HomeMy Public PortalAboutBELARIE-WEST LANDSCAPE, INC.all
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CITY OF CARSON
CONTRACT AGREEMENT
CONTRACTOR:
BELAIRE-WEST LANDSCAPE, INC.
FOR:
PROJECT NO. 1115
MAIN STREET LANDSCAPE MEDIAN
From 223rd Street to Carson Street
I
PROPOSAL
PROJECT NO. 1115
MAIN STREET LANDSCAPE MEDIAN
From 223rd Street to Carson Street
BIDDING SCHEDULES
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY OF CARSON
701 EAST CARSON STREET
CARSON, CALIFORNIA 90745
Mayor and Council Members:
The undersigned declares that he has carefully examined the location of the proposed work and
that he has examined the Plans and Specifications, has read the Contract Documents, and hereby
agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work
required for:
OWNER'S PROJECT NO. 1115
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the
Special Provisions and Technical Provisions, the Contract Documents, and in accordance with
the Standard Specifications for Public Works Construction (current edition), and in the
requirements of the Engineer under said documents, for the prices shown herein. All work shall
be completed within 60 working days from the date the Notice to Proceed is issued by the
Engineer.
MAIN STREET LANDSCAPE MEDIAN
From 223rd Street to Carson Street
Item
Desc iption
Unit
QTY
Unit Price
Total Price
1
Unclassified Excavation
CY
2000
80.00
160,000
2
Asphalt Concrete Pavement
1
Ton
250
100.00
25,000
3
Crushed Aggregate Base
Under Median Curb
Ton
400
5.00
2,000
4
Construct 6" Median Curb (Type B)
L.F.
3,000
16.00
48,000
5
Construct River Rock Mow Strip
S.F.
2,300
9.00
20,700
(18" wide)
6
Install Medians Hardscape (River
S.F.
3,000
9.00
27,000
Rock)
7
Install Medians Irrigation System
1
L.S
1
65,000
65,000
8
Furnish and install Electric
Distribution Pedestal 120/240 volt
EA.
1
5,000
5,000
single phase and require conduits
and wires per So Cal Edison
9
.
Install Medians Planting
I
L.S
1
56,000
56,000
10
Traffic marking Striping(temporary
and pennanent), new Median signs,
LS.
1
5,000
5,000
Painting and install one-way Yellow
Reflective Marker on street sides of
median curb @ 24' 0. C.
11
Remove and replace Traffic loops
EA.
20
250
5,000
Total
$418,700
CONTRACT
PROJECT NO. 1115
AGREEMENT
THIS AGREEMENT is made and entered into by and between Owner, consisting of one or both
of the following described public entities:
1XI E The City of Carson, California
I 1 0 The Carson Redevelopment Agency
and &AoOR'�-A��Z- Z*A-564& INC,- . hereinafter called Contractor.
The Owner and the Contractor mutually agree as follows:
ARTICLE I.
THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with Owner
to perform and complete in good and workmanlike manner all work required by the Contract
Documents for Owner's Project No. 1115, which is described as follows:
Title: MAIN STREET LANDSCAPE MEDIAN
From 223rd Street to Carson Street
Said work shall be performed in accordance with the Plans, Specifications and other Contract
Documents, all of which are referenced in Article III hereof and incorporated herein as though
fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and
services necessary therefor, except such labor, materials, equipment and services as are provided
in the Contract Documents to be furnished by Owner.
ARTICLE 11.
CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, Owner
shall pay Contractor, in fall compensation therefor, the contract sum set forth in the Bidding
Schedule. Said sum shall constitute payment in full for all work performed hereunder, including,
without limitation, all labor, materials, equipment, tools and services used or incorporated in the
work, supervision, administration, overhead, expenses and any and all other things required,
furnished or incurred for completion of the work as specified in the Contract Documents. Owner
shall make payments to Contractor on account of the contract sum at the time, in the manner, and
upon the conditions specified in the Contract Domnents.
ARTICLE III.
CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire agreement between the Owner and the
Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids,
Instructions to Bidders, Bidding Schedule, Bidder's Declaration, Designation of Subcontractors,
Bidder's Assurance, and Fair Employment Practices documents; this Agreement; Standard
Specifications; Special Provisions; Technical Provisions; Drawings; Plans; and all addenda
issued prior to and all modifications issued after the execution of this Agreement. These form
the Contract, and all are as fully a part of the Contract as if attached to this Agreement or
repeated herein.
ARTICLE IV.
EFFECTIVE DATE
This Agreement shall become effective and commence as of the date set forth below on which
the last of the parties, whether Owner or Contractor, executes said Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by their proper officers thereunto duly authorized.
Attest:
By:—
CITY'dIRK: HE�EN S. IfAWAGOE
APPROVED AS TO FORM:
By: //)
-- KTV A'TfOR"Y: WILLIAM WYNDER
Attest:
OWNER
By:
MAYOR: JIM DEAR
Dated: �2 ,
SEAL
CONTRACTOR: BELAIRE-WEST
LANDSCAPE, INC.
By:
Signature
Title
Dated:—
EXECUTED IN TRIPLICATE
BOND 4SU 502 0051
PREMIUM: $6,1281.00
CONTRACT PREMIUM IS FOR
PROJECT NO, 1115 AND IS SUBJECT
BASED ON FINAL
FAITHFUL PERFORMANCE BOND
WHEREAS, the Owner, consisting of one or both of the following described public entities:
IX 1 0 The City of Carson, California
I I a The Carson Redevelopment Agency
has awarded to BELAIRE�-WEST LANDSCAPE, INC.
designatcd as the "Principal", a Contract for:
PROJECT NO. - 1115
CONTRACT TERM
TO ADJUSTMENT
CONTRACT PRICI
hereinafter
TITLE: MAIN STREET LANDSCAPE MEDIAN From 223rd Street to Carson
Street
WHEREAS, said Principal is required under the tcrms of said Contract to furnish a bond for the faithful performance
of said Contract; BELAIRE�-WEST LANDSCAPE, INC.
NOW, THEREFORE, we,
as Principal, and ARCH INSURANCE COMPANY
as Surety, arc held and -firm] , bound unto the Owner in the sum of Fotig HUNDRED EIGHTEEN THOUSAND
SEVEN HUNDRED M� NO/100I.:11 Dol lars ($ 418,7 Q 0— 0 0' -
this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United
States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors,
administrators, and succcssors. jointly and severally, fumly by these presents. In case suit is brought upon this bond,
the Surety will pay a rcasonable attorney's fee to the "Owner" in an amount to be fixed by the court-
T14E CONDITION OF T141S OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs,
executors, admiriistrators, successors, Or assigns, shall in all things stand to and abide by, well and truly keep and
perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration
thercof, made as therein provided, all within the time and in the manner therein designated and in all respects
according to their true mitent and meaning, then this obligation shall become null and void; otherwise, it shall be and
remain m full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or modification of the Contract Documents, or of the work to be performed thereunder, shall in any way
affect the obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration
or modification of the Contract Documents or of the work to be performed thereunder.
IN WITNESS WHEREOF, tlirce (3) identical counterparts of this instrument, each of which shall for all purposes be
deemed an original thereof. have been duly executed by the Principal and Surety named herein, on the _13TH_
day of APR U_ , 20_a.6L, the name and corporate seal of each corporate party being
hereto affixed and these presents duly signed by in undersigned representative pursuant to authority of its governing
body.
BFIATIRF-WFST LANDSCAPE, INC.
Pr
B
A
Surety
Y Z���
PAMELA MCCARTHY1. ATTORNEY -I FACT
ALL-PURPOSE ACKNOWLEDGEMENT
State of &,� 6 Ra
County of fflak)w (f— I SS.
On 14 — �,t --o C9
(Date)
before me, (21a)9 -n
(Notary)
personally appeared __'_�Ckv-\
Si-ner(s)
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5�-personally known to me or 11 or proved to me on the basis of satisfactory evidence) to
be the person(a� whose narne(4 is/are--Fubscribed to the
within instrument and acknowledged to me that
he/she/theylexecuted the same in hi-s/her/thrtr authorized
signature(s�- on
RENAE GROEN capacity(ies), and that by hi&lher/theiT
COMM # 1585200
a: M the instrument the person(e�, or the entity upon behalf of
W NOTARY PUBLIC - CALIFORNIA :1)
ORANGE COUNTY which the person(s�-acted, executed the instrument.
My Commission Expires June 5,2OD9
,( 0...,
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WITNESS my hand and official seal.
Stamp clear impression of notary seal above.
Notary's Signature
OPTIONAL INFORMATION
CAPACITY CLAIMED BY THE SIGNER
c Individual (s)
i;-- Corporate Officer
(Title)
El Partner(s)
DESCRIPTION OF THE ATTACHED
dormu_vwo go &-4-
Title of Document
- I
Number of Pacres
.,71 — / 36 -e,, 0
o Attorney -in -Fact Document Date
7 Trustee(s) t�-q CE LCA
zi, Other ��u Other Information
11 CAPA v10.30.04 www.notaryclasses.corn 800-873-9365 11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Bernardino ) SS.
On APRIL 13, 2006 before me, Janet L. Miller, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Personally appeared Pamela McCarthy
Name(s) of Signer(s)
x personally known to me
11 proved to me on the basis of satisfactory evidence
to be the person(s� whose name�A is/aA subscribed to the
within instrument and acknowledged to me that b.Z_/she/t�6y
executed the same in pit/her/tfieir authorized capacity(o),
NEI L MILLER and that by W/her/tb44ir signaturep� on the instrument the
CoMmissio # 1591570 personW, or the entity upon behalf of which the person,�K
Notary Public - California z
Z
San Bernardino cuunry > acted, executed the instrument.
MY -COMM. Expires Jul 20,2009
WITNESS my hand and official seal.
Signatur; � Notary Publi6
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removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name. -
71 Individual
�71 Corporate Officer
Title
71 Partner -- C1 Limited 71 General
71 Attorney -in -Fact
0 Trustee
71 Guardian or Conservator
71 Other:
Signer is Representing.-
Number of Pages:
Top of thumb here
EXECUTED IN TRIPLICATE
CONTRACT
PROJECT NO. 1115
PAYMENTBOND
BOND �SU 502 0051
PREMIUM INCLUDED IN PERFORMANCE BOND
WHEREAS, the Owncr, consisting of one or both of the following dcscribcd public entities-
1XI 0 The City of Carson. Califoriiia
r. I N The Carson Redevelopment Agency
has awarded to BELAIRE--WEST LANDSCAPE, INC. as Contractor, a contract for the
work described as follows:
PROJECT NO.- ills
TITLF,: MAIN STREET LANDSCAPE MEDIAN From 223rd Street to Carson
Street
AND WHEREAS, said Contractor is required to famish a bond in connection writh said contract, to secure the
payment of claims of laborcrs, mechanics, matcrialmcn and other persons, as provided by la-;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are beld fuTrdy bound unto the Owner in the sum
of FOUR HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED AND NO/100" for wh.ich payment well
and truly to be rnade we bind oursclvcs, our heirs, executors and adrrdr�strators, successors and assigns, jointly and
severally, fuTnly by these presents.
THE CONDITION OF T141S OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors,
administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code
Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed
undcr the contract, or any amounts required to be deducted, withheld, and paid over to the Employment
Development Depaiti-ricrit from the wages of employccs of the Contractor and its subcontractors pursuant to Section
13020 of the Uncmploymcnt Insuraricc Code, with respect to such work and labor, then the Surety or Sureties herein
will pay for the same in an amount not exceeding the sum specified in this bond, oTherwise the above obligation shall
be void. In case suit is brought upon this bond, the 32id Surcty will pay a reasonable attorney's fee to the plaintjfgs)
and Owner in an amotuit to be fixed by thc court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of
action to such persons or their assigns in any suit brought upon this bond.
Said Surety, for value rcceived, hereby stipulatcs and agrees that no change, extension of time, alteration or
modification of the Contract Documents or of the work to be performed thereunder shall in any way affcct its
obligations on this bond, and it docs hereby waive noticc of such change, extension of time, ahcration or
modification of the Contract Documents or of work to be performed thereundcr.
IN WITNESS WHEREOF, we have hercunto set our hands and scals on this 13THdayof APRIL �2006
BELAIRE-,-WEST LANDSCAPE, INC.
CONTRACTOR
By
AP,CH INSURANCE COMPANY
SURETY
BY
PAMELA MCCARTHY1, ATTORNEY7�4--FACT
ALL-PURPOSE ACKNOWLEDGEMENT
State of
SS.
County of (2-
j
On 14 -0(-o before me C
(Date) (Notary)
personally appeared 7�,J,,_
SigIner(s)
2---P-ersonally known to me or El or proved to me on the basis of satisfactory evidence) to
be the person( -e whose narne4) is/ape-subscribed to the
within instrument and acknowledged to me that
ZD
X he/she/thCy executed the same in4tis�her/thtlf authonized
RENAE GROEN
cr COMM # 1585200 > capacity(iog-), and that by his�her/tht-ir signature(&�-on
W NOTARY PUBLIC - CALIFORNIA M
M
OFIANGE COUNTY the instrument the person*, or the entity upon behalf of
My Commission Expires June 5, 2009
which the person(,0 acted, executed the instrument.
WITNESS my hand and official seal.
Stamp clear impression of notaty seal above. 4 �,cq_ �;_ SL
'\Notary's Signature
OPTIONAL INFORMATION
CAPACITY CLAIMED BY THE SIGNER
ii Individual (s)
E?- __��orporate 0 icer
vC,S,,_1, --L
(Title)
11 Partner(s)
c Attomey-in-Fact
Ei Trustee(s)
Ei Other
DESCRIPTION OF THE ATTACHED
(kxA VV�_Qi�
Title of Document
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Number of Pacres
Document Date
5 C_ tw /4
Other Informatibn
I I CAPA v 10.30.04 w%v%y-notaryclasses.com 800-873-9865 j
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Bernardino ) SS.
On APRTL 13, 2006 _before me,
Personally appeared Pamela McCarth
L. Miller, Notary Public
Name and Title of Officer (e.g., "Jane Dce, -Notary Public")
Name(s) of Signer(s)
x personally known to me
11 proved to me on the basis of satisfactory evidence
to be the person(sl whose name�sj is/aA subscribed to the
within instrument and acknowledged to me that �,Z-/she/t�4y
executed the same �her/t4i6ir authorized capacity(o),
on the instrument the
JANET L. MILLER and that by f)i-�'/her/t ir signaturep�
Commission # 1591570
personW, or the entity upon behalf of which the person(K
i/. Notary Public - California
Son 13ernc acted, executed the instrument.
MYC Afdino County >
Omm- ExPires Jul 20, 2009
WITNESS my hand and official seal.
signature of Notagrypubl�jcA
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name -
71 Individual
71 Corporate Officer
Title
71 Partner -- 71 Limited 71 General
71 Attorney -in -Fact
El Trustee
11 Guardian or Conservator
71 Other:
Signer is Representing:
Number of Pages:
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Pamela McCarthy, Jay P. Freeman, Kelly A. Saitman and Janet L. Miller of Ontario, CA (EACH)
its true and lawful Attorn ey(s)-in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been I duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and
certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to
the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOMLOO13 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 14th day of June 2005 Arch Insurance Company
Attested and Certified
CORPORATE
IIAL
97
Mary Jea AnALrs&T,-Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
(-a4
Edward M. Titus, Vice President
1, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known
to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation
organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the
corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free
and voluntary acts for the uses and purposes therein set forth.
OTARIAL SEAL
KATHLEEN MARCINKUS, Notaiy Pubic
City of Philadelphia, Phila. County Kathl6en Marcinkus, N6tary Public
My Commission Expires February 25, 2006 My commission expires 2-25-06
CERTIFICATION
1, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated June 14, 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same
has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do
further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of
execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name andaffi-x"e �
06 -Q�-_orate se�7�ihe, Arch Insurance
'y -,
Company on this 13TH day of APRIL -,20
Mary Jeja6ne A
',�clerson, Vice President
This Power of Attorney limits the acts of those named therein to the bonds and �undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
�/vance c,
T'
CCRI- TE
19
00MI-00 13 00 03 03 Page 2 of 2 Printed in U.S.A.
CONTRACT
PROJECT NO. 1115
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code,
Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that Code, and I will
comply with such provisions before commencing the performance of the work of
the Contract.
(I
DATED: (0
b04 1-41C
CONTRACTOR
B�Signature
9,f �-,IAFAPT-
Title
ATTEST:
BC"4E�— -9�
Signature
7yj4�-1k,2 -
Title
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Pern-�t No. or description:& 2
50/0
AZ2A1dE_9&_;�7-
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect,
indemnify, and hold hainiless the City of Carson and the Carson Redevelopment Agency and their respective elected
officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Inderrinitees")
from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys,
or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise,
directly or indirectly, out of, in connection with, resulting frorn, or related to any act, failure to act, error, or omission
of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their
officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with,
resulting from, or related to the above -referenced contract, agreement, license, or permit (the "Agreement") or the
performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this
indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active
or passive negligence by Indemnitees and shall operate to fully indemnify Indenmitees against any such negligence.
This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or
remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall
be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay
Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding
the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful
misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the
contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil
Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured endorsements which may
extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation
and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and
liabilities arising out of or incident to activities or operations performed by or on behalf of the Inderrinitor regardless
of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or
other professionals employed by Indemnitor to defend Indemnitees shall be selected by or subject to the approval of
Inderrmitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations,
liabilities, covenants and conditions under this instrument shall be joint and several.
"Indeninitor"
Name
By:
its
Name
10
TO BE SIGNED BY THE CONTRACTOR
Its
CITY OF CARSON
PROJECT LABOR AGREEMENT
WITH
LOS ANGELESIORANGE COUNTIES
BUILDING AND CONSTRUCTION
TRADES COUNCIL
Affiliated with the Building &
Construction Trades Department (AFL/CIO)
Craft International Unions
EXHIBIT F
NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES
HERETO, AS FOLLOWS:
ARTICLE I
DEFINITIONS
1.1 "Agreement" means this Project Labor Agreement.
1.2 "City" means the City of Carson.
1.3 "Committee" means Joint Administrative Committee as described in Article
XI of this Agreement.
1.4 "Construction Contract" and "Construction Contracts" means any contract
entered into by the City for: actual specialty construction work that exceeds Twenty -Five
Thousand Dollars ($25,000.00); or actual general construction work that exceeds One
Hundred and Twenty -Five Thousand Dollars ($125,000.00) at the time the contract for
construction is entered into. The City shall have the sole right to make a determination
if the proposed work is "specialty construction work" or "general construction work". The
term "Construction Contract" or "Construction Contracts" shall not include the following:
(1) City contracts for actual specialty construction work that are
Twenty -Five Thousand Dollars ($25,000.00) or less and City contracts for actual
general construction work that are One Hundred and Twenty -Five Thousand Dollars
($125,000.00) or less at the time the Construction Contract is entered into and which
are subsequently increased above said amounts through the issuance of change
order(s) or otherwise.
(2) Any contract for actual construction that has already been entered
into or any contract for actual construction that is entered into by the City within sixty
(60) days after this Agreement is executed by all parties hereto.
(3) Any City contract for construction that is entered into by the City
after the expiration or termination of this Agreement.
1.5 "Contractor/Employer" or "Contractors/Employers" means any individual
firm, partnership or corporation, or combination thereof, including joint ventures, which
is an independent business enterprise and which has entered into a Construction
Contract or Inspection Services Contract with the City or any of its contractors or any of
the City's or contractor's subcontractors of any tier, with respect to the construction or
inspection of any part of a Project under contract terms and conditions approved by the
City and which incorporate this. Agreement.
1.6 "Inspection Services" means work performed by Inspectors.
2 EXHIBIT F
1.7 "Inspection Services Contract" or "Inspection Services Contracts" means
any agreement that provides in the scope of services for work to be performed by
Inspector(s) on a City Project. The term "Inspection Services Contract" or "Inspection
Services Contracts" shall not include the following:
(1) Any contract for Inspection Services that has already been entered
into or any contract for Inspection Services that is entered into by the City within sixty
(60) days after this Agreement is executed by all parties hereto.
(2) Any contract for Inspection Services that is entered into by the City
after the expiration or termination of this Agreement.
(3) Other work to be performed pursuant to the Inspection Services
Contract(s) that is not performed by Inspectors.
1.8 "Inspector" or "Inspectors" means the classifications of
Build ing/Construction Inspector and Field Soils and Material Testers performing work on
a Project including work as defined in the State of California Prevailing Wage
Determination scope of work for said craft(s) whether the work is performed under these
classifications pursuant to a professional services agreement or a Construction
Contract.
1.9 "Letter of Assent" means agreement acceptance letters by all
Contractors/Employers.
1.10 "Material Supplier" or "Material Suppliers" means a manufacturer,
fabricator, supplier, distributor, materialman, or vendor having a direct contract with the
Contractor/Employer or any subcontractor to furnish materials or equipment to be used
on or incorporated in the Project work by the Contractor/Employer or any subcontractor.
1. 11 "Plan" means the plan for the Settlement of Jurisdictional Disputes in the
Construction Industry.
1.12 "Project" or "City Project" means Construction Contracts entered into by
the City for a City construction project.
1.13 "Union" or "Unions" or "Signatory Unions" means the Los Angeles/Orange
Counties Building and Construction Trades Council affiliated with the Building &
Construction Trades Department (AFL/CIO) Craft International Unions and any other
labor organization signatory to this Agreement, acting in their own behalf and on behalf
of their respective affiliates and member organizations whose names are subscribed
hereto and who have through their officers executed this Agreement.
3 EXHIBIT F
ARTICLE 11
SCOPE OF AGREEMENT
2.1 Parties: Unless otherwise provided or limited herein, this Agreement shall
apply to the City, Contractors/Employers entering into Construction Contracts or
Inspection Services Contracts, Contractors/Employers performing work or agreeing to
perform work as subcontractors or otherwise in regards to Construction Contracts or
Inspection Services Contracts, and the Los Angeles/Orange Counties Building and
Construction Trades Council affiliated with the Building & Construction Trades
Department (AFL/CIO) Craft International Unions and any other labor organization
signatory to this Agreement, acting in their own behalf and on behalf of their respective
affiliates and member organizations whose names are subscribed hereto and who have
through their officers executed this Agreement ("Signatory Unions").
2.2 Project Description: This Agreement shall apply to all Construction
Contracts as defined in Article 1, Section 1.4 above, and Inspection Services Contracts,
as defined in Article 1, Section 1.7 above, unless specifically excluded or limited in
Article 11, Section 2.4 below. This Agreement shall in no way limit the City's right to
terminate, modify or rescind a Construction Contract or Inspection Services Contract
and the City has the sole discretion and right to combine, consolidate, cancel, terminate
or take other action regarding Construction Contracts or Inspection Services Contract or
portions of Construction Contracts or Inspection Services Contract identified as part of
this Agreement. Should the City remove or terminate any contract or agreement for
construction or Inspection Services that does not fall within the scope of this Agreement
and thereafter authorize that work be commenced on any contract for construction or
Inspection Services, the contract for construction or Inspection Services may, at the
sole election of the City, be performed under the terms of this Agreement.
2.3 Project Labor Disputes: Unless otherwise specifically provided herein, all
Project labor disputes involving the application or interpretation of a collective
bargaining agreement to which a signatory Contractor/Employer and a signatory Union
are parties shall be resolved pursuant to the resolution procedures of the applicable
collective bargaining agreement. All disputes relating to the interpretation or application
of the Project Labor Agreement shall be subject to resolution by the dispute resolution
procedures set forth herein.
2.4 Exclusions:
(1) This Agreement shall only apply to the following:
(a) Construction Contracts as defined in Article 1, Section 1.4
above. Should the City remove or terminate any contract for construction that does not
fall within the scope of this Agreement and thereafter authorize that work be
commenced on the contract for construction, the contract for construction may, at the
sole election of the City, be performed under the terms of this Agreement.
4 EXHIBIT F
(b) Inspection Services Contracts as defined in Article 1, Section
1.7 above, if the entire scope of work of the Inspection Services Contract is for
Inspection Services. If only a portion of the scope of work of the Inspection Services
Contract is for Inspection Services, then this Agreement shall only apply to the portions
of the Inspector Services Contract that covers work to be performed by Inspectors and
does not apply to other services to be performed pursuant to the Inspector Services
Contract. The parties to this Agreement expressly agree that where only a portion of
the scope of work of the Inspection Services Contract relates to work to be performed
by Inspectors, that this Agreement shall only apply to work to be performed by those
Inspectors and that this Agreement shall not apply to any other work covered by the
Inspector Services Contract.
(2) This Agreement shall not apply to or govern the award of City
contracts which are outside the approved scope of the City.
(3) This Agreement shall not apply to or impact in any way service
contracts or operation or maintenance contacts entered into by the City including, but
not limited to, services provided at any City facility, building or park, or the operation or
maintenance of any City facility, building, park, tree, or landscaping.
(4) This Agreement shall not apply to a Contractor's/Employer's non -
manual employees including, but not limited to, superintendents, supervisors, staff
engineers, quality control and quality assurance personnel, time keepers, mail carriers,
clerk, office workers, messengers, guards, safety personnel, emergency medical and
first aid technicians, and other engineering, administrative, supervisory, and
management employees (except those covered by existing building and construction
trades collective bargaining agreements).
(5) The Agreement shall not apply to Material Suppliers or delivery by
any means of material, supplies, or equipment required to any point of delivery.
City. (6) This Agreement shall not apply to officers and employees of the
(7) This Agreement shall not apply to the work of persons, firms and
other entities that perform consulting, planning, scheduling, design, environmental,
geological, management, or other supervisory services on any City Project including,
but not limited to, consultants, engineers, architects, geologists, construction managers,
and other professionals hired by the City, the Carson Redevelopment Agency or any
other governmental entity.
(8) This Agreement shall not apply to any Project, Construction
Contract or Inspection Services Contract that receives funding or assistance from any
federal, state, local or other public entity if a requirement, condition or other term of
receiving said funding or assistance is that the City not require, bidders, contractors,
subcontractors or other persons or entities to: enter into an agreement with one or more
labor organizations; or enter into an agreement that contains any of the terms set forth
5 EXHIBIT F
herein. At this time, the use of federal funds or assistance on any project whereby the
recipient of federal funds or assistance requires bidders, contractors, subcontractors or
other persons or entities to enter into an agreement with one or more labor
organizations is prohibited. As long as this prohibition is in place, this Agreement shall
not apply to any federally funded or assisted Project, Inspection Services Contract or
Construction Contract.
ARTICLE III
EFFECT OF AGREEMENT
3.1 By executing the Agreement, the Unions and the City agree to be bound
by each and all of the provisions of the Agreement.
3.2 By accepting the award of a Construction Contract or Inspection Services
Contract or entering into a contract to perform work pursuant to a Construction Contract
or Inspection Services Contract whether as a contractor or subcontractor, the
Contractor/Employer agrees to sign the letter of assent as shown in Attachment A and
be bound by each and every provision of the Agreement, to the extent provided herein.
3.3 It is understood that this Agreement constitutes a self-contained, stand-
alone agreement and that, by virtue of having become bound to this Agreement, the
Contractor/Employer will not be obligated to sign any local, area or national collective
bargaining agreement as a condition of performing work within the scope of this
Agreement.
3.4 At the time that any Contractor/Employer enters into a subcontract with
any subcontractor providing for the performance of a Construction Contract or
Inspection Services Contract, the Contractor/Employer shall provide a copy of this
Agreement to said subcontractor and shall require the subcontractor as a part of
accepting the award of a construction or Inspection Services subcontract to agree in
writing in the form of a Letter of Assent, see attachment A, to be bound by each and
every provision of this Agreement prior to the commencement of any work on the
Project, to the extent provided herein.
3.5 This Agreement shall only be binding on the signatory
Contractor/Employers hereto in regards to the applicable Construction Contract or
Inspection Services Contract and shall not apply to the parents, affiliates, subsidiaries,
or other ventures of any Contractor/Employers or any other contract for construction or
project to which this Agreement does not apply.
3.6 This Agreement shall be included as a general condition of all applicable
Construction Contracts and Inspection Services Contracts for which the City requests
bids or proposals.
6 EXHIBIT F
ARTICLE IV
WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS
4.1 The Unions, City and Contractors/Employers agree:
(1) During the existence of this Agreement, there shall be no strike,
sympathy strike, picketing, slowdown, withholding of work, refusal to work, walk -off, sit-
down, stand-in, wobble, boycott, or other work stoppage, disruption, advising of the
public that a labor dispute exists, or other impairment of any kind for any reason.
(2) As to employees employed on City Projects, there shall be no
lockout of any kind by a Contractor/Employer covered by the Agreement. The
Contractor/Employer may lay off employees for lack of work, or in the event that a
strike, picketing or other disruption impedes the work of the Project covered by this
Agreement.
(3) No picket lines will be established at the job site by any of the
Unions. The Unions agree that they will not sanction in any way any picket line or other
impairment of the work on any City Project, subject to this Agreement, and will
affirmatively take all measures necessary to require their respective members to cross
any and all picket lines and report for work as scheduled and that responsible
representatives of the Unions who are employed on City Projects, subject to this
agreement, will also do so themselves.
4.2 Expiration of Local Agreements. If local, regional, and other applicable
labor agreements expire during the term of this Agreement, it is specifically agreed that
there shall be no strike, sympathy strike, picketing, lockout, slowdown, withholding of
work, refusal to work, walk -off, sick-out, sit-down, stand-in, wobble, boycott or other
work stoppage, disruption, advising of the public that a labor dispute exists, or other
impairment of any kind as a result of the expiration of any local, regional or other
applicable labor agreement having application at any City Project and/or failure of the
parties to that agreement to reach a new contract. Terms and conditions of employment
established and set for purposes of prevailing wage requirements under the labor
agreement or as required by law at the time of bid or thereafter shall remain established
and set. Otherwise to the extent that such a local, regional, or other applicable labor
agreement does expire and the parties to that agreement have failed to reach
agreement on a new contract, work will continue on all City Projects on one of the
following two bases, both of which will be offered by the Unions involved to the
Contractors/Employers affected:
(1) Each of the Unions with a contract expiring must offer to continue
working on all City Projects under interim agreements that retain all the terms of the
expiring contract, except that the Unions involved in such expiring contracts may each
propose wage rates and employer contribution rates to employee benefit funds under
the prior contract different from what those wage rates and employer contributions rates
were under the expiring contracts provided, however, that the proposal does not violate
7 EXHIBIT F
state and/or federal prevailing wage laws required to be paid on public works projects.
The terms of the Union's interim agreement offered to Contractors/Employers will be no
less favorable than the terms offered by the Union to any other employer or group of
employers covering the same type of construction work in Los Angeles County.
(2) Each of the Unions with a contract expiring must offer to continue
working on all City Projects under all the terms of the expiring contract, including the
wage rates and employer contribution rates to the employee benefit funds, provided that
said wage rates comply with state and/or federal prevailing wage laws, if the
Contractor/Employers affected by that contract agree to the following retroactivity
provisions: if a new local, regional or other applicable labor agreement for the industry
having application at City Projects is ratified and signed during the term of this
Agreement and if such new labor agreement provides for retroactive wage increases,
then each affected Contractor/Employer shall pay to its employees who performed work
covered by the Agreement at City Projects during the hiatus between the effective dates
of such labor agreements, an amount equal to any such retroactive wage increase
established by such new labor agreement, retroactive to whatever date is provided by
the new local, regional or other applicable agreement for such increase to go into effect,
for each employee's hours worked on all City Projects during the retroactive period. An
agreed labor agreement must not violate any requirements of state and/or federal
prevailing wage laws. All parties agree that such affected Contractor/Employer shall be
solely responsible for any retroactive payment to its employees and that neither the City
nor any other Contractor/Employer has any obligation, responsibility or liability
whatsoever for any such retroactive payments or collection of any such retroactive
payments, from any such Contractor/Employer.
(3) Some Contractors/Employers may elect to continue to work on the
Project under the terms of the interim agreement option offered under paragraph (1)
above and other Contractors/Employers may elect to continue to work on the Project
under the retroactivity option offered under paragraph (2) above. To decide between the
two options, Contractor/Employers will be given one week after the particular labor
agreement has expired or one week after the Union has personally delivered to the
Contractor/Employer in writing its specific offer of terms of the interim agreement
pursuant to paragraph (1) above, which ever is the later date.
4.3 Expedited Arbitration will be utilized for all Work Stoppages and Lockouts.
In lieu of, or in addition to, any other action at law or equity, which is also available, any
party may institute the following procedure when a breach or violation of Article IV is
alleged.
(1) The party invoking this procedure shall notify the permanent
Arbitrator next in sequence from the following list: Lionel Richman, Joe Gentile, Howard
Block and Louis Zigman. The parties agree these shall be the four permanent
Arbitrators under this procedure. In the event that none of the four permanent
Arbitrators are available for a hearing within 24 hours, the party invoking the procedure
shall have the option of delaying until one of the four permanent Arbitrators is available
or of asking the permanent Arbitrator that would normally hear the matter to designate
8 EXHIBIT F
an arbitrator to sit as a substitute Arbitrator for this dispute. If any of the permanent
Arbitrators ask to be relieved from their status as a permanent Arbitrator, the parties
shall mutually select a new permanent Arbitrator from the following list of arbitrators:
Mark Burnstein and Chester Brisco. Selection shall be made by each party alternately
striking from the foregoing list until one name remains who shall be the replacement
permanent Arbitrator. Expenses incurred in arbitration shall be borne equally by the
parties involved in the Arbitration and the decision of the Arbitrator shall be final and
binding on the parties, provided, however, that the Arbitrator shall not have the authority
to alter or amend or add to or delete from the provisions of this Agreement in any way.
(2) Notice to the Arbitrator shall be by the most expeditious means
available, including telephone, with notice by facsimile or telegram to the party alleged
to be in violation and to the Building Trades Council. If the City is not a party to the
Arbitration, it shall receive notice by telephone, with notice by facsimile or telegram.
(3) Upon receipt of said notice, the permanent Arbitrator shall set and
hold a hearing, if the violation still exists or if the party alleging the breach requests, the
hearing shall be set and held within twelve (12) hours if possible and within twenty-four
(24) hours if not. Otherwise, the hearing shall be set and held within forty-eight (48)
hours or such later time to which the party alleging the breach consents.
(4) The Arbitrator shall notify the parties by telephone and by facsimile
or telegram of the place and time he has chosen for this hearing. If the City is not a
party to the Arbitration, it shall receive notice of the place and time of the hearing by
telephone and by facsimile or telegram. Notice shall be given to the individual Unions
alleged to be involved; however, notice to the Building Trades Council shall be sufficient
to constitute notice to the Unions for purposes of the Arbitration being heard by the
Arbitrator. Said hearing shall be completed in one session. A failure of any party or
parties to attend said hearing shall not delay the hearing of evidence or issuance of an
award by the Arbitrator. If the City is not a party to the Arbitration, the City shall have
the right to attend the hearing and provide any relevant information to the Arbitrator.
(5) The sole issue at the hearing shall be whether or not a violation of
Sections 4.1 or 4.2 of this Article has in fact occurred, and the Arbitrator shall have no
authority to consider any other types of violation of this Agreement or to award
damages, which issue is reserved for court proceedings, if any. For purposes of
deciding this issue, the actions of individual craft workers engaging in conduct described
in sections 4.1 or 4.2 shall constitute violations of the sections by the Unions
representing these individuals. Similarly, conduct described in sections 4.1 or 4.2
carried out by unions not signatory to this Agreement shall constitute violations of this
Agreement by any Union signatory to this Agreement that is a sister union, subsidiary
union, or parent of the offending non -signatory union. The Award shall be issued in
writing within three (3) hours after the close of the hearing, and may be issued without
an Opinion. Irrespective of the Arbitrator's decision of whether Sections 4.1 or 4.2 have
been breached, the Arbitrator may retain jurisdiction over the parties for violations,
occurring during the succeeding seven days and shall convene additional proceedings
upon request to hear further evidence of breaches of sections 4.1 or 4.2. If the City, in
9 EXHIBIT F
cases where the City is not a party to the Arbitration, or party to the Arbitration, desires
an Opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay
compliance with, or enforcement, of the Award. If the Arbitrator finds that a violation of
Sections 4.1 or 4.2 of this Article has occurred, the Arbitrator in his written Award shall
order cessation of the violation of this Article and a return to work and other appropriate
relief, and such Award shall be served on all parties, and on the City, if the City is not a
party to the Arbitration, by hand, facsimile or registered mail upon issuance. The Award
will be final and binding on the parties to the Arbitration, including the individual craft
workers on City Projects represented by any of the Unions subject to the Award.
(6) Such Award may be enforced by any court of competent jurisdiction
upon the filing of this Agreement and all other relevant documents referred to
hereinabove in the following manner. Telephonic or facsimile notice of the filing of such
enforcement proceedings shall be given to the party against whom the Award is sought
to be enforced. In the proceeding to obtain a temporary order enforcing the Arbitrator's
Award, all parties agree that such proceedings may be heard ex parte. Such agreement
does not waive any party's right to participate in a hearing for a final order enforcing the
Award. The Court's order or orders enforcing the Arbitrator's Award shall be served on
all parties to this Agreement by hand, by facsimile, by delivery to their last known
address or by registered mail.
(7) Any rights created by statute or law governing arbitration
proceedings or judicial proceedings inconsistent with the above procedure or which
interfere with compliance therewith are hereby waived by the parties to whom they
accrue.
(8) The fees and expenses of the Arbitrator shall be divided equally
between the moving party or parties and the responding party or parties.
(9) The procedures contained in this Section 4.3 shall be applicable to
alleged violations of Articles IV, IX, XI, XII, or XIII to the extent any conduct described in
Section 4.1 or 4.2 occurs on the Project. Disputes alleging violation of any other
provision of this Agreement, including any underlying disputes alleged to be in
justification, explanation, or mitigation of any violation of Section 4.1 or 4.2 or Articles
IV, IX, XI, XII or XIII, shall be resolved under the applicable grievance adjudication
procedures for these other Articles.
ARTICLE V
NO DISCRIMINATION
5.1 The Contractor/Employers and Unions agree not to engage in any form of
discrimination on the ground of, or because of, race, religion, national origin, ancestry,
sex, sexual orientation, age, physical handicap, marital status or medical condition.
10 EXHIBIT F
ARTICLE VI
UNION SECURITY
6.1 The Contractors/Employers recognize the Unions as the sole bargaining
i�epresentatives of all craft employees working within the scope of this Agreement.
6.2 No employee covered by this Agreement shall be required to join any
Union as a condition of being employed, or remaining employed, for the completion of
the Project work; provided, however, that any employee who is a member of a Union at
the time the referring Union refers the employee, shall maintain that membership in
good standing while employed on the Construction Contract, Inspection Services
Contract or Project. The Contractor/Employer shall, however, require all employees
working on a Construction Contract, Inspection Services Contract or Project, to the
extent which this Agreement applies, for a cumulative total of eight (8) or more working
days, to comply with the applicable Union's security provisions for the period during
which they are performing on-site Project work to the extent, as permitted by law, of
rendering payment of the applicable monthly working dues and any non -initiation or
application fees uniformly required for membership in the applicable Union which is a
party to this Agreement.
ARTICLE VII
REFERRAL
7.1 The Contractors/Employers recognize that the Unions shall be the primary
source of all craft labor employed on City Projects. In the event that a
Contractor/Employer has his/her own core workforce, said Contractor/Employer shall
follow the procedures outlined below. An employee shall be considered a member of a
Contractor's/Employer's core workforce for the purposes of this Article if the employee's
name appears on the Contractor's/Employer's active payroll for 60 of the 100 working
days before award of the Construction Contract or Inspection Services Contract. The
number of core employees on City Projects shall be governed by the following
procedure: The Contractor/Employer shall select the first "core" employee to work on
the Project. If an additional employee is required, the next employee shall come from
the local hiring hall of the affected trade or craft. After this, one "core" employee shall
be selected and then one employee from the hiring hall of the affected trade or craft if
needed up to a total of ten (10) employees for the craft, whichever occurs first.
Thereafter, all additional employees in the affected trade or craft shall be hired
exclusively from the hiring hall list. In the event of a reduction -in -force or layoff, such will
take place in a manner to assure that the number of remaining "core" employees in the
affected craft does not exceed, at any time, the number of others working in that craft
who were employed pursuant to other procedures available to the Contractor/Employer
under this Agreement. This provision applies only to employees not currently working
under a current master labor agreement and is not intended to limit transfer provisions
of current master labor agreements of anytrade. As part of this process, and in order to
facilitate the contract administration procedures, as well as appropriate benefit fund
11 EXHIBIT F
coverage, all contractors shall require their "core work force" and any other persons
employed other than through the referral process, to register with the appropriate hiring
hall, if any.
7.2 Contractors/Employers shall be bound by and utilize the registration
facilities and referral systems established or authorized by this Agreement and the
signatory Unions when such procedures are not in violation of state or federal law.
7.3 In the event that referral facilities maintained by the Unions are unable to
fill the requisition of a Contractor/Employer for qualified employees within a forty eight
(48) hour period after such requisition is made by the Contractor/Employer, the
Contractor/Employer shall be free to obtain work persons from any source.
7.4 Unions will be required to recruit sufficient numbers of skilled craft persons
to fulfill the requirements of the Contractors/Employers. In recognition of the fact that
the communities closest to the Project will be impacted by the construction of these
Projects, the parties agree to support the development of increased numbers of
construction workers from residents of these communities. Toward that end, the Unions
agree to make a concentrated effort to recruit residents of the City enrolled in local trade
schools or otherwise and to refer and utilize qualified City residents on the Projects.
The Unions shall submit written documentation to the City on an annual basis which
sets forth the steps taken by the Unions to recruit, refer and utilize qualified City
residents and the number of City residents recruited by the Unions and referred to or
utilized on the Projects. In recognition of the City's mission to serve the residents of the
City, the Unions and Contractors/Employers agree that, to the extent allowed by law,
and as long as they possess the requisite skills and qualifications, residents of the City
shall be first referred for Project work, including journeypersons, apprentices, or other
positions. The purpose of this section is to provide employment opportunities for those
residents, which live in communities, which have historically been economically
depressed.
7.5 A goal of 30% of all of the labor and craft positions shall be from workers
residing within the Project area described in Section 7.4 above. In addition, a goal of
5% of all of the labor and craft positions shall be from the City wide labor pool classified
as "at risk".
7.6 The "at risk" workers will be referred to the Unions from community-based
job placement organizations and brokers such as City of Carson Job Clearinghouse
located at 1 Civic Plaza, Suite 200, Carson, CA 90745, and the Workforce Investment
Network (WIN), located at 1 Civic Plaza, Suite 500, Carson, CA 90745. The job broker
shall pre-screen any applicant prior to referral to the Unions. Drug screening will be a
prerequisite to employment. The following criteria will be used to identify the "at risk"
worker:
-Household income below 50% of the median;
-Homeless;
12 EXHIBIT F
-Welfare recipient;
-History of involvement with the justice system;
-Unemployed; and
-Single parent.
For the applicant to qualify under this program, the job broker shall verify the presence
of a minimum of two of the above criteria.
ARTICLE VIII
WAGES & BENEFITS
8.1 All employees covered by this Agreement shall be classified in
accordance with work performed and paid by the Contractors/Employers the hourly
wage rates for those classifications in compliance with the applicable prevailing wage
rate determination established pursuant to applicable law. If a prevailing rate increases
under law, the contractor shall pay that rate as of its effective date under the law. This
Agreement does not relieve Contractors/Employers from any independent contractual or
other obligation they may have to pay wages in excess of the prevailing wage rate as
required. The determination of appropriate wage rates is the sole obligation of the
Contractor/Employer and all parties agree that the City shall not be liable for
determining the appropriate wage rates to be paid and/or liable for the payment of
wages.
8.2 Contractors/Employers shall pay contributions to the established
employee benefit funds in the amounts designated by the Unions and make all
employee -authorized deductions in the amounts designated by the Unions; provided,
however, that the Contractor/Employer and Union agree that only such bonafide
employee benefits as accrue to the direct benefit of the employees (such as pension
and annuity, health and welfare, vacation, apprenticeship, training funds, etc.) shall be
included in this requirement and required to be paid by the Contractor/Employer on the
Project; and provided further, however, that such contributions shall not exceed the
contribution amounts set forth in the applicable prevailing wage determination. This
Agreement does not relieve a Contractor/Employer from any independent contractual or
other obligation they may have to make contributions, deductions or payments for
benefits. The determination of appropriate contributions, deductions or payments for
benefits is the sole obligation of the Contractor/Employer and/or Unions and all parties
agree that the City shall not be liable for determining the level of contributions,
deductions or payments for benefits and the City shall not be liable for or required to
make contributions, deductions or payments for benefits.
8.3 The Contractor/Employer adopts and agrees to be bound by the written
terms of the applicable, legally established, trust agreement(s), to the extent said trust
agreements are consistent with this Agreement, specifying the detailed basis on which
13 EXHIBIT F
payments are to be made into, and benefits paid out of such trust funds for the
Contractor's/Employer's employees. The Contractor/Employer authorizes the parties to
such trust funds to appoint trustees and successor trustees to administer the trust funds
and hereby ratifies and accepts the trustees so appointed as if made by the
Contractor/Employer.
ARTICLE IX
EMPLOYEE GRIEVANCE PROCEDURE
9.1 All Contractors/Employers shall be bound to the grievance procedure
contained in the Master Labor Agreement of the craft representing the employee(s)
involved in any dispute. For the purposes of this Article, such grievance procedure shall
be limited to disputes regarding the imposition of discipline or dismissal arising from
work covered by the Agreement. Under either procedure the City must be notified so it
has the opportunity to attend and participate in said proceedings.
ARTICLE X
COMPLIANCE
10.1 It shall be the responsibility of the Contractors/Employers and Unions to
investigate and monitor compliance with the provisions of the Agreement contained in
Article Vill. The City may designate a representative to monitor and investigate issues
related to this Agreement including, but not limited to, the prevailing wage requirements,
local and "At Risk" hiring compliance, and the affirmative action provisions of the City.
ARTICLE XI
JOINT ADMINISTRATIVE COMMITTEE
11.1 The parties to this Agreement shall establish a five (5) person Joint
Administrative Committee. This Committee shall be comprised of three (3)
representative selected by the City; one (1) representative of the Contractor/Employer,
and one (1) representative of the Unions. Each representative shall designate an
alternate who shall serve in his or her absence for any purpose contemplated by this
Agreement.
11.2 The Joint Administrative Committee shall meet as required to review the
implementation of the Agreement and the progress of any of the City's Projects.
ARTICLE X11
DISPUTE RESOLUTION PROCEDURE
12.1 Disputing parties are encouraged to meet as soon as possible and try to
reach an agreement to resolve the dispute. However, if an agreement cannot be
reached, the following procedure shall be used. The parties understand and agree that
14 EXHIBIT F
in the event any dispute arises out of the meaning, interpretation or application of the
provisions of this Agreement, the same shall be settled by means of the procedures set
out herein. Employee grievances shall be evaluated based on the grievance procedure
contained in the Master Labor Agreement of the craft as outlined in Article IX of this
Agreement. The Dispute Resolution procedure outlined in Article XII of this Agreement
shall not include employee grievance procedures. No disputes shall be recognized
unless the disputing party (City on its own behalf, Local Union or District Council on its
own behalf, or Contractor/Employer on its own behalf) provides notice in writing to the
signatory party with whom it has a dispute within five (5) days after becoming aware of
the dispute but in no event more than thirty (30) days after it reasonably should have
become aware of the event giving rise to the dispute. In any cases where the City is not
a party to the dispute, the City shall be provided with notice by telephone and facsimile
or telegram of the dispute by the complaining party. The time limits in Section 13.1 may
be extended by mutual written agreement of the parties.
12.2 Disputes shall be settled according to the following procedures:
Step 1: Within three (3) business days after the receipt of the written
notice of the dispute, the Business Representative of the involved Local
Union or District Council, or his/her designee, the representative of the
involved Contractor/Employer and/or the representative of the City shall
confer and attempt to resolve the dispute.
Step 2: In the event that the representatives are unable to resolve the
dispute within the three (3) business days after its referral to Step 1, either
involved party may submit it within three (3) business days to the Joint
Administrative Committee, which shall meet within three (3) business days
after such referral (or such longer time as is mutually agreed upon by all
representatives of the Joint Administrative Committee), to confer in an
attempt to resolve the dispute. If the dispute is not resolved within three
(3) business days after its referral (or such longer time as mutually agreed
upon) it may be referred within three (3) business days by either party to
Step 3.
Step 3: In the event a dispute cannot be satisfactorily resolved within the
time limits established above in Step 2, the dispute shall be moved to a
Joint Adjustment Board. This Board shall be made up of five (5)
members. One (1) member shall be appointed by the Union, one (1)
member shall be appointed by the Contractor/Employer and three (3)
members shall be appointed by the City. The Adjustment Board will meet
within fifteen (15) days of having received the dispute. A bench decision
will be rendered by the Adjustment Board at the time of the hearing of the
dispute. A written opinion may be requested by either party from the
Adjustment Board. Any decision of the Adjustment Board shall be subject
to judicial review.
15 EXHIBIT F
12.3 The time limits specified in any step of the Dispute Resolution Procedure
set forth in Section 12.2 may be extended by mutual agreement of the parties initiated
by the written request of one party to the other, at the appropriate step of the dispute
Procedure. However, failure to process a dispute, or failure to respond in writing within
the time limits provided above, without a request for an extension of time, shall be
deemed a waiver of such dispute without prejudice, or without precedent to the
processing and/or resolution of like or similar disputes.
12.4 In order to encourage the resolution of disputes at Steps 1, 2, and 3 of the
dispute procedure, the parties agree that such settlements shall not be precedent
setting.
ARTICLE XIII
JURISDICTIONAL DISPUTES
13.1 The assignment of work will be solely the responsibility of the
Contractor/Employer performing the work involved; and such work assignments will be
in accordance with the Plan for the Settlement of Jurisdictional Disputes in the
Construction Industry (the "Plan") or any successor Plan.
13.2 All jurisdictional disputes on this Project, between or among Building and
Construction Trades Unions and Contractors/Employers, parties to this Agreement,
shall be settled and adjusted according to the present Plan established by the Building
and Construction Trades Department or any other plan or method of procedure that
may be adopted in the future by the Building and Construction Trades Department.
Decisions rendered shall be final, binding, and conclusive on the Contractors/Employers
and Unions parties to this Agreement.
13.3 All jurisdictional disputes shall be resolved without the occurrence of any
strike, work stoppage, or slow -down of any nature, and the Contractor's/Employer's
assignment shall be adhered to until the dispute is resolved. Individuals violating this
section shall be subject to immediate discharge.
13.4 Each Contractor/Employer will conduct a pre -job conference with the
appropriate Building and Construction Trades Council prior to commencing work. The
Project Contractor and the City will be advised in advance of all such conferences and
may participate if they wish.
ARTICLE XIV
MANAGEMENT RIGHTS
14.1 The Contractor/Employers retain full and exclusive authority for the
management of their operations. This includes, but is not limited to, the right to direct
their working force and to establish coordinated working hours and starting times, which
shall not be in conflict with the Collective Bargaining Agreements of the Unions if
applicable.
16 EXHIBIT F
14.2 There shall be no limit on production by workers or restrictions on the full
use of tools or equipment. Craftsmen using tools shall perform any of the work of the
trades and shall work under the direction of the craft foremen. There shall be no
restrictions on efficient use of manpower other than as may be required by safety
regulations. The Contractors/Employers may utilize the most efficient methods or
techniques of construction, tools or other labor-saving devices to accomplish the work.
Restrictive practices not a part of the terms and conditions of the Agreement will not be
recognized.
14.3 The Contractor/Employer shall be the sole judge of the number and
classifications of employees required to perform work subject to this Agreement. The
Contractor/Employer shall have the absolute right to hire, promote, suspend, discharge
or lay off employees at their discretion and to reject any applicant for employment,
subject to the provisions of the respective craft collective bargaining agreement
between the particular Contractor/Employer and Union and pursuant to this Agreement.
14.4 Nothing in this Agreement shall be construed to limit the right of any of the
Contractors/Employers to select the lowest bidder he deems qualified for the award of
contracts or subcontracts or material, supplies, or equipment purchase orders on the
Project. The right of ultimate selection remains solely with the Contractor/Employer in
accordance with the Construction Contract or Inspection Services Contract.
14.5 It is recognized that certain materials, equipment and systems of a highly
technical or technological and specialized nature will have to be installed at the Project.
The nature of the materials or the nature of the equipment and systems, together with
requirements of manufacturer's warranty, dictate that it be prefabricated, prepiped,
prewired and/or installed under the supervision and direction of the City's,
Contractor's/Employer's and/or manufacturer's personnel. The Unions agree that such
materials, equipment and systems may be installed under the supervision and direction
of the City's, its representative, the Contractor's/Employer's or the manufacturer's
personnel. The unions agree that such materials, equipment and systems shall be
installed without the occurrence of any conduct described in Sections 4.1 and 4.2.
ARTICLE XV
SAFETY, PROTECTION OF PERSON AND PROPERTY
15.1 It shall be the responsibility of each Contractor/Employer to ensure safe
working conditions and employee compliance with any safety rules contained herein or
established by the City, the state and the Contractor/Employer. It is understood that the
employees have an individual obligation to use diligent care to perform their work in a
safe manner and to protect themselves and the property of the Contractor/Employer
and the City.
15.2 Employees shall be bound by the safety, security and visitor rules
established by the Contractor/Employer and the City. These rules will be published and
posted in conspicuous places by the Contractor/Employer throughout the work site. An
17 EXHIBIT F
employee's failure to satisfy his obligations under this Section will subject him to
discipline, including discharge.
15.3 The parties acknowledge that the City and Contractor/Employer have a
policy, which prohibits the use, sale, transfer, purchase and/or possession of a
controlled substance, alcohol and/or firearms while on the City's premises. Additionally,
the Contractor/Employer has a "drug free" work place policy, which prohibits those
working on the City's premises from having a level of alcohol in their system, which
could indicate impairment, and/or any level of controlled substances (i.e., illegal drugs)
in their system.
15.4 To that end, the parties agree that the Labor/Management memorandum
of Understanding (MOU) on Drug Abuse Prevention and Detection negotiated with the
various General Contractor Associations and the Basic Trades' Unions shall be the
policy and procedure utilized under this agreement. The MOU is appended to this
agreement as Attachment B.
ARTICLE XVI
SAVINGS CLAUSE
16.1 The parties agree that in the event any article, provision, clause, sentence
or work of the Agreement is determined to be illegal or void as being in contravention of
any applicable law, by a court of competent jurisdiction, the remainder of the Agreement
shall remain in full force and effect. The parties further agree that if any article,
provision, clause, sentence or word of the Agreement is determined to be illegal or void,
by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in
its place and stead, an article, provision, sentence or work which will meet the
objections to its validity and which will be in accordance with the intent and purpose of
the article, provision, clause, sentence or word in question. All parties signatory to this
Agreement will be required to comply with the law.
16.2 The parties also agree that in the event that a decision of a court of
competent jurisdiction materially alters the terms of the Agreement such that the intent
of the parties is defeated, then the entire Agreement shall be null and void.
16.3 If a court of competent jurisdiction determines that all or part of the
Agreement is invalid and/or enjoins the City from complying with all or part of its
provisions no Contractor/Employer, or Union would be bound by the provisions of Article
IV. The Unions and their members shall remain bound to Article IV with respect to all
Contractor/Employers who remain bound to this Agreement, and no action taken by the
Unions or their members shall disrupt the work of such Contractor/Employer.
ARTICLE XVII
PRE -JOB CONFERENCE
17.1 A pre -job conference shall be held prior to the start of work by the prime
contractor for the Project covered by this Agreement. The purpose of the conference will
18 EXHIBIT F
be to, among other things, determine craft manpower needs, schedule of work for the
contract and Project work rules/owner rules.
ARTICLE XVIII
STEWARD
18.1 Each Union shall have the right to designate one working craft employee
as steward for each Contractor/Employer employing such craft on the Project. Such
designated steward shall be a qualified workman assigned to a crew and shall perform
the work of the craft. The steward shall not perform supervisory duties. Under no
circumstances shall there be nonworking stewards. Stewards shall be permitted a
reasonable amount of time during working hours to perform applicable Union duties
related to the work being performed by the craft employees of his Contractor/Employer
and not to the work being performed by other Contractors/Employers or their
employees.
ARTICLE XIX
TERM
19.1 To the extent provided herein, this Agreement shall commence and be
applicable to all Construction Contracts and Inspection Services Contracts entered into
sixty (60) days after execution of this Agreement by all parties.
19.2 The Agreement shall continue in full force and effect for a period of five (5)
years after the commencement date. The Agreement may subsequently extended be
written amendment if agreed to by the parties.
19.3 The parties to this Agreement shall not be bound by or required to comply
with the provisions of this Agreement upon expiration or termination of this Agreement.
ARTICLE XX
INDEMNITY
20.1 The Unions agree to indemnify the City, Carson Redevelopment Agency,
their officers, agents and employees against, and will hold and save them and each of
them harmless from, any and all actions, suits, claims, direct damages, consequential
damages, economic loss, damages to persons or property, other losses, costs,
penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that
may be asserted or claimed by any person, firm or entity arising out of or in connection
with this Agreement, the interpretation of an provision contained in this Agreement, the
negligent performance of or failure to perform any term, provision, covenant or condition
of this Agreement, and/or any violation of federal, state, local, public entity or agency
law, order, regulation, determination or ordinance, whether or not there is concurrent
passive or active negligence on the part of the City, Carson Redevelopment Agency,
their officers, agents or employees but excluding such claims or liabilities arising from
the sole negligence or willful misconduct of the City, Carson Redevelopment Agency,
19 EXHIBIT F
their officers, agents or employees, who are directly responsible to the City and Carson
Redevelopment Agency, and in connection therewith:
(1) The Unions will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs
and aftorneys'fees incurred in connection therewith;
(2) The Unions will promptly pay any judgment rendered against the
City, Carson Redevelopment Agency, their officers, agents or employees for any such
claims or liabilities arising out of or in connection with the Agreement, the interpretation
of any provision contained in the Agreement, the negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, and/or any
violation of federal, state, local, public entity or agency law, order, regulation,
determination or ordinance, related to this Agreement, and the Unions agrees to save
and hold the City, Carson Redevelopment Agency and their officers, agents, and
employees harmless therefrom;
(3) In the event the City, Carson Redevelopment Agency, their
officers, agents or employees is made a party to any action or proceeding filed or
prosecuted against the Contractor/Employer or Union for such damages or other claims
arising out of or in connection with this Agreement, the interpretation of any provision in
this Agreement, negligent performance of or failure to perform any term, provision,
covenant or condition of this Agreement, and/or any violation of federal, state, local,
public entity or agency law, order, regulation, determination or ordinance, the Unions
agrees to pay to the City, Carson Redevelopment Agency, their officers, agents or
employees, any and all costs and expenses incurred by the City, Carson
Redevelopment Agency, their officers, agents or employees in such action or
proceeding, including but not limited to, legal costs and attorneysfees.
ARTICLE XXI
MISCELLANEOUS PROVISIONS
21.1 This Agreement shall be construed and interpreted both as to validity and
to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Los Angeles, State
of California, or any other appropriate court in such county.
21.2 Any notice, demand, request, document, consent, approval, or
communication required by or to be given to City shall be sent to the City Manager, City
of Carson, 701 East Carson Street, Carson, California 90745.
21.3 The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
20 EXHIBIT F
21.4 The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this Agreement, and (iv)
the entering into this Agreement does not violate any provision of any other agreement
LU vvhich said party is bound.
21.5 Any modification to this Agreement must be in writing executed by all
parties hereto.
[SIGNATURES ON FOLLOWING PAGE]
21 EXHIBIT F
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written below.
THE UNION OFFICIALS signing this Agreement warrant and represent that they are
authorized to collectively bargain on behalf of the organizations whom they represent
and the members of such organizations.
The City of Carson
Dated: By:
1011,
&6e- "�Ix'e - -'I'Y16 "i7 -
B T
Los Angeles/Orange Counties
Building and Construction Council
Dated: By:
22 EXHIBIT F
Belaire-West Landscape, Inc.
7371 Walnut Ave., Buena Park, CA 90620
Mr. Jerry Groomes
City Manager
City of Carson
701 East Carson Street
PO Box 6234
Carson, CA 90749
SUBJECT: CITY OF CARSON PROJ NO 1115: MAIN STREET LANDSCAPE MEDIAN FROM
223P -D STREET TO CARSON STREET, PROJECT LABOR AGREEMENT.
Dear Mr. Groomes:
Lic. 448-636
P (714) 523-9200
F (714) 523-9201
This is to certify that the undersigned Contractor/Employer has examined a copy of the subject Project
Labor Agreement entered into by and between the City of Carson and signatory Building and Construction
Trades Councils and Unions dated June 27, 2005. The undersigned Contractor/Employer hereby agrees to
comply with all of the terms and conditions of the aforementioned Project Labor Agreement as such labor
Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.
It is understood that the signing of the letter of Assent shall be as binding on the undersigned
Contractor/Employer as though the Contractor/Employer had signed the above referred Agreement and
shall require all its subcontractors, of whatever tier, to become similarly bound for all work within the
scope of this Agreement.
This Letter of Assent shall become effective and binding upon the undersigned Contractor/Employer the 14
day of April 2006, and shall remain in full force and effect until the completion of the above stated project.
Sincerely,
Belaire-West Landscape, Inc.
ee"'
(]J'an St:l'kZ&
President
TABLE OF CONTENTS
Page
ARTICLEI DEFINITIONS ............................................................................... 2
ARTICLE 11 SCOPE OF AGREEMENT ........................................................... 4
ARTICLE III EFFECT OF AGREEMENT .......................................................... 6
ARTICLE IV WORK STOPPAGES, STRIKES, SYMPATHY STRIKES
ANDLOCKOUTS ......................................................................... 7
ARTICLE V NO DISCRIMINATION ............................................................... 10
ARTICLE VI UNION SECURITY ..................................................................... 11
ARTICLEVII
REFERRAL ................................................................................
11
ARTICLE VIII
WAGES & BENEFITS ................ ...............................................
13
ARTICLE IX
EMPLOYEE GRIEVANCE PROCEDURE ..................................
14
ARTICLEX
COMPLIANCE ............................................................................
14
ARTICLE XI
JOINT ADMINISTRATIVE COMMITTEE ....................................
14
ARTICLE XII
DISPUTE RESOLUTION PROCEDURE ....................................
14
ARTICLE XIII
JURISDICTIONAL DISPUTES ...................................................
16
ARTICLE XIV
MANAGEMENT RIGHTS ...........................................................
16
ARTICLE XV
SAFETY, PROTECTION OF PERSON AND PROPERTY .........
17
ARTICLE XVI
SAVINGS CLAUSE ....................................................................
18
ARTICLE XVII PRE -JOB CONFERENCE .......................................................... 18
ARTICLEXVIII STEWARD .................................................................................. 19
ARTICLEXIX TERM ......................................................................................... 19
ARTICLEXX INDEMNITY ................................................................................ 19
ARTICLE XXI MISCELLANEOUS PROVISIONS .............................................. 20
SAMPLE OF ATTACHMENT "A .................................................................................. 23
ACORD TM GERTIFICAT
ODUCER
WIRED
Driver Alliant Insurance
Jay Freeman
3270 Inland Empire Blvd., #100
Ontario, CA 91764
Belaire West Landscape, Inc.
P.O. Box 6270
Buena Park CA 90622
DATE (MM/DD/YY
)FLIABILITY: INSURANCE 4/12/06
909-94 : 1 , -6699 THIS CERTIFIEUFE ig IS96E AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Mt. Hawley Insurance Co/TB&C
COMPANY
B National Union Fire Ins/TB&C
COMPANY
C
COMPANY
D
. .......... . ..
)VERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
. . - -1 - — — 1 1-1— OUnIAIKI RAAV WAX/C Rr=Kl oi:;ni irrn Rv r>hin ri AiPLAq
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDtYY)
POLICY EXPIRATION
DATE (MMIDD/YY)
LIMITS
GENERAL
x
LIABILITY
COMMERCIAL GENERAL LIABILITY
ICLAIMS MADE F-xl OCCUR
OWNER'S & CONTRACTOR'S PROT
BI/PD Ded:
MGLO1 46792
2/13/06
2/13/07
GENERAL AGGREGATE $ 2,000,00
PRODUCTS - COMP/OP AGG $ 1,000,00
PERSONAL & ADV INJURY $ 1,000,00
EACH OCCURRENCE $ 1,000,00
FIRE DAMAGE (Any one fire) $ 50,000
$5,000
M ED EXP (Any one person) $ 5,000
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT $
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per wcident)
PROPERTY DAMAGE $
GARAGE LIABILITY
ANY AUTO
I
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
BE9302867
2/13/06
2/13/07
EACH OCCURRENCE $ 5,000,00
AGGREGATE $ 5,000,00
Retention $ $10,00(
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
-To
THE PROPRIE )R/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL
STATU- TH-
I TOCRY LIMITS I JOER
EL EACH ACCIDENT $
EL DISEASE - POLICY LIMIT $
EL DISEASE - EA EMPLOYEE $
OTHER
10 Days Notice for Non -Pay.
SCRIPTION OF OPERATIONSfLOCATIONS/VEHICLES/SPECIAL ITEMS
Re: Job #1115, Main Street Landscape Median from 223rd Street to
Carson Street; Carson, CA.
City of Carson, California ... (Continued on attached.)
GENERAL COMPREHENSIVE LIABMY
ADDITIONAL INSURED ENDORSEMENT
NAME OF ADDRESS OF INSURED: Belaire West Landscape, Inc.
General description of agreement(s) and/or activity(ies) insured:
Job #990, Carson Park Improvements, Rehabilitation of Existing Irrigation System.
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or
in any endorsement now or hereafter attached thereto, it is agreed as follows:
I . The Owner, consisting of one or both of the following described public entities:
(X1 N The City of Carson, California
C 1 0 The Carson Redevelopment Agency
and its or their elected officials, officers, agents and employees arc insured there
under in relation to those activities described generally above with regard to
operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance
maintained by the Owner.
3. The policy to which this endorsement is attached shall apply separately to each
insured against whom claim is made or suit is brought except with respect to the
limits of the company's liability.
4. The Policy to which this endorsement is attached shall not be subject to
cancellation, change in coverage, reduction of limits or non -renewal except after
written notice to Risk Management, City of Carson, by certified mail, return
receipt requested, not less than thirty'(30) days prior to the effective date thereto,
*10 Days Notice of Cancellation for Non -Payment of Premium.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management
City of Carson
P.O. Box 6234
Carson, CA 90749
(310) 830-7600
Except as stated above and not in conflict with this endorsement, nothing contained herein shall
be held to waive, alter or extend any of the lim.its, agTeements, or exclusions of the policy to
which this endorsement is attached.
38
EXHIBIT B
GAPROJECTS\990 Car5on Park\891a IM -Was Aa grearn ent.doc
Endorsement Effective Policy No.
No. Dam 2/13/06 MGLO146792
TYPE OF COVERAGES TO WMCH POLICY PERIOD LM41TS OF
THIS ENDORSENM LIABU-JTY
General Liability 2/13/06 2/13/07 $1,000,000
Scheduled items or locations are to be identified on an attached sheet,
The following inclusions relate to the above coverages includes:
N P"emises & Operations
N Contractual Liability
W Independent Contractors
00 Products/CompicEed Operations
(X) Broad -Form Property Damage
(X) Broad Form Liability Endorsement
W Explosion Hazard
Q) Collapse
(X) Underground Hazard
N Personal Injury
A deductible of $5,000
applies to General Liability -coverage,
DEDUCTUBLE APPLMS PER CLAN , PER OCCURRENCE XX
Mt Hawley Insurance Company/TB&C
INSURANCE 'COMPANY
ADDRESS: 1551 N. Tustin, #480
Santa Ana, CA 92705
1, C. Farnsworth , (print name) hereby declare under penalty of
perjury, under the laws of the State of Cajifomia, that I have the authority to bind the above-
named insurance company to this endorsement and by MY execution hereof, do so bind said
company,
Signature of Authorized Representative (Original Signature only;
No facsimile signature or initialed signature accepted)
Executed at Driver Alliant Insurance Services
I on
Phone No.: (909) 941-6699
39
EXHIBIT B
GAPROJECTS\990 Cargon Pa *091alre-Wee Aagreem ant, doc
April 12
- , 2006
EXCESS LIABUTY INSURANCE
ADDITIONAL INSURED ENDORSEMENT
NANM AND ADDRESS OF LNSURED: Belaire West Landscape, Inc.
General description of agreement(s) and/or activity(jes) insured:
Job #990, Carson Park Improvements, Rehabilitation of Existing Irrigation Systems
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or
in any endorsement now or hereafter attached thereto, it is agreed as follows:
The Owner, consisting of one or both of the following described public entities:
[X1 0 The City of Carson, California
[ ) 0 The Carson Redevelopment Agency
and its or their elected officials, officers, agents and employees are insured
thereunder in relation to those activities described generally above with regard to
operations performed by or on behalf of the named insured.
2 Such insurance shall be primary, and not contributing with any other insurance
maintained by the Owner.
3. The policy to which this endorsement is attached shall apply separately to each
insured against whom claim is made or suit is brought except with respect to the
limits of the company's liability.
4. The policy to which this endorsement is attached shall not be subject to
cancellation, change in coverage, reduction of limits or non -renewal except after
written notice to Risk Management, City of Carson, by certified mail, return
receipt requested, not less than chirty*(30) days prior to the effective date thereto.
*10 Days Notice of Cancellation for Non -Payment of Premium.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management
City of Carson
P.O. Box 6234
Carson, CA 90749
(310) 830-7600
Except as stated above and not in conflict with this endorsement, nothing contained herein shall
be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached,
44
EXHIBIT E
GAPROJECTS\990 Carson Park\891aire-West\agrooment.doc
Endorsement Effective Pol No.
No. 2/13/06 BE8
Date 9 02867
TYPE OF COVERAGES TO WHICH POLICY PERIOD LTMITS OF
TMS ENDOR' )EMENT ATTACHFN - FROM TO LJABILITY
Excess Liability 2/13/06 2/13/06 AMQU rr BXrEss OP
( ) Following Form
(X Umbrella Liability
( Other
Applicable underlying coverages
Insurance.COMDany Policy No. Amour)
Nationa Union Fire Insurance Co BE9302867 $5,000,000
The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
A M"MMXself-insured retention (strike out one) of$ $10,000 applies
to coverages not included in underlying policies.
DEDUCTIBLE APPLIES PER CLAIM_, PER OCCURRENCE— XX
INSURANCE COMPANY
Nationa Union Fire Ins/TB&C
ADDRESS: 1551 N. Tustin, #480
Santa Ana, CA 92705
1, C. Farnsworth , (print name) hereby declare under penalty of
perjury, under the laws of the State Of California, that I have the authority to bind the above-
named insurance company to this endorsement and by my execution hereof, do so bind said
company,
Signature of Authorized Representative (Original Signature only,
No facsimile signature or initialed signature accepted)
Executed at Driver Alliant Insurance Servicies
I on
Phone No.: (909 ) 941-6699
45
EXHIBIT E
GAPROJECTSMO Careon Park%Sela ire- Was r\agreement,doc
April 12 2006
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142,-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04-13-2006 GROUP:
POLICY NUMBER: 1767393-2008
CERTIFICATE ID: 130
CERTIFICATE EXPIRES: 01-01-2007
01-01-2008/01-01-2007
CITY OF CARSON
ATTN MASSOUD GHIAM
PO BOX 6234
CARSON CA 90749-8234
SID JOB:PROJECT 1115
MAIN STREET MEDIAMS
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon3o days advance written notice to the employer.
We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
�THORIZED REP"RE/�SENTATIX� PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1800 - JANICE STRUIKSMA-GROEN PRES SEC - EXCLUDED.
ENDORSEMENT #1600 - DUANE GROEN VP TREAS - EXCLUDED.
ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008-04-13 IS
--.ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF CARSON
EMPLOYER
BELAIRE-WEST LANDSCAPE, INC.
PO BOX 8270
BUENA PARK CA 90622
(RE V� 2-05)
SP
[REW,SCI
PRINTED : 04-13-2006
SP
WAIVER OF SUBROGATION NOTICE
Enclosed is your copy of a certificate of insurance on which the certificate holder
required a waiver of subrogation:
1. Please be advised that a waiver of subrogation requires that a 3% surcharge
will be applied by State Fund ONLY to the premium assessed on the payroll
of your employees earned while engaged in work for that certificate holder
who requested the waiver. (Note: if you have no employee payroll on that job,
then there is no charge.)
2. To apply the 3% surcharge, you must also agree to maintain accurately
segregated payroll records for employees engaged in work on job/s for the
certificate holder who has the waiver. The payroll records are subject to
verification by an auditor.
Example:
Payroll for job: $5,000.00
Sample Rate: 13.30%
----------
Regular Premium equals: $ 665.00
Surcharge: 3.00%
Additional Waiver charge: $ 19.95
Total premium equals $ 684.95 (665.00 + 19.95)
04/13/2006 11:26 8054979437 STATE FARM INSURANCE PAGE 02
*TAT* P.Amm CEFMFICATE OF INSU"NCE
T isc t C3 STATE FARM FIRE AND' CASUALTYCOMPANY, Slooming'to 11111'�OISFAAM MICHAEL C. GLISICK, Ager
0 STATE FARM GENERAL INSURANCE COMPANY, Bloomin n, 199 E Thousmd Ok ah(d gu�,3 1,
10AMN a I policylloldei fui the coverages Indicated below- Rasand Oaks, CA 913W'
*1" of policyholder SELAIRE WEST LANDSCAPE I C. 6113: M 497-9a
Address of policyholder 7371 WALNUT AVENUE I:V.' P) 497-CA37
nUENA PARK, CALIFORNT.A 90620-1739
Loanion of operations _CARSON, CA1,1FORNIA
Description0foperations; LANDSCAPE MEDIANS - MAIN ST. FROM -223"D ST TO CARSON ST
The Policies li0ed below have been issued tn thP I'Alie.yholder fbr the Policy Period$ shown. The insurance de-5cribed in theae paii,
subject to all the terms exclusions. and conditions of those policies Tho limitc nf linhilitu ep�%� m�- k-..- I— L-.. --.. --:, -,-.
I
POLICY NUM13ER
TYPE OF INSURANCE
POLICY
..'0UU%-WJ my dil dlu clal S,
LIMITS OF LIABILITY
Effective Dow Fowiraflon Date
(at k�innlnq of polk;y period)
LThis:in-suranr.e
Comprehensiv-0
BODILY INJURY AND
Business Liabilit
y
PROPERTY DAMAGE
includes-, 0 Products - GornpleW Operations
0 Contractual Liability -
0 Underaround Hazard Coverage
F-ach Occurrence $
El Personal Injury
[I Advertising Injury
General Aggregate $
El Explo*ivii Hamrd Coverage
Products - Completed
El Collapse Hazard Coverage
Operations Aggregate $
0 -General Aggregate Limit applies to each project
El
EXCE55 LIABILITY
POLICY PERIOD
BODILY INJURY AND PROPCRTY DAMAGE
Effective Date Expiration Date
(Combined Single Limit)
Umbrefla
Each Occurrence $
Oth.er
A-qq ate
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers'Compensation
and Employers Liability
Each Accident $
Disemue EmAl Employee $
Disease - Policy Limit $
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
LIMITS OF LIABILITY
EffeCtive Vats Expiration Dift
(at beoinnIES of po
licy period)
056 6526-75Q
-&U_O LIABILITX
--03/06/06 03/06/07
$1. QQ-0---0Q0CSL
056 —65.26-75c
AUTO IABILTTY
AMTO LIABILIJKJ
03/ftfiLQ6 0-1/06/0-7
Q, H I RE Q, &
056 6526-75(.'
03/06/06 03/06/07
-C)WNE
NON -OWNED
ADDTTIONAL INSURED:
Name and Address of Certificate Holder
CITY OF CARSON
P.O. BOX 6234
CARSON, CA 90749
If any of the described policies -are canceled betbre its
expiration data, State Form vAll try to mail a written notice to
the certificate holder 3 0 days before cancellation. If,
however, we fail to mallsuch notice, no obligation or liability
vAll be imposecl on SWe Form or its agents or
representatives,
zed lioresenfative
AGENT
Title
04/11/2006
558-994 a Z90 Nnted in U.SA noto
04/13/2006 11:26 8054979437 STATE FARM INSURANCE PAGE 03
ATJTOMOBjLF_ LLABMTy
ADDMONAL INSMD ENDORSpMFNT
BELATRE WEST.LANDSCAPE.,,INC,, 7371 WALNUT AVE, SUENA PARK, CA 9062(
NA?vM OF ADMESS Or INSURED: I -
LANDSCAPE MEDIANS -MAIN STREET
FROM 223RD TO CARSON ST.
General ftqanption of agreement(s) and/o;V aotivity(je$) inswed�
NOtll,dthistanding any inconsistent statement in the poli y whi h this C do ment is attach r
in any, endors' 0 to C n me ed o
ement now or hereaRer attached therato, it is agra04 cLs follows;
The Owner, consisting Of one or both of die following described public entities:
(XJ 0 'Me City of Canon, California
I- 1 0 The Carson Redeveloprne.nt Agency
and its or their elected offiriltIal officers, Rgents, and employ= are insureds
thereunder in Tclation to those activities descdbed generaDy abov . e with regard to
operations performed by or on behalf of the namod insured,
2. Such"insurance SWI be primary, and not contributi"S with any Other insur=cc
maintained by the Owner.
3. 'n' PclicY to whic1l this endorsement is aftubed shall Apply separately to each
insured against whom claiM is made or suit is brought except with respect to the
liraits Of the companys liability.
4. The po"ry to wh'Oh this end0r80=0nt i,% attached shall not be subject to
cancellation, Change in coverage, reduction of limits or non-rmowal except after
W:ritten notice to Risk Manageznent. r-ity Of Cman, bY certifed mzo, rcium
receiptmquested, not less than, thirty (30) days prior to the effective datc ther
'eto.
CA'C7�LLAT'01" NOTICE AND ENDORSE�ONT TO BE SENT TO,
Risk Manageruent
City of Carson
P.O. Dox 6234.
C21404 CA 90749
(310) 952-1700
Except as stated above and not in coTulict with this mdorsement, nnt.hi
be held to waive al* ng contained Ixorcin shall
, tcr or exterld aay of the limi.te, agreements , or exclusions of the policy to
which this endorsement is rAtt.,hcd.
Page I of 2
-EXMIT C
G,\PJt0JF-CrS\] Y15 MAJ11 StM&N,,\Sp�L,� 510NIC.doc.spc
04/13/2006 11:26
Erdor=mant
8054979437
Ef%tive
TYPE OF COVERAGES TO WHICIJ
AUTO LIABILITY
STATE FARM INSURANCE
4/11/06
POLICY PERIOD
03/06/06
Scheduled iteras or locations are to be identified on an attached sheet
Th-- f-0110wing an covered by the policy.
PAGE 04
Policy No,
6 6526 -
Uwrs OF
03/06/07 .1,000,000
Owned Automobiles W Owned, Nonowned and Hired Autonjobiles
NOnOwned Automobiles
Hired Automobiles
A deductible 'It��MXWstrike nut one) of T60-0
aPP1JeS to COMP /rnT.T.T.CZTOM Ovemge.
DEDUCTMLE AppLM PER CLAM4-_YES_, pER OCCLTMWCE yEs
STATE FARM INSURANCE
INSURANa COWANY
ADDRESS:, 199 E THOUSAND OAKS BLVD
THOUSAND OAKS, CA 91360
SHARON JAMIESON
(Print narne) hereby declare under penalty of
*um undcr the laws of the State nf California, that I have t1lu authority to bind the above-
nArned. insuranou cOmPany to this endofscmeftt and by my execution hereof, do so bind said
cQmpany.
:s7d'
Signature Of Authorized R-9-pim'ewlive (oliginal Sjq=njm on
No facsimile signature Or initialed signature accepted) ly;
Executedat vmusAm) nA.j<,,q
cA-
-�On ____ AIVRIL 13 06
Phono NC)., 805 497 9435
Page 2 of 2
CMPMJECM�j 11-5 Win & MddieMSp=t5�1 I ISEXhibitC-doc LYRMITC
City of Carson
Report to Mayor and City Council
April 4, 2006
New Business Consent
SUBJECT: AWARD OF CONTRACT - PROJECT NO. 1115: MAIN STREET LANDSCAPE
MEDIAN FROM CARSON STREET TO 223RD STREET I
Subn1ftt&'by-M:--Vi GorlroM�
Development Services-Genefi'l Manager
SUMMARY
Approv -�;�ro& G. Groomes
On February 21, 2006, City Council approved the plans and specifications for
Project No. 1115: Main Street Landscape Median from Carson Street to 223rd
Street (Exhibit No. 1) and called for bids (Exhibit No. 2). Seven bids were
received and opened by the City Clerk on March 9, 2006. The lowest
responsive bidder is Belaire-West Landscape Inc., with a bid in the amount of
$418,700.00. This project requires compliance with the city's Project Labor
Agreement (PLA).
II. RECOMMENDATION
TAKE the following actions:
1. AWARD a construction contract for Project No. 1115: Main Street
Landscape Median from Carson Street to 223rd Street, in the amount of
$418,700.00, to the lowest responsive bidder, Belaire-West Landscape Inc.
2. AUTHORIZE construction contingencies in the amount of $45,540.00 (11 %)
for change orders such as the removal and remediation of contaminated soils,
substructure conflicts and other unforeseen construction work that may be
required to complete this project.
3. AUTHORIZE the Mayor to execute the construction contract following
approval as to form by the City Attorney.
AILTERNATIVES
Re . ect all bids and take any other action that the City Council deems necessary
J
and appropriate at this time.
IV. BACKGROUND
The Main Street median project is listed in the city's Capital Improvement
Program (CIP) for FY 2003/04. This project will complete the remaining "gap"
in landscaped medians along Main Street. The proposed improvements include
construction of 2,500 lineal feet of raised medians along the street centerline
from Carson Street to 223rd Street. Improvement work also includes sawcutt" g
City of Carson Report to Mayor and City Council
April 4, 2006
and removing of asphalt/concrete cement pavement within the proposed median
area; construction of median curbing; installation of landscaping, including trees,
shrubs and turf areas; colored hardscape; asphalt overlays at the left turn
pockets; and other related median work.
On April 5, 2005, the City Council awarded KEC Engineering, Inc., a
professional service agreement to design and prepare construction plans and
specifications for the Main Street Median Landscaping Project No. 1115, for a
fee not to exceed $35,760.00 (Exhibit No. 3).
On February 21, 2006, the City Council approved plans and specifications and
called for bids. On March 9, 2006, seven bids were received and opened by the
City Clerk as listed below:
Staff has reviewed the bids and finds that the lowest responsive bidder, Belaire-
West Landscape Inc., is a bona fide contractor licensed by the State of
California. The bid bond, in the amount of 10% of the total bid supplied by
Arch Insurance Company, a corporation duly organized and existing under the
laws of the State of Missouri, is in order and was submitted with the bid. The
contractor's references have been checked, and it has been verified that the
contractor has completed similar projects in an acceptable manner.
An approximate schedule for this project is as follows:
Award of Contract
Bidder
Place of Business
Total Bid
I .
Belaire-West Landscape Inc.
Buena Park
$418,700.00
2.
Sully -Miller Contracting Co.
Anaheim
$448,000.00
3.
Mega Way Enterprises
Pomona
$453,000.00
4.
Diversified Landscape
Riverside
$492,000.00
Management Inc.
5.
Bannaou Engineers
Chatsworth
$576,250.00
Constructors Corp.
6.
Pima Corporation
Los Angeles
$583,000.00
7.
Excel Paving Company
Long Beach
$618,400.00
Staff has reviewed the bids and finds that the lowest responsive bidder, Belaire-
West Landscape Inc., is a bona fide contractor licensed by the State of
California. The bid bond, in the amount of 10% of the total bid supplied by
Arch Insurance Company, a corporation duly organized and existing under the
laws of the State of Missouri, is in order and was submitted with the bid. The
contractor's references have been checked, and it has been verified that the
contractor has completed similar projects in an acceptable manner.
An approximate schedule for this project is as follows:
Award of Contract
April 4, 2006
Bonds and Agreement Submittal
April 17, 2006
Approval by City Attorney
April 18, 2006
Notice to Proceed
April 19, 2006
Start of Construction
May 1, 2006
Completion of Construction
July 31, 2006
N
City of Carson Report to Mayor and City Council
April 4, 2006
This project is subject to the requirement of the cityfs master Project Labor
Agreement ("PLA"). The contractor, and all of its subcontractors, have the
obligation to comply with all of the terms of the PLA.
V. FISCAL IWACT
The total estimated construction cost of this improvement project is $500,000.00.
Funds for this project were included in the FY 2005/06 Gas Tax Fund budget in
Account No. 12-80-999-004-8020/0111501.
V1. EXMBITS
1. Location Map (pg. 4).
2. Excerpt of minutes for the City Council meeting on Feb. 21, 2006 (pg. 5).
3. Excerpt of minutes for the City Council meeting on April 5, 2005 (pg. 6).
G:\PROJECTS\ 1115 Main St Median\Ageridas\04-04-06 cc PROJECT 1115 AWARD OF CONTRACT.doc
Prepared by: MASSOUD GHIAM P. E.
sf-Rev061902
Reviewed by:
� City Clerk
Administrative
Economic
Date
Services
City Treasurer
Development Services
Public Services
Action taken by City Council
Action
CARSON ST
219TFIPL
PROJECT SITE
223RD ST
'.'ity of Carson Project No. 11 151r
Main Street Landscape Median from
Carson St to 223rd St
EXHIBIT NO. I
Unofficial Until Approved by
City Council
ITEM NO. (10) APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATES AND
AUTHORIZATION TO ADVERTISE FOR BIDS - PROJECT NO. 1115:
MAIN STREET LANDSCAPE MEDIAN FROM CARSON STREET TO
223RD STREET (DEVELOPMENT SERVICES)
RECOMMENDATION for the City Council:
TAKE the following actions:
APPROVE the plans, specifications and estimates, and order the work for Project No. 1115:
Main Street Landscape Median from Carson Street to 223rd Street.
2. INSTRUCT staff to advertise the work and call for bids for Project No. 1115: Main Str I eet
Landscape Median from Carson Street to 223rd Street.
ACTION: This item was Approved on the New Business Consent Calendar on motion of
Williams, seconded by Ruiz-Raber and unanimously carried by the following vote:
Ayes: Mayor Dear, Mayor Pro Tem Ruiz-Raber, Council Member Santarina, Council
Member Williams, and Council Member Gipson
Noes: None
Abstain: None
Absent: None
EXHIBIT NO. 2
Carson Citi, Coliticil
February 21, 2006
PAGE 12
Unofficial Until Approved by
City Council
ITEM NO. (14) APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KEC
ENGINEERS, INC. TO PROVIDE DESIGN SERVICES - PROJECT NO.
1115: MAIN STREET LANDSCAPE MEDIAN FROM CARSON STREET
TO 223RD STREET (DEVELOPMENT SERVICES)
RECOMMENDATION for the City Council:
TAKE the following actions:
APPROVE Agreement for Professional Services with KEC Engineers, Inc. to provide
design services for Project No. 1115: Main Street Landscape Median from Carson Street
to 223rd Street for a fee not to exceed $35,760. This amount will be charged to the
undesignated unreserved Gas Tax Account No. 12 80 999 004 60051011501.
2. AUTHORIZE the Mayor to execute the professional services agreement, and the City
Clerk to attest, following approval as to form by the City Attorney.
ACTION: This item was Approved on the New Business Consent Calendar on motion of
Williams, seconded by Ruiz-Raber and unanimously carried by the following vote:
Ayes: Mayor Dear, Mayor Pro Tern Ruiz-Raber, Council Member Santarina, Council
Member Williams, and Council Member Gipson
Noes: None
Abstain: None
Absent: None
EXHIBIT NO. 3 Carson City Cou"61
April 5, 2005
PA GE 13
CARSON ST
219TFIPL
PROJECT SITE
223RD ST
City of Carson Project No. 1115,
Main Street Landscape Median from
Carson St to 223rd St
7,05
-D EXHIBIT NO. I
cc --� ( /,,/-