Trustees is set to expire on December 31 , 2010. Appointees
may serve either a two or four-year term on the Board.
Mayor Rocha desires re-appointment to represent Azusa on the San Gabriel Valley Mosquito & Vector Control
Board of Trustees for a two-year term.
FISCAL IMPACT
There is no fiscal impact to the City of Azusa Budget related to this action. The San Gabriel Valley Mosquito &
Vector Control District is a "Special District" deriving revenues for its operations from property taxes within the
District's jurisdiction.
SAN GABRIEL VALLEY
San Gabriel Valley MOSQUITO & VECTOR CONTROL DISTRICT
Mosquito&Vector 1145 N.Azusa Canyon Road
Control[restrict West Covina, California 91790
(626) 814-9466 a FAX (626)337-5686
email: district(asgvmosqui.to.org
Steve West
District Manager Kenn K.Fujioka,Ph.D.
Assistant Manager
Cities of August 31, 2010
Alhambra
Arcadia Francis Delach, City Manager
City of Azusa
Azusa 213 E. Foothill Blvd.
Azusa,California 91702
Bradburn
Dear Mr. Delach:
Claremont
Covina The term of office for Joseph Rocha,the representative from the City of Azusa to the Board of
Trustees for the San Gabriel Valley Mosquito and Vector Control District ends on December
Duarte 31,2010. The Board of Trustees respectfully requests that the City Council appoint a
representative to the Board of Trustees prior to its January 8, 2011 meeting.
El Monte
Your City Council may choose someone other than a Councilmember so long as that
Glendora individual is a voter in that city and a resident of that portion of the city that is within the
District.
Industry
Per the California Health and Safety Code Section 2024(a) the term of office for a member of
Irwindale the board of trustees shall be for a term of two or'bur years, at the discretion of the
La Puente appointing authority.
La Verne Please notify this District of the City Council's action by forwarding a copy of documentation
certifying the City Council's action.
Monrovia
It is the policy of this Board of Trustees to notify each appointing authority of the District's
Monterey Park Nepotism Policy which prohibits the appointment of a person to a position if that person is a
member of the immediate family of a current Trustee or any current employee. Immediate
Pomona family is defined in the policy as a"spouse, stepfather, sister-in-law, brother-in-law, daughter-
Rosemead in-law and stepson." A list of employee names will be submitted upon request. Although
your City Council may appoint any qualified person irrespective of the policy,the Board
San Dimas requests you consider it in making your decision.
San Gabriel If you have questions or need additional information,please do no hesitate to contact me at
(626) 814-9466.
Sierra Madre
Sincerely,
Temple City
WalnutOP'
i 41,0
West Covina t}
county of Steve West
Los Angeles District Manager
Cc: Mayor Joseph Rocha
SGVMVCD Board of Trustees Officers
Trustee Joseph Rocha
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i#1111
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY
VIA: F.M. DELACH, CITY MANAGER,, 'iA0
DATE: SEPTEMBER 20, 2010
SUBJECT: ANNUAL SUNGARD BI-TECH SOFTWARE SUPPORT AND
MAINTENANCE AGREEMENT
RECOMMENDATION
1. It is recommended that the City Council waive formal sealed bids in accordance with
Azusa Municipal Code Section 2-523 section B, computer software maintenance services
and 2-523 section C, no competitive market.
2. It is recommended that the City Council approve the software maintenance and support
agreement from Sungard Bi-Tech Inc, in the amount of$48,294.78.
BACKGROUND
The City currently uses Bi-Tech Software for their financial system. The city needs to
retain software support from the vendor in order to provide for remote technical support
and helpdesk availability, limit any potential down time, and for annual product
enhancements to this software.
FISCAL IMPACT
Funding for annual ongoing support is budgeted in the 2010-2011 Information
Technology Department operating budget in accounts 48-49-930-000-6415 and
48-49-942-000-6415.
SARI''PUBU.UC SECTOR Customer Statement
1000 Business Center Drive Date: 8/9/2010
Lake Mary, FL 32746 Account No.: 5888LG
800-727-8088
www.sungardps.com
Bill To: City of Azusa
P.O. Box 1395
AZUSA, CA 91702-1395
Attn: Accounts Payable
Transaction Dt. Invoice No. Terms Due Date Charges Payments Balance
f 07/30/2010 f 24033 NET30 108/29/2010 $48,294.781 $0.001 $48,294.78
Statement Balance: $48,294.78
Remit Payment To:
SunGard Public Sector Inc.
Bank of America
12709 Collection Center Dr
Chicago, IL 60693
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iAZUSAI
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, ASSISTANT CITY MANAGER/DIRECTOR OF PUBLIC WORKS
VIA: F. M. DELACH, CITY MANAGER AZ
DATE: SEPTEMBER 20, 2010
SUBJECT: APPROVAL OF A RESOLUTION CONSENTING TO THE ESTABLISHMENT
OF ALOSTA AVENUE BRIDGE OVER LITTLE DALTON WASH AS PART
OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES.
RECOMMENDATION
It is recommended that the City Council approve the resolution consenting to the establishment
of the Alosta Avenue Bridge over Little Dalton wash as part of the system of highways of the
County of Los Angeles to allow the construction work for the installation of two new pedestrian
bridges on Alosta Avenue at Little Dalton Wash.
BACKGROUND
On July 19, 2010 the City Council approved a cooperation and reimbursement agreement with
the County of Los Angeles for the installation of two new pedestrian bridges on Alosta Avenue
at Little Dalton Wash. The Board of Supervisors of the County of Los Angeles approved the
same cooperation and reimbursement agreement on August 31st, 2010. Further, the Board of
Supervisors of the County of Los Angeles approved a resolution declaring Alosta Avenue bridge
over Little Dalton, which is within the City of Azusa, to be a part of the County system of
Highways and contribution of highways-through-cities funds to fund the project. As a follow up
to the County's actions, the City of Azusa needs to approve the resolution consenting to the
establishment of Alosta Avenue Bridge over Little Dalton Wash as part of the system of
highways of the County of Los Angeles to complete the formalities of the project.
FISCAL IMPACT:
There is no fiscal impact with approving this resolution. The project is listed in the approved FY
2010-2011 CDBG Projects in an amount of$125,000. Funding for the right of way acquisition
costs of$1,250 from Measure R funds.
Attached: Resolution
-1-
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, CONSENTING TO THE
ESTABLISHMENT OF ALOSTA AVENUE BRIDGE OVER LITTLE
DALTON WASH, WITHIN SAID CITY,AS PART OF THE SYSTEM OF
HIGHWAYS OF THE COUNTY OF LOS ANGELES
WHEREAS, the County of Los Angeles Board of Supervisors on August 31St, 2010, duly
adopted a resolution declaring Alosta Avenue Bridge over Little Dalton Wash, which is within
the City of Azusa, to be a part of the County System of Highways for the purpose of construction
of sidewalk improvements on both sides of Alosta Avenue, as provided in Sections 1700 to 1702
inclusive of the Streets and Highways Code of the State of California; and
WHEREAS, said Board of Supervisors by said resolution requested this Council to give
its consent to allow the County to perform sidewalk improvement work at Alosta Avenue Bridge
over Little Dalton Wash (Road Work), within the City of Azusa; and
WHEREAS, it is the intent of the County of Los Angeles Board of Supervisors to
perform the Road Work, provided the consent of the governing body of the City of Azusa shall
first be given under the terms herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. This City Council does hereby consent to include Alosta Avenue Bridge
over Little Dalton Wash as part of the System of Highways of the County of Los Angeles as
provided in the Sections 1700 to 1704 inclusive of the Streets and Highways Code of the State of
California, for the limited purpose of construction of sidewalk improvements on both sides of
Alosta Avenue, at this location.
SECTION 2. That the City of Azusa shall fully indemnify, defend, and hold the County
of Los Angeles harmless in connection with any and all claims, liability, injury (as defined by
Government Code Section 810.8), or damage relating to Alosta Avenue Bridge over Little
Dalton Wash that is not caused by the County of Los Angeles' Road Work.
SECTION 3. The City of Azusa will remain the owner of Alosta Avenue Bridge over
Little Dalton Wash and remain responsible for all roadway maintenance activities on Alosta
Avenue Bridge over Little Dalton Wash prior to the start of construction by the County of Los
Angeles or following the completion and field acceptance of said construction. Following
completion of construction and County of Los Angeles' field acceptance of the Road Work, the
City of Azusa accepts ownership and full responsibility for all roadway maintenance, including
relating to the Road Work.
Page 1 of 2
SECTION 4. The City of Azusa does hereby consent to adopt and concurs with the
environmental findings pursuant to the California Environmental Quality Act that has been
adopted by the County of Los Angeles in connection with the Road Work.
SECTION 5. The County of Los Angeles will assign to the City of Azusa all of its right,
title, and interest to any unlapsed portion of a one-year warranty granted to the County of Los
Angeles by the construction contractor performing the Road Work following completion of
construction of the Road Work and field acceptance of said construction by the County of Los
Angeles. The City of Azusa agrees to accept said assignment as its sole remedy against the
County of Los Angeles in connection with defects relating to said Road Work.
SECTION 6. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 20th day of September, 2010.
By:
Joseph R. Rocha, Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of
the City of Azusa at a regular meeting held on the 20t" day of September, 2010, by the following
vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Vera Mendoza, City Clerk
Page 2 of 2
42) IP sof
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kAz.us
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR
VIA: F.M. DELACH, CITY MANAGER*
DATE: SEPTEMBER 20, 2010
SUBJECT: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, TO ENTER INTO A MASTER AGREEMENT AND
PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR SAFE ROUTES
TO SCHOOL PROJECT NO. SRTSL-5112(011)
RECOMMENDATION
It is recommended that the City Council approve the attached resolution authorizing the City Manager to
enter into a Master Agreement and Program Supplement Agreement with the California Department of
Transportation(Caltrans) for the receipt of federal transportation funds for current and future projects.
BACKGROUND
The federal Safe Routes to School (SRTS) program awarded $46 million in projects for Cycle 2. The
Public Works Department applied for grant funds and will receive $102,720 of federal Safe Routes to
School (SRTS) funds. The project for the grant application was entitled "Azusa Schools TLC Program."
A portion of the referenced project is the street segment of Cerritos Avenue and the intersection of
Cerritos Avenue and Fifth Street where street and ADA improvements are proposed. Public Works met
with the Azusa Unified School District staff to review the design and formulate improvements.
Improvements shall include; narrowing the east side of Cerritos Avenue to restrict areas of double
parking and student drop offs, construct new ADA ramps, re-stripe the intersection and potentially
construct a median with a short fence that will preclude pedestrians from crossing the street at the mid-
block. The preliminary schedule is for construction during the summer of 2011. However, because we
have to work with Caltrans, there may be some delays that could push construction to a later date.
FISCAL IMPACT
There is no fiscal impact associated with approving the resolution.
Attachment: Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, TO ENTER INTO A MASTER AGREEMENT AND
PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR
SAFE ROUTES TO SCHOOL PROJECT NO. SRTSL-5112(011)
WHEREAS, the City of Azusa is eligible to receive Federal and/or State funding
for certain Transportation Projects, through the California Department of Transportation
(Caltrans); and,
WHEREAS, Master Agreements, Program Supplement Agreements, Fund
Exchange Agreements, and/or Fund Transfer Agreements need to be executed with
Caltrans before such funds could be claimed; and,
WHEREAS, the City of Azusa wishes to delegate authorization to execute these
agreements and any amendments thereto to the City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Azusa hereby authorizes the City Manager to enter into
Master Agreements, Program Supplement Agreements, Fund Exchange Agreements,
and/or Fund Transfer Agreements with Caltrans.
SECTION 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 20th day of September, 2010.
By:
Joseph R. Rocha, Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Azusa at a regular meeting held on the 20th day of September,
2010, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Vera Mendoza, City Clerk
or m �2
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F1_
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NANCY JOHNSON LIBRARY DIRECTOR
JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY
SERVICES
VIA: F.M. DELAC11,441CITY MANAGER
DATE: SEPTEMBER 20, 2010
SUBJECT: APPROVAL OF AZUSA READS, WRITES, COUNTS; AZUSA
CALCULATES; GIRLS ON THE MOVE AND KIDS ON THE MOVE;
COMPUTER LAB TUTOR. OFF-CAMPUS FEDERAL WORK-STUDY
PROGRAM AGREEMENTS WITH AZUSA PACIFIC UNIVERSITY
RECOMMENDATION
It is recommended that the City Council approve four Off-Campus Federal Work-Study
Program Agreements; one for AZUSA READS, WRITES, COUNTS (AZUSA RWC)
and another for AZUSA CALCULATES, both at the Azusa City Library; and GIRLS ON
THE MOVE AND KIDS ON THE MOVE and COMPUTER LAB TUTOR, both
through the Department of Recreation and Family. Services, and authorize the City
Manager to sign the attached agreements between Azusa Pacific University (APU) and
the City of Azusa.
BACKGROUND
These programs mark the eleventh year of library collaboration and operation with APU
and the Azusa Unified School District (AUSD). The mission of the Azusa RWC program
is to equip and encourage the elementary school children of Azusa to develop literacy
skills through a free after-school tutoring program. A companion program for math
tutoring, Azusa Calculates, was started in 2007 to help AUSD middle school students
with algebra. Also, early in the calendar year for 2008, basic skills components called
Azusa Writes and Azusa Counts were added to Azusa Reads.
In 2009, programs were added at Memorial Park, through the Department of Recreation
and Family Services. Girls on the Move/Kids on the Move are designed to combat
childhood obesity; Computer Lab Tutoring assists student with research and term papers.
Effective July 1, 2000, new Federal Work Study (FWS) requirements stated that higher
education institutions would be required to use at least 7% of their total FWS allocation
to employ students in community services jobs. Additionally, these institutions must
employ one FWS student as a reading tutor for preschool, elementary school or a family
literacy project.
In order for APU to meet the Federal requirements and receive their funding, it has
chosen to continue its participation in the Azusa Reads and Azusa Calculates Program, as
well as the Girls on the Move/Kids on the Move and Computer Lab Tutoring Programs at
North Recreation Center at Memorial Park. As a result, the Office of Community Service
Learning and Student Employment Services have again contacted the Azusa City Library
and the Recreation and Family Services Department for continuance of these important
programs.
Description of the Azusa Reads and Calculates Programs
Azusa Reads, Writes, Counts and Azusa Calculates programs operate from the Azusa
City Library. These programs provide 15-30 after-school tutors at the Azusa City Library
to assist preschool and elementary students in reading and math and middle school
students with algebra. The programs are coordinated through the Office of Community
Service Learning. An assigned coordinator works with City Library staff and tutors to
facilitate the implementation of these programs. All recruitments, training, placements
and supervision of the tutors are the responsibility of the APU coordinators. City Library
staff provides some training, especially local logistics and a basic orientation and
welcome for the program's tutors. Additionally, City Library staff members participate in
the year-end assessment and celebration to evaluate and recognize student and tutor
achievement.
The Azusa City Library and the Azusa community derive benefit from this program by
increasing library usage and by developing better readers and students who understand
mathematics.
This year, the Azusa Reads, Writes and Counts Programs will begin at the Library on
September 14, 2010 and will end sometime in April 2011. The program will operate from
Monday through Thursday after school.
Description of Programs offered through Recreation and Family Services
Girls on the Move/Kids on the Move is a youth fitness/hip-hop class designed to counter
childhood obesity by reinforcing basic principles of nutrition and exercise. These
programs are conducted by APU students through the Federal Work-Study Program.
Computer Lab Training, conducted at the North Recreation Center at Memorial Park,
gives kids who may not have computers at home a chance to do on-line research and
complete term papers using one of six computer stations. An APU student staffs the lab
after school on a daily basis and offers supervision and homework help as needed.
FISCAL IMPACT
There is no fiscal impact on the Library's budget or the budget of the Department of
Recreation a,nd Family Services. All funds to support this program are provided by APU
through the Federal Work-Study Program. The Library, Recreation Department, and city
residents receive considerable intangible benefits from these tutoring, computer and
exercise/nutrition programs.
2010-2011
OFF-CAMPUS FEDERAL WORK-STUDY PROGRAM AGREEMENT
Azusa Reads, Azusa Writes and Azusa Counts
This agreement is entered into between Azusa Pacific University, hereinafter known as the "Institution,"
and City of Azusa: Azusa City Library, hereinafter known as the "Organization" for the purpose of
providing work to students eligible for the Federal Work-Study Program(FWS).
The Institution shall attach schedules to this Agreement from time to time which set forth brief
descriptions of the work each student will perform, the total number of participating students, the hourly •
rate of pay, the average number of hours per week each student will work, and the maximum amount of
wages each student may receive. Each schedule shall bear the signature of a duly authorized official of
the Institution.
I.
The Institution will make available to the Organization students for the performance of specific work
Assignments. Students may be removed from work on a particular assignment or from the Organization
or Institution, either on their own initiative or at the request of the Organization or Institution. The
Organization agrees that no student will be denied work or subject to different treatment under this
Agreement on the grounds of race, color, national origin, religion, sex, marital status, age, disability, or
veteran status.
The work described in any Schedule attached to the Agreement shall satisfy the following requirements:
1. The work will be in the public interest.
2. Students working under the Agreement will not displace or replace permanent employees
or impair existing service contracts. If the Organization has an employment agreement
with an organization, the Organization's employees must not be replaced with FWS
students.
3. The work will not involve political activity associated with a candidate or with a
contending faction or group in an election for public or party office, and will not involve
lobbying on the federal, state, or local level.
4. The work will not involve construction, operation, or maintenance of any facility used,
or to be used, for sectarian instruction or as a place of religious worship.
5. No student will work more than 19.5 hours weekly during periods of enrollment. No
student will work during periods of non-enrollment. The Fair Labor Standards Act of
1938, as amended, prohibits employers (including schools) from accepting voluntary
services from any paid employee.
6. A student can only be paid for hours worked and may not be paid for lunch, vacation,
holiday, sick days, or other hours not actually worked.
II
The Institution agrees to pay 100 percent of the total wages earned by a student under this agreement up
to the assigned maximum earnings. The Organization will pay 100 percent of wages earned in excess of
the total assigned maximum earnings. The Institution will pay 100 percent of the total wages during a
student's training period(training to be provided by the Organization).
III
Neither the Institution nor the Organization shall provide or pay for a student's transportation expenses to
and from the place where he or she regularly performs services for the Organization.
IV
Azusa Pacific University students working under the Federal Work-Study Program are eligible for
workers' compensation benefits provided that they adhere to Azusa Pacific University published
guidelines regarding such benefits. The Institution agrees to pay for workers' compensation benefits that
an Azusa Pacific student may be eligible for while working at the Organization.
V
This agreement supersedes all previously dated cooperative agreements for the Federal Work-Study
Program and terminates on June 30, 2011. Either party may terminate this agreement by providing a
thirty(30) day written notice to the other party.
In Witness Thereof, The Institution and Organization have executed this Agreement this day
of , 2010.
Institution: Organization:
Azusa Pacific University City of Azusa: Azusa City Library
901 E. Alosta Avenue 729 N. Dalton Avenue
Azusa, CA 91702 Azusa, CA 91702
By: By:
David Dufault-Hunter Fran Delach
Vice President of Enrollment Management City Manager
Signature Date Signature Date
FEDERAL WORK-STUDY PROGRAM SCHEDULE
2010-2011
Description of work to be performed by Azusa Pacific University students:
Reading, writing and math mentors/tutors for local elementary school students
Number of students to be employed: 15-30 (depending on availability of students)
Hourly rate of pay: $8.40
Weekly amount of hours allowed per student: 19.5
Institution: AZUSA PACIFIC UNIVERSITY
By: Date:
Organization: CITY OF AZUSA: AZUSA CITY LIBRARY
By: Date:
2010-2011
OFF-CAMPUS FEDERAL WORK-STUDY PROGRAM AGREEMENT
Azusa Calculates
This agreement is entered into between Azusa Pacific University, hereinafter known as the "Institution,"
and City of Azusa: Azusa City Library, hereinafter known as the "Organization" for the purpose of
providing work to students eligible for the Federal Work-Study Program(FWS).
The Institution shall attach schedules to this Agreement from time to time which set forth brief
descriptions of the work each student will perform, the total number of participating students, the hourly
rate of pay, the average number of hours per week each student will work, and the maximum amount of
wages each student may receive. Each schedule shall bear the signature of a duly authorized official of
the Institution.
I.
The Institution will make available to the Organization students for the performance of specific work
Assignments. Students may be removed from work on a particular assignment or from the Organization
or Institution, either on their own initiative or at the request of the Organization or Institution. The
Organization agrees that no student will be denied work or subject to different treatment under this
Agreement on the grounds of race, color, national origin, religion, sex, marital status, age, disability, or
veteran status.
The work described in any Schedule attached to the Agreement shall satisfy the following requirements:
1. The work will be in the public interest.
2. Students working under the Agreement will not displace or replace permanent employees
or impair existing service contracts. If the Organization has an employment agreement
with an organization, the Organization's employees must not be replaced with FWS
students.
3. The work will not involve political activity associated with a candidate or with a
contending faction or group in an election for public or party office, and will not involve
lobbying on the federal, state, or local level.
4. The work will not involve construction, operation, or maintenance of any facility used,
or to be used, for sectarian instruction or as a place of religious worship.
5. No student will work more than 19.5 hours weekly during periods of enrollment. No
student will work during periods of non-enrollment. The Fair Labor Standards Act of
1938, as amended, prohibits employers (including schools) from accepting voluntary
services from any paid employee.
6. A student can only be paid for hours worked and may not be paid for lunch, vacation,
holiday, sick days, or other hours not actually worked.
II
The Institution agrees to pay 100 percent of the total wages earned by a student under this agreement up
to the assigned maximum earnings. The Organization will pay 100 percent of wages earned in excess of
the total assigned maximum earnings. The Institution will pay 100 percent of the total wages during a
student's training period(training to be provided by the Organization).
III
Neither the Institution nor the Organization shall provide or pay for a student's transportation expenses to
and from the place where he or she regularly performs services for the Organization.
IV
Azusa Pacific University students working under the Federal Work-Study Program are eligible for
workers' compensation benefits provided that they adhere to Azusa Pacific University published
guidelines regarding such benefits. The Institution agrees to pay for workers' compensation benefits that
an Azusa Pacific student may be eligible for while working at the Organization.
V
This agreement supersedes all previously dated cooperative agreements for the Federal Work-Study
Program and terminates on June 30, 2011. Either party may terminate this agreement by providing a
thirty(30) day written notice to the other party.
In Witness Thereof, The Institution and Organization have executed this Agreement this day
of , 2010.
Institution: Organization:
Azusa Pacific University City of Azusa: Azusa City Library
901 E. Alosta Avenue 729 N. Dalton Avenue
Azusa, CA 91702 Azusa, CA 91702
By: By:
David Dufault-Hunter Fran Delach
Vice President of Enrollment Management City Manager
Signature Date Signature Date
FEDERAL WORK-STUDY PROGRAM SCHEDULE
2010-2011
Description of work to be performed by Azusa Pacific University students:
Math mentors/tutors for local middle school students
Number of students to be employed: 6-10 (depending on availability of students)
Hourly rate of pay: $10.60
2010-2011
OFF-CAMPUS FEDERAL WORK-STUDY PROGRAM AGREEMENT
Girls on the Move & Kids on the Move
This agreement is entered into between Azusa Pacific University, hereinafter known as the "Institution,"
and the City of Azusa: Parks and Recreation, hereinafter known as the "Organization" for the purpose of
providing work to students eligible for the Federal Work-Study Program(FWS).
The Institution shall attach schedules to this Agreement from time to time which set forth brief
descriptions of the work each student will perform, the total number of participating students, the hourly
rate of pay, the average number of hours per week each student will work, and the maximum amount of
wages each student may receive. Each schedule shall bear the signature of a duly authorized official of
the Institution.
I.
The Institution will make available to the Organization students for the performance of specific work
Assignments. Students may be removed from work on a particular assignment or from the Organization
or Institution, either on their own initiative or at the request of the Organization or Institution. The
Organization agrees that no student will be denied work or subject to different treatment under this
Agreement on the grounds of race, color, national origin, religion, sex, marital status, age, disability, or
veteran status.
The work described in any Schedule attached to the Agreement shall satisfy the following requirements:
1. The work will be in the public interest.
2. Students working under the Agreement will not displace or replace permanent employees
or impair existing service contracts. If the Organization has an employment agreement
with an organization, the Organization's employees must not be replaced with FWS
students.
3. The work will not involve political activity associated with a candidate or with a
contending faction or group in an election for public or party office, and will not involve
lobbying on the federal, state, or local level.
4. The work will not involve construction, operation, or maintenance of any facility used,
or to be used, for sectarian instruction or as a place of religious worship.
5. No student will work more than 19.5 hours weekly during periods of enrollment. No
student will work during periods of non-enrollment. The Fair Labor Standards Act of
1938, as amended, prohibits employers (including schools) from accepting voluntary
services from any paid employee.
6. A student can only be paid for hours worked and may not be paid for lunch, vacation,
holiday, sick days, or other hours not actually worked.
II
The Institution agrees to pay 100 percent of the total wages earned by a student under this agreement up
to the assigned maximum earnings. The Organization will pay 100 percent of wages earned in excess of
the total assigned maximum earnings. The Institution will pay 100 percent of the total wages during a
student's training period(training to be provided by the Organization).
III
Neither the Institution nor the Organization shall provide or pay for a student's transportation expenses to
and from the place where he or she regularly performs services for the Organization.
IV
Azusa Pacific University students working under the Federal Work-Study Program are eligible for
workers' compensation benefits provided that they adhere to Azusa Pacific University published
guidelines regarding such benefits. The Institution agrees to pay for workers' compensation benefits that
an Azusa Pacific student may be eligible for while working at the Organization.
V
This agreement supersedes all previously dated cooperative agreements for the Federal Work-Study
Program and terminates on June 30, 2011. Either party may terminate this agreement by providing a
thirty(30) day written notice to the other party.
In Witness Thereof, The Institution and Organization have executed this Agreement this day
of , 2010.
Institution: Organization:
Azusa Pacific University City of Azusa: Parks and Recreation
901 E. Alosta Avenue 729 N. Dalton Avenue
Azusa, CA 91702 Azusa,CA 91702
By: By:
David Dufault-Hunter Fran Delach
Vice President of Enrollment Management City Manager
Signature Date Signature Date
FEDERAL WORK-STUDY PROGRAM SCHEDULE
2010-2011
Description of work to be performed by Azusa Pacific University students:
Girls on the Move exercise classes for 6th-8th grade girls and Kids on the Move
exercise classes for 2"d_5th grade boys and girls; both housed at the Recreation
Centers at Memorial Park
Number of students to be employed: 2-4 (depending on size of each class)
Hourly rate of pay: $15.00/hour
Weekly amount of hours allowed per student: 5-10
Institution: AZUSA PACIFIC UNIVERSITY
By: Date:
Organization: CITY OF AZUSA: PARKS AND RECREATION
By: Date:
2010-2011
OFF-CAMPUS FEDERAL WORK-STUDY PROGRAM AGREEMENT
Computer Lab Tutor
This agreement is entered into between Azusa Pacific University, hereinafter known as the "Institution,"
and the City of Azusa: Parks and Recreation, hereinafter known as the "Organization" for the purpose of
providing work to students eligible for the Federal Work-Study Program(FWS).
The Institution shall attach schedules to this Agreement from time to time which set forth brief
descriptions of the work each student will perform, the total number of participating students, the hourly
rate of pay, the average number of hours per week each student will work, and the maximum amount of
wages each student may receive. Each schedule shall bear the signature of a duly authorized official of
the Institution.
I.
The Institution will make available to the Organization students for the performance of specific work
Assignments. Students may be removed from work on a particular assignment or from the Organization
or Institution, either on their own initiative or at the request of the Organization or Institution. The
Organization agrees that no student will be denied work or subject to different treatment under this
Agreement on the grounds of race, color, national origin, religion, sex, marital status, age, disability, or
veteran status.
The work described in any Schedule attached to the Agreement shall satisfy the following requirements:
1. The work will be in the public interest.
2. Students working under the Agreement will not displace or replace permanent employees
or impair existing service contracts. If the Organization has an employment agreement
with an organization, the Organization's employees must not be replaced with FWS
students.
3. The work will not involve political activity associated with a candidate or with a
contending faction or group in an election for public or party office, and will not involve
lobbying on the federal, state, or local level.
4. The work will not involve construction, operation, or maintenance of any facility used,
or to be used, for sectarian instruction or as a place of religious worship.
5. No student will work more than 19.5 hours weekly during periods of enrollment. No
student will work during periods of non-enrollment. The Fair Labor Standards Act of
1938, as amended, prohibits employers (including schools) from accepting voluntary
services from any paid employee.
6. A student can only be paid for hours worked and may not be paid for lunch, vacation,
holiday, sick days, or other hours not actually worked.
II
The Institution agrees to pay 100 percent of the total wages earned by a student under this agreement up
to the assigned maximum earnings. The Organization will pay 100 percent of wages earned in excess of
the total assigned maximum earnings. The Institution will pay 100 percent of the total wages during a
student's training period (training to be provided by the Organization).
III
Neither the Institution nor the Organization shall provide or pay for a student's transportation expenses to
and from the place where he or she regularly performs services for the Organization.
IV
Azusa Pacific University students working under the Federal Work-Study Program are eligible for
workers' compensation benefits provided that they adhere to Azusa Pacific University published
guidelines regarding such benefits. The Institution agrees to pay for workers'compensation benefits that
an Azusa Pacific student may be eligible for while working at the Organization.
V
This agreement supersedes all previously dated cooperative agreements for the Federal Work-Study
Program and terminates on June 30, 2011. Either party may terminate this agreement by providing a
thirty(30)day written notice to the other party.
In Witness Thereof, The Institution and Organization have executed this Agreement this day
of , 2010.
Institution: Organization:
Azusa Pacific University City of Azusa: Parks and Recreation
901 E. Alosta Avenue 729 N.Dalton Avenue
Azusa, CA 91702 Azusa,CA 91702
By: By:
David Dufault-Hunter Fran Delach
Vice President of Enrollment Management City Manager
Signature Date Signature Date
FEDERAL WORK-STUDY PROGRAM SCHEDULE
2010-2011
Description of work to be performed by Azusa Pacific University students:
Computer and homework assistance in the North Recreation Center's Computer
Lab
Number of students to be employed: 1-2 (depending on availability of students)
Hourly rate of pay: $10.00/hour
Weekly amount of hours allowed per student: 10-15
Institution: AZUSA PACIFIC UNIVERSITY
By: Date:
Organization: CITY OF AZUSA: PARKS AND RECREATION
By: Date:
41411i
6'
syr— x ? i"ti ,t + k,p .-, tic ' *4-11-* --
c
USI5
JOINT CITY/AGENCY
PUBLIC HEARING ITEM
TO: THE HONORABLE MAYOR/CHAIRPERSON AND COUNCIL/AGENCY
MEMBERS
44/
FROM: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
VIA: F.M. DELACH EX UTIVE DIRECTOR
DATE: SEPTEMBER 20, 2010
SUBJECT: CONSIDERATION OF THE FIRST AMENDMENT TO THE STATUTORY
DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION
AGREEMENT FOR THE CITRUS CROSSING PROJECT LOCATED AT THE
SOUTHWEST CORNER OF ALOSTA AVENUE AND CITRUS AVENUE
RECOMMENDATION
It is recommended that the City Council and Agency Board continue the subject item to council
meeting scheduled on October 4, 2010.
,j, F G
044...
tr *
gLr
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
TUESDAY,SEPTEMBER 7,2010—10:20 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the
above date and time in the Azusa Auditorium,213 E.Foothill Blvd.,Azusa CA.
Chairman Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Detach, Assistant Executive Director Makshanoff,
Department Heads,Secretary Mendoza,Deputy Secretary Toscano.
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT Cncl/CRA Convene
10:20 P.M.TO ADDRESS THE FOLLOWING ITEMS: Jntly
JOINT PUBLIC HEARING - CONSIDERATION OF THE FIRST AMENDMENT TO THE Joint Pub Hrg
STATUTORY DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION AGREEMENT Continued
FOR THE CITRUS CROSSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF ALOSTA To 9/20/10
AVENUE AND CITRUS AVENUE.
Moved by Councilmember/Director Hanks/seconded by Mayor Pro-Tem/Director Gonzales and
unanimously carried to continue the Public Hearing to the meeting of September 20,2010.
APPROVE THE CONTRACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF Chamber Agmt
COMMERCE. Approved
Moved by Councilmember/Director Hanks, seconded by Councilmember/Director Carrillo and Approved
unanimously carried to authorize staff to finalize and execute the Agreement regarding Chamber of
Commerce Funding and Support between the City/Agency of Azusa and the Azusa Chamber of Commerce
for Fiscal Year 2010/11.
CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 10:40 P.M. Cncl Recessed
AGENCY SCHEDULED ITEMS
EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY Agency Sched
OF THE CITY OF AZUSA AND RICH DEVELOPMENT LLC FOR THE NORTHEAST
CORNER OF ARROW HIGHWAY AND AZUSA AVENUE.
After discussion regarding incorporating the purchase price of the property for 3.4 million dollars and Discussion
noting that it would be an attachment,it was moved by Director Macias,seconded by Director Hanks and ENA Rich
unanimously carried to authorize the Executive Director to enter into an Exclusive Negotiation Agreement Development
with Rich Development LLC for the development of the northeast corner of Arrow Highway and Azusa Approved
Avenue.
The CONSENT CALENDAR consisting of items G-1 through G-4 was approved by motion of Director Consent Cal.
Carrillo,seconded by Director Gonzales and unanimously carried. Approved
1. Minutes of the regular meeting of July 19,2010,and the Special Meetings of June 1,14,and July 26, Min appvd
2010,were approved as written. Macias abstained from July 26th as he was absent.
2. Agency Treasurer's Report as of June 30,2010 was received and filed. Treas Rpt
3. Agency Treasurer's Report as of July 31,2010,was received and file. Treas Rpt
4. Resolution authorizing payment of warrants by the Agency was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.No. 10-R28
ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants
AGENCY FUNDS.
Spec Call Items
SPECIAL CALL ITEM_S None
None.
Adjourn
It was consensus of the Redevelopment Agency Board Members to adjourn.
•
TIME OF ADJOURNMENT: 10:46 P.M.
SECRETARY
NEXT RESOLUTION NO. 10-R29.
09/07/10 PAGE TWO
WARRANT REGISTER NO.25
41P100
FISCAL YEAR 2009-10
FISCAL YEAR 2010-11
WARRANTS DATED 08/01/10 THROUGH 08/15/10
FOR REDEVELOPMENT AGENCY MEETING OF 09-20-10 0
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required by law and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80-110-REDEVELOPMENT ADMINISTRATION FUND $33,913.02
80-125-CBD CAPITAL PROJECTS FUND 50,516.25
80-135-WED CAPITAL PROJECTS FUND
80-185-RANCH CAPITAL PROJECTS FUND
80-165-624-2008A TAX ALLOCATION BONDS
81-155-TAX INCREMENT SET-ASIDE FUND 57,992.63
8I-165-LM MRG TABO8B HS
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
82-165-MERGED PROJECT TAX ALLOCATION BONDS
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 142,421.90
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF 2010.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting there of,held on the day of 2010.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
City of Azusa HP 9000 09/14/10 OPEN HOLD DB LISTING By i/Ehtity Nacre Page 1
'IIIUJE, SEP 14, 2010, 9:43 AM ---req: RUBY leg: GL JL---lcc: BI-TEEN---jab: 769436 #J11752--pp: CH400 <1.34> rpt id: CHFL'IR02
SELEDT FUND Codes: 80-82 ; Check Issue Dates: 080110-081510
P'E_1p PE Nacre __ AC TT NLMB�ER /_JOB NUMBER Invoice Nutter Descriptia-i St Disc. Ant. Dist. ALL.
V01305 AZUSA CITY EMPLO 8000000000-3035 2610/1001016 PY#16/10 PD 0.00 285.00
PEID Utaid: 0.00
Paid: 285.00
Total: 285.00
V10604 AZUSA MIDDTF NPN 8000000000-3020 2618/1001016 PY#16/10 PD 0.00 35.00
FEID d: 0.00
' Paid: 35.00
Total: 35.00
V04315 BARNEY'S LOCESMI 8010125000-6301/505800-6301 34569 RE-KEY/813N IALT PD 0.00 370.45
PES d: 0.00
Paid: 370.45
Tttal : 370.45
V05804 BEST BEST & ERIE 8110155000-6345/505320-6345 630414 ATLANITS GARDENS PD 0.00 1,785.00
V05804 BEST BEST & ERIE 8010125000-6301/504500-6301 632162 NERGED BUS 6 PD 0.00 2,772.00
V05804 BEST BEST & ERIE 8010125000-6301/505800-6301 632162 N� BUS; 6 PD 0.00 1,869.00
V05804 BEST BEST & ERIE 8010110000-6301 632162 N� BUS;INV 6 PD 0.00 1,822.51
V05804 BEST BEST & ERIE 8010110000-6301 628095 MERGED BUS.INV#6 PD 0.00 2,020.86
V05804 BEST BEST & ERIE 8010125000-6301/505825-6301 628096 CPS OUIDO R;INV## PD 0.00 702.86
V05804 BEST BEST & ERIE 8010125000-6301/505800-6301 628095 NERGED BUS.INV#6 PD 0.00 567.00
V05804 BEST BEST & ERIE 8110155000-6345/505320-6345 632161 LailACE) ECLUTNG. PD 0.00 1,008.00
V05804 BEST BEST & ERIE 8010125000-6301/505825-6301 632163 TARGET PROJEET•f PD 0.00 105.00
V05804 BEST BEST & ERIE 8010125000-6301/505900-6301 632164 FOWLER. AOD;INV46 PD 0.00 8,761.65
V05804 BEST BEST & ERIE 8110155000-6345/505320-6345 628230 LOW MID ECUSING• PD 0.00 2,911.09
V05804 BEST BEST & ERIE 8010125000-6301/505900-6301 628097 FOWLER ACID./INV# PD 0.00 4,633.11
PEIDUpaid: 0.00
Paid: 28,958.08
Total: 28,958.08
V06783 CITISIREET 8000000000-3010 2315/1001016 PY=16/10 PD 0.00 125.08
V06783 CTTISIREET 8000000000-3010 1310/1001016 PY=16/10 PD 0.00 267.00
V06783 CITISIREET 8000000000-3010 2310/1001016 PY7-`16/10 PD 0.00 720.92
PEIDd: 0.00
Paid: 1,113.00
Total: 1,113.00
City of Azusa HP 9000 09/14/10 OPEN H O L D DB LISTING By PEhtity Narre Page 2
TUE; SEP 14, 2010, 9:43 AM ---req: RUBY leg: CM JL---loc: BI-TESTI---jab: 769436 #J11752--pgm: CH400 <1.34> rpt id: CHFLER02
SELECT FLU Codes: 80-82 ; Check Issue Utes: 080110-081510
PE ID PE Nacre ACWT UMBER / JOB NUMBER Invoice Nunter Descriptio St Disc. Ant. Dist. Ant.
V03287 CZNIRFRAS, CATHY 8010110000-6235 101958 RETNB/WCNAN'S CO PD 0.00 185.00
PEID d: 0.00
Paid: 185.00
Total: 185.00
V07721 EESAM MARCELL° 8010125000-6345 296761 NEC AZUSA/AR}tW PD 0.00 3,400.00
V07721 EEE END MR= 8010125000-6345 296833 NEC AZIJSA/ARR,OW PD 0.00 762.50
PEED U- d: 0.00
Paid: 4,162.50
Total: 4,162.50
V08010 DUKE'S LANDSCAPI 8010125000-6815/505800-6815 5422 GARDENT SVC JLNE2 PD 0.00 4,200.00
V08010 • DUKE'S LANLISCAPI 8010125000-6815 5422 CARL N SVC JINE2 PD 0.00 4,150.00
V08010 LUTE'S L ,PI 8010125000-6815/505800-6815 5477 CLEANUP 812N PD 0.00 1,800.00
V08010 LUKE'S LAIPI 8010125000-6815/505800-6815 5475 TRASH '0 0' ' /9T PD 0.00 500.00
V08010 DUKE'S LANECAPI 8010125000-6815/505800-6815 5476 CLEANUP 62 SA PD • 0.00 900.00
V08010 LUKE'S LPN:SUET 8010125000-6815/505800-6815 5359 911-i ST 0 9A UP PD 0.00 500.00
V08010 LUKE'S LANDSIMPI 8010125000-6815 5359 GARDEN SVC MAY 2 PD 0.00 3,020.00
V08010 LUKE'S LANQSCAPI 8010125000-6815 5303 CARDE\T SVC APRIL PD 0.00 3,020.00
V08010 DUKE'S LAN ECAPI 8010125000-6815/505800-6815 5478 CT_E7½N UP/858,826 PD 0.00 1,500.00
PEID d: 0.00
Paid: 19,590.00
Tbta1 : 19,590.00
V96319 LAURAIN & ASSCCI 8110155000-6325 8526 APPRAISAL SVC 90 PD 0.00 2,400.00
PEED d: 0.00
Paid: 2,400.00
Total: 2,400.00
V03126 LINDLN I TICNAL 8000000000-3010 2325/1001016 PY=16/10 PD 0.00 50.00
V03126 LRLN NATIONAL 8000000000-3010 1320/1001016 PY=16/10 PD 0.00 45.00
PEJD d: 0.00
Paid: 95.00
Total: 95.00
V10322 M & T RANK 8000000000-3010 080210 ICNA 457 DEFERRE PD 0.00 369.17
City of Azusa HP 9000 09/14/10 OPEN HOLD DB LISTIN G By P rscn/Entity Narte Page 3
'TUE, SEP 14, 2010, 9:43 AM ---req: RUBY leg: GT, JL---lcc: BI-TB} ---job: 769436 #J11752--ppm: CH400 <1.34> rpt id: CHFLER02
SELECT H.ND Codes: 80-82 ; Check Issue Dates: 080110-081510
PE ii) PE Narre ACItOL N17 NCNBER. / JOB NIGER Invoice NurrIpr Description St Disc. Ant. Dist. Ant.
PEID Unpaid: 0.00
Paid: 369.17
Total: 369.17
V00540 OrFICE DEPOT INC 8010110000-6530 524830854001 381172 MEI"DREX S PD 0.00 5.17
PEID d: 0.00
Paid: 5.17
Total: 5.17
V01440 OVERLAND PACIFIC 8010125000-6399/505900-6399 1005143 FC7,VLER/FURNIT VI PD 0.00 293.75
V01440 OVERLAND PACIFIC 8010125000-6399/505900-6399 1005142 ATLANTIS CRDFN PD 0.00 92.50
PE i i) Ur d: 0.00
Paid: 386.25
'Total : 386.25
V12157 PRIME DE DLTllCN 8110155000-2745 6227 Contracts Pbl/Cb PD 0.00 33,197.40
PEIDd: 0.00
aid: 33,197.40
• Total: 33,197.40
V02371 SPRINT 8010110000-6915 864888819030 SPRINT AIRCARDS PD 0.00 10.00
Phis) d: 0.00
aid: 10.00
•
Total: 10.00
V10053 SIANCARD INSURAN 8000000000-3044 1221/1001016 PY#16/10 PD 0.00 132.64
PEJI) Lop i d: 0.00
Paid: 132.64
Total: 132.64
V11824 URBAN FUTURES IN 8010125000-6345/505900-6345 0710007 MTHLY RETAINER PD 0.00 1,451.51
V11824 URBAN FUTURES IN 8110155000-6345/505320-6345 0710005 PROF.FEE & ICSC• PD 0.00 8,868.75
V11824 URBAN FUTURES IN 8010110000-6345 0710007 MONTHLY RETAMEk PD 0.00 1,177.12
V11824 URBAN FUTURES IN 8110155000-6625/505320-6625 0710007 FENIHLY RETAINER PD 0.00 666.91
V11824 URBAN FUTURES IN 8010125000-6345/505800-6345 061000 FROF.FEESS;INV#61 PD 0.00 1,575.00
V11824 URBAN FUTURES IN 8010110000-6345 0710005 PRDF.FE'E & ICTSC; PD 0.00 9,698.15
V11824 URBAN FUTURES IN 8010110000-6345/504700-6345 061000 PROF.FEES;INV#61 PD 0.00 1,237.50
City of Azusa HP 9000 09/14/10 OPEN H 0 L D DB LISTING By inn/Entity Ism Page 4
TUE SEP 14, 2010, 9:43 AM ---req: RUBY leg: CL JL---loc: BI-TECH---job: 769436 #J11752--pp: 400 <1.34> ipt id: CHFL9R02
SEL&T FUND (Jdes: 80-82 ; Check Issue Dates: 080110-081510
PE ID PE Narre Accatr UMBER / JOB NCS Invoice Number Description St Disc. Amt. Dist. Amt.
V11824 URBAN FUTURES IN 8010125000-6345/505900-6345 0610005 M NIHLY RETAINER PD 0.00 78.46
V11824 URBAN FUIURES IN 8110155000-6345/505320-6345 061000 PROF.FEES;INV#61 PD 0.00 682.50
V11824 URBAN FUTURES IN 8010110000-6345 061000 PROF.FEES•INV#61 PD 0.00 8,685.00
V11824 URBAN FUTURES IN 8110155000-6345/505320-6345 0710007 M:NIHLY RETAINER PD 0.00 4,825.29
V11824 URBAN FUTURES IN 8010125000-6345/505800-6345 0710007 NCI.VIHLY RETAINER PD 0.00 2,079.17
V11824 URBAN FUTURES IN 8010110000-6345 0610005 PEN= RETAINER PD 0.00 7,022.33
V11824 URBAN FUIURES IN 8110155000-6345/505320-6345 0610005 NENIHLY RETAINER PD 0.00 1,647.69
V11824 URBAN FUTURES IN 8010125000-6345/505800-6345 0610005 N ,Y RETAINER PD 0.00 1,412.29
L LD d: 0.00
Paid: 51,107.67
Total: 51,107.67
V00876 W-SH:=N NTJIU1I 8000000000-3010 2335/1001016 PY=16/10 PD 0.00 4.57
V00876 WASHINGICN M.TI A 8000000000-3010 1330/1001016 PY=16/10 a) 0.00 15.00
PEIDd: 0.00
aid: 19.57
Total: 19.57
GRAND TOTAL Unpaid: 0.00
Paid: 142,421.90
Total: 142,421.90
/