HomeMy WebLinkAbout2019-09-24 - AGENDA REPORTS - CONTR FOR NEWHALL RANCH ROAD MEDIAN LANDSCAPE REPA (2)Agenda Item: 7
DATE:
September 24, 2019
SUBJECT:
CONTRACT FOR NEWHALL RANCH ROAD MEDIAN
LANDSCAPE REPAIR
DEPARTMENT:
Neighborhood Services
PRESENTER:
Kevin Tonoian
RECOMMENDED ACTION
City Council:
1. Award a contract to Conserve LandCare for $224,800, plus a 15 percent contingency of
$33,720, for a total contract amount not to exceed $258,520, to fund the construction of
Newhall Ranch Road median landscape repairs.
2. Appropriate $283,908 from Areawide Fund 367 to expenditure account 12712-5161.013,
inclusive of the project base bid, the contingency amount, and additional funds of $25,388
for the installation of a new monument welcome sign.
3. Authorize the City Manager or designee to execute all contract documents, and modify the
awards in the event impossibility of performance arises, subject to City Attorney approval.
BACKGROUND
The Newhall Ranch Road Median Landscape Repair project includes the removal and
replacement of fire -damaged plant material and irrigation modifications resulting from the Rye
Canyon Fire. The project encompasses the stretch of median landscape along Newhall Ranch
Road from Vanderbilt Way to West Rye Canyon and supports the Community Beautification
component of Santa Clarita 2020.
Following the Rye Canyon Fire, staff completed immediate repairs to all damaged irrigation and
evaluated, over an extended period of time, the health of trees and remaining shrubs impacted by
the fire. The proposed project will address vacancies throughout the median resulting from the
Rye Canyon Fire, while maintaining all existing landscape improvements.
Page 1
An Invitation to Bid, UF-19-20-04, for the construction of this project was issued on
July 18, 2019. Seven firms submitted proposals to the City as identified below.
Company
Location
Base Bid Amount
1
Conserve LandCare
Thousand Palms, CA
$ 224,800
2
Oakridge Landscape
Santa Clarita, CA
$ 255,393
3
Dwayne Brady Landscape
Moorpark, CA
$ 293,156
4
FS Contractors, Inc.
Sylmar, CA
$ 296,169
5
American Landscape
Canoga Park, CA
$ 347,334
6
KASA Construction
Chino, CA
$ 367,789
7
Stay Green Inc.
Santa Clarita, CA
$ 414,893
Staff reviewed all responsive proposals and recommends award of contract to Conserve
LandCare. A review of Conserve LandCare's professional references found their work to meet
the City's high standards for performance.
As an element of this project, the Newhall Ranch Road monument welcome sign will be
removed and replaced with a new sign consistent with the recently installed sign at Magic
Mountain Parkway. Staff is requesting an appropriation of $25,388 to fund the design,
fabrication, and installation of this new entry monument.
FISCAL IMPACT
There is no impact to the General Fund. This action requires an appropriation of $283,908 from
the Areawide Fund Balance (Fund 367).
ATTACHMENTS
UF-19-20-04 Bid Specifications (available in the City Clerk's Reading File)
Conserve LandCare Bid Proposal (available in the City Clerk's Reading File)
Page 2
City
SANTA CLARITA
NOTICE INVITING BIDS
The City of Santa Clarita is seeking bids from qualified vendors for the installation and replacement of trees,
shrubs, groundcover and mulch, irrigation repair and replacement which was lost and/or damaged in the Rye Fire.
TABLE OF CONTENTS
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
Section..............................................................................................................................................Page
NoticeInviting Bid...................................................................................................................................3
Instructionsto Bidders............................................................................................................................4
ScopeOf Work........................................................................................................................................8
Contract Agreement (Sample Only)........................................................................................................15
Designation of Subcontractors............................................................................................................... 36
References..............................................................................................................................................37
Acknowledgement and Acceptance of Specifications............................................................................38
DocumentChecklist................................................................................................................................39
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CITY OF SANTA CLARITA
INVITATION FOR BID
Newhall Ranch Road Median Refurbishment
BID # UF-19-20-04
Bids must be uploaded via PlanetBids before 11:00 AM on Thursday, August 15, 2019 to the Purchasing Agent of the
City of Santa Clarita. Specifications for this electronic bid may be viewed at:
http://www.planetbids.com/l)ortal/r)ortal,.cfm?CompanvlD=16840#
Purchasing: (661) 255-4918
1. Solicitation documents for this bid may be downloaded from the City's Purchasing PlanetBids website at
http://www.planetbids.com/porrtal Dorta1.cfm?Com pan ID=16840#. Please refer to the solicitation
documents for complete details and bid requirements.
2. There will be a pre -bid meeting and site visit on July 29, 2019 at 1:00 PM at Corporate Yard, 25663 Avenue
Stanford, Santa Clarita, CA 91355. It is strongly encouraged for all interested contractors to attend.
Interested parties may RVSP via Planet Bids. Attendees will meet at: Corporate Yard, 25663 Avenue
Stanford, Santa Clarita, CA 91355 at 1:00 PM. Vendors should be prepared to drive to the median location
from Corporate Yard, 25663 Avenue Stanford, Santa Clarita, CA 91355. Please see the attached itinerary
and map on PlanetBids. This is the one and only meeting that will be scheduled for this bid.
3. Proposer shall honor bid prices for One Hundred Twenty (120) days or for the stated contract period,
whichever is longer.
4. Bids must include this invitation for bid form and be signed by the contractor's authorized representative.
This signature acknowledges the proposer has read and understands the requirements contained on pages
1 to 39 , attachments A to C, and exhibits A to B.
5. The last day for questions will be August 8, 2019, 10:00 AM. Questions should be submitted electronically
via PlanetBids: htto: /,vww.Dianetbids.com/portal/portal.Cfm?CompanvlD=16840#
6. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly
from the City.
7. The specifications in this notice shall be considered a part of any contract made pursuant thereto.
I have, read, understood, and agree to the terms and conditions on all pages of this invitation for bid. The
undersigned agrees to furnish the commodity or service stipulated on this bid as stated above.
Company:
Address:
Name (Print): Company Phone No.:
Signature:
Title of Person Signing Proposal:
A.
BID INSTRUCTIONS
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
1. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is the vendors
responsibility to monitor PlanetBids for release of the addenda prior to submission of the quote to make certain
the package is complete and all required addenda are included. This information will be available via PlanetBids.
Vendors are cautioned against relying on verbal information in the preparation of bid responses. All official
information and guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by
the Agency, will be transmitted via PlanetBids. Addenda must be digitally acknowledged through PlanetBids in
addition to a printed and signed version submitted with the bid. If addenda are not signed and submitted with
the quote response, the bid may be deemed non -responsive and rejected.
2. AWARDS.
2.1. The City reserves the right waive any informality in any bid.
2.2. The City will award in accordance with S.C.M.C. § 3.12.205 (Support of Santa Clarita Businesses) unless this
bid is identified as public works, a professional services, or is federally funded.
2.3. Qualifications of responsibility will be in accordance with the S.C.M.C. Lowest cost is the lowest total cost
to the City to acquire the goods and/or services resulting from this solicitation.
2.4. The City may make an award based on partial items unless the bid submitted is marked "All or none."
Where detailed specifications and/or standards are provided the City considers them to be material and
may accept or reject deviations. The results of the bid will be posted on PlanetBids, normally within 24
hours.
3. BRAND NAMES ALTERNATIVES OREQUIVALENTS.
3.1. In the bid documents, the use of a specific manufacturer, brand or make does not restrict bidders in in
their proposed solution when brand names are used it indicates the quality and utility of the article desired;
thus the bids submittal shall in all cases propose goods equal in quality and utility. to those referred to.
3.2. Materials differing from stated specifications may be considered, provided such differences are clearly
noted and described. The Agency shall make the final determination of compliance with the specifications.
3.3. If proposing with an alternative or equivalent product, provide the cut sheet/spec sheet or detailed
product description for the proposed product via the PlanetBids Q&A section prior to the last day for
questions. For each product proposed documentation provided must include a description reflecting the
characteristics and level of quality that will satisfy the salient physical, functional, or performance
characteristics of "equal" products specified in the solicitation. The proposal must also clearly identify the
item by brand name (if any), and make/model number. In addition, the proposal may include descriptive
literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or
information available to the City, and clearly describe any modifications the offeror plans to make in a
product to make it conform to the solicitation requirements.
3.4. The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made
on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE
has been used in the specification section.
E
4. BONDS.
4.1. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at least
10% of the total value of the bid OR 10 % of the value of the 1st year of service for service bids, to guarantee
that bidders will enter into contract to furnish goods or services at prices stated. The bonding company
must be listed on Treasury Circular 570 and licensed to operate in the state of California.
4.2. Likewise, a Performance Bond and/or Material and Labor bonds shall be required of the successful bidder
when stated in the specification (cash deposit, certified or cashier's check or money order may be
substituted in lieu of either bond).
4.3. Original Bond or Cashier's Check MUST be received AT CITY HALL, 23920 Valencia Blvd., Santa Clarita, CA
91355, ATTENTION SUITE 120 and marked with the words "BID BOND FOR" and the bid #, "NO LATER THAN
the bid due date and time, for the vendor to be considered responsive.
5. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation
with the agreement of the successful vendors) and the City of Santa Clarita. The lack of exception to this clause
in vendor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner
to or representative of these outside agencies and is not obligated or liable for any action or debts that may
arise out of such independently negotiated "piggy -back" procurements.
6. DELIVERY. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, site of user division and
contract delivery may begin no later than fifteen (15) calendar days from receipt of order.
7. INVOICES. Invoices will be forwarded to:
City of Santa Clarita
Attention: Wayne Smith
NS - Special Districts
23920 Valencia Blvd. Ste. 295
Santa Clarita, CA 91355-2196
Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the
contract. Invoice processing begins on receipt of the material or invoice, whichever is later.
8. STATE PREVAILING WAGE. This contract is subject to the State prevailing wage requirements of the California
Labor Code including, but not limited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Section
1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be
done have been determined by the Director of the California Department of Industrial Relations. These wages
are set forth in the General Prevailing Wage Rates for this project, available from the California Department of
Industrial Relations' Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future
effective general prevailing wage rates which have been predetermined and are on file with the California
Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy
of the prevailing rate of per diem wages shall be posted at the job site. This contract is subject to SB 854 and SB-
96. Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code
Section 1720.9. Pursuant to Section 1812 of the California Labor Code, every contractor and subcontractor shall
keep an accurate record showing the name of and actual hours worked each calendar day and each calendar
week by each worker employed by him or her in connection with the public work. The record shall be kept open
at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards
Enforcement.
9. LABOR COMPLIANCE. This contract is subject to SB 854 and SB-96. Contractor shall comply with California
prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. The Contractor is
responsible for obtaining a current edition of all California statutes and regulations and adhering to the latest
editions of such.
10. PREPARATION. All bids must be submitted via PlanetBids. All forms must be uploaded as laid out in the
PlanetBids General Attachments Section.
11. REJECTION. The City reserves the right to reject any or all bids and to waive any informality in any quote. The
City may reject the bid of any vendor who has previously failed to perform properly, or complete on time,
contracts of a similar nature, or to reject the quote of a vendor who is not in a position to perform such a
contract satisfactorily. The City may reject the bid of any vendor who is in default of the payment of taxes,
licenses or other monies due to the City of Santa Clarita.
12. RENEWAL AND PRICING ADJUSTMENT. Contracts entered into pursuant to this Invitation to Bid may be
renewed annually, one time, in accordance with the terms of the contract. If not otherwise stated, the contract
may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All
Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside -Orange county area and prevailing
wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be
requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month
preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit
will be the percentage change based on the difference between the beginning level or the adjustment level last
used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to
the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new
contractor.
13. STATE CONTRACTOR'S LICENSE. If requested and in accordance with the provisions of California Public Contract
Code Section 3300, the successful vendor shall submit proof of a State Contractor's License with bid response.
Failure to possess the specified license shall render the bid as non -responsive and shall act as a bar to award the
contract to any bidder not possessing said license at the time of award. As provided for in Section 22300 of the
California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to
ensure performance under the contract.
ONE OF THE FOLLOWING LICENSE(S) ARE REQUIRED TO SUBMIT A QUOTE FOR THIS PROJECT: C27 -
Landscaping Contractor
14. SUBCONTRACTORS. For all public projects, the vendor must list any subcontractors that will be used, the work
to be performed by them, and total number of hours or percentage of time they will spend on the project.
15. SUBMITTING BIDS.
15.1. The bid response must be submitted on this form and include all forms provided or information requested
or required by the scope of work or specifications, (uploaded via PlanetBids)
15.2. All documentation of unit pricing or other cost breakdowns as outlined in this quote must be submitted to
support the total bid price.
15.3. Bids/corrections received after the closing time will not be accepted. The City will not be responsible for
bids not properly or timely, uploaded. Upon award, all submissions become a matter of public record.
16. TERMINATION. The City may terminate any purchase, service or contract with or without cause either verbally
or in writing at any time without penalty.
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The City of Santa Clarita's "Terms and Conditions" is found on a separate attachment in Planet Bids.
B.
SCOPE OF WORK
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
EVENT
Solicitation advertisement
Pre -bid meeting
Last day for questions
Return of bids
Contract award
1. GENERAL REQUIREMENTS
DATE
July 18, 2019
July 29, 2019
August 8, 2019
August 15, 2019
September 10, 2019
1.01 The City of Santa Clarita is soliciting electronic bids from qualified landscape companies
for the installation and replacement of trees, shrubs, groundcover and mulch, irrigation repair
and replacement which was lost and / or damaged in the Rye Fire. The project site is the stretch
of median(s) located on Newhall Ranch Road between Vanderbilt Way and West Rye Canyon
Road (Refer to Aerial photos in Attachment A). There are multiple medians throughout the
project site that vary in length. In addition, there are sections of median that are located within
an Edison owned easement which limit planting to shrubs and groundcover only. Bid
Specifications are provided (Refer to Attachment B). The Contractor shall have a minimum of
five years' experience in landscape construction for commercial and municipal projects.
1.02 City of Santa Clarita Landscape Maintenance District (LIVID) and Urban Forestry (UF)
administration staff, consisting of the Landscape Maintenance Specialist, Project Development
Coordinator, Urban Forestry Administrator, Special Districts Administrator, Special Districts
Manager or the Deputy City Manager or his qualified representative, shall herein be described
as 'Special Districts.'
1.03 Contractor shall under the terms of this agreement provide the labor, materials, and
equipment necessary for the provision of grounds, irrigation and landscape installation services.
The premises shall be installed with nothing but the highest of industry standards at no less than
the frequencies set forth herein.
1.04 Contractor is hereby hired and paid to render and provide all inclusive labor and
equipment for the installation of landscape trees, shrubs and groundcover, irrigation repair and
replacement where necessary. A 90 day plant & maintenance establishment period shall be
required on all new plant material. Contractor shall be responsible for the replacement of any
plant or tree that dies or declines to an unacceptable condition within the 90 day plant
establishment period. This shall include the all labor and material.
a. Installation of ground cover
b. Installation of plant material (1, 5 and 15 gallon container)
c. Installation of 24" inch box trees.
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d. Irrigation repair and replacement where necessary within the designated allowance
e. Installation of mulch (Foothill Soil Inc Forest Floor 2-3 " inch cut or equivalent)
f. Planting & Staking of trees per bid Specification prepared by PCLD
g. Planting of shrubs and groundcover per bid specifications prepared by PCLD
h. Hand watering when and where needed to maintain healthy trees and shrubs
i. Traffic control per (Watch manual) while working in the public right of way for
medians and parkways
j. Contractor responsible for all necessary encroachment permits for lane closures
1.05 Contractor recognizes that during the course of this Agreement other activities and
operations may be conducted by other contracted parties. These activities may include, but not
be limited to:
a. Landscape maintenance of all trees shrubs and irrigation not impacted by Rye Fire
b. Irrigation system refurbishment or repair;
c. Construction and/or storm related operations;
d. Emergency response operations;
e. Electrical repairs;
f. Tree Trimming / Tree planting / Tree counting;
j. Integrated pest management / Chemical applications to trees;
1.06 Contractor shall clearly identify each vehicle used within the City of Santa Clarita with
decals on the exterior right and left front door panels identifying the Contractor's name, and
phone number. Contractor shall require each employee to adhere to basic public works
standards of working attire. These are basically; uniforms (matching pants and shirts), proper
shoes, safety vests and other gear required by State Safety Regulations (OSHA), and proper
wearing of the clothing. Shirts shall be buttoned and worn at all times.
1.07 Contractor and employees shall at all times dress in a company uniform that identifies
their employer and exhibit good customer service to City staff, City contracted staff, residents,
and others throughout term of this contract. All communication will be professional in manner
between all parties. The Landscape Maintenance Districts may employ consulting Landscape
Maintenance Inspectors. These consultant monitors will be treated the same as other Special
District staff. Inappropriate communication and service may be cause for contract termination.
1.08 The contractor is required to have a minimum of five (5) years' experience in the
commercial and / or municipal landscape construction and installation field. Vendor is to
provide three (3) references with a similar scope & type of work within the bid response.
1.09 Contractor shall provide cellular and/or radio communication to each crew foreman
and have the ability to connect to City Inspectors and Special Districts representatives.
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1.10 The contractor, and or subcontractors, must possess the following licenses at time of bid
submission; C-27). The bidder will submit copies of the licenses, and certificates or
subcontractor information sheets, indicating licenses held with bid submission.
1.11 The contractor will be required to obtain and pay for any permits that may be required
for the performance of any tasks under this contract.
CERTIFICATIONS/REPORTS/RECORDS
2.01 Payroll and Prevailing Wage Report: Contractor shall complete a Payroll and Prevailing
Wage Certification Report which shall be made available to LIVID concurrent with the all
invoicing. Contractor shall provide the required information in a form acceptable to Special
Districts. The City is requesting that two invoices be submitted by the contractor to Special
Districts. The first at the time of completion of said project. The second upon completion of 90
plant establishment period and upon acceptance after final walk-through.
2.02 Daily Staff Attendance Report: Contractor shall complete a Daily Staff Attendance
Report which shall be made available to Special Districts upon request. This report shall
include the date, names and titles of all on -site staff working on the project site each day.
The final payment will not be made until such report is received by Special Districts upon
request.
2.03 Violation Records: The awarded contractor shall not have two (2) or more Cal-Osha
sustained complaints or four (4) or more California State Contractor Board sustained
complaints within the past four (4) years. A bid response from the awarded vendor that
does not meet these requirements may be considered a non -responsive bid, and the City of
Santa Clarita will proceed to the next lowest bidder. Please supply this information on
Exhibit B, Violation Records.
3. CONTRACTOR'S LIABILITIES
3.01 All damages resulting from Contractor's operation within the LIVID areas shall be
repaired or replaced at Contractor's expense within 48 hours.
3.02 All such repairs or replacements shall be completed within the following time
limits.
a. Irrigation damage shall be repaired or replaced within one (1) watering cycle.
b. All damages to shrubs, trees, turf, or ground cover shall be repaired or replaced
within five (5) working days or sooner as directed by Special Districts.
c. All concrete curb and gutters, stamped concrete safety strips, and stamped concrete
medians, or any appurtenances, shall be repaired.
3.03 All repairs or replacements shall be completed in accordance with the following
maintenance practices.
a. Trees Minor damage such as bark lost from impact of equipment shall be
10
remedied by a qualified tree surgeon or arborist. If damage results in loss of a tree,
the damaged tree shall be removed and replaced at Contractor's expense to comply
with the specific instructions of Special Districts.
b. Shrubs Minor damage may be corrected by appropriate pruning as required in
Section 18, "Shrub and Ground Cover Care," of the Specifications. Major damage
shall be corrected by removal of the damaged shrub and replacement to comply
with the provisions in Section 18 "Shrubs and Ground Cover Care" of the
Specifications.
c. Chemicals Any damage resulting from chemical operations, either spray -drift or
lateral -leaching shall be corrected in accordance with the aforementioned
maintenance practices. Any soil damaged from chemical application shall be
reconditioned or replaced.
SAFETY
4.01 Contractor agrees to perform all work outlined in this Agreement in such a manner as
to meet all California Landscape Industry Standards for safe practices during the
construction and installation operation for medians and parkways and to safely maintain
stored equipment, machines, and materials or other hazards consequential or related to the
work; and agrees additionally to accept the sole responsibility for complying with all local,
City, State or other legal requirements including but not limited to, full compliance with the
terms of the applicable O.S.H.A. and CAL-O.S.H.A. Safety Orders at all times so as to protect
all persons, including Contractor's employees, agents of the City, vendors, members of the
public or others from foreseeable injury, or damage to their property. Contractor shall
inspect all potential hazards at the LIVID areas covered by this Agreement and keep a log
indicating date inspected and action taken.
4.02 It shall be Contractor's responsibility to inspect, and identify, any condition(s) that
renders any portion of the LIVID premises unsafe, as well as any unsafe practices occurring
thereon. Special Districts shall be notified immediately of any unsafe condition that
requires major correction. Contractor shall be responsible for making minor corrections
including, but not limited to:
A. using barricades, signs, caution tape or traffic cones to alert patrons of the existence
of hazards;
B. replace valve box covers so as to protect members of the public or others from
injury.
During hours of operations, Contractor shall obtain emergency medical care for any
member of the public who is in need thereof, because of illness or injury occurring on
the premises. Contractor shall cooperate fully with the City in the investigation of any
accidental injury or death occurring on the premises, including a complete written
report thereof to Special Districts within five (5) days following the occurrence.
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4.03 Under the circumstance that landscape maintenance work be performed in a Caltrans
right of way; including but not limited to freeway onramps and offramps; the contractor
shall adhere to the safety requirements in the Caltrans Maintenance Manual/Protection of
Workers at:
S. HOURS AND DAYS OF MAINTENANCE SERVICES
5.01 The hours of construction shall be 7:00 a.m. to 3:30 p.m. on those days maintenance is
to be provided pursuant to the work schedule approved in advance by Special Districts and
Traffic. No work will be performed on City Legal Holidays unless authorized by Special
Districts Administration in advance (Attachment Q.
5.02 Per State of California Labor Code, Contractor is directed to the following prescribed
requirement with respect to the hours of employment. A legal day's work shall constitute
eight (8) hours of labor under this Agreement, and said Contractor shall not require or
permit any laborer, worker or mechanic, or any subcontractor employed by him to perform
any of the work described herein to labor more than 8 hours during any one day or more
than 40 hours during any one calendar week, except as authorized by Labor Code Section
1815.
6. CONSTRUCTION SCHEDULES
6.01 Prior to the start of construction, the contractor shall submit a proposed work schedule.
Said work schedule shall be set on a weekly basis, identifying and delineating the time
frames for the required functions by the day of the week, morning, and afternoon.
7. SIGNS/IMPROVEMENTS
7.01 Contractor shall not post signs or advertising matter upon the premises or
improvements thereon, unless prior approval therefore is obtained from LIVID Special
Districts.
8. STORAGE FACILITIES
8.01 Special Districts shall not provide any storage facilities for the Contractor. Any
Contractors storage facilities must be located outside of the boundaries of the Zone for
which landscape maintenance services are performed, unless Special Districts determines it
would be in the best interests of Special Districts to waive this restriction.
IRRIGATION SYSTEM REPAIR AND REPLACEMENT
Scope of Work: The contractor shall repair or replace (as needed) any of the following
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(Replacement parts shall match existing material and remain consistent throughout the
medians):
• Irrigation heads
• Bubblers
• Nozzles (stream and spray)
• Risers
• Swing Joints
• Irrigation Control Valve (ICV) Boxes
• Irrigation Control Valves
• Quick Couplers
• Ball and Gate Valves
1. It is the responsibility of the Contractor to keep the plant material alive. If this
requires an extra application of irrigation water, the Contractor is to make the
necessary adjustments and immediately notify The City of Santa Clarita upon doing
SO.
2. All participating bidders will receive a not -to -exceed line item amount of $12,000.00
for irrigation repair and replacement. The successful contractor who is awarded the
project shall only bill for the exact dollar amount used for irrigation. All labor and
material cost shall be documented on the invoice. Irrigation supply invoices shall be
submitted to the City of Santa Clarita upon request. Contractor is permitted a
maximum 15% markup on material.
3. Only The City of Santa Clarita staff, City Monitors, the Contractor Supervisor/
Foreman or Irrigation Technician will have access to all controllers. Enclosures will be
locked/padlocked at all times.
4. All hand watering performed with a hose shall require the hose to have a flow
control that will allow the operator to turn the hose off between watering areas to
minimize any wasted water.
5. During extremely hot weather, long holiday periods, and during construction, the
contractor should provide adequate personnel and materials as required to
adequately water all landscaped areas at no extra cost to The City of Santa Clarita.
When breakdowns or malfunctions exist, the contractor should water manually by
whatever means necessary to maintain all plant materials in a healthy condition.
Overly wet or dry conditions should not be permitted to develop.
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Repairs:
1. All pop-up heads should be assembled on triple swing joints. (Refer to Bid
Specifications
2. When irrigation heads, risers, nozzles, etc. break, they will be replaced with like for
like irrigation heads. Uniformity is of the utmost importance.
3. All remote control valves shall be Superior 950DW brass valves unless other(s) are
accepted by LIVID staff.
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B.
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA
AND
FOR
SAMPLE CONTRACT
THIS MAINTENANCE AGREEMENT ("Agreement") is made by and between the CITY OF
SANTA CLARITA, a general law city and municipal corporation ("CITY") and
("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount as set
forth in the attached Exhibit " ," which is incorporated by reference, for
CONTRACTOR's services. CITY will pay such amount promptly, but not later
than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from , to The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment. printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required of
CONTRACTOR by this Agreement.
C. CONTRACTOR guarantees each portion of the services as installed against
defective materials and workmanship for a period of one (1) year from date of
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CITY's written acceptance of the work. Promptly upon CITY's request within
that one (1) year period, CONTRACTOR agrees to correct by repair or
replacement without charge to CITY any defects which may appear in the work or
any portion thereof. Notwithstanding the foregoing, all guarantees and warranties
obtained by CONTRACTOR from manufacturers and vendors of equipment used
in the performance of the services shall be extended to CITY's benefit for the full
limit of their terms.
4. PREVAILING WAGES.
A. If required by applicable state law including, without limitation Labor Code
§§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776,
CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's
responsibility to interpret and implement any prevailing wage requirements and
CONTRACTOR agrees to pay any penalty or civil damages resulting from a
violation of the prevailing wage laws and to indemnify, defend, and hold harmless
CITY as against any claim, demand, or imposition of penalties, interest, or damages
of any kind arising out of Labor Code § 1726, § 1771.6, or any other provision of
the California Prevailing Wage Law. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon request from
CITY's Engineering Division or the website for State of California Prevailing
Wage Determination at www.dir.ca.s4ov- DLSR/PWD. A copy of the prevailing rate
of per diem wages must be posted at the job site.
B. If this contract is subject to state prevailing wage requirements of the California
Labor Code including Sections 1770 and 1773, then it is also subject to the City's
California Department of Industrial Relations (DIR) approved Labor Compliance
Program. All covered work classifications required in performance of this
contract will be subject to prevailing wage provisions. The Contractors and its
subcontractors shall pay not less than the state wage rates and shall further adhere
to the requirements contained in the City of Santa Clarita's Labor Compliance
Program. A copy of the Labor Compliance Program is available for review upon
request at the Office of the City Clerk. All pertinent state statutes and regulations,
including, but not limited to those referred to in this contract and in the City's
Labor Compliance Program, are incorporated herein as though set forth in their
entirety. Additionally, the Contractor is responsible for obtaining a current
edition of all applicable state statutes and regulations and adhering to the latest
editions of such.
This Work is subject to compliance monitoring and enforcement by the Department
of Industrial Relations. No prime contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor
or subcontractor may be awarded a contract for public work on a public works
project unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5. The Contractor will be required to post job site notices
16
as described in 8 California Code of Regulation section 16451(d).
C. Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act
(INA), which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only
persons who may legally work in the United States (i.e., citizens and nationals of
the U.S.) and aliens authorized to work in the U.S. The employer must verify the
identity and employment eligibility of anyone to be hired, which includes
completing the Employment Eligibility Verification Form (I-9). The Contractor
shall establish appropriate procedures and controls so no services or products under
the Contract Documents will be performed or manufactured by any worker who is
not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has:
Thoroughly investigated and considered the scope of services to be
performed; and
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
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Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined sin le
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will not
be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies of
policies as may be reasonably required by City from time to time. Insurance must
be placed with insurers with a current A.M. Best Company Rating equivalent to at
least a Rating of'`A:Vll." Certificate(s) must reflect that the insurer will provide
thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require
its insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation,
and to delete the word "endeavor" with regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate. In the alternative. should
CONTRACTOR fail to meet any of the insurance re uirements under this
aereement. Citv may cancel the Agreement immediately with no penalty.
F. Should Contractor's insurance required by this Agreement be cancelled at any point
prior to expiration of the policy&ONTRACTOR must notify City within 24 hours
of receipt of notice of cancellation. Furthermore. CONTRACTOR must obtain
replacement coverage that meets all contractual requirements within 10 days of the
prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that
there is no lapse in coverage.
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7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
E61= Y 01:1u 119I74 Y [oleo
A. CITY may terminate this Agreement at any time with or without cause.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should
CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising
out of performance by CONTRACTOR of services rendered pursuant to this Agreement,
CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and
will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or
costs incurred in defense otherwise.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR
will act as an independent contractor and will have control of all work and the manner in which is
it performed. CONTRACTOR will be free to contract for similar service to be performed for other
employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY
and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY
provides for its employees. Any provision in this Agreement that may appear to give CITY the
right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of
control over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
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11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail will
be addressed as follows:
To CITY: City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
To CONTRACTOR:
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to
be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character, nor will it be deemed to constitute a continuing waiver.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or against
either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent
necessary in the opinion of the court to render such portion enforceable and, as so modified, such
portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
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18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon
approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon
CITY until executed by the City Manager. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written agreement.
CITY's City Manager may execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the same
effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
21. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will immediately
terminate without obligation of either party to the other.
22. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there
are additional terms and conditions contained in Exhibit " " that are not in conflict with this
Agreement, those terms are incorporated as if fully set forth above. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
23. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
24. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties
agree that this Agreement may be transmitted and signed by electronic mail by either/any or
both/all Parties, and that such signatures shall have the same force and effect as original
signatures, in accordance with California Government Code section 16.5 and Civil Code section
1633.7.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of
FOR CONTRACTOR:
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
City Manager
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
City Attorney
Date:
CORPORATION:
IN
Print Name & Title
Date:
IF
pit)
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
FOR
This AGREEMENT by and between the CITY OF SANTA CLARITA, a municipal
corporation and general law city ("CITY") and
a
...........................
is dated
CONSIDERATION.
("CONSULTANT"), and
As partial consideration, CONSULTANT agrees to perform the Services listed in the
SCOPE OF SERVICES, below; and
As additional consideration, CONSULTANT and CITY agree to abide by the terms and
conditions contained in this Agreement; and
As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed
dollars ($ ) for
CONSULTANT's Services. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay this sum as specified in the
attached Exhibit(s) " " which is/are incorporated by reference.
SCOPE OF SERVICES.
(A) CONSULTANT will perform Services listed in the attached Exhibit(s)
which is/are incorporated by reference.
CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials, equipment, printing,
vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation,
and all other means whatsoever, except as herein otherwise expressly specified to be furnished by
CITY, necessary or proper to perform and complete the Services and provide the professional
Services required of CONSULTANT by this Agreement.
PERFORMANCE STANDARDS.
By executing this Agreement, CONSULTANT represents that it has demonstrated
trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a
manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and
insurance experience, service experience, completion ability, personnel, current workload,
experience in dealing with private consultants, and experience in dealing with public agencies all
23
suggest that CONSULTANT is capable of performing the proposed contract and has a
demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
CONSULTANT will perform its Services in a skillful manner, comply fully with all City
established criteria, and with all applicable federal, state, and local laws, codes, and professional
standards.
CONSULTANT will staff this Agreement with personnel qualified to adequately and
professionally perform the Services.
CONSULTANT will not subcontract any portion of these Services without the CITY's
prior written approval.
CITY's approval of any payment, or conducting of any inspection, reviews, approvals, or
oral statements, or any governmental entity's certification, will in no way limit the
CONSULTANT's obligations under this Agreement or CONSULTANT's complete responsibility
for all Services hereunder.
PAYMENTS.
For CITY to pay CONSULTANT as specified by this Agreement and as provided in
attached Exhibit(s) " " , CONSULTANT must submit a detailed invoice to CITY which
lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as
set forth in Exhibit(s) " " ) the tasks performed, the percentage of the task completed during
the billing period, the cumulative percentage completed for each task, the total cost of that Services
during the preceding billing month and a cumulative cash flow curve showing projected and actual
expenditures versus time to date.
CITY may withhold all or a portion of payment otherwise due in the event that Services
are either improperly or not performed.
PROJECT COORDINATION AND SUPERVISION.
CONSULTANT will assign as CONSULTANT's Project Manager and
will be responsible for job performance, negotiations, contractual matters, and coordination with
CITY's Project Manager. CONSULTANT may change its Project Manager only with CITY
consent.
CITY will assign as CITY's Project Manager, will be personally in charge
of and personally supervise or perform the technical execution of the project on a day-to-day basis
on behalf of CITY, and will maintain direct communication with CONSULTANT's Project
Manager. CITY may change its Project Manager at any time with notice to CONSULTANT.
NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current Services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT Services beyond the current fiscal year, this Agreement will
cover only those costs incurred up to the conclusion of the current fiscal year.
24
FAMILIARITY WITH SERVICES AND SITE.
By executing this Agreement, CONSULTANT represents that it has:
(i) Carefully investigated and considered the scope of Services to be
performed; and
(ii) Carefully considered how the Services should be performed; and
(iii) Understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement.
(B) If the Services under this Agreement are to be performed upon any site, or otherwise
require CONSULTANT to access a site, by executing this Agreement CONSULTANT represents
that it has or will investigate the site and is or will be fully acquainted with the conditions there
existing, before commencing the Services under this Agreement.
TERM.
(C) The term of this Agreement will be from to
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances: (1) Completion of the Services specified in Exhibit(s)
or (2) Termination pursuant to Section 1S TERMINATION.
(D) Except as otherwise separately and expressly provided by the CITY in writing, the
provisions of this Agreement shall survive any expiration, breach, or termination of this
Agreement, and any completion of the Services.
TIME FOR PERFORMANCE.
CONSULTANT will not perform any Services under this Agreement until:
(E) CONSULTANT furnishes proof of insurance as required under Section 25
INSURANCE; and
(F) CITY gives CONSULTANT a written notice to proceed.
Should CONSULTANT begin Services on any phase in advance of receiving written authorization
to proceed, any such professional Services are at CONSULTANT's own risk.
SCHEDULE OF PERFORMANCE AND EXTENSIONS.
(G) Should the progress of the Services under this Agreement at any time fall behind
schedule for any reason other than excusable delays CONSULTANT shall apply such additional
manpower and resources as necessary to bring progress of the Services under this Agreement back
on schedule and consistent with the standard of professional skill and care required by this
Agreement. Time is of the essence in the performance of this Agreement.
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(H) Should CONSULTANT be delayed by causes beyond CONSULTANT's control,
CITY may grant a time extension for the completion of the contracted Services. If delay occurs,
CONSULTANT must notify the CITY's designated representative within forty-eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The CITY will extend the completion time, when appropriate, for the
completion of the contracted Services.
CHANGES. CITY may order changes in the Services within the general scope of this Agreement,
consisting of additions, deletions, or other revisions, and the contract sum and the contract time
will be adjusted accordingly. All such changes must be authorized in writing, executed by
CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the Services
will be determined in accordance with written agreement between the parties.
ADDITIONAL SERVICES.
(I) The CITY may request CONSULTANT to provide Services in addition to Scope
of Services, called "Additional Services". Additional Services must be authorized by CITY in
writing prior to performance. CONSULTANT shall be compensated for Additional Services as
set forth in Exhibit(s) " " or as specified in the written authorization.
(J) If CONSULTANT believes Additional Services are needed to complete the Scope
of Services, CONSULTANT will provide the CITY with written notification that contains a
specific description of the proposed additional Services, reasons for such additional Services, and
a detailed proposal regarding cost. CITY is under no obligation to approve any increase in the
agreed -upon costs for the performance of this Agreement.
PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain
during the term of this Agreement, all necessary permits, licenses, and certificates that may be
required in connection with the performance of Services under this Agreement.
SITE INSPECTION; DISCOVERY OF HAZARDOUS MATERIALS OR LATENT
CONDITIONS. The discovery, presence, handling or removal of hazardous substances is outside
of CONSULTANT's expertise, unless otherwise specified in Exhibit(s) " " , and is not
included in the scope of Services. Should CONSULTANT discover any hazardous material, or
latent or unknown conditions that may materially affect the performance of the Services,
CONSULTANT will immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
PREVAILING WAGES. The performance of Services under this Agreement may require the
payment of prevailing wages under Labor Code section 1720 et seq. CONSULTANT agrees that
it is familiar with all prevailing wage laws and will comply with them if applicable.
WAIVER. CITY's review or acceptance of, or payment for, Services or product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
26
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
TERMINATION.
Termination for Convenience. CITY may terminate this Agreement at any time with or
without cause by written notice to CONSULTANT.
CONSULTANT will be entitled to recover its costs expended up to the termination
plus reasonable profit thereon to the termination date not to exceed the total costs under Section
1(C), but may recover no other loss, cost, damage, or expense.
Termination for Cause. CITY may terminate this Agreement in whole or part for default
should CONSULTANT commit a material breach of this Agreement, and such breach has not been
cured within fifteen (15) calendar days of the date of CITY's written notice to CONSULTANT
demanding such cure. In the event CITY terminates this Agreement for default, CONSULTANT
will be liable to CITY for all costs to cure the deficiencies, and all loss, cost, expense, damage,
and liability resulting from such breach and termination.
Upon receiving a termination notice, CONSULTANT will immediately cease performance
under this Agreement unless otherwise provided in the termination notice. Except as otherwise
provided in the termination notice, any Services performed by CONSULTANT after receiving a
termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated
to compensate CONSULTANT for such Services.
Upon a termination, all finished or unfinished documents, data, studies, surveys, drawings,
maps, reports and other materials prepared by CONSULTANT will become CITY's property and
CONSULTANT will delivery any such items in its possession to CITY within thirty (30) days of
termination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its
own terms Services similar to those terminated.
OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's property.
CONSULTANT may retain copies of said documents and materials as desired, but will deliver all
original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's Services for purposes other than identified in this Agreement is at CITY's own
risk.
PUBLICATION OF DOCUMENTS. Except as necessary for performance under this
Agreement, CONSULTANT will not release copies, sketches, or graphs of materials, including
graphic art services, prepared pursuant to this Agreement to any other person or public entity
without CITY's prior written approval. All press releases, including graphic display information
to be published in newspapers or magazines, will be approved and distributed solely by CITY,
unless otherwise provided by written agreement between the parties.
INDEMNIFICATION AND LIABILITY.
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To the fullest extent permitted by law, CONSULTANT shall defend (with legal counsel
reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents,
departments, officials, representatives and employees (collectively "Indemnitees") from and
against any and all claims, loss, cost, damage, injury (including, without limitation, economic
harm, injury to or death of an employee of CONSULTANT or its subconsultants), expense and
liability of every kind, nature and description that arise from or relate to (including, without
limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses
and fees of expert consultants or expert witnesses incurred in connection therewith and costs of
investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1)
CONSULTANT's performance of Services under this Agreement, or any part thereof, (2) any
negligent act or omission of CONSULTANT, any subconsultant, anyone directly or indirectly
employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent
rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or
proprietary right of any person or persons in consequence of the use by CITY, or any other
Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any
breach of this Agreement (collectively "Liabilities"). Such obligations to defend, hold harmless
and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole
negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. The
foregoing shall be subject to the limitations of California Civil Code section 2782.8 as to any
design professional services performed by CONSULTANT and in particular the limitation on
CONSULTANT's duty to defend whereby such duty only arises for claims relating to the
negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the
cost to defend whereby CONSULTANT will only bear such cost in proportion to
CONSULTANT's proportionate percentage of fault (except as otherwise provided in section
2782.8).
The foregoing indemnification provisions will not reduce or affect other rights or
obligations which would otherwise exist in favor of the CITY and other Indemnitees.
CONSULTANT shall place in its subconsulting agreements and cause its subconsultants
to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the
exact form and substance of those contained in this Agreement.
ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT or any subconsultant's attempts to assign the benefits or burdens of this
Agreement without CITY's written approval are prohibited and will be null and void.
INDEPENDENT CONTRACTOR. CONSULTANT shall at all times be deemed an
independent contractor wholly responsible for the manner in which it performs the Services, and
fully liable for the acts and omissions of its employees, subconsultants and agents. Under no
circumstances shall this Agreement be construed as creating an employment, agency, joint venture
or partnership relationship between CITY and CONSULTANT, and no such relationship shall be
implied from performance of this Agreement. Terms in this Agreement referring to direction from
CITY shall be construed as providing for direction as to policy and the result of Services only, and
not as to means and methods by which such a result is obtained. CONSULTANT shall pay all
taxes (including California sales and use taxes) levied upon this Agreement, the transaction, or the
Services and/or goods delivered pursuant hereto without additional compensation, regardless of
28
which party has liability for such tax under applicable law, and any deficiency, interest or penalty
asserted with respect thereto. CONSULTANT shall pay all other taxes including but not limited
to any applicable City business tax, not explicitly assumed in writing by CITY hereunder.
CONSULTANT shall comply with all valid administrative regulations respecting the assumption
of liability for the payment of payroll taxes and contributions as above described and to provide
any necessary information with respect thereto to proper authorities. CONSULTANT has no
authority to bind the CITY.
AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to
all Services and matters covered under this Agreement. Those records include, without limitation,
correspondence, internal memoranda, calculations, books and accounts, accounting records
documenting its services under its Agreement, and invoices, payrolls, records and all other data
related to matters covered by this Agreement. CITY and its designees will have free access at all
reasonable times to such records, including the right to audit, examine, and make copies, excerpts,
and transcripts from such records, and to inspect all program data, documents, proceedings and
activities. If CITY receives funds from another governmental entity for the payment in whole or
part of the Services, that governmental entity will have all rights the CITY has under this Section.
CONSULTANT will retain all records subject to this Section for at least three (3) years after
termination or final payment under this Agreement.
INSURANCE. [All insurance terms subject to review and approval of City Risk Manager]
(K) Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
lype of Insurance Limits
Commercial general liability: $1,000,000
Professional liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
(i) Commercial general liability insurance will meet or exceed the
requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Automobile coverage will be written on ISO Business
Auto Coverage Form CA 00 01 06 92, including symbol I (Any Auto). Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance
coverage and to state that such insurance will be deemed "primary" such that any other insurance
that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO
Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30)
days prior written notice to CITY.
We
(ii) Professional liability coverage will be on an "occurrence basis" if such
coverage is available, or on a "claims made" basis if not available. When coverage is provided on
a "claims made basis," CONSULTANT will continue to renew the insurance for a period of at
least three (3) years after this Agreement expires or is terminated. Such insurance will have the
same coverage and limits as the policy that was in effect during the term of this Agreement, and
will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of
CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement, including endorsements,
and such other evidence of insurance or copies of policies as may be reasonably required by CITY
from time to time. Insurance must be placed with California -admitted insurers with (other than
workers compensation) a current A.M. Best Company Rating of at least "A: VII."
Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required
by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the
cost of such insurance from payments due to CONSULTANT under this Agreement or terminate
pursuant to Section 18 TERMINATION. In the alternative, should CONSULTANT fail to meet
any of the insurance requirements under this Agreement, City may terminate this Agreement
immediately with no penalty.
Should CONSULTANT'S insurance required by this Agreement be cancelled at any point
prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of
notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that
meets all contractual requirements within 10 days of the prior insurer's issuance of notice of
cancellation. CONSULTANT must ensure that there is no lapse in coverage.
The CITY shall be entitled to any coverage in excess of the minimums required herein.
INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on
the Services, which will include a schedule update and a short narrative description of progress
during the past month for each major task, a description of the Services remaining and a description
of the Services to be done before the next schedule update.
DISPUTE RESOLUTION.
In the event of any dispute between CONSULTANT and CITY regarding any claim,
demand or request by CONSULTANT for time, money, or additional compensation for any reason
whatsoever CONSULTANT shall submit to CITY, within 21 days of CONSULTANT's first
knowledge of the dispute, a written description of CONSULTANT's claim, demand or request
that provides a narrative of the pertinent events, the contractual basis of the CONSULTANT's
position, pricing calculations (if applicable) and attaches supporting documentation. CITY will
then review the issue and make a decision thereon. If CONSULTANT shall fail to provide timely
notice of any such claim, demand or request, then CONSULTANT shall waive is rights to such
claim, demand or request, unless CONSULTANT can demonstrate a manifest lack of prejudice to
CITY resulting from such late notice. CONSULTANT shall continue its work throughout the
30
course of any dispute, and CONSULTANT's failure to continue work during a dispute shall be a
material breach of this Agreement.
If the CITY denies CONSULTANT's claim, demand, or request in whole or part and
CONSULTANT disagrees, and the claim, demand or request exceeds $50,000 then the parties
shall, as a precondition to initiating litigation, submit the dispute claim, demand, or request to the
Los Angeles JAMS office for non -binding mediation under the appropriate rules. The parties may
agree to any other dispute resolution process. Nothing herein will limit CONSULTANT's
obligation to timely submit to CITY a statutory Government Code Claim, in accordance with
Government Code sections 910 et seq.
NOTICES. All communications to either party by the other party will be deemed made when
received by such party at its respective name and address as follows:
If to CONSULTANT: If to CITY:
ATTN:
City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three days after deposit thereof in the United States mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the time
of actual delivery. Changes may be made in the names or addresses of persons to whom notices
are to be given by giving notice in the manner prescribed in this Section.
CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and
regulations including, without limitation, CITY's Conflict of Interest Code (on file in the City
Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the
CITY pursuant to Section 28 NOTICES of any staff changes relating to this Agreement.
(L) In accomplishing the Scope of Services of this Agreement, all officers, employees
and/or agents of CONSULTANT(S), unless as indicated in Subsection (B), will be performing a
very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest
arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT,
except as indicated in Subsection (B).
Initials of Consultant
In accomplishing the Scope of Services of this Agreement, CONSULTANT will be
performing a specialized or general service for the CITY, and there is substantial likelihood that
the CONSULTANT's Services product will be presented, either written or orally, for the purpose
of influencing a governmental decision. As a result, the following CONSULTANT personnel shall
be subject to the Disclosure Category "1" of the CITY's Conflict of Interest Code:
31
SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained
any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this
Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any
company or person, other than CONSULTANT's bona fide employee, any fee, commission,
percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award
or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may
rescind this Agreement without liability.
THIRD PARTY BENEFICIARIES. CONSULTANT's subconsultants shall agree to be bound
to the terms of the Agreement to the extent of their scope of services, including but not limited to,
terms regarding indemnity and dispute resolution, and shall agree that CITY is deemed an express
third party beneficiaries of their subconsultant agreement. Nothing in this Agreement, however,
shall operate to confer such or similar rights or benefits on persons or entities not party to this
Agreement.
INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with
the laws of the State of California. The exclusive venue for any action involving this Agreement
will be in Los Angeles County.
ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties with respect to the subject matter hereof. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
There is/are ( ) Exhibits (s) to this Agreement. To the extent of a conflict between this
Agreement and one of the Exhibits, the terms of the Agreement shall take precedence. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
RULES OF CONSTRUCTION. Each party had the opportunity to independently review this
Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either party.
SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent
necessary in the opinion of the court to render such portion enforceable and, as so modified, such
portion and the balance of this Agreement will continue in full force and effect.
AUTHORITY/MODIFICATION. The parties represent and warrant that all necessary action
has been taken by the parties to authorize the undersigned to execute this Agreement and to engage
in the actions described herein. To the extent of any contingency above the original Agreement
amount previously approved by the CITY's City Council, additional Services may be added to this
Agreement by an additional authorization executed by both parties. This Agreement may be
otherwise modified by written amendment, which generally requires approval of the CITY's City
32
Council. CITY's City Manager, or designee, may execute any such authorization or amendment
on behalf of CITY.
CAPTIONS. The captions of the sections and paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
DELAY. CONSULTANT shall complete all Services required by this Agreement within the times
specified in the Agreement, except where (1) an event outside of CONSULTANT's reasonable
control causes a delay and (2) CONSULTANT promptly advises CITY of such delay (such prompt
notice to occur no more than 15 days after the first occurrence of the delay). Such events shall be
limited to: acts of neglect by CITY or CITY's agents or by consultants when acting at CITY's
direction; breaches of this Agreement by CITY; Acts of God such as fire and flood; explosion,
acts of terrorism, war and embargo; and other similar causes beyond the Parties' reasonable
control. In the event of an excusable delay the City may elect whether to terminate this Agreement
or extend the time for performance.
PROTECTION OF RESIDENT WORKERS. The CITY actively supports the Immigration and
Nationality Act (INA) which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only persons who may
legally work in the United States (i.e., citizens and nationals of the U.S., and aliens authorized to
work in the U.S.). The employer must verify the identity and employment eligibility of anyone to
be hired, which includes completing the Employment Eligibility Verification Form (Form I-9),
reviewing required proofs of both identify and employment authorization, and retaining the Form
I-9 for the required period. Updated form I-9 information is available at www.uscis.gov . The
CONSULTANT shall establish appropriate procedures and controls so no Services or products
under the Agreement will be performed or manufactured by any worker who is not legally eligible
to perform such Services or employment.
FACSIMILE OR ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE.
The parties agree that this Agreement may be transmitted and signed by facsimile or electronic
mail by either/any or both/all parties, and that such signatures shall have the same force and effect
as original signatures, in accordance with California Government Code section 16.5 and Civil
Code section 1633.7.
STANDARD SUPPLEMENTAL PROVISIONS. Notwithstanding Section 33 ENTIRE
AGREEMENT above, the following Standard Supplemental Provision(s), attached to this
Agreement, is(are) incorporated herein by this reference and takes precedence over any conflicting
provision of this Agreement: [Insert name of any applicable SSP(s), and attach only that
SSP(s)—omit remaining SSP(s). Insert "None" if applicable.]
[SIGNATURES ON NEXT PAGE]
33
IN WITNESS WHEREOF, the parties hereto have executed this contract on the date set forth
below.
FOR CONSULTANT:
M.
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
LIN
City Manager
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
City Attorney
Date:
IF CORPORATION:
am
Print Name & Title
Date:
34
STANDARD SUPPLEMENTAL PROVISION A —DESIGN SERVICES AGREEMENTS
[Omit from all other Agreements]
This STANDARD SUPPLEMENTAL PROVISION supplements that certain Professional
Services Agreement between the CITY OF SANTA CLARITA ("CITY") and
("CONSULTANT"), dated 20
("AGREEMENT")
I. Agreement Section 21 INDEMNIFICATION AND LIABILITY is hereby deleted, and
replaced with the following:
21. INDEMNIFICATION AND LIABILITY.
To the fullest extent pennitted by law, including without limitation Civil Code
sections 2782 and 2782.8, CONSULTANT shall defend (with legal counsel reasonably
acceptable to CITY), indemnify and hold harmless CITY and its officers, agents,
departments, officials, representatives and employees (collectively "Indemnitees") from
and against any and all claims, loss, cost, damage, injury (including, without limitation,
economic harm, injury to or death of an employee of CONSULTANT or its
subconsultants), expense and liability of every kind, nature and description that arise from
or relate to (including, without limitation, incidental and consequential damages, court
costs, attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation) that arise from or relate to,
directly or indirectly, in whole or in part, from: (1) any negligent act or omission of
CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or
anyone that they control; (2) any actual or alleged infringement of the patent rights,
copyright, trade secret, trade name, trademark, service mark or any other intellectual or
proprietary right of any person or persons in consequence of the use by CITY, or any other
Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or
(3) any breach of this Agreement (collectively "Liabilities"). Such obligations to defend,
hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities
are caused by the sole or active negligence or willful misconduct of such Indemnitee, but
shall apply to all other Liabilities.
The foregoing indemnification provisions will not reduce or affect other rights or
obligations which would otherwise exist in favor of the CITY and other Indemnitees.
CONSULTANT shall place in its subconsulting agreements and cause its
subconsultants to agree to indemnities and insurance obligations in favor of CITY and other
Indemnitees in the exact form and substance of those contained in this Agreement.
35
DESIGNATION OF SUBCONTRACTORS
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
City of Santa Clarita, California
Subcontractor DBE STATUS: Dollar Value of Work
Age of firm: Certifying Agency: Annual Gross Receipts:
Location and Place of Business
1I Bid Schedule Item Nos: I Description of Work
License No. I Exp. Date: / / I Phone ( )
Subcontractor DBE STATUS: Dollar Value of Work
Age of firm: Certifying Agency: Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos: Description of Work
License No. Exp. Date: / / Phone ( )
Subcontractor
Age of firm:
Location and Place of Business
n Bid Schedule Item Nos:
License No.
DBE STATUS:
Certifying Agen
Description of Work
Exp. Date:
Dollar Value of Work
Annual Gross Receipt
Phone( )
NOTE: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements
of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this
chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is
not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business
and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to
perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.
W
REFERENCES
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER
has performed work of a similar scope and size within the past 3 years. If the scope of work/specifications
requests refrences different than instructions above, the scope of work/specifications shall govern:
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
2.
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
3.
Name and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
37
ACKNOWLEDGEMENT & ACCEPTANCE OF BID SPECIFICATIONS
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
By providing the three (3) required signatures below, the Contractor acknowledges full
understanding, complete agreement to, and accepts in its entirety, all Bid Specifications for the
Newhall Ranch Road Median Refurbishment. The Contractor will be expected to perform
maintenance practices and uphold the standards herein to the established specifications
throughout the length of the contract.
*Supervisor's Signature: Date:
*Estimator's Signature: Date:
*Owner's Signatu
*All three signatures required
Date:
38
DOCUMENTS CHECKLIST
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
In addition to the items requested for the proposal the following documents are required to be
completed and submitted by the proposer.
DO NOT send more information than is requested.
DO send the REQUESTED information.
• Invitation for Bid page filled out
• Any addendum published through Planetbids — signed form and acknowledgement through
planet bids
• Designation of Subcontractors form — if none, write "n/a';• Do NOTleave blank
• Reference Page
• Exhibit A: Bid Schedule — Use this form for reference ONLY. Pricing must be entered into line items section of
PlanetBids
• Exhibit B: Violation Records
• Required certificates/licenses- seeStatementof Work and Format
• Acknowledgement & Acceptance of Bid Specifications
39
City of Santa Clarita Page 1
Newhall Ranch Road Median Refurbishment (UF-19-20-04), bidding on August 15, 2019 11:00 AM (Pacific) Printed 08/19/2019
Bid Results
Bidder Details
Vendor Name
Conserve LandCare
Address
72265 Manufacturing Rd.
Thousand Palms, CA 92276
United States
Respondee
Kevin Rocker
Respondee Title
VP Construction
Phone
760-343-1433 Ext.
Email
kroc er@cclrlserve�laelci ore.com
Vendor Type
CADIR
Bid Detail
Bid Format
Electronic
Submitted
August 15, 2019 9:28:34 AM (Pacific)
Delivery Method
Planetbids online submission
Bid Responsive
Bid Status
Submitted
Confirmation #
187514
Ranking
0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
File Type
Invintation for Bid.pdf
Invintation for Bid.pdf
Invitation for Bid
Addendum 1pdf
Addendum 1pdf
Addenda
Designation of Subcontractors.pdf
Designation of Subcontractors.pdf
Designation of
Subcontractors form
Reference Page.pdf
Reference Page.pdf
Reference Page
Exhibit A
Exhibit A.pdf
Exhibit A : Bid Schedule
Exhibit B - Violation Records.pdf
Exhibit B - Violation Records.pdf
Exhibit B: Violation Records
CSLB LIC.pdf
CSLB LIC.pdf
Required
certificates/I icenses
Acknowledgement and Acceptance of Bid Specifications. pdf
Acknowledgement and Acceptance of Bid Specifications.pdf
Acknowledgement &
Acceptance of Bid
Specifications
Line Items
Discount Terms no discount
Type Item Code UOM Oty Unit Price Line Total Discount Comment
GENERAL
1 Mobilization/Demobilization. Bonds & Insurance, Utility Coordination & Adjustments (at 5% of total project cost)
LS 1 $10,000.0000 $10,000.0000 $10,000.0000
2 Water Pollution Control and Implement Best Management Practices
LS 1 $2,620.0000 $2,620.0000 $2.620.0000
Subtotal $12,620.0000 $12,620.0000
TRAFFIC ITEMS
City of Santa Clarita
Page 2
Newhall Ranch Road Median Refurbishment (UF-19-20-04), bidding on August 15, 2019
11:00 AM (Pacific)
Printed 08/19/2019
Bid Results
Type
Item Code UOM Qty
Unit Price
Line Total
Discount Comment
3
Traffic Handling & Construction Area Signs
LS 1
S11,000.0000
$11,000.0000
$11,000.0000
Subtotal
$11,000.0000
$11,000.0000
DEMOLITION AND EARTHWORK
4
Clearing, Grubbing & Removals
SF 52000
$0,4500
$23,400.0000
$23,400.0000
5
Earthwork - Soil Excavation & Removal, Transport, and
Disposal of excess soil
CY 154
$20.0000
$3,080.0000
$3,080.0000
Subtotal
$26,480.0000
$26,480.0000
IRRIGATION
6
Replace Irrigation Elements as Needed - $12,000.00 Allowance
LS 1
$12,000.0000
$12,000.0000
$12,000.0000
Subtotal
$12,000.0000
$12,000.0000
PLANTING
7
Planting Area Soil Preparation & Amendments
SF 52000
$0.2000
$10,400.0000
$10,400.0000
8
Groundcover I Gallon - Cotoneaster dammeri 'Lowfast'
EA 304
$8.0000
$2,432.0000
$2,432.0000
9
Shrubs I Gallon - Hemerocallis 'Stella de Oro'
EA 523
$8.0000
$4,184.0000
$4,184.0000
10
Shrubs 5 Gallon - Rhaphiolepis umbel/ala 'Minor'
EA 3108
$18.0000
$55,944,0000
$55,944.0000
11
Shrubs 5 Gallon - Xylosma congestum 'Compacta'
EA 209
$18.0000
$3,762,0000
$3,762.0000
12
24" Box Tree - Podocarpus gracilior
EA 160
$375.0000
$60,000.0000
$60,000.0000
13
24" Box Tree - Gleditsia triacanthos var. inermis 'Shademaster'
EA 5
$375.0000
$1,875.0000
$1,875.0000
14
24" Box Tree - Rhus lancea
EA 1
$375.0000
$375.0000
$375.0000
15
2" Organic Mulch
CY 321
$60.0000
$19,260.0000
$19,260.0000
16
First 90 days of Plant Maintenance and Establishment Period (Day I to Day 90)
SF 89368
$0.0500
$4,468.4000
$4,468.4000
City of Santa Clarita
Newhall Ranch Road Median Refurbishment (UF-19-20-04), bidding on August 15, 2019 11:00 AM (Pacific)
Bid Results
Type Item Code UOM Qty Unit Price
17 Second 90 days of Plant Maintenance and Establishment Period (Day 91 to Day 1
SF 89368 0
Subtotal
Total
Line Total
0
$162,700.4000
$224,800.4000
Page 3
Printed 08/19/2019
Discount Comment
0 Item removed per Q/A 42.3
$162,700.4000
$224,800.4000
EXHIBIT A
CaliforniaCity of Santa Clarita,
Q//LIX��rsuPn:, �l� ;:;da,.. „..„i"I: KMM'SdmBJNtl1S�Y "�i �': •�'.��":... ��^rc ��.�.�..�.....�......""""'.��".^e...�„r°*�.�5�"eWY°r.'Ye'�"Jb4*,�'Jk.nW.e.'rr'w;:c.�"�'..�^...»°.:.'::..:.�.y...:,.��.,�...,,„. �'a'�e.ennp;,flmw;"� ....�.....,..,^TM.^...�.:.. �',:.�„w „L4MP.�mmdr,011
ITEM._.........__... �.�.
ITEM DESCRIPTION „ UNITS �U IVTITy� UNIT COST tp—r
GENERAL M",
�/za o �....,,,,r �'t_,�c;ci� �,.u„r cr,'s i 0
1 t ofar ro ectcost,)L� 1 $10 000.0 $ 00 f 10 000
1 1 $2 620 00 $2,620 00
Jrer rcilu , u
TRAFFIC ITEMS c . �4VNN $11 000.001 $11 000.00 µ
�... ...................... . . . . . . ....... - - - 3 7r<,ffic Handle g & Conssruruor l�iea..... L
DEMOLITION AND EARTHWORK
_.... ........ .... ... _. �...�
4 o • g & rzl c a , f �pC $ 5 $23 400 00
r _....._.. ____ .._.....�_.w.
'
Earthwo(K-Soi Excava & R rnoval Transocit, and DNDasal vi exc 5 C( }54 20.00 0
ww_,.... .. ., .�._.,,,...w�.�.w.......... .....w . , .,�. ,,,,,„..., ,,,,,,,,,�.,.. ,,,,�.. .�.., .�..,
IRRIGATION
$12,00000$1200000
5 pcice rrc.lrn❑ernen� s ! e��c C, a ai. EJ 1 _ _.
PLANTING
Area Soil Prel7arr_}rion & sr enar,�e, 1K
r _ ..._.....Nw..u...._....._.._ _ SF 52,00A $0.20 $10,400.00
n1a f n '
8 Grounaco', r } Gallon.- C c:.....,J ` , rrrµ EA 304 $8.00 $2,432.00
r�bs vEA ! QiIG!1 --t ,. LrvCc�Jf.:;� �� G.�.........,.�« .�< ...��„., .......��'r� $U.00 $4,1 V4.00..
3 � $18.00 $55,944.00
.
1 L ;h ubs 5 a lon - Rhcphio eois - cr.tito '!YEincr' EA ii .
.11... _ . __.
Shrubs Gcllo- xy,osmc, ongesiuni Cor-rp cto' EA 209 $18.00 $3,762.00
12 �4"Box lrr.e-f'odo�ar � rc,crGor EA ;r,(; $375.00 $60,000.00
pus _1
_.......... ........ __ ._.. .. .....v
ni st;�Je: usr r FA $375.00 $1,875.00
1 Box free Gledi,sia frucon',hos c, eT s
m _ _ _ ..... ,, .._
4 Box rre., ,u ea
EA 1 $375.00 $375.00
1.5 � ✓ CY� $60.00 $19,260.00
n.
First 90 days of Plan, tviainfercnce and Establishment� Period iDuy i 10 may 901 SF 89, 6 $0.05 $4,468.40
17 Second 90 days of Ploni Vairi[e� a �ce a 1d �Fstablishr-nenI Period (Day 9' fo Day � SF £39 3F,8S $0.00 $0.00
TO, TA ,;f $224,800.40
��,a:,—.:.....
REFERENCES
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER
has performed work of a similar scope and size within the past 3 years. If the scope of work/specifications
requests refrences different than instructions above, the scope of work/specifications shall govern:
1. New Elementary School No. 7 (AKA Richard R. Oliphant Elementary School) 42100 Gore St, Indio, CA. 92201
Name and Address of Owner / Agency
Patrick Cisneros - 760-777-4200
Name and Telephone Number of Person Familiar with Project
$1,155,967.00 Landscape and Irrigation
8/22/2018
Contract Amount Type of Work
Date Completed
Palomar College North Education Center 35090 Horse Ranch Creek Road, Fallbrook, CA. 92028
2.
Name and Address of Owner / Agency
John Phillips - 760-744-1150 ext. 3714
Name and Telephone Number of Person Familiar with Project
$1,714,408.52 Landscape and Irrigation
6/22/2018
Contract Amount Type of Work
Date Completed
Box Springs Elementary School Slope Renovation 11900 Athens Dr. Moreno Valley, CA. 92557
3.
Name and Address of Owner / Agency
Seaburn Boone 951-571-7800 ext. 17977
Name and Telephone Number of Person Familiar with Project
$378,174.36 Landscape and Irrigation
8/20/2018
Contract Amount Type of Work
Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
Argonaut Insurance Services, c/o CMGIA - Desert Empire Insurance Services, Attn: Sal Sandoval
77564 Country Club Dr. #B-401, Palm Desert, CA. 92211 - 760-360-4700
37
Exhibit B: VIOLATION RECORDS
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
1) The last six (6) months of tailgate safety meeting sign -in sheets and topics covered must be
made available UPON REQUEST. (Do not send with proposal submission at this time.)
2) In the year of 2018, what was the longest stretch of days worked without an accident in the
landscape maintenance division?
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3) Please provide any sustained complaints made to your company within the past four (4) years to
Cal -OSHA.
4) Please provide any sustained complaints made to your company within the past four (4) years to
the California State Contractor Board in regards to your C-27 license.
DESIGNATION OF SUBCONTRACTORS
Bid # UF-19-20-04
Newhall Ranch Road Median Refurbishment
City of Santa Clarita, California
Subcontractor N/A DBE STATUS:
Age of firm: Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos: 7Description
of Work
I License No.
Exp. Date: / /
Phone ( )
Subcontractor N/A DBE STATUS:
Age of firm: Certifying Agency:
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos: Description of Work
License No.
Exp. Date: / / Phone ( )
Subcontractor N/A DBE STATUS: Dollar Value of Work
Age of firm: Certifying Agency: Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos:
Description of Work
License No.
Exp. Date: / /
Phone ( )
NOTE: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements
of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this
chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is
not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business
and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to
perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded.
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ADDENDUM #1
For
City of Santa Clarita Invitation to Bid
U F-19-20-04
Newhall Ranch Road Median Refurbishment
August 12, 2019
This addendum must be acknowledged via Planet Bids and should be included with the bid response.
There was a non -mandatory, pre -bid meeting on July 29, 2019 beginning at 1:00 PM. The meeting was
located at Corporate Yard, 25663 Avenue Stanford, Santa Clarita, CA 91355.
Attending staff:
• Wayne Smith - Project Development Coordinator, Neighborhood Services
• Mary Alice Boxall -Labor Compliance Specialist, Public Works
• Melody Bartlette - Buyer, Administrative Services
The following vendors were in attendance:
• Fred Lopez — Prime Point Contracting, Inc.
The following was reviewed:
• Site History
• Project Outline
• Labor Compliance
■ All workers employed on public works projects must be paid the prevailing wage according to
the type of work and location of the project, and to follow apprenticeship guidelines. The
prevailing wage is based on the first date of bid advertisement. This bid was advertised on
7/18/2019 so the Director's Wage Determinations 2019-1, along with any predetermined
increases, are in effect.
■ Journeyman and Apprentice wage sheets can be found at
https://wwV.dir.ca, ov/OPRL DPreWa eDetermination.ht i,,
■ Additional information including apprenticeship requirements is available on the Public
Works FAQs at https://www.dir.ca. ov/Public-Works/Publ ,,.; orksSB854FA .ht - i
• Traffic / Lane Closures: 8:30am — 3:30pm
• Start Date / Working Days / Completion Date
• Specifications: (As Per Plan)
• Grubbing — Myoporum, Myoporum roots, stumps, plants where needed
• Grading — existing grade to be maintained. Fill holes, soil generated from planting
• Plant material, Quantities, Location, Accepting & Rejection (3840)
• Trees, Quantities, Locations, Staking, Accepting & Rejection (166)
Bid # UF-99-20.04 1
• Cotoneaster—G round Cover (304)
• Irrigation —12K Cap
• Mulch - Estimated at approximately 3000 square feet. Foothill Soil
• Landscape Monitor— Bryan Smith
The following questions were asked and answered:
Q1) Is traffic control required on BOTH sides of the median or just one side?
A) Number 1 lanes in both direction maybe closed at the same time. Contractor must begin the lane
closure at 8:30 am and all lanes shall be reopened at 3:30 pm.
Q2) Out of the $12k allotted for irrigation, will the contractor get back charged for what we don't use?
A) You will only bill for what you douse. This is a "Not to Exceed" amount. Contractor will only bill
for material and labor used on the project.
Q3) Should we provide unit pricing for irrigation?
A) No. The awarded contractor will be required to provide unit pricing for all parts used on the job.
There is a max of 15% markup on materials.
Q4) What is the project start time?
A) Start date, completion date, and 90 day plant establishment and maintenance period will be
determined after the contract has been awarded on September 10, 2019 and will be included in
the contract.
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Cone or'4presentative Date
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Company Name
ACKNOWLEDGEMENT & ACCEPTANCE OF BID SPECIFICATIONS
Bid # UF-I9-20-04
Newhall Ranch Road Median Refurbishment
By providing the three (3) required signatures below, the Contractor acknowledges full
understanding, complete agreement to, and accepts in its entirety, all Bid Specifications for the
Newhall Ranch Road Median Refurbishment. The Contractor will be expected to perform
maintenance practices and uphold the standards herein to the established specifications
throughout the length of the contract.
*Supervisor's Signature.
*Signature: *Estimator's
*Owner's Signature:- " '� Date:,++
*A11 three signatures required