HomeMy Public PortalAbout13) 7I Longden Ave. Sewer Project (2)City Council
January 7, 2014
Page 2 of 5
4. In October 2011, field investigation and preliminary concept design activities were
completed.
5. On June 19, 2012, City Council approved the agreement with Transtech
Engineering (Transtech) for: City Engineer/Public Works and related capital project
services to provide the necessary assistance to staff and ensure that the City
implements projects in a timely manner; and expends funds in accordance with
EPA requirements.
6. In July 2013, EPA reviewed the Longden Avenue Sewer Replacement Project
(CIP No. POS-07) Plans and Specifications and notified Transtech to finalize
Project Design.
7. In July 2013, Project Design, including Project Plans and Specifications, were
completed by Transtech for the Longden Sewer Replacement Project (CIP No.
POS-07).
8. On August 20, 2013, the City Council reviewed and accepted the Project Plans
and Specifications for the Longden Avenue Sewer Replacement EPA Federal
Funded Project (CIP No. POS-07); and authorized City Staff to advertise the
Project for Construction Bids.
9. In September 2013, based on comments received from EPA, plans were finalized
and final bid package was submitted to EPA for approval.
10. On October 14, 2013, EPA informed the City that the bid package was approved.
11. On October 25, 2013, the City requested publishing of the Bid Notice in Temple
City Tribune on November 1 and November 7, published the Bid Notice on the
City's Website, and Transtech requested publishing of the Bid Notice at various
contractor trade publications, with a deadline of December 4, 2013.
12. On November 24, 2013, per bid inquiries received from plan holders, an
Addendum was issued informing potential bidders of clarification of Bid Schedule.
13. As of December 4, 2013, the plan holders list included the following companies:
Western Waterworks Supply Co.
Vasilj, Inc.
Zebron
SRD Engineering, Inc.
Ramona, Inc.
VCI Construction, Inc.
Bid Clerk Electronic Bid Room
McGraw Hill Construction
PALP Inc. (DBA Excel Paving Company)
Los Angeles Engineering, Inc.
Mission Clay
Mike Prlich & Sons, Inc.
Blois Construction, Inc.
iSqFt Planroom
Reed Construction Data
The Blue Book Bldg. & Canst. Network
City Council
January 7, 2014
Page 3 of 5
14. On December 4, 2013, Transtech conducted the bid opening for the project. The
following eight bids were submitted by the 11 :00 am deadline:
Bid Amount Bidder Name Total Bid
Ranking Amount
1 PALP Inc. (DBA Excel Paving Company) $407,771.00
2 Ramona, Inc. $432,687.50
3 Vasilj, Inc .. $444,420.00
4 Blois Construction $453,283.00
5 Gentry Brothers $468,775.00
6 Mike Prlich & Sons, Inc. $471 ,680.00
7 Ahron Valverde $479,350.00
8 Vasily Company, Inc. $564,444.00
ANALYSIS:
The Longden Avenue Sewer Replacement Project (Project) has been an identified need
since 2008 when the Sewer Master Plan was completed. However, the Project was
delayed pending the Rosemead Boulevard redesign. The Rosemead Boulevard Project
is proceeding on schedule and the Longden Sewer Replacement Project is being
coordinated with the Rosemead Boulevard construction.
The Project will replace approximately 1,725 linear feet of sewer line located on
Longden Avenue between Encinitas Avenue and Rosemead Boulevard. The Longden
sewer line is at capacity, and the unincorporated area to the north is adding an extra
load on the already undersized lines. The City's sewer collection system is beyond its
life expectancy and may be operating with structural damage. The project will address
these concerns and help prevent groundwater contamination in order to continue
protecting public health.
Due to the use of EPA funds, the Project plans have been processed through EPA for
their review and approval. This process required additional time and was completed
July 2013. The programmed budget for this Capital Improvement Project (CIP) is
$594,000, of which $194,000 is available through funding from EPA, and the remaining
$400,000 is covered by the City's Sewer Replacement Fund. The Project budget will
cover all Project costs. If necessary, the Project length will be adjusted to the extent of
available funds. Since the Project is being built in segments from manhole to manhole,
work will start from upstream with the new large pipe sizes, and extend the Project to
the length that can be built within the available budget. The bid schedule is a quantified
bid schedule based on pipe length, necessary adjustments in the Project length will be
made based on the final cost to keep the Project within budget. As an alternative, if
City Council
January 7, 2014
Page 4 of 5
additional funding is needed, a request would be presented to the City Council for
consideration.
Transtech conducted an apparent low bidder analysis as follows:
• Checked the summation of bid prices. The bid analysis results are attached
herewith. The analysis determined that the PALP, Inc. (dba Excel Paving
Company) bid is the lowest responsive bid for the project;
• Checked with the bonding company to verify the bidder is properly bonded;
• Checked State Contractor's Licensing Board to verify that the bidder 1s
properly licensed;
• Checked Federally Excluded Parties List System (EPLS) to verify that the
bidder is not excluded from bidding federally funded projects;
• Checked three references provided by the bidder; and
• Reviewed Labor Compliance and EPA compliance documents submitted with
the bid and found to be in compliance.
Based on the above bid analysis, the apparent lowest bid submitted by PALP Inc. (DBA
Excel Paving Company) in the amount of $407,771, was established as the lowest,
responsive and responsible bid.
Construction of the replacement sewer line will be performed in segments and will take
approximately 30 working days to complete. During the installation, the existing service
laterals to adjacent homes will be disconnected, resulting in temporary service
disruption of the sewer for those properties. To minimize the disruption time for
residents, the construction will be phased so that only one segment of sewer is out at
one time, with the sewage flow being diverted to a bypass lane, or by pump truck. The
City Council's acceptance of the bid submitted by PALP Inc. (DBA, Excel Paving
Company) will ensure that construction of the project is completed by the end of March
2014.
CONCLUSION:
The City Council is requested to accept the bid for the Longden Avenue Sewer
Replacement Federal Funded Project (Grant ID No. XP-OOT60601-0; Bid No. P08-07;
CIP No. P08-07) submitted by PALP Inc. (DBA, Excel Paving Company) in the amount
of $407,771 as the lowest, responsive and responsible bid; and authorize the City
Manager to execute a Standard Public Works Construction Contract with PALP Inc.
(DBA Excel Paving Company). The completion of the Project allows the City to correct
longstanding infrastructure deficiency issues associated with inadequate sewage flow
within the Project area.
City Council
January 7, 2014
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FISCAL IMPACT:
On June 4, 2013, the City Council approved the Fiscal Year (FY) 2013-14 City Budget,
which included a budget carry-over of $594,000 for the Longden Avenue Sewer
Replacement in the Capital Improvement Program (CIP No. POS-07). The funding
includes $400,000 from the Longden Avenue Sewer Replacement Fund and $194,000
from the EPA grant.
ATTACHMENTS:
A. Low bid submitted by PALP, Inc.
B. City of Temple City Standard Public Works Construction Contract
C. Temple City Sewer Master Plan-Longden Sewer Improvement Priority Map
and agrees to perform, within the time stipulated, the contract, including all of its
component parts, and everything required to be performed, and to provide and furnish any
and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility
and transportation services necessary to perform the contract and complete in a
workmanlike manner, all in strict conformity with the Contract Documents on file at the
office of the City Clerk of said City, per the following bid schedule (Bidder shall provide a
bid amount for each bid item. Failure to provide a bid for each bid item shall render the bid
non-responsive):
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BIDDI:~SHAL.l.COMPLETE.AND SUBMIT ALLDOGuMENT_Sj>.NfJPAGEs.lNTHisSECTION "C.·BIDDE;R'SPRQP!J~AL''
Item
No.
4
5
Est.
Qty.
1,725
-9-8
Unit
LF
EA
BID SCHEDULE (Updated per Addendum 1)
Description
Per Plan and Specifications furnish all labor,
material and equipment necessary to construct
New 15-inch Diameter Extra Strength
Vitrified Clay Pipe (VCP) as noted on the
plans; Including: POTHOLING EXISTING
LOCATIONS WHERE PIPE CROSSINGS
OCCUR, excavation, disposal of excess
materials (including existing sewer pipe),
installation of pipes and fittings, control of
ground and surface water, and/or bypass
water, bedding, backfill and compaction,
removal, abandonment or protection of
interfering portions of existing utilities or
improvements, temporary asphalt pavement,
temporary and permanent support of utilities,
and all other appurtenances necessary.
Per Plan and Specifications furnish all labor,
material and equipment necessary to construct
Sewer Manhole Lining with SANCON 100
Coating per manufacturer's instructions as
noted on the plans; Including: excavation,
disposal of excess materials (including existing
sewer manhole and base), control of ground
and surface water, and/or bypass water,
bedding, backfill and compaction, adjust
manhole to finished grade, removal,
abandonment or protection of interfering
portions of existing utilities or improvements,
temporary and permanent support of utilities,
and all other appurtenances necessary.
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Unit Price Total Price
$1?5-$ 2~2615-
$..l.QQ_O -$ Noco ......
BIDDER SHALL COIVIELETE AND Sl)BMIT:AlLDbcU\'vii:NT$ANI;ll"AG.ESIN THIS SECTION "C. EIIDDER!Sf'RPffPSA~"
BID SCHEDULE (Updated per Addendum 1)
Item Est. Unit Description Unit Price Total Price No. Qty.
PeF Plan and Sf"eeifiealiens fl!misR all lai3GF;
FAa!eFial and SEJl1ipFAeAI neeessaFy le Reme>.ffi
ami Rep lase Gtub ami GutteF as neled en
IRe plans; lnsludin§: EieFAelilien, SJ(Gavatioo, N/A N/A
g 20 jd; Elispesal ef exsess FAaleFials, feFAAwefk, Deleted .Deleted
eeEidin§, eaek.fill anEI G8FAf"aG!ieR, FeFAeval, from Work from Work
aeanEienFAenl SF pFeteelien ef inleFfeFiR§
f"8Risns sf lllililies SF iFAj3FS¥9FASR!S, a REI all
e!ReF aj:lpl!Fienanees nesessaFy.
Per Plan and Specifications furnish all labor,
10 8,625 SF material and equipment necessary to $_s:_:_ $ L.f31Z~~ Reconstruct Asphalt Concrete Pavement
Over Trench.
Pef Plan anEI :ilf"eeifiealisns tumisf1 all laeeF,
FAaleFial anEI SEJllipFAenl neeessaF'f Is Remeve
ami Ref" lase Peftland Gens Fete Cement
Sidewall< as nsleEI en IRe plans; lnell1Eiin§: N/A N/A
'1-4 +e gr;. EleAAelilien, SJ(Gavalien, Elispesal ef 8lWeSS Deleted Deleted FAalerials, feFAAWeFII, l:leEIEiin§, l:lael>fill a REI from Work trom Work esAApaelieR, F8FA8Val, ai:lanEieRFAenl 8F
pfsleelisA sf iAleR'efiA§ j:l8Ftiens sf utilities sf
iFAj:lf9V8FA8AIS, anEI-all elf1ef appufienanoes
neeessaw
PeF Plan anEI :>peeifiealiens fliFRiSR all lai:leF,
AAaleFial anEI eEJt~ij:lAAeAI neeessafy le Replase
HanEiieap Ramp as neleEI SR !Fie 13lans;
lnGiliEiiA§: EieFAslilieA, eJmavalieA, EiiSj:l8Sal sf N/A N/A
~ 4-€A 9JEG9SS FAalefials, f9FFR'N8fl~, l:leEIEiiA§, eaellfill Deleted Deleted
anEI seFAJ3aelisR, FeFAeval, aiaaREiSAFASAi Sf from Work from
J3Feleetien ef inleffefiA§ pefiiens ef utilities sF
iFAj3F8\18FA8AIS, aAEI all stRef aj3j3UR8f1Gf1ees
R968SSafJ'.
TOTAL BID AMOUNT IN NUMBERS: $ t.f0ll71 -
TOTAL BID AMOUNT IN WORDS: fvur hvY1~veA j:OVfn thtvJ(;!nA S.Pven
~ vr.&ru-1 S.tve(]h/ oVJe dotlctY.S
The foregoing quantities are approximate only, being given as a basis for the
comparison of bids, and the City does not expressly or by implication agree that the
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actual amount of work will correspond therewith, but reserves the right to increase or
decrease the amount of any class or portion of the work or to omit portions of the work
as may be deemed necessary or advisable by the Engineer. All bids will be compared
on the basis of the Engineer's estimated quantities of work to be performed.
The BIDDER agrees that the Agency reserves the right to increase or decrease the
amount of any quantity shown and to delete any item from the contract and pay the
contractor at the bid unit prices so long as the total amount of change does not exceed
twenty-five percent (25%) plus or minus of the total bid amount for all bid items. If the
change exceeds twenty-five percent (25%) a change order may be negotiated to adjust
unit bid prices. It is agreed that the unit and/or lump sum prices bid include all
appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the
amount bid, unit prices shall govern over extended amounts, and words shall govern
over figures.
The bid prices shall include any and all costs, including labor, materials, and all other
incidental costs to complete the project, in compliance with the Bid and Contract
Documents and applicable standards. All other work items not specifically listed in the
bid schedule, but necessary to complete the work per bid and contract documents and
applicable standards are assumed to be included in the bid prices. BIDDER
understands that a bid is required for the entire work, that the quantities set forth in the
Bid Schedule are to calculate total bid amount, and that final compensation under the
contract will be based upon the actual quantities of work satisfactorily completed.
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! BIDDER SHALL COMPLETE AND SUBMITALL DO\lUMENTSAND f'jl.GESfNTHISSECTION ''C. BIDDER'S PEQf'Qst\t''
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of
one-half of one percent of the bid and to procure materials and equipment from
suppliers and vendors as follows·
Subcontractor Information Work to be Performed Dollar Amount
Name: '2e!?ror1 lv\e;" II ole lll'li "j Address: Po $ 11 (,0{) ~ 6v)G U7t..f, !Jet.upa,t &aJ.,_,c~<-ti'; it, s-;
Tel: '11 '-!· 1o3z..: IOCoq 0
Name ,<;vwriur tl'lvel\lt{(t' tv\~V~I\0(-' strip' n5 t-Address: ' ~ $ 3170-~11;T(i\,jOruJS .st. u.wu•fJ (A ")ObJc
f\-\W F-i:f Tel: 1 t(f 4~(. q, DO I
Name:
Address: $
Tel:
Name:
Address: $
Tel:
Name:
Address: $
Tel:
Name:
Address: $
Tel:
Name:
Address: $
Tel:
Total Subcontract Amount (shall not exceed 49% of Total Bid Amount) $ 2DlJ D-
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BIDDER SHALl.. COMPLETE AND SOSIVUTALL DOCQMENTS..AND PAGES IN THIS SECTION ... C. BIDDE!j)seRPPOSAL'' .
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their
provisions in this Proposal:
Addendum No. __ __J_ _____ Dated \\\,n4l3
Addendum No. Dated ______ _
Addendum No. Dated, ______ _
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that all previous contracts or subcontracts, all reports which may have
been due under the rt'lquirements of any Agency, Site, or Federal equal employment
opportunity orders have been satisfactorily filed, and that no such reports are currently
outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider
minority business enterprises for those portions of work to be subcontracted, and that
such affirmative actions have been fully documented, that said documentation is open
to inspection, and that said affirmative action will remain in effect for the life of any
contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will
be taken to meet all equal employment opportunity requirements of the contract
documents.
NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as
principals are those named herein: that no officer, agent, or employee of the City of
Temple City is personally interested, directly or indirectly, in this proposal; that this
proposal is made without connection to any other individual, firm, or corporation making
a bid for the same work and that this proposal is in all respects fair and without collusion
or fraud.
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B .. IDJJERS.· HALL C.OMP. L.ETE ANDSUBMITAll D. b.CUMENT.s ..... ANDPAGE~INTHISSECIION "C .. BIDOER'SPROPOSAl"
--"•' -----------------·-"'""'-•'''--··-~---'-
EPA SPECIAL INFRASTRUCTURE GRANT REQUIREMENTS
Following forms must be signed and submitted, See Appendix B for details for EPA
Special Infrastructure Grant ReqL)irements.
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CONTRACT DOCUI,ENTS, PlANS AND SPECIFICATIONS FOR LONGDEN AVENUE SEWER REPLACEMENT PROJECT, NOTICE INVITING BID NO.: P08-07 Document Control Page 13 of 118
! BIDDERSH}\LLGOMPLETE AND SUBMITAt.I DOCUMENT$ AND PAGES IN THIS SECTiON·. ''C. BIDDER'S Pl{bi>.QSAI..''
.EPA SPECIAL INFRASTRUCTURE G.RANT REQUIREMENTS
Following forms must pe signed and submitted. See Appendix B for details for EPA
Special Infrastructure Grant Requirements.
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ATTACHMENT B
BID NO.: POS-07
LONGDEN AVENUE SEWER REPLACEMENT PROJECT
IN THE CITY OF TEMPLE CITY
THIS AGREEME":JT "Agreement" is made and entered into this_7th_ day of
_January, '-o i '-t, by and between the CITY OF TEMPLE CITY, a Municipal
Corporation located in the County of Los Angeles, State of California hereinafter called
CITY, and PALP Inc. (bda Excel Paving), [a corporation, located at 2230 Lemon Ave.,
Long Beach, CA 90806] hereinafter called CONTRACTOR, collectively referred to an
the Parties.
RECITALS
CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or
before _December 4, 2013, _for the following:
BID NO.: POB-07
LONGDEN AVENUE SEWER REPLACEMENT PROJECT
IN THE CITY OF TEMPLE CITY
in the City of Temple City, California, hereinafter called PROJECT.
At _11 :00 A.M._ on said date, in the Temple City Clerks' Office, said bids were duly
opened.
At its regular meeting held on _January 7, 2014, _the CITY Council duly accepted the
bid of CONTRACTOR for said PROJECT as being the lowest reasonable bid received
and directed that a written contract be entered into with CONTRACTOR.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and
agreements herein contained, said parties do hereby agree as follows:
ARTICLE I
The CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting
Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special
Provisions, Plans, CONTRACTOR's Proposal, and all referenced specifications, details,
standard drawings, and appendices, together with this contract and all required bonds,
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LA #4814-2634-9072 vl
insurance certificates, permits, notices and affidavits, and also including any and all
addenda or supplemental agreements clarifying, amending, or extending the work
contemplated as may be required to insure its completion in an acceptable manner.
All of the rights and obligations of the CITY and CONTRACTOR are fully set forth and
described in the CONTRACT DOCUMENTS.
All of the above-mentioned documents are intended to complement the other
documents so that any work called for in one, and not mentioned in the others, or vice
versa, is to be executed the same as if mentioned in all of said documents. The
document comprising the complete contract are hereinafter referred to as the
CONTRACT DOCUMENTS and are incorporated herein by this reference and made
and part hereof as though they were fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements be made and performed by
CITY, CONTRACTOR hereby agrees to furnish all materials and perform all work
required for the PROJECT and to fulfill all other obligations as set forth in the
CONTRACT DOCUMENTS.
ARTICLE Ill
CONTRACTOR hereby agrees to receive and accept the total amount FOUR
HUNDRED SEVEN THOUSAND, SEVEN HUNDRED SEVENTY-ONE DOLLARS
($407,771.00), based upon those certain unit prices set forth in CONTRACTOR's Bid
Schedule, a copy of which is attached hereto as Exhibit "A" and by this reference
incorporated herein and made a part hereof, as full compensation for furnishing all
materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the work during its progress or prior to its acceptance including
those for well and faithfully completing the work and the whole thereof in the manner
and time specified in the CONTRACT DOCUMENTS, and also including those arising
from actions of the elements, unforeseen difficulties or obstructions encountered in the
prosecution of the work, suspension or discontinuance of the work, and all other
unknowns or risks of any description connected with the work. CITY shall retain five
percent (5%) of said contract price until said time as the provisions of Article XIV herein
have been met.
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR
to provide the materials, do the work, and fulfill the obligations according to the terms
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LA #4814-2634-9072 vl
and conditions herein contained and referred to, for the said amounts set forth in Article
Ill hereof, and hereby agrees to pay the same at the time, in the manner, and upon the
conditions set forth in the CONTRACT DOCUMENTS.
In addition, CONTRACTOR hereby promises and agrees to comply with all of the
provisions of both State and Federal law with respect to the employment of
unauthorized aliens.
Should CONTRACTOR so employ such unauthorized aliens for the performance of
work and/or services covered by this contract, and should the Federal Government
impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR
hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed,
together with any and all costs, including attorney's fees, incurred by the CITY in
connection therewith.
Furthermore, CONTRACTOR hereby represents and warrants that it is not currently,
and has not at any time within the past five (5) calendar years been, suspended,
debarred, or excluded from participating in, bidding on, contracting for, or completed
any project funded in whole or in part by any federally funded program, grant or loan, or
any project funded in whole or in part by a program, loan or grant from the State of
California, and that CONTRACTOR currently has and for the past five (5) calendar
years has maintained in good standing, a valid California contractor's license.
CONTRACTOR agrees to complete and execute any statement or certificate to this
effect as may be required by the City or by any federal or State of California program,
loan or grant utilized on this project.
ARTICLEV
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to
be issued to said CONTRACTOR by the Director of Public Works of CITY and shall
complete work on the PROJECT within Thirty (30) working days after commencement.
ARTICLE VI
CONTRACTOR shall not discriminate in its recruiting, hiring, promotion, demotion or
termination practices on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex,
age, or sexual orientation in the performance of this AGREEMENT and shall comply
with the provisions of the California Fair Employment and Housing Act as set forth in
Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil
Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto;
Executive Order 11246; and all administrative rules and regulations issued pursuant to
such acts and order.
CONTRACTOR hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in
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connection therewith, shall not employ unauthorized aliens as defined therein. Should
CONTRACTOR so employ such unauthorized aliens for the performance of work and/or
services covered by this AGREEMENT, and should the Federal Government impose
sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby
agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed,
together with any and all costs, including attorney's fees, incurred by the CITY in
connection therewith.
ARTICLE VII
CONTRACTOR is aware of and agrees to abide by the provisions of California Labor
Code Sections 1720, et seq., as well as 1771, 1773, 1773.1, 1773.6, 1773.7, 1775 and
1776, pertaining to the obligation to pay prevailing wages with respect to the
performance of work. Copies of the prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work for each craft are available upon request
from the City. A copy of the prevailing rate of per diem wages shall be posted at the job
site. If such posting is not possible, a copy shall be posted at the business of the
CONTRACTOR.
ARTICLE VIII
A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as
soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents or
employees have knowledge and reporting is possible, of the discovery of any of
the following conditions:
1. The presence of any material that the CONTRACTOR believes is
hazardous waste, as defined in Section 25117 of the Health and Safety
Code;
2. Subsurface or latent physical conditions at the site differing from those
indicated in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of this character provided for in this Contract.
B. Pending a determination by CITY of appropriate action to be taken,
CONTRACTOR shall provide security measures (e.g., fences) adequate to
prevent the hazardous waste or physical conditions from causing bodily injury to
any person.
C. CITY shall promptly investigate the reported conditions. If CITY, through its
Director of Public Works, or her designee, and in the exercise of its sole
discretion, determines that the conditions do materially differ, or do involve
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LA #4814-2634-9072 vi
hazardous waste, and will cause a decrease or increase in the CONTRACTOR's
cost of, or time required for, performance of any part of the work, then CITY shall
issue a change order.
D. In the event of a dispute between CITY and CONTRACTOR as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the CONTRACTOR's cost of, or time required for, performance of any
part of the work, CONTRACTOR shall not be excused from any scheduled
completion date, and shall proceed with all work to be performed under the
Contract. CONTRACTOR shall retain any and all rights which pertain to the
resolution of disputes and protests between the parties.
ARTICLE IX
CONTRACTOR shall assume the defense of and indemnify and save harmless the
CITY, its elective and appointive boards, officers, agents and employees, from all
claims, loss, damage, injury and liability of every kind, nature and description, directly or
indirectly arising form the performance of the CONTRACTOR's work, regardless of
responsibility of negligence; and from any and all claims, loss, damage, injury and
liability, howsoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the contract, regardless of responsibility of negligence;
provided
(a) That CITY does not, and shall not, waive any rights against
CONTRACTOR which it may have by reason for the aforesaid hold-
harmless AGREEMENT because of the acceptance by CITY or the
deposit with CITY by CONTRACTOR, of any of the insurance
policies hereinafter described in this AGREEMENT.
(b) That the aforesaid hold-harmless AGREEMENT by CONTRACTOR
shall apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, by reason of any of the
aforesaid operations of CONTRACTOR, or any subcontractor,
regardless of whether or not such insurance policies shall have
been determined to be applicable to any of such damages or claims
for damages.
ARTICLE X
CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY a
bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent
(1 00%) of the contract price thereof conditioned upon the faithful performance of this
contract and upon the payment of all labor and materials furnished in connection with
this contract.
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ARTICLE XI
CONTRACTOR shall not commence work under this contract until CONTRACTOR shall
have obtained all insurance required by the CONTRACT DOCUMENTS and such
insurance shall have been approved by CITY as to form, amount and carrier, nor shall
CONTRACTOR allow any subcontractor to commence work on any subcontract until all
similar insurance required of the subcontractor shall have been so obtained and
approved.
(a) COMPENSATION INSURANCE -CONTRACTOR shall take out
and maintain, during the life of this contract, Worker's
Compensation Insurance for all of CONTRACTOR's employees
employed at the site of improvement; and, if any work is sublet,
CONTRACTOR shall require the subcontractor similarly to provide
Worker's Compensation Insurance for all of the latter's employees,
unless such employees are covered by the protection afforded by
CONTRACTOR. If any class of employees engaged in work under
this contract at the site of the PROJECT is not protected under any
Workers' Compensation law, CONTRACTOR shall provide and
shall cause each subcontractor to provide adequate insurance for
the protection of employees not otherwise protected.
CONTRACTOR shall indemnify CITY for any damage resulting to it
from failure of either CONTRACTOR or any subcontractor to take
out or maintain such insurance.
(b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/
COMPLETED OPERATIONS HAZARD. COMPREHENSIVE
AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL
LIABILITY INSURANCE. CONTRACTOR shall take out and
maintain during the life of this contract such comprehensive general
liability, products/completed operations hazard, comprehensive
automobile liability and contractual general liability insurance as
shall protect CITY, its elective and appointive boards, officers,
agents and employees, CONTRACTOR, and any subcontractor
performing work covered by this contract, from claims for damage
for personal injury, including death, as well as from claims for
property damage which may arise from CONTRACTOR's or any
subcontractor's operations under this contract, whether such
operations be by CONTRACTOR or by any subcontractor, or by
anyone directly or indirectly employed by either CONTRACTOR or
any subcontractor, and the amounts of such insurance shall be as
follows:
(1) Public Liabilitv Insurance in an amount of not less than ONE
MILLION DOLLARS ($1 ,000,000);
CityAtty-ftn-D-6
LA#4814-2634-9072 vi
(2) Products/Completed Operations Hazard Insurance in an
amount of not less than ONE MILLION DOLLARS
($1 ,000,000);
(3) Comprehensive Automobile Liabilitv Insurance in an amount
of not less than ONE MILLION DOLLARS ($1 ,000,000);
(4) Contractual General Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1 ,000,000).
A combined single limit policy with aggregate limits in an amount of
not less than TWO MILLION DOLLARS ($2,000,000) shall be
considered equivalent to the said required minimum limits set forth
hereinabove.
(c) PROOF OF INSURANCE -The insurance required by this
AGREEMENT shall be with insurers which are Best A rated, and
California Admitted or better. The CITY of Temple City shall be
named as "additional insured" on all policies required hereunder,
and CONTRACTOR shall furnish CITY, concurrently with the
execution hereof, with satisfactory proof of carriage of the
insurance required, and adequate legal assurance that each carrier
will give CITY at least thirty (30) days' prior notice of the
cancellation of any policy during the effective period of the contract.
(d) NOTICE TO COMMENCE WORK -The CITY will not issue any
notice authorizing CONTRACTOR or any subcontractor to
commence work under this contact until CONTRACTOR has
provided to the CITY the proof of insurance as required by
subparagraph (c) of this article.
ARTICLE XII
If any dispute shall arise concerning this AGREEMENT, the prevailing party shall be
entitled to attorney fees.
ARTICLE XIII
The parties agree that it would be impractical and extremely difficult to fix the actual
damages to the CITY in the event the PROJECT is not commenced and/or completed
on or before the dates specified for commencement and completion of the PROJECT in
the CONTRACT DOCUMENTS. The parties have considered the facts of a breach of
this contract and have agreed that the liquidated damages sum hereinafter set forth is
reasonable as liquidated damages in the event of a breach, and that said sum shall be
presumed to be the amount of the damages sustained by the CITY in the event such
CityAtty-fin-D-7
LA #48!4-2634-9072 vi
work is not begun and/or completed and accepted by the times so specified in the
CONTRACT DOCUMENTS, the sum of ONE THOUSAND DOLLARS ($1 ,000.00) shall
be presumed to be the amount of damages suffered by the CITY for each day's delay in
the starting and/or completion and acceptance of said PROJECT after the dates
specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and
CONTRACTOR hereby agrees to pay said sum of ONE THOUSAND DOLLARS
($1 ,000.00) as liquidated damages for each day of delay in the starting and/or
completing and acceptance of said PROJECT beyond the dates specified in the
CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be
done so in accordance with that certain edition of the Standard Specification for Public
Works Construction currently in effect on the execution date of this Contract.
PALP Inc. IDBA Excel Paving Company),
a California Corporation
CITY OF TEMPLE CITY,
a Municipal Corporation
by C{;hA/W-o __/
President C.fl. I!I!OWN
by_-::c,...-:-:--------
City Manager
by ~~ f,(MJ(,_,LcA_} by
Secretary WCHELE E. DRAKUliGH --::C:-::ity-;;:;:C:-Ie--:-rk------
lSST, SECRETARY
ARTICLE XIV
Upon completion of PROJECT and acceptance of same by the CITY Council, the CITY
Manager shall have cause to be recorded a Notice of Completion with the office of the
Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice
of Completion is recorded, the Director of Finance of CITY shall release the funds
retained pursuant to Article Ill hereof; provided there have been no mechanics' liens or
stop notices filed against said work which have not been paid, withdrawn or eliminated
as liens against said work. ·
ARTICLE XV
This contract shall not be assignable, either in whole or in part. by the CONTRACTOR
without first obtaining the written consent of the CITY thereto.
ARTICLE XVI
The provisions of this AGREEMENT are cumulative and in addition to and not in
limitation of any rights or remedies available to CITY.
CityAtty-fm-
LA#4814-2634·9072 vi
D-8
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On I .Z-1 ~-t.3 before me, c. PhilliJ:!So Notar;y Public • (Here insert name and litle of the officir)
personally appeared C.P. Brovm, Michele E. Drakulich .
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)>U/are subscribed to
the within instrument and acknowledged to me that bdsbe/they executed the same in hi~r/their authorized
capacity(ies), and that by:!Usllmr/their signature(s) on the instrumenlthe person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PER,TURY under the laws of the State of California that the foregoing paragraph
is true and correct. .'·I
..,~~,.~
WITNESS my h !"d and official seal. ~~' " '""""" I
COMM. #-1996.t77 M
('~D-n Notary Public·Cw!ifornia ~
LOS ANGELES COUNTY I:..
(Notary s .. l) y Comm. Expirl.lfl Oct. 29, 201~~ Signa\ Notary Public • • ~ "l'-"V"c....--<.
ADDITIONAL OPTIONAL INFORMATION
INSTRUCflONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT
Any acknowl~dgment completed in California must COnJain verbWge txaCJly tu
appears above in the notary :reclion or a separate acknowledgment form mUJt be
properly completed and attached to thal docunutu. The only uception 13 if a
document is to be recorded OUISide of California. In such instances, any alternative
(fitle or description of attached docwnent) acJ:nuw/edgment verbiQge as may be printed on s11ch a documtm:t MJ long a.f the
verbiage doe;r not require the notary to do something thai is illegal for a notary in
California (i.e. certi/Ying the authorized capacity of the signer). Please check the
(Title or description of attached dQCIUnent continued) doc:ument carefully for proper notarial wording and attach this form if required.
Number of Pages __ Document Date • State and County infonnation must be the State 'and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment Is completed.
(Additional. information) • The notary public must print his or her name as it appears within his or her
commission followed by a oomma and then your title (notary public).
• Print the name(:S) of docwnent signer(s) who personally appear at the time of
notarizatitm.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural fonns by crossing otT incorrect forms (I.e.
0 Individual (s) he/she/~ is/~ ) or circling the correct fonns. Failure to correctly indicate this
information may lead to rejection of document recording.
0 Corporate Officer • The notary seal impression must be clear and photographically reproducible .
Impression must not cover text or lines. If seal impression smudges, rewseaJ if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
0 Partrter(s) • Signature of the notary public must match the signat:w'e on file with the Office of
the county clerk.
0 Attorney-in-Fact '1-Additional infonnation is not required but could help to ensure this
0 Trustee(s) acknowledgment is not misused or attached to a different document
0 Other '.• Indicate title or type of attached document, nwnt>er of pages and date.
'1-Indicate the capacity claimed by the signer. [f the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary). . Securely attach this document to the signed document
2008 Version Ct\PA v!2 10.07 800-873-98(15 \\1\VW.NotaryClnsses.com
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
on the 7th day of January, 2014, by their respective officers duly authorized in that
behalf.
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney
CityAtty-fm-
LA #4814-2634-9072 vl
CITY OF TEMPLE CITY, a Municipal
Corporation
by~~~~-------------
City Manager
CITY
PALP, Inc. <DBA Excel Paving Company)
a California Corporation
D-9
by--=---';oC~i,:.;....·-~~· ~l"),.y)~.J~--
Presiefent C. p. l!l'!OWK J
by }LrL.M E. IWIJ~
Secretary MICHELE E. ORMUI.JQtl
ISST. SECREIAil
CONTRACTOR