HomeMy Public PortalAbout13) 10A Award of Contract to Green Giant Landscape Inc for Veteran's Memorial ProjectAGENDA
ITEM 10.A.
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: August 16, 2016
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Cathy Burroughs, Director of Parks and Recreation
SUBJECT: AWARD OF CONTRACT TO GREEN GIANT LANDSCAPE, INC. FOR
THE TEMPLE CITY VETERANS MEMORIAL PROJECT (CIP NO. P16-02)
RECOMMENDATION:
The City Council is requested to:
1. Adopt Resolution No. 16-5198 (Attachment "A") awarding a Public Works Contract
to Green Giant Landscape, Inc. in the amount of $187,500 for the Temple City
Veterans Memorial (Project);
2. Authorize the City Manager to execute the Public Works Contract; and
3. Approve a budget amendment in the amount of $77,500 from Park Acquisition
Funds; or
4. Reject all bids and authorize staff to re-bid the Project through a formal bid process
with additive alternates.
BACKGROUND:
1. On July 6, 2013, the City Council adopted Resolution No. 13-4931 electing to
become subject to the Uniform Public Construction Cost Accounting Act (Act).
2. On August 6, 2013, the City Council adopted Ordinance No. 13-977 adding Chapter
11 to Title 2 of the Temple City Municipal Code identifying the bidding process for
public works projects to comply with Public Contract Code Section 22034.
3. On February 16, 2016, the City Council, during the mid-year budget review,
approved a preliminary design for a Veterans Memorial to be constructed in
Temple City Park and allocated $130,000 for design and construction.
City Council
August 16, 2016
Page 2 of 5
4. On April 13, 2016, the City entered into a Design Professional Services Agreement
for landscape architectural and construction project management services with
RHA Landscape Architects -Planners, Inc. (RHA) in support of the Project in an
amount not to exceed $17,800.
5. On July 5, 2016, the City Council approved the plans submitted by RHA and
authorized staff to solicit construction bids using the informal bid process identified
in the Act for projects between $45,000 and $175,000.
6. On July 14, 2016, a Notice Inviting Bids was published in the Temple City Tribune
for the Project with an August 2, 2016 deadline for submittal of bids. Notices were
also sent to 6 plan rooms as well as 8 contractors who had submitted their names
for inclusion on the City's list of qualified bidders.
7. On August 2, 2016, the City Clerk opened the 3 bids received by the published
deadline. All 3 bids were significantly over the architect's estimate and project
budget, as well as the $175,000 threshold for the informal bid process. Pursuant to
procedures established for this situation, staff emailed all three bidders asking if
they would accept a contract in the amount of $187,500.
8. On August 3, 2016, staff received confirmation from two bidders, Green Giant
Landscape, Inc. and CEM Construction Corp, that they would accept the contract
at $187,500 .
9. On August 3-4, 2016, staff conducted an extensive review of the bid packets,
references, license information and other pertinent information for Green Giant
Landscape, Inc. and CEM Construction Corp. At the conclusion of the review,
staff determined that Green Giant Landscape, Inc . was the most qualified bidder.
ANALYSIS:
In an effort to streamline the process and allow for alternative methods for bidding
public projects, the City, through adoption of Resolution No. 13-4931 , elected to
become subject to the Uniform Public Construction Cost Accounting Act (Act) in 2013.
The Act provides a set of procedures which are more closely tailored to smaller projects
and still allows for equality among contractors throughout the bidding process. In
particular the Act allows for the following:
1) For public works projects valued up to $45,000, the City can use its own
employees or serve as its own general contractor;
2) For public works projects valued up to $175,000, the City can use informal
bidding procedures which require the City to maintain a list of contractors by
category of work and send notices to contractors on the list, listed trade
journals, or both; and
City Council
August 16, 2016
Page 3 of 5
3) For public works projects valued above $175,000, the City must use the very
specific formal bidding procedures which require publication in a newspaper
of general circulation and trade journals.
With the completion of the plans and related bid documents for the Project in June
2016, as well as a revised Estimate of Probable Construction Cost (Attachment "C")
from RHA, staff solicited construction bids for the Project utilizing the informal bidding
procedures cited above. The Bid Notice was published in the Temple City Tribune,
sent to the required plan rooms, and emailed to the six contractors with the appropriate
contractor's license on the City's list of qualified bidders.
A total of 3 bids were received by the City Clerk's office by the published deadline.
Following is a summary of the bids received:
CONTRACTOR BID LOCATION ~~----------~--------------~~~~~~-------4 Green Giant Landsca e, Inc. $199,100 La Habra
CEM Construction Cor $214,800 Downe ----~~------~--~----------~-----L-----------4 C-1 Construction Cor $266,700 Los An eles ------~------~--~-----------L----~~~------~
Because the Project was bid through the informal bidding process, and all bids received
were in excess of $175,000, the project cannot be awarded to the lowest bidder at the
bid price submitted. Instead, the City has two options. The first is to reject all bids and
re-bid the project using the formal bid process allowing at least 30 days for submittal of
bids. The second is to follow the very specific requirements that are specified for this
type of situation. Both the Act and Ordinance 13-977 provide that if all bids received
pursuant to the informal bidding procedure are greater than $175,000, the City Council
may adopt a resolution , by a four-fifths vote, to award the contract at $187,500 or less to
the lowest responsible bidder if it determines that the City's cost estimate was
reasonable.
To comply with this requirement, City staff first requested the City Engineer, Ali Cayir,
review RHA's Estimate of Probable Cost to determine if the original estimate was
reasonable. Mr. Cayir confirmed the estimate was reasonable. Staff then contacted all
three bidders asking if they would accept the contract at $187,500. Both Green Giant
Landscape, In c. and CEM Construction Corp responded by the set deadline that they
would .
In regards to the discrepancy between the architect's estimate and the actual bids
received, staff believes there are several factors that may have had an influence, in
particular the shortened bid period and the timing of the bid period. Summer is one of
the busiest times for public works contractors, in particular with school construction
projects.
Since two bidders now had the same bid , staff needed to determine which was the
most qualified in order to make the choice between equal bidders allowed by the Act.
After a thorough review of all items required in the bid packet, reference and license
City Council
August 16, 2016
Page 4 of 5
checks, as well as analysis of other information available, staff recommends the City
enter into a Public Works Contract with Green Giant Landscape, Inc. finding that they
have the necessary resources to complete the Project. They have been in business
over 20 years completing numerous similar public works projects within the last few
years including the Rosemead Pedestrian Bridge and Safe Routes to Schools projects
for the City of Pica Rivera, South Park Phase I Improvements for Hermosa Beach,
Santa Anita Park Improvements for the City of Santa Ana, Morgan Park Improvements
in Baldwin Park, Gateway Park for the City of El Monte, Mountain View Athletic Field
Improvements for the El Monte Unified School District, Carson's Del Amo Park
Improvements, as well as several park projects for Los Angeles County Department of
Public Works in 2012-2013. Green Giant Landscape, Inc. is currently working on a
$1.2 million renovation of Zapopan Park for the City of Rosemead. They have indicated
they have the resources currently available to begin the Project within 10 days of award
of contract and complete within the stated time frame. Attached to this staff report is a
copy of the revised Schedule of Items and Prices from Green Giant Landscape, Inc.
(Attachment "D").
If the City Council decides to award a Public Works Contract to Green Giant
Landscape, Inc., in the amount of $187,500, a budget amendment in the amount of
$77,500 is required. The Project is currently funded through the City's Park Acquisition
(PA) funds. Sufficient PA funds are available to cover the necessary budget amount. It
should be noted that the contract amount ($187,500) does not include a contingency.
Upon approval of the contract, RHA will utilize value engineering to reduce the cost of
certain components of the project, without jeopardizing design and aesthetics, to allow
for a contingency.
If the City Council decides to reject all bids, staff will re-bid the Project using the formal
bid process which normally requires the Project to be advertised for at least 30 days.
The Project could be re-bid with additive alternates to reduce the cost.
As the City Council is aware, one of the reasons staff decided to take advantage of the
informal bid process was the expedited schedule needed to complete construction of
the Veterans Memorial in time for the 2016 Veteran's Day event. Below is an overview
of the timeline provided to the Council on July 5, 2016:
Date(s)
City Council approval of plans and authorization to solicit
July 5 construction bids
July 14 Bid Notice published/sent to plan rooms
July 14 -August 2 Project Bidding (18 days)
August 2 Bid Opening
August 16 City Council awards construction contract
August 29 -October 31 Construction (9 weeks)
November 11 Dedication
City Council
August 16, 2016
Page 5 of 5
If the Council decides to reject all bids and re-bid the Project, the Memorial will not be
completed prior to November 11 , 2016. Below is an anticipated schedule should the
Project be re-bid:
Date(s)
City Council rejects all bids and directs staff to re-bid the
August 16 project
August25 Bid Notice published/sent to plan rooms
August 25 -Sept 27 Project Biddinq (33 days)
September 27 Bid Opening
October 18 City Council awards construction contract
Nov 1-Dec 31 Construction (60 days)
Regardless of whether the Veterans Memorial is completed by November 11 111, a
Veteran's Day event will still be planned for that day.
CITY STRATEGIC GOALS:
Awarding a Public Works Contract to Green Giant Landscape, Inc. for construction of
the Temple City Veteran's Memorial will promote or further the City's Strategic Goal of
Quality of Life.
FISCAL IMPACT:
PA Funds in the amount of $130,000 were included in the Fiscal Year (FY) 2015-16
Capital Improvement Prog ram (CIP) budget for this project. $1 20,000 was re-allocated
to the FY 2016-17 CIP budget. A budget amendment, in the amount of $77,500 is
required if the City Council awards a Public Works Contract to Green Giant Landscape
in the amount of $187,500. There are sufficient PA funds for such an amendment.
ATTACHMENTS:
A. Resolution No. 16-51 98
B. Public Works Contract Temple City Veterans Memorial-Green Giant Landscape,
Inc.
C. Temple City Veterans Monument Estimate of Probable Cost -RHA Landscape
Architects-Planners, Inc.
D. Schedule of Items and Prices-Green Giant Landscape, Inc.
ATTACHMENT A
RESOLUTION NO. 16-5198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA AWARDING A PUBLIC WORKS CONTRACT TO
GREEN GIANT LANDSCAPE, INC. FOR THE TEMPLE CITY VETERANS
MEMORIAL PROJECT
WHEREAS, the City Council did on July 16, 2013, adopt Resol ution No. 13-4931 electing to become
subject to the Uniform Public Construction Cost Accounting Act (Act); and
WHEREAS, said City Council did on August 6, 2013, adopt Ordinance No. 13-977 adding Chapter 11
to Title 2 of the Temple City Municipal Code identifying the bidding process for public works projects to
comply with Public Contract Code Sect1on 22034; and
WHEREAS, on February 16, 2016, the City Council, during the mid-year bu dget review, approved
the preliminary design for a Veteran's Memorial to be constructed in Temple City Park and allocated
$130,000 for design and construction; and.
WHEREAS, the City Council, on July 5, 2016, approved the plans submitted by RHA Landscape
Architects -Planners, Inc. for the Temple City Veteran's Memorial and authorized staff to solic1t
construction b1ds; and
WHEREAS, pursuant to the Act, public projects of one hundred seventy five thousand dollars
($1 75,000) or less may be let to contract by informal procedures; said procedures, established by
Ordinance No. 13-977. require a notice invitmg bids, stating the time and place for submission of bids and
a description of the project in general terms, be sent to all construction trade journals specified by the
California Uniform Construction Cost Accounting Commission in accordance with Public Contract Code
section 22036. Additionally, notification may be prov1ded to contractors who had requested to be included
on the City's list of qualified bidders. Said notice required to be send not less than ten (1 0) calendar days
before bids are due; and
WHEREAS, based on the landscape architect's Estimate of Probable Cost of one hundred twenty two
thousand dollars ($122,000) for the proJect as designed, the City elected to follow the informal bidd1ng
procedures and as such send a Notice Inviting Bids to the required trade journals and contractors with the
appropnate license included on th e City's list of qualified bidders on July 14, 2016 with a bid due date of
August 2, 2016, a total of nineteen (19) calendar days; and
WHEREAS, on August 2, 2016, at the t1me prescribed in the Notice Inviting Bids, the City Clerk opened
the three (3) bids received and recorded the total contract amount for each, all of which exceeded both the
City's estimate and the $175,000 limit; and
WHEREAS, the Act and Ordinance No. 13-977 both provide that if all bids received pursuant to the
Informal bidding procedure are greater than $175,000, the C1ty Council may adopt a resolution, by a four-
fifths vote to award the contract at $187,500 or less to the lowest responsible bidder if it determmes that the
City's cost estimate was reasonable; and
WHEREAS, the City notified the three (3) bidders of the need to reduce costs to at least $187,500 and
allowed the bidders to either agree to perform the Veteran's Memorial work at that cost or to hold to their
original cost; and
WHEREAS, two (2) bidders -Green Giant Landscape, Inc. and CEM Construction Corp agreed to
perform the Veteran's Memorial work at a max1mum cost of $187,500; and
WHEREAS, based on a review of the bid in formation, including annual revenues, length of existence
Resolution No. 16-5198
Page 2
as an ongo1ng concern, available resources, and projects performed similar to the Veteran's Memonal, the
C1ty has selected Green Giant Landscape, Inc as the preferable contractor pursuant to its power to do so as
set forth in Pub1c Contract Code section 22038(b); and
WHEREAS, the C1ty , through an Independent rev1ew of the cost estimate by the City Eng1neer, has
analyzed the City's cost estimate and found substantial evidence that it was reasonable.
NOW, THEREFORE, the City Council of the C1ty of Temple C1ty does hereby resolve as follows
SECTION 1. The City Council does hereby find that the C1ty's cost estimate for the Veteran's Memonal
project was reasonable.
SECTION 2. The City Council does hereby award a Public Works Contract to Green Giant Landscape,
Inc. in the amount of $187,500 and authonzes the C1ty Manager to execute the contract.
SECTION 3. The Mayor is hereby authorized to aff1x h1s s1gnature to th1s Resolution s1gmfymg 1ts
adoption and the C1ty Clerk, or her duly appomted deputy, IS directed to attest thereto.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution
PASSED, APPROVED AND ADOPTED on thiS 161h day of August, 2016.
Mayor
ATIEST: APPROVED AS TO FORM:
C1ty Clerk C1ty Attorney
I hereby cert1fy that the forego1ng resolution, Resolution No. 16-5198, was duly passed, approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 161h day of
August, 2016 by the following vote:
AYES.
NOES:
ABSENT
ABSTAIN
Counc1lmember -
Counc1lmember-
Counc1lmember-
Councilmember-
Resolution No 16-5198
Page 3
C1ty Clerk
ATTACHMENT B
CITY OF TEMPLE CITY
PUBLIC WORKS CONTRACT
TEMPLE CITY VETERAN'S MEMORIAL (P16-02)
THIS AGREEMENT ("Agreement") is made and entered into th is __ day of
August, 2016, by and between the CITY OF TEMPLE CITY, a Municipal Corporation
located in the County of Los Angeles, State of California ("CITY"), and Green Giant
Landscape, Inc., a corporation, located at 941 -A Macy Street, La Habra, CA 90631
("CONTRACTOR"), collectively referred to as the Parties.
RECITALS
A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted
on or before August 2, 2016 , for the following:
Temple City Veterans Memorial
in the City of Temple City, California ("Project").
B. At 10 :00 a.m. on said date, in the Office of the City Clerk at 9701 Las Tunas
Drive, Temple City, the bids submitted for the Project were opened.
C. At its regula r meeting held on August 16, 2016, the City Council of CITY
accepted the bid of CONTRACTOR for the Project as being the lowest
responsive bid received and directed that a written contract be entered into with
CONTRACTOR.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants and agreements herein contained , the parties do hereby agree as follows:
1. CONTRACT DOCUMENTS. This Ag reement consists of the following
documents ("Contract Documents"), all of which are made a part of this Agreement:
(a) Notice Inviting Bids
(b) Instructions to Bidders
(c) Bid Form
(d) Bid Proposal and/or Contract Proposal, as accepted , including the
Certifi cate of Bidders' Experience and Qualifications and the List of Subcontractors
(e) Information Required by Bidder
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(f) Notice of Award
(g) Notice to Proceed
(h) This Agreement
(i) Verification of California Contractor's License
U) Contractor's Certificate Regarding Workers' Compensation
(k) Security for payment (labor and materials)
(I) Security for performance
(m) Certificate(s) of Insurance
(n) General Conditions/Specifications
(o) Special Provisions
(p) Plans and Standard Drawings
(q) Prevailing Wage Scales
(r) Standard Specifications for Public Works Construction, including
subsequent addenda and supplements
(s) Change orders issued by th e City and sig ned by the Contractor pertaining
to the Contract after the Contract is award ed to Contractor
(t) All addenda issued by the City with respect to the foregoing prior to the
opening of bids, including, Addenda Nos. 1-4.
(u) Other documents (list here)
Proposal/Bidder Statistic Information Form
In the event there is a conflict between the terms of the Contract Documents, the more
specific or stringent provision shall govern.
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2. SCOPE OF WORK. CONTRACTOR agrees to perform all work required for the
Project and to fulfill all other ob ligations as set forth in the Contract Documents
("Work"). Except as specifically provided in the Contract Documents. CONTRACTOR
must furnish all of the labor, materials, tools, equipment. services and tra nsportation
necessary to perform all of the Work. CONTRACTOR must perform all of the Work in
strict accordance with the Contract Documents.
3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and
accept the total amount of one hundred eighty seven thousand five hundred dollars
($187,500), based upon those certain unit prices set forth in CONTRACTOR's Bid
Schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by
this reference, as full compensation for the Work. Said compensation shall cover all
expenses, losses, damages, and consequences arising out of the nature of the Work
during its progress or prior to its acceptance , including those for well and fa ithfully
completing the Work in the manner and time specified in the Contract Documents, and
also including those arising form actions of the elements, unforeseen difficulties or
obstructions encountered in the prosecution of the Work. suspension or disco nt inuance
of the Work, and all other unknowns or risks of any description connected with the
Work. CITY shall retain five percent (5%) of the compensation until the provisions of
Section 14 herein have been met. CITY hereby agrees to pay CONTRACTOR at the
time, in the manner, and upon the conditions set forth in the CONTRACT
DOCUMENTS.
4. UNAUTHORIZED ALIENS. CO NTRACTOR promises and agrees to comply
with all of the provisions of State and Federal law with respect to the employment of
unauthorized aliens, including without limitation the Federal Immigration and Nationality
Act (8 USCA 1101 , et seq.), as amended. Should CONTRACTOR employ one or more
unauthorized aliens for the performance of the Work, and should the Federal
Governm ent impose sanctions against the CITY for such use of unauthorized aliens,
CO NTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all
sanctions imposed, together with any and all costs, including attorney's fees, in curred
by the CITY in connection therewith.
5. REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents
and warrants that:
(a) It is not currently, and has not at any time within the pa st five (5) ca lendar
years been , suspen ded, debarred, or excluded from participating in, bidding on,
contracting for. or completing any project funded in whole or in part by program . grant
or loan funded by the federal government or the State of California; and
(b) CONTRACTOR currently has, and for th e past five (5) calenda r years has
maintained in good standing, a valid California contractor's license; and
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(c) CONTRACTOR is registered with the Department of Industrial Relations
to perform services on public works projects as required by Labor Code section 1725.5.
CONTRACTOR agrees to complete and execute any statement or certificate to this
effect as may be required by the City or by any federal or State of California program,
loan or grant utilized on this Project.
6. TIME TO PERFORM THE WORK. CO NTRACTOR shall commence the Work
on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the
Director of Public Works of CITY, and shall complete work on the Project within sixty
(60) days after commencement.
7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruiting,
hiring, promotion, demotion or termination practices on the basis of race , religious
creed , color, national origin, ancestry, physical disability, mental disability, medical
condition , martial status, sex, age, or sexual orientation in the performance of this
Agreement, and shall comply with the provisions of the California Fair Employment and
Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government
Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352 , and all
amendments thereto; Executive Order 11246; and all administrative rules and
regu lations issued pu rsuant to such acts and order.
8. LABOR CODE REQUIREMENTS.
(a) CONTRACTOR is aware of and agrees to abide by the prov1s1ons of
California Labor Code Sections 1720, et seq., as well as Sections 1771 , 1773, 1773.1,
1773.6, 1773.7, 1774 , 1775, 1776 and 1777, pertaining to the obligation to pay
prevailing wages with respect to the performance of work ("Prevailing Wage Laws").
Copies of the prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work for each craft are available upon request from the City. A
copy of the prevailing rate of per diem wages shall be posted at the job site. If such
posting is not possible, a copy shall be posted at the business of the CONTRACTOR.
(b) CONTRACTOR acknowledges that under California Labor Code sections
1810 and following, eight hours of labor constitutes a legal day's work. CONTRACTOR
will forfeit as a penalty to City the sum of $25.00 for each worker employed in the
execution of this Agreement by CONTRACTOR or any subcontractor for each calendar
day during which such worker is required or permitted to work more than 8 hours in any
one calendar day and 40 hours in any one calendar week in violation of the provisions
of Labor Code section 1810. (Labor Code§ 1813.)
(c) CONTRACTOR must co mply with Labor Code section 1771 .1 (a), which
provides that CONTRACTOR is only eligible to perform the Work if CONTRACTOR is
registered with the Department of Industrial Relations as required by Labor Code
Section 1725.5, and that CONTRACTOR may award subcontracts for work that
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qualifies as a "public work" only to subcontractors which are at the time of award
registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
CONTRACTOR must obtain proof of such registration from all such subcontractors.
(d) CONTRACTOR, and any subcontractor engaged by CONTRACTOR,
must pay not less than the specified prevailing rate of per diem wages to all workers
employed in the execution of this Agreement. (Labor Code§ 1774.) CONTRACTOR is
responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
(e) CONTRACTOR must comply with all provisions of Labor Code section
1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for
each worker employed in the execution of the Agreement by CONTRACTOR or any
subcontractor for each calendar day, or portion thereof, in wh ich the worker is pa id less
than the prevailing rates. Contractor may also be liable to pay the difference between
the prevailing wage rates and the amount pa id to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate.
(f) Nothing in this Agreement prevents CONTRACTOR or any subcontractor
from employing properly registered apprentices in the execution of the Agreement.
CO NTRACTOR is responsible for compliance with Labor Code section 1777.5 for all
apprenticeable occupations. This statute requires that contractors and subcontractors
must submit contract award in formation to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less
than one hour of apprentice's work for every five hours of labor performed by a
journeyman (unless an exception is granted under §1777.5), must contribute to the fu nd
or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise
qualified employees as apprentices solely on the ground of sex, race, religion , creed ,
national origin, ancestry or color. Only apprentices defined in Labor Code section 3077,
who are in training under apprenticeship standards and who have written apprentice
contracts, may be employed on public works in apprenticeable occupations.
(g) CONTRACTOR shall defend, indemnify and hold the CITY, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws .
9. PROJECT SITE CONDITIONS.
(a) CONTRACTOR shall, without disturbing the condition, notify CITY in
writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents
or employees have knowledge and reporting is possible, of the discovery of any of the
following conditions:
(i) The presence of any material that the CONTRACTOR believes is
hazardous waste, as defined in Section 25117 of the Health and Safety Code ;
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(ii) Subsurface or latent physical conditions at the site differing from
those indicated in the specifications; or,
(iii) Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as
inherent in work of this character provided for in this Agreement.
(b) Pending a determination by CITY of appropriate action to be taken ,
CO NTRACTOR shall provide security measures (e.g., fences) adequate to prevent the
hazardous waste or physical conditions from causing bodily injury to any person.
(c) CITY shall promptly investigate the reported conditions . If CITY, through
its Director of Public Works, or his or her designee, and in the exercise of its sole
discretion, determines that the conditions do materially differ, or do involve hazardous
waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time
required for, performance of any part of the Work, then CITY shall issue a change
order.
(d ) In the event of a dispute between CITY and CONTRACTOR as to whether
the cond itions materially differ, or involve hazardous waste, or cause a decrease or
increase in the CONTRACTOR's cos t of, or time required for, performance of any part
of the Work, CONTRACTOR shall not be excused from any scheduled completion date,
and shall proceed with all work to be performed under the Agreement. CONTRACTOR
shall retain any and all rights which pertain to the resolution of disputes and protests
between the parties.
10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and
hold harmless the CITY, its elective and appointive boards, officers , agents and
employees, from all claims, loss, damage, injury and liability of every kind , nature and
description , directly or indirectly arising form the performance of the Work , regardless of
responsibility of negligence; and from any and all claims, loss, damage, injury and
liability, resulting directly or indirectly from the nature of the Work covered by th is
Agreement, regardless of responsibility of negligence.
(a) CITY does not, and shall not, waive any rights against CONTRACTOR
which it may have because of the acceptance by CITY or the deposit with CITY by
CONTRACTOR, of any of the insurance policies hereinafter described in this
Agreement.
(b) The indemnity provided by CONTRACTOR shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason
of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether
insurance policies are applicable to any of the damages or claims for damages.
(c) The provisions of this section do not apply to claims occurring as a result
of the City's sole negligence or willful acts or omissions.
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(d) The provisions of this section will survive the expiration or earlier
termination of this Agreement.
11 . BONDS. CONTRACTOR, before commencing the Work, shall furnish and file
with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one
hundred percent ( 1 00%) of the compensation amount stated in Section 3 of th is
Agreement conditioned upon the fa ithful performance of this Agreement and a bond, or
bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of
the compensation amount stated in Section 3 of this Agreement conditioned upon the
payment of all labor and materials furnished in connection with this Agreement.
12. INSURANCE. CONTRACTOR shall not commence the Work until
CONTRACTOR has obtained all insurance required by the Contract Documents and
such insurance has been approved by CITY as to form , amount and carrier.
CONTRACTOR shall not allow any subcontractor to commence work on any
subcontract until all similar insurance required of the subcontractor have been obtained
and approved.
(a) Workers' Compensation . CONTRACTOR shall take out and maintain,
during the life of this Agreement, Worker's Compensation Insurance for all of
CO NTRACTOR's employees employed at the Project site; and, if any work is sublet,
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees, unless such employees are
covered by the protection afforded by CONTRACTOR. If any class of employees
engaged in Work under this Agreement at the Project site is not protected under any
Workers' Compensation law, CONTRACTOR shall provide and sha ll cause each
subcontractor to provid e adequate insurance for the protection of employees not
otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting
from failure of either CONTRACTOR or any subcontractor to take out or maintain such
insurance.
(b) Comprehensive General Liability, Products/Completed Operations
Hazard, Comprehensive Automobile Liability and Contractual General Liability
Insurance. CONTRACTOR shall take out and maintain during the life of this
Agreement such comprehensive general liability, products/completed operations
hazard, comprehensive automobile liability and contractual general liability insurance as
shall protect CITY, its elective and appointive boards, officers, agents and employees,
CONTRACTOR, and any subcontractor performing work covered by this Agreement,
from claims for damage for personal injury, including death , as well as from claims for
property damage which may arise from CONTRACTOR's or any subcontractor's
operations under this Agreement, whether such operations be by CONTRACTOR or by
any subcontractor, or by anyone directly or indirectly employed by either
CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as
follows:
1./\ 11-.1814-2634-9072 \)
RI"VISI·I) 7/29/16 7
(i) Public Liability Insurance in an amount of not less than ONE
MILLION DOLLARS ($1 ,000,000);
(ii) Products/Completed Operations Hazard Insurance in an amount of
not less than ONE MILLION DOLLARS ($1,000,000);
(iii) Comprehensive Automobile Liability Insurance in an amount of not
less tha n ONE MILLION DOLLARS ($1 ,000,000);
(iv) Contractual General Liability Insurance in an amount of not less
than O NE MILLION DOLLARS ($1 ,000,000).
A combined single limit policy with aggregate limits in an amount of not less than TWO
MILLION DOLLARS ($2,000,000) shall be considered equivalent to the required
minimum lim its set forth hereinabove.
(c) Proof of Insurance. The insurance required by th is Agreement shall be
with insurers which are Best A rated , and California Admitted or better. CITY shall be
named as "additional insured" on all policies required hereunder, and CONTRACTOR
shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of
carriage of the insurance required , and adequate legal assurance that each carrier will
give CITY at least thirty (30) days' prior notice of the ca ncellation of any policy during
the effective period of this Agreement.
(d) Notice to Proceed. The CITY will not issue any notice authorizing
CONTRACTOR or any subcontractor to commence the Work under this Agreement
until CO NTRACTOR has provided to the CITY the proof of in surance as required by
this Section 12.
13. LIQUIDATED DAMAGES. The parties agree that it would be impractical and
extremely difficult to fix the actual damages to the CITY in the event the Project is not
commenced and/or completed on or before the dates specified for commencement and
completion of the Project in the Contract Documents. The parties have considered the
facts of a breach of this Agreement and have agreed that the liquidated damages sum
hereinafter set forth is reasonable as liq uidated damages in the event of a breach , and
that said sum shall be presumed to be the amount of the damages sustained by the
CITY in the event such work is not begun and/or completed and accepted by the times
so specified in the Contract Documents. The sum of ONE THOUSAND DOLLARS
($1 ,000.00) shall be presumed to be the amount of damages suffered by the CITY for
each day's delay in the starting and/or completion and acceptance of the Project after
the dates specified in the Contract Documents for the start and/or completion thereof,
and CONTRACTOR hereby agrees to pay sa id sum of ONE THOUSAND DOLLARS
($1 ,000.00) as liquidated damages for each day of delay in the starting and/or
completing and acceptance of said Project beyond the dates specified in the
CONTRACT DOCUMENTS . Any and all such li quidated damages assessed shall be
l.A #4814-2634·9072 \)
Rl. VISI:D 7/29/16
8
done in accordance with that certain edition of the Standard Specification for Public
Works Construction currently in effect on the execution date of th is Agreement.
CONTRACTOR CITY OF TEMPLE CITY
By ______________________ _ By ______________________ __
Date: Da te: ---------------------------------------------
14. NOTICE OF COMPLETION. Upon completion of PROJECT and acceptance of
same by the Ci ty Cou ncil of the CITY, the City Manager of the CITY shall cause to be
recorded a Notice of Completion with the office of the Los Angeles County Recorder;
and, after th irty-five (35) days from the date said Notice of Completion is recorded, the
Director of Finance of CITY shall release the funds retained pursuant to Section 3
hereof; provided there have been no mechan ics' liens or stop notices filed against the
Work which have not been paid , withdrawn or eliminated as liens against said work.
15. COMPLIANCE WITH LAWS. In performing the Work, CONTRACTOR must
comply with all applicable statutes, laws and regulations, including, but not limited to,
OSHA requirements and the Temple City Municipal Code. Contractor must, at
Contractor's sole expense, obtain all necessary permits and licenses required for the
Work, and give all necessary notices and pay all fees and taxes required by law,
including, without limitation , any business license tax imposed by City.
16. INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times remain
as to CITY a wholly independent contractor. Neither the CITY nor any of its officers,
employees, or agents will have control over the conduct of CONTRACTOR or any of
CONTRACTOR's officers, employees, agents or subcontractors, except as expressly
set forth in the Contract Documents. CONTRACTOR may not at any time or in any
manner represent that it or any of its officers, employees, agents, or subcontractors are
in any manner officers, employees, agents or subcontractors of CITY.
17. GENERAL PROVISIONS.
(a) Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute
this Agreement and to bind it to the performance of its obligations.
(b) Assignment. CONTRACTOR may not ass ign this Agreement without the
prior written consent of CITY, which consent may be withheld in the CITY's sole
discretion since the experience and qualifications of CONTRACTOR were material
considerations for this Agreement.
(c) Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
I.A #-l8 1-l-2n34-9072 d
Rl Vl'>l lJ 71'2.9 16 9
(d) Integrated Agreement. This Agreement, including the Contract
Documents, is the entire, complete, final and exclusive expression of the Parties with
respect to the Work to be performed under this Agreement and supersedes all other
agreements or understandings, wheth er oral or written, between CONTRACTOR and
CITY prior to the execution of this Agreement.
(e) Modification of Agreement. No amendment to or modification of this
Agreement will be valid unless made in writing and approved by CONTRACTOR and by
th e City Council or City Manager of CITY, as applicable. The Parties agree that this
requi rement for written modifications cannot be waived and that any attempted waiver
will be void.
(f) Counterparts and Facsimile Signatures. This Agreement may be
executed in several counterparts, each of which wi ll be deemed an original, and all of
which, when taken together, constitute one and the same instrument. Amendments to
this Agreement will be considered executed when the signature of a party is delivered
by facsimile transmission. Such facsimile signature wi ll have the same effect as an
original signature.
(g) Waiver. Waiver by any Party of any term , cond ition, or covenant of this
Agreement will not constitute a waiver of any other term, condition , or covenant.
Waiver by any Party of any breach of th e provisions of this Agreement will not
constitute a waiver of any other provision, or a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any Work
performed by CONTRACTOR will not constitute a waiver of any of the provisions of this
Agreement.
(h) Interpretation. This Agreement will be interpreted, construed and
governed according to the laws of the State of California. Each party has had the
opportunity to review this Agreement with legal counsel. The Agreement will be
constru ed simply, as a whole, and in accordance with its fair meaning. It will not be
interpreted strictly for or against either party.
(i) Severability. If any term , condition or covenant of this Agreement is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement will not be affected and the
Agreement will be read and construed without the inva lid , void or unenforceable
provision.
U) Attorneys' Fees. The prevailing party in any action to resolve a dispute
concern ing this Agreement shall be entitled to have and recover from the losing party
the reasonable attorneys' fees and costs of such action.
(k) Venue. In the event of litigation between the parties, venue in state tri al
courts will be in the County of Los Angeles. In the event of litigation in a U.S. District
Court, venue w ill be in the Central District of Californ ia, in Los Angeles.
I A II·IXI·I-263·1-9072 d
Rl VISI·D 7 29/16 10
(I) Notices. All written notices required or permitted to be given under this
Agreement will be deemed made when received by the other Party at its respective
address as follows:
To CITY:
To Contractor:
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: City Manager
(Tel.) 626-285-21 71
Green Giant Landscape, Inc.
941 -A Macy Street
La Habra, CA 90631
Attention: Donald Henderson, President
(Tel.) 562-690-6208
Notice will be deemed effective on the date personally delivered or
mailed. If the notice is mailed , notice will be deemed given three days
after deposit of the same in the custody of the United States Postal
Service , postage prepaid, for first class delivery, or upon delivery if using a
major courier service with tracking capabilities.
Any Party may change its notice information by giving notice to the other
Party in compliance with this section .
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed on the day of August, 2016, by their respective officers duly authorized
in that behalf.
ATTEST:
Peggy Kuo, City Clerk
Date:
APPROVED AS TO FORM:
Eric S. Va il, City Attorney
1./\ #-1814-2634-9072 \)
R1-V1S1·D 7129/16 II
CITY OF TEMPLE CITY, a municipal
corporation
By ________________________ __
Bryan Cook, City Manager
l.i\ 114814-2634-9072 \]
Rl VISED 7/29/16
12
__________ , a [state type
of entity]
By ______________________ __
By _______________________ __
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
III&III&III&III*IIISIIISIIII&IIISIIISIIISIII&IIISIIIISIII&IIISIIISIIISIIISIIII&IIISIIISIII&III
A notary public or other offKer completing this certificate verifies only the identity of the individual who
signed the dorument, to wflidl this certificate is attached, and not the truthfulness, accuracy, or validity
of ttlat document.
State of ca lit om ia l
County of Los Angeles {
On------------before me,----------------------
(rnwrr NomQ of Notary Pvb/ic arKi T~)
personally appeared--------------------------------
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrumem and acknowledged to me that
he/she/they executed the s.ame in his/her/their
autflorized capacityHes), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of wflidl the person{s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of california that the foregoing paragraph is
rrue and correct_
WITNESS my hand and offtcial seal.
~gnarure ________________ __
(Signarww of h'orory PtJbJic)
--------------OPTJONAL--------------
Though the informatJon is nor required by JiJw, It may prove valuable ro persons relying on the documenr and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
T~leofTypeofOoru~nt: ______________________________ ___
Docu~ntDate: __________________ __ Number of Pages: --------
S~ne~s)~her~anNam~Ab~e : ___________________________ _
Capacity(ies) Claimed by Signer{s)
~gnersName: ____________ __ Signer's Na~: _____________ _
0 Indrvidu.al D Jndiv1dual
0 Corporate Officer -T~le(s): ______ __
0 Partner 0 limited 0 General :::1
0 Anomey m Fact
0 Corporate Officer-ntle(s): ~~~====~ 0 Partner 0 U mrted 0 General
0 Attorney in Faa
0 Trustee 0 Trustee
0 Guard1an or Conservator 0 Guardian or Con-se1vator
0 Other: 0 Other:----------
Stg ner 1s Representing: 5 ig ner is Representing: ____ __
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
ISSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSIIISIISSSSISIIIISSSISSSSSSSISSSSSSII*SSSS*III*IIISISS*SIS r -----
A notary public or other offteer completing this certificate verif.es only the identity of the individual who
sjgned the document, to whidl this certificate is attached, and not the truthfulness, accuracy, or valtdity '
of that document.
State of California }
County of los Angeles
On ________________________ beforeme, __________________________________________ __
(T~rr Nom~ of Notary I'll Me and T~)
person ally appeared ---------------------------------------------------------------
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribeO to
the within instrument and admowledged to me that
he/she/they executed the ~me in his/her/their
authorized capacity{ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of whidl the person{s) aaed,
executed the instrument_
I certify under PENALTY OF PERJURY un-der the laws of
tne State of Ca lifornia that the foregoing paragraph is
true and corred.
WITNIESS my hand and offKial seat
~gnature ________________________________ __
(Signocv~ of h'ocary PubJ.ic} --------------------------O PTIONAL --------------------------
T"hough the information is nor I'PqUired b}' Jaw, It may prove valuable co persons re!yim:; on the document and could
prevent fraudulent removal and reatta-chment of t:ftis form to another document.
D-escription of Attache<j Document
T~leofTypeofDoru~nt: ____________________________________________________________ ___
D~~ntD~e =--------------------------------------Number of Pages : ---------------
S~ne~s)~her~anNam~Ab~e: ______________________________________________________ _
Capacity{ies) Claimed by Signer{s)
Sag ne r's Name: --------------------------
0 Individual
0 Corporate Officer T~le(s)· -
0 Partl1er 0 Limited 0 General _L __.
0 Attorney an Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Sag ner is Representing:
5 ig ner's Name:---------------------------
0 lnd iv1dua I
0 Corporate Officer -Title( s}: ---------------
0 Partner 0 Umited 0 General -=====-0 Anomey in Faa
0 Trustee
0 Guardian or Con-servator
0 Other: -------------------
Signer is Repre-senting: _______ __
Temple City Veterans Monument
Estimate of Probable Construction Cost
DESCRIPTION
OVERHEAD & MOBILIZATION I DEMOBILIZATION
General Overhead & Mobilization/Demobilization Costs
(includes temporary construction fence, bonds,
insurance, water, clearing, clean-up, relocations, traffic
control and demobilization)
I DEMOLITION
Remove existing turf
Remove plants from planter
Remove concrete wall
Remove bench
Remove flag poles and patch concrete
Remove concrete paving
I ELECTRICAL
Flag Pole Uplights
Electrical System
jSITE CONSTRUCTION
Wall -Type A (24" tall)
Wall -Type B (24" tall)
4" Concrete Paving (exposed aggregate)
4" x 6" Concrete Mow Curb
Memorial Plaques
Center Monument wall, paving, and signage
Relocate existing American Flag Pole
New 35' Flag Pole
jLANDSCAPE
Turf irrigation
Groundcover Irrigation
Groundcover
Turf replacement
Weed Abatement, Soil Preparation & Fine Grade
90 Day Maintenance (by city staff)
II SUB-TOTAL
TOTAL
1 LS $6,000.00
300 SF $1.50
320 SF $1.00
65 LF $10.00
1 LS $300.00
2 EA $500.00
160 SF $3.00
13 EA $2,000.00
1 LS $8,000.00
119 LF $110.00
63 LF $90.00
160 SF $7.50
125 SF $8.00
5 EA $500.00
115 SF $60.00
1 EA $5,200.00
5 EA $5,600.00
1 LS $2,500.00
141 SF $1.75
141 SF $5.00
600 SF $1.50
141 SF $0.36
Contingency
ATTACHMENT C
6/16/2016
SUB-TOTAL
$6,000
$3,2ool
$450
$320
$650
$300
$1,000
$480
$34,0001
$26,000
$8,000
$63,5601
$13,090
$5,670
$1 ,200
$1 ,000
$2,500
$6,900
$5,200
$28,000
$4,4031
$2,500
$247
$705
$900
$51
$111,16311
10% $11 ,116
$122,27911
Aug 05 '16 03:'18p Green Giant L<mdscape, In
ATTACHMENT D
2. SCHf.DUt . .r: Of-ITEMS AND PRlCf:S
In compliance with the Notice Inviting Sealed Bids, the undersigned here! y agrees to enter into a contract to f urnish all •.. labor, matetials, equipment and supplies for the Temple City Veteran's M ~morfal in accordance with the Plans, Drawings,
Notes and Details, and Specifications for the unit prices Indicated on the ollowlng page:
DESCRIPTION QTV. UNIT UNIT PRICE t:J<TENDEO
AMOUNT TOTAL
OVERHEAD & MOBiltlATION / DEMOBIUZATION I !=;l)l) £) ~Ct
General Overhead flt Mobilization/Demobilizatfon
Costs
1 lS II ~ --~ ... ~t.~ ~N\1\ ~~j
DEMOLITION TIOO{) ao
Remove existing turf 1 LS looo ~· \ oao .a il
Remove plants from planter 1 lS l lOo,.....~ ! \01'11'\ _C\Cl
Remove concrete wall 1 lS ~l'ln 1"\ ~\> ~~01\.0 .oG
Remove bench 1 lS lOl)t'\ .f)( lD 0"'-!' .-.
Remove flag poles and patch concrete 2 EA \CI rlll f7n ? Ann !''j
Remove concrete paving 1 lS l'3ono !l" ~/'\~)~
I ELECTRICAL TI ftS"oo P (J
Flag Pole Uplights 13 EA I tt ill) po 14 3oo~(J'O
Electrical System 1 LS lg aon~ I ~.., ~o.o~
SITE CONSTRUCTION .\';9 ~~~-~
Wall-Type A (24" tall) 1 lS l ~o _..A_~ ~bo.r\.(". 0
Wall-Type B (24" tall) 1 LS I lc;,._,...~o l t;AI\t'\ ~ ~
4" Concrete Paving (exposed aggregate) 1 LS ~~Db,""~ 1J.o 0~0~ D
Concrete Mow Curb 1 LS I S"ooo~ I So~.ot I>
Memorial Plaques 5 EA I !Jill'\" ~ n JD l"lnt"\ ~ 1)
Center Monument wall, paving, and signage 1 LS I &.aD 6r-..,.. 'r l40ot:'lo ~
Relocate existing American Flag Pole 1 EA l~bDn !'0 I ~&-u\ !=>C ~
New 35' Flag Pole 5 EA lt:;nn o oc ~~~i}L'V] ~ 10
I LANDSCAPE T7ooo o~
Turf irrigation 1 LS !J~""~t. ~~nl"\·~ f)
Groundcover Irrigation 1 LS I~Ol'\" po '30oo ~·'
Groundcover 1 LS ~~·£)1\i'} 0"' l~o~:-.
Turf replacement 1 lS fEooo~ ! i:; l')("1l'\ IX'.
Weed Abatement, Soil Preparation & Fine Grade 1 lS ~~---~ t:=..-.--0 1
II TOTAL IN FIGURES: ~ \~I soo. Ot:l> II
~ TOTALIN WORDS: One \n_ .. ') ru oAHl £'\f"!.V\~1 s.p..,_ ~~, -\-\nlu JSIIAIJ r.t Jl
~ut.J~ ,,~~ ~ 0 c ~,; ~