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HomeMy WebLinkAbout2012-08-14 City Council Agenda Item No. 09CITY OF LA E � LS I I`1O DREAM EXTREMEw REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: AUGUST 14, 2012 SUBJECT: CONSTRUCTION CONTRACT AWARD ANNUAL ASPHALT MAINTENANCE PROGRAM Recommendations 1. Award the Annual Asphalt Maintenance Program to Caliber Paving Company, Inc., in the amount of $282,000. There is no rate increase associated with the extension of this contract. 2. Authorize the Interim City Manager to execute the contract with Caliber Paving Company, Inc. in the amount of $282,000.00. As a part of the City wide annual asphalt maintenance program, the Public Works Department repairs roadways, temporary walk ways and drainage areas throughout the City. The scope of work consists of furnishing all labor, materials, tools, equipment, and incidentals required to provide street maintenance services to the City's Public Works Maintenance Division. Locations for asphalt repairs are developed through staff inspections and resident requests. In 2011 the City Council entered into an agreement with Caliber Paving Company, Inc., to provide this work, the term of the original annual agreement was conditioned to be for one year and renewable in one year increments up to three years through the approval by City Manager, and subject to the review of City Council. This recommendation represents the 2nd year of the contract. F.Mci :161, 1 ► �-* Page 1 of 4t Asphalt Repair Annual Contract Renewal August 14, 2012 Page 2 Discussion The asphalt maintenance program aids City staff with the repair of right of way facilities throughout the City. Staff generates a work order identifying locations for asphalt repair. Work orders are based on staff observations or resident/business owner requests. All work orders specify the type and quantity of work and the billing is based on the bid item and unit cost. Because each work order is unique, the billing will vary depending on the individual requests. Caliber Paving has performed well for the City under this contract. Of particular note is the emergency service provided to repair an expanding sink hole on Mission Trail. With short notice, Caliber was on site discussing repair alternatives with staff. The repair was completed by the end of the first business day after being called. Fiscal Impact On June 26, 2012 City Council adopted the Capital Improvement Program for Fiscal Years 2012-2017 which included the annual asphalt repair project. The budget for Fiscal Year 2012 is $282,000 and is funded through Measure A. Prepared by: Peter Ramey Project Engineer Ken Seumalo if Director of Public Works Approved by: Thomas P. Evans Interim City Manage Attachments: Contract Agreement Page 2 of 41 SECOND AMENDMENT TO SERVICES CONTRACT This Second Amendment to Services Contract (this Amendment) is made and entered into as of the 14th day of August, 2012, by and between the City of Lake Elsinore, a municipal corporation (the "City") and Caliber Paving Company, Inc. ("Contractor"). RECITALS A. City and Consultant have previously entered into that certain Services Contractor, dated as of January 11, 2011 (the "Contract"). NOW, THEREFORE, the parties amend the Contract as follows: 1. Section 2. Time of Performance. The services of Contractor shall be extended to July 1, 2013. Each individual signing below represents and warrants that he/she has the authority to execute this Amendment on behalf of and bind the party he/she purports to represent. IN WITNESS WHEREOF the parties have caused this Amendment to the Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONTRACTOR: Thomas P. Evans, Interim City Manager City Attorney Title & Name Page 3 of 4t AGREEMENT ANNUAL ASPHALT MAINTENANCE PROGRAM PMP_11 NON-PROFESSIONAL SERVICES This Contract Agreement, for Job Order Job Order Contractor/Non-Professional Services is made and entered into as of the date signed by the Mayor, by and between the City of Lake Elsinore, a municipal corporation, -County of Riverside, State of California, hereinafter called the "City" and Caliber Paving Company, Inc. hereinafter called the "Contractor.$# RECITALS cl pe rm special services A. Contractorisspe *ally trained, experienced and competent to rfo the ci Ise iceswhichwill be required by this Agreement. B. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on theterms and conditions described herein. C. City desires to retain Contractor to render the services and related work as set forth in this Agreement. AGREEMENT Scove 2f Services. a. Contractor shall perform the services described on Exhibit A which is attached hereto and incorporated ncorporated herein by reference. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it m a'y " provi de from time to time and in such manner as to minimize inconvenience and potential hazards to the City and the public. b. Contractor shall furnish all necessary tools, equipment and vehicles at Contractors sole expense. C. Contractor shall provide the City with at least. two (2) contact telephone numbers that can be called by City when emergency maintenance conditions occur. Contractor shall proVide a maximum of one- hour Personnel respQnse time upon notification. d. Contractor shall require each of its employees and subcontractors to adhere to basic Public Works standards of working attire which shall include basic uniforms, proper shoes and other equi pment and gear as is required by State of California workplace safety regulations. Shirts shall be worn at all times, b.uttoned and tucked 'in. e. Contractor shall display the organization or firm name on all of its vehicles.. Such display shall be legible from a distance to one-hundred (100) feet. Page 4 of 41 AGREEMENT 2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall continue for a period of one year and may be extended for two (2) consecutive one- year extensions upon the approval of the City Manager, subject to the review of the City Council. 3'a Co nsation. Compensation to be paid to Contractor shall be in n accordance With the Schedule of Charges set forth in Exhibit B, which is attached hereto and Incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Pa nora Contractor shall submit monthly billings to City describing -the work performed during the preceding month. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by hots, and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City requests that Contrqctorp'erform Extra Work. As used herein, "Extra Work" means any work which is deterniined by City-to be necessary but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager or his/her designee unless such work is verbally requested in conjunction with an emergency maintenance request. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. - Termination. This Agreement may be terminated by the City or Contractor for cause upon thirty.(30) days' written notice of termination. This contract may be terminated by the City without cause upon sixty (60) days written notice of termination. Upon termination, Contractor shall be entitled to compensation for services per.formed up to the effective date of termination. 7. Reserved., 8. Contractor'$ Boa k.s.-and - -- Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, -or expenditures and disbursements charged to City for a minimum period of three (3) years, or'for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when It Is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. Page 5 of 41 A J-,Vn%.?REEMENT d-. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractors successoOn-interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights. 10. Interests of Contractor. Contractor (including principals, associates and professio'naf employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractors services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. 11. Ability of Contractor. City has relied upon the experience and training of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide propedy skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractor in Contractors field of expertise. 12. Corn Dance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses, Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor., Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are all required of Contractor, including but not limited to, a City business license. 14. I Contractor shallindernnify and hold the City, its officers, employees, and agents free and harmless from any liability whatsoever, including wrongful death, based or asserted upon act or omission of the Agreement or, its employees, subcontractors, and agents relating toot in anyway connected with the accomplishment of the work or performance of service under this Agreement. As part of the 'f6regoing indemnity, the Agreement or agrees to protect and defend at Contractor's own expense, including attorney fees, the City, its offices, agents, and employees in any legal action based upon any such alleged acts or omission. Page 6 of 4t AGREEMENT 15. Insurance Requirements. Contractor, at Contractors own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. The Contractor shall name as additional insured, the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), and shall furnish the City with a certificede of insurance evidencing liability insurance policy or policies which shall provide coverage for owned and non-owned automobiles; manufacturers and Contractor's liability; broad form property damage in any case where the Contractor has any property belonging to the City in his care, custody or control, owners and Contractors protective liability; blanket contractual liability; products and completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or trenching is done with power equipment; and shall bear .an endorsement containing the following Provisions: Solely as respect to work done by or on behalf of the named insured for the City of Lake Elsinore, it is agreed that the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, employees and agents, are added as additional insured under this policy and the coverage provided hereunder shall be primary insurance and not contributing With any other insurance available to the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore, and the County of Riverside, its officers, employees and agents- under any third party liability policy.- It is further agreed that the other insurance provision($) of the policy are amended to conform therewith. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. Insurance companies providing insurance here under shall be rated (A minus: V11- Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. The terms of the insurance policy or policies issued to provide the belowinsurance coverage(s) shall not be amended or canceled by the carrier without thirty (30) days prior written notice by certiffied or registered mail of amendments or cancellation to the City, except that cancellation for non-payment of premium shall require (1 o) days prior written notice by certified or registered mail. In the event the said 'insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. All liability insurance policies shall bear an endorsement or shall have an attached rider which provides.that the City of Lake Elsinpre mail be notified by certified or registered mall,at least 30 days prior to•the effective date of cancellation, non-renewal., or material alteration of such policy. All liability insurance shall cover comprehensive general liability for both bodily injury (*Including death) and Cm property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits, ---------- ....... Ea c ---P. e' .,rson Ea G ch -cctfrrdn --------- $5001000.00 $10000,000.00 $27000,000.00 $1 1000,000.00 $2,0000000.00 A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000. 00 for each occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability. Page 1 of 41 r"%%J A nREEMENT Property Damage Insurance shall cover full replacement value for damages to any property caused directly or indirectly by or from acts or activities of the Contractor or its sub-contractors or any person acting for the Contractor or under its control or direction. The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and non-owned automotive equipment pment operated. Such coverage limits shall not be less than $1 P0001000 combined single limit. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the 10 City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the Cityl, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. The Contradtor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance with limits as established by the State of California. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. hlotices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address s etforth below. Notice shall be deemed communicated within 48 hours from the time of making if mailed as ' provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to ,Contractor: Caliber Paving Company, Inc. Attn: Darin Gilchriese 673 E. Young Santa Ana., CA 92705 16. The Contractor hereby agrees to provide and maintain in effect two- (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor,' mechanics, or matedalmen for all work under the Contract pursuant to Section 3247 of the Civil Code. 17. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her can expense, make any repair(s) or replacement(s) necessary to restore the- work to full compliance with the Plans and Specifications. Page 8 of 41 AGREEMENT 18. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of per them wages established by the California Department of Industrial Relations. The Contractor and any agents or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages upon Public Works," all of which are made a part ofthe Contract documents. 19. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls, invoices of materials, records on a current basis, and recording all transactions pertaining to this Agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Lake Elsinore, County, the State of California, and the Federal Government and to any authorized representative thereof for purposes ofaudit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter period of retention, -all books, records, and supporting detail shall be retained for a period of at least three years after expiration of the term of this Agreement. 20. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Lake Elsinore, , or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bean"ng demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty (30) days-after the Contract is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow Contract Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, Of the Public Contract Code. 21, The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), and the County of Riverside its officers, agents, and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the Contractor's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Contract Agreement or are caused or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees, sub- contractors or supplm'rs, and all expenses of investigating and defending against the same; provided, however, thjat this. indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City, RDA, and County Qf Riverside its -officers, agents, or employees. I The obligation to indemnify, defend and hold harmless set forth herein, shall include, without limitation, any and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a judicial or administrative action or in arbitration, and whether the issue is between the parties or Involves one or more third parties. 22. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily It to or by action of law, assign any obligation gation assumed by the Contractor hereunder without prior written consent of the City. 23. Should either party bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract Agreement, the prevailing party in such action shall recover in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. Page 9 of 4t AGREEMENT In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys' fees incurred in any post judgment proceedings to enforce any judgments in connection with this Contract Agreement. The Provision is separate and several and shall survive the merge of this Provision intoany judgment. 24. By my signat6re hereunder, as Contractor, I certify that 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 thework of this Contract. 25. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of Lake Elsinore. 26. Contractors are required by law to be licensed and regulated by -the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar Contractors` License Board, 3132 Bradshaw Road, Sacramento, CA 95826.. Mailing address: P.O. Box 26000', Sacramento, CA 95826. (SIGNATURE PAGE FOLLOWS) Page 10 of 44 AGREEMENT City of Lake Elsinore, Municipal Corporation BY: City Mana ( er 9 DATE: '� - - - 0 01"'/0 Z %/// INTERNAL USE ONISAY it lerk nee d Mayor s APPR DASTOL LF0 M: A ....... V_ 1Xz W i Da L6 RECOMMENDED FOR APPROVAL: Department Head (if contract. exceeds $1S,OOtI) Date SIGNING INSTRUCTION TO THE CONTRACTOR.- (Name of Contractor) License No./ Classification: LP�5_W �� CLASS A + 1 `2 Expiration Date: t () • '131 - Z02 i=ederai I.D. No.: PRINT NAME: T� � I � SIGNATURE: TITLE: ���C�� DATE: n;.. i Date TITLE: V t,CE - ]ERffiI57 T DATE: Vl A1 Date All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign on behalf of the Partnership. In the agent that the contracting firm Ig a corporatiom Nto S2rv2r offi ate cees havina authority from the co tion MUST sign Lt%6Lo_ (2) . glanatures total). If the co --riporaflon has a corgorale resolution. gyLMA. that one- person la, authorized-1 icem o slan on behalf of all off Lgttach corporate Los .,.9Iut1o.n hm ed1ate1X following the notar i cerf fic CorDor ffi ate Seal may be axed he�reto,, y Page _l I of 4t Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D - List of Subcontractors Page 12 of 4t EXHIBIT € €A" SCOPE OF SERVICES (INSERT) Page 13 of 4t EXHIBIT "B# SCHEDULE OF CHARGES (INSERT) Page 14 of 4t EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS' CONA Q ATION INSURANCE I hereby certify that in the performance of the wo which this Agreement is entered into, I shall not employ any person n any manner so s me subject to the Workers' Compensation Laws of the State of Califomia Executed on this day .of 200 at California. C Page 15 of 4t SECTION 2 -- SCOPE AND CONTROL OF THE WORK 24 AWARD AND EXECUTION OF CONTRACT 2-1.1 s comae .of Proi f-I ed, The work to be done,, in general, consists of furnishing to the satisfaction of the Engineer, all labor, materials, tools, equipment, and -Incidentals unless other se specified to construct and complete the Contract in compliance v�th the Contract documents, to vet, the Agreement any and all Contract Change Orders issued after the execution of the Agreement, any and all Addenda issued priorto the opening of the Bids, the Special Provisions (which includes the General Provisions and Technical Provisions), the pr6ject Plans, the Standard Plans, the Standard Specifications,, reference Speci fications, the Bidders Proposal.. the Notice Inviting Bids, the Non-Collusion Affidavit, the Faithful Performance Bond, and the Labor and Material Payment Bond. and the Bidder's Bond. 2-1.2 Examtw -nil Vog of Site of Work. Pro For iis, PlaM-.Specifications, and - Sgecia, Provisions The Bidder is required to examine carefuRy the site of work, Proposal forms and all other Contract docurnents for the work contemplated, The Submission of a Biddees Proposal shall be considered conclusive evidence that the Bidder has investigated and is sat fled as to the conditions to be encountered, as to the character, quality and scope of work to be performed and quanffies cif materials to be furnished, and as to the requirements of all the above docutnents. 2-1.2.1 EstimLed _-Qwntities The estimated quantffles given in the Bid Schedule are approArriate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, age that the actual amount of work M"ll correspond therevAth, and reserves ft right to increase or decease the amount of any portion of the work, or to omit portions of the work, or delete any bid items of work,, as may be deemed necessary or advisable by the engineer. 2-1.3 lnkM[etatm 2f..fte., ants Discrepancies in and omissions from the Special Provisions, the project Plans or other Contract &K�uments, or questions as to their meaning shall, at once,, be brought to the attention of the City. Any interpretaffon of the documents will be made only by Addenda dully issued, and a copy of such Addenda Will be mailed or delivered to each person or firm who Is listed by the My as having received a set of such documents. The City will not be mpomible for any other explanations or interpretations. No oral agreement or conversation with any officers, employees,, or agents of the City., either before or after execution - of the Contract, shall affeot or modify any of ft tears of obligations contained in any of the documents compnsing said Contract, 2-1.3.5 Addenda Any Addenda issued prior to the opening of the Bids sh a-# be acknowledged in the Biddefs Prq3osal and shall beoorne a part of the Contract documents. Addenda shall be admowiedged by ris*V each individual Addendum numerics ffyon Me Bidder's Proposal. If an Addendum or Addenda have been th issued by the City and not acknowWged as being received bY the Brier, said Proposal r be rejected as being non-responsive. Page 16 of 41 SECTION 2 PROJECT NO. PMP-11 2-1.7 Qi2gualification of Bidders More than one Bidder's Proposal from an individual, a firm or partnership, a corporation or an association under the same or different name will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bidder's Proposal, as a Bidder will cause the rejection of all Bidder's Proposals in which such Bidder Is interested. If there is a reason for believing that collusion exists. among the Bidders, none of the participants in such collusion will be considered in awarding the Contract. Biddees Proposals in which the prices obviously are unbalanced maybe rejected. If the experience or financial background of the Bidder, as a Contractor, is inadequate or past performance has been unsatisfactory,, his or her Bidder's Proposal may be rejected. No Bidders Proposal will be accepted from a madder who is not fully and properly licensed as a Contractor in accordance With the Provisions of Chapter 9 of Division 3 of the Business and Professions Code on the date and at the time of the submittal of the Bid Proposal for the work to be done by him or her. (8 & P 702.1 5) 2-1.8 erection of Mdees PMsals Any Bid contairu'rig -iinfortnation which is subsequently proven false or -improperly signed shall be considered non-responsive and shall be rejected by the afty. A licensed Contractor shall not submit a bid to a public agency unless I►ts or her 0ontmctoyXs I- jeense number appears dearly on the Bid and the Hoonseexpirafion date is stated. Any Bid not containing this information, or Bid containing information which Is subsequently ptoven false., shall be considered non-respowive and shall be rejected by the City. (B & P 7028.15 (e)) A Bidder's proposal shall be rejected upon the occurrence of any of the folio ring; the- Bidder's proposal has been transferred to another Bidder, the Bidders proposal shows any-alterauons of form, additions not called for, condftna'l or alternative bids uncalled for, or falling to provide required Information excqpt as allowed by law. If the Bidder is making a change to the Bidders proposal to submission of #* Bid, the Bidder is to line through the existing zcdpts, add the revision, and initial. A Bidder's proposal.maybe rejected if the Bidder's proposal has Irregularities of any kind- 0 however' 0 the City reserves the - ht to reject any and all Bidder's proposals as weK as to knulatities to rig waive the extent permitted by law. The fist of Refemces form is informational only and Contractors ftt have not worked on Pubile Works projects should state, *'Have Not Worked Public Works Projects,* and include other sirnHar work. 2-1. rd o ract Contact The lowest resp►nsUe Bidder Will be determined by comparing ft curnulafive total of all base bid items, and additive bid Penns based on the Enginea,"s estimate.of quanlides for the work to be done (PCC 20103.8b). At the discretion of the City, Addifive Bids (if any are included) may be awarded in the order shown on- Me Bid Schedule. For example,, Additive Bid W would be awarded prior to Additive EUd W. The Cy reserves the right to select the total bid, or the base did only, or the base bid plus any or all of the Additive Bids for award. In the event that any or all ofthe Add" ve Bid(s) are not awarded with the base Bid, the City reserves the tight to add any or all of the Addifive Bid(s) by Contract Change Order at ft prices bid. Page 17 of 4t SECTION 2 PROJECT NO. PMP-11 2-3 SUBCONTRACTS 2-3-1 General In respect to the work performed under the Contract Subse0ion 2-3.1 'RGeneral,* of the Standard Specifications shall be deemed revised to' include the following: - Pursuant to the proVislons in Section 1777-1 of the Labor Code, the Labor Commissioner sioner publishes and distributes a fist of contractors ineligible to perform work as a subcontractor on a public works project This list bf debarred . oontractors, is available from the Department of Industrial Relations web site at bttg://www.dir.ca.ciovj i bor kWQLaEQ0ar- 2-3.2 Additional Resppnsi In r"Pect to the work peiformed under the -CoAt Subsoaon, 2-3.2, *Additie` Hkes- nstb* 36 na PO of the Standard Spedifications shall be deemed revised to include the follovWng-. If the Bid su b rn itted by the Contractor fails to meet at least fifty (50) percent of the amount of work required with its own-forces, the Bid will be considered non-responsive and-wHI be rejected with no further consideration. If after execution of the agre'ement ft City discovers ft .Contractor is performing work amounting to less than fifty (50) percent of the Contracted arnouM except for "Spedalty Items,* the Contractor M11 be notified that-he or she is in violallion of the Contract and will have ftt portion subcontracted for which is less than fifty percent (5Vlo ) of the amount of work required to be performed by the Contractor d ed ucted from payment to the Contractor. The dedueffon shall not exceed fifty (50) percent of the Con"eted amount required to be performed by the Contractor. The Contractor will not be penalized by Me C7dy resulting from Contract Change Orders that increase subcontract Items of work.. Subcontracts shall include Provisions that the Contract between the City and Me Contractor is part of the subcontract, and that ag terms and Provisions of said Contract are incorporated in the subcontract. Subcontracts shall also coniain certification by the suboontaidor #mt said subcontractor is experienced In and qualified to do, and knowiedgeable about the subcontracted work. Copies of subcontracts shag be available to the Engineer at the to any.11tigation against the City concernina the project Is filed. 2-3.3 Status, of SgbcontraMrs In respect to the work performed under the Contrail, Subseefion 2-3.3,,'aStatus of Subcontractore of the Standard Specifications shall be deemed revised to include the foNoMmg: 1. The Contractor shall be fully responsible to the City for ft acts and omissions of subcontractors and of persons employed by thern,. as the Contractor is for the acts and onisslons of persons directly employed upon teir work. 2. The Contractor shall be responsible for ft coordination of ft trades, subcontractors and material suppliers engaged upon their work. 3. Neither the City nor any representative of the City wilt undertake to sere any difference between the Cont actor and subcontractors or between suboontractors. Page 18 of 41 SECTION 2 PROJECT NO. PMP-1 I to the City, they will be rejected by the Engineer. The Contractor shall thereafter, correct said submittals and resubmit. In the event that in the process of development of the submittals, it is discovered that there are defects and/or errors on the Plans, resulting in c fict between said Plans and the submittals, or If the submittals show variation from the Plans and/or Contract requirements because of standard shop practice or other reasons, the Contractor shall thoroughly describe and explain said defects and/or conflicts in his or her transmittal letter to the Engineer. The Engineer's review of the submittals will be for general design and arrangement only, and shall not relieve the Contractor from responsibirdy for errors of any sort in the subMttals or of the responstibiI4 for executing the work In accordance With the Contract. The Contractor shall be solely responsible for the correctness of the submittals, for shop fits and field connections, and for the results obtained by use of such submittals. The Conti-actor shall verify and be fully responsible for all dimensions and site conditions affecting the work and shall be responsible for fumishing and installing the proper materials required by the Contract, whether or not Indicated on the submittals when reviewed. The Contractor will not be given an extension of contract time due to the failure of the Contractor to provide submittals as required by the Specifications in a timely manner. 2o,9 SURVEYING In respect to work performed under the contract Subsection 2-9.2, 'Survey Servloe,m of the Standard Specifications shall be deemed revised to include the follovving: The Contractor shall preserve bench marks,, survey monuments, survey stakes and points set for lines, grades or measurements of work in their proper places unless removal is atithorlmd by the Engineer. The City will bear the cost of one (1) set of construction stakes and Wdl give a copy of the cut sheets to the Contractor. The cost of restaking due to the negligence of the Contractor Will be deducted from the Contractors progress payment. 24-11 INSPECTION In respect to work performed under the contract, Section 2 -11, "InspecWn,* of the Standard Specifications shall be deemed revised to include the folloWing: Inspection of the work shall not relieve ft Contractor of any of his obligations to fulfill the Contract Defective work shall be made good and unsuftble materials may be rejected, not Withstanding that such defective work and maWals have been previously approved by the Engineer or included In the quantities for progress paymnts. The inspector does not have auftrity to deviate from the pians and speofficaWns, and to obligate the City financially. If any such work is concealed or performed wiftwO the prior Impaction notice, then the work shat be subject to such tests or exposure as may be necessary to prove to the Engineer that the mateftfs used and the work done am in confbrmity with the plans arwJ spectfications, or may be removed and 'Installed again at the discretion of the City EMineer. All labor, equipment and matwbis necessary for exposing, twfing or complete rewval, and Installation or replacement shall be furnished by the Contractor at ft expense. The Contactor shad replace, at its own expense, any materials, or work damaged, by exposure or tesft. Cost of rework Inspection incurred by the City Will be deducted from the Contractoes wgress, payments. Rework inspecdon cost is as follows. 1. Contractor's failure to complete the Work within the Contract firne stated in the Contract and any previously authorized extensions thereof. 2. Extra inspecfions required for Contractor's correction of defecdve work. 3. Overtime costs for acceleration of work done for Contractoes. convergence. 4. All associated costs including, travel. Page 19 of 4t SECTION 3 PROJECT NO. PMP-1 1 Prices', of the Standard Specifications or at the option of the Engineer, on the basis of Subsection 3 -3 '`Extra Work" of the Standard Specfficafions. The Contractor will be paid at the contract unit price for minor bid items regardless if there is an increase in excess of twenty-five percent (25%) in the quantity fisted in the bid. 3-2.2.3 Decreases of More than 25 Percent In respect to the work peffornned under the contract Me first paragraph of Subsection 3-2.2.3 "Decrease of More than 25 Percenf, , of the Standard Specifications shall be deemed revised to read as following: Should the actual quantity of a majoritem of work covered by a Gontmct Unit Price, and constructed in confomance with the Plans and Specifications, be less than 75 percent of the Bid quantity, and adjustnmt In Payment will not be made unless so requesW in writing by the Contractor. If the contmaor so reqwsts, 4 Contract Change Order will be issued and payment Will be made on the psis of an a4ustrnent in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer,, on the basis of Subsection 3-3 "Extra WoW of the Standard Specifications* however.. In no case w payment be less than would be made for the actual quantity at the Contract Unit Price. The. Contractor will be paid at the Contract Unit Price for minor bid Items regardless if there is a decrease In excess of twenty-ft (25%) percent in the quan* fisted In the bid. 3-3 M(TRAWORK 3-3.1 General, In respect to work performed under the Contract, Subsection 3-3.1,, "General," of the Standard #1 SpedficaWns shag be deemed revised to include the following. The Contractor shall not perform any extra work except upon wrftten authoriration from the Engineer. Any change in work shall conform to the original drawings and Specifications "Insofar as they may apply without conflict to the conditions involved in the change. 3-3.2.2 Bc is for Es' abli shin a. Costs In respect to work performed under the Contract the first paragraph of Subseeflon 3-3.2.2(a), "LaborO of the Standard Specifications shall be deemed revised to read as follms: The costs of labor WtH be the actual cost for wages prevailing locally for each craft or Mae of worker (including foreman when authorized by ft Engineer) performing to extra work at the time the exte work is done, plus, liability Insurance, health and welfare, periMon, vacation, apprentioeship, Amds, and other direct costs, as well as assessments or benefice required by lawful collective bargaining agreemnts.- To the actual wages, as defined above, Will be added a tabor surcharge set forth in the Califorrv*a Depaftent of Transportation publication enMW "Labor Surcharge and Equi ment 1P Rental Rates,," which is in effect on the date upon which the wo* is accomplished and which is part of the contract The labor surcharge shall constitute full compensation for all payments imposed by state and faded laws and for ail other payments made to, or on behalf of the workers, other than actual wages, subsistence and travel paid to the workers. Labor surcharge includes Workers' Compensation Insurance, Social Secudty,, Medicare, Federal Unemployment, State Unemployment and State Training Taxes. Page 20 of 41 SECTION 3 PROJECT NO. PMP-11 2. For work performed by a subcontractor, the added cost for overhead and profit shall be thirty-three percent (330/9) to the cost of labor, fifteen percent (15%) to the cost of materials, and fifteen percent (15%) to the cost Of equipment rentals, to which the Contractor may add ,five percent (5%) of the subcontractor's price of the work. The additional five percent (5%) mark-up shall reimburse the Contractor for additional administrative costs, and no offw additional payment will be made by reason of performance of the extra work by a subcontractor. 3. For work performed by a sub-suboontmctor, the added cost for overhead and profit shall be thirty-three percent (33%) to the cost of labor, fifteen percent (15%) to the cost of materials, and fifteen percent (15%) to the cost of equipment rentals, to which subcontractor and general Contractor may add an additional five percent (5%) each of the total price from the lower tier subcontractor. The additional five wit (6%)-mark-up shall- reirnburse the suboontractor and general Contractor for addonal administrative costs, and' no other additional payment will be made by reason of performance of the extra work by a subcontractor. 4.. For work Performed by special forces or other Special services, the Engineer and the Contractor, by agreement, mnll determine that a special service or an ftem of extra work cannot be performed by the forces of the Contractor or those of any of his subcontractors, such service or extra work item may be performed by a specialist Invoices for such service or item of extra work on the basis of the current market pn*'ce thereof may be aampted without complete fternintion of labor, material, and equipment rental costs when ft li � impracticable and not In accordance wfth ft estabrished praefice of the special service industry to provide such complete itemizaffon. In those Instances wherein a Contractor is required to perform extra work necessitating a fabrication or matching ng process In a fabdcation or machine shop facilities away from tie job sites #* charoes for that Portion of the extra work porkmed in . such fadfity may, by Agreement between the Contractor and Englneet, be accepted as a specialist bilHing. To the specialist invoice prim, less a credit to ft City for any cash ter trade discount offered I or available, whether or not such discount may have been -taken, Vill be added fifteen pament (16%) for overhead and profit In Neu of ft percentages provided above. 5. The cost of direct superviWon, exoept when provided by working foremen whose time is included above, of Contract Change Order work when done exclusively and not in conjunction or at the same time of other work performed on the job and when approved in advance by the Engineer Including only payroll taxes, hwmnoe, pension and direct costs for ft Wnor of supervision, may be charged to the Contract .change Order. The cost of transportation, use of vehicle, and other costs Incurred by supervision will not be al wed, 6. For added or deducted work by subcontractors,, the Contactor shall furnish to the Engineer, with the subcontractor's signed detaffed estimate of the cost for labor, materials, and equipment including the markup by such subcontractor for ovedmd and profit, The same requirement shall apply to subcontractors. 7. For added or deducted work furnished by a vendor or supplier, the contractor shall furnish to the Engineer a detaffed estimte or quotaWn of the cost to the Contractor for such w9rk,, signed by such vendor or supplier. 8. Any dw9e in the work InvolVing both extras and credits shall show a net total cost, 1# including subcontracts. Allowances for overhead and profit as spelled herein, shall be Page 21 of 44- Date CCO Proposal No., Contractor Item No. Location 3a612 (a) CONTRACT CHANGE ORDER SUMMARY REPORTAMOUNT Gewral Contractor I • Labor Cost ........................... $ 2. mate al Cost: 3. Equipment Cost: .............................................. 4. Special Forces/Services .. ..................... ......... ................... $ Subtotal Contractor Cost: $ 5. Subcontractor/Sub-subcontractor Name a. Labor Cost .................................................. b. Material C. Equipment $ Subtotal Subcontractor/Sub-subcontmdor owl*** lot fs* 6. Subcontractor/Sub-subcontraotor Name�_. a. Labor Cost.... b. Material Cost C. EqWpment . ..... BuiAotal Subcontractor/Sub-subcontractor Cost** Ome *even 44 $ TOTAL CONTRACT CHANGE ORDER COSTS age Page 22 of 41 7 OEM la.qp- Hntiriv P2 y' �Y gat I vA z&wjfiz4 Is 181(9,1711 ITZ4 Elm ai ElITHII 'ITLO) I A I 11i;j I IF-ILW19161 I 91C.42 �ZKTI to RfUlitV allm tIIIIIIIJUENIF, AV ;7-D- g H-1 ME alp-alm A VVRITF 4; vY. -- --------- WN u tie; � ME a -------------------- - ------ ---- - ------ ---- Date CCO Proposal No. Contractor Item No. Location ,3w6-2 (a) CONTRACT CHANGE ORDER SUMMARY REPORTAMOUNT Genera( Contractor ILabor Cost ........................................................................................................ $ 2. Matedal cost: 1604, 3. Equipment Cost: ................................................................................................ $ 4. Special Fore*s/Servims.- * ................ .................. 0,0.$ Subtotal Contractor Cost: 5. Subcontractor/Sub-subcontractor -Name a. Labor b. - Material Cost C. Equipment Cost ....................................... Subtotal Subcontractor/Sub-subcontractor Cost 6. Subcontmetor/Sub-subcontmotor Name a. Labor b. material cost e. EOPment Cost ................................. Subtotal Subcontractor/Sub-subcontractor Cos # *040 or*** TOTAL CONTRACT CHANGE ORDER COSTS Page 24 of 4t SECTION 3 PROJECT NO. PMP-11 2. For work perfbrm*ed by a subcontractor, the added cost for overhead and profit shall be thirty-three percent (33%) to the cost of labor, fifteen percent (15%) to the cost of materials, and fifteen percent (15%) to the cost of equipment rentals, to which the Contractor may add five percent (5%) of the subcontractor's price of the work. The additional five percent (5%) mark-up shall reimburse the Contractor for additional administrative costs, and no other addWsonal payment will be made by reason of performance of the extra work by a subcontractor. 3. For work performed :by a sub-subcontractor, the added cost for oyethead and profit shall be thirty-three pier cent(33%) to the cost of labor, fifteen percent (15%) to the cost of n1aterials, and fifteen percent (15%) to the cost of equipment rentals, to which subcontractor and general Contractor may add an addigonal five percent (5%) each of the total price from the lower tier subcontractor. The additional fivo, percent (5%)-mark-up shall- reimburse the subcontractor and germral Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor. 4.. For work performed by special forces'or other special services, the Engineer and the Contractor, by agreement WD determine ftt a special service or an Itern of extra work cannot be performed by the forces of the Contractor or those of any of his subcontractors, such service or extra, work item may be performed by a specialist Invoices for such service or item of extra work on the basis of the current market price thereof may be awoopted wfthout complete ftemlization of labor, material, and equipment rental costs when it Is impracticable and not In accordance with ft established pracWe of the special service* industry to provide such complete iternizalion. In those Instances wherein a Contractor is required to perform extra work necessitating a fabrication or matching proce6s In a fabrication or machine shop facilities away from the job site, the charges for that pordon of the extra work performed in such facirty may, by Agreement between the Contractor and Engineer, be accepted as a specialist b*lWtng. To the specialist Invoice price,, less a credit to Me city for any cash or trade discount offered or available, whether or not such discount may have been. taken, will be added fifteen percent (15%) for overhead and profit in Neu of the per oantages provided above. 0, i 5. The cost of direct supervison,, except when provided by working foremen whose time is included above, of Contract Change Order work when done exclusively and =not in conjunction or at the same time of other work perfomied on the job and whe'n approved in advance by the Engineer Including only payroll taxes t insurance, pension and direct costs for the labor of supervision, may be charged to the contract .change Order. The cost of tramportation, use of vehicle, and other costs Incurred by supervision will not be allomd,, 6. For added or deducted work by subcontractors,, the contractor shall furnish to the Engineer, with the subcontractor's signed detaged estimate of the cost for labor, material% and equipment including the markup by such subcontractor for oved-tead sind profit. The same requirement shall apply to subcontractors. 7. For added or deducted work furnished by a vendor or supplier, the Contractor Wall furnish to the Engineer a detailed estin-ete or quotation of the cost to the Contractor for such wgrk,, signed by such vendor or suppfler. 8. Any change in the work Involving both extras and credits shall show a net total cast, 0 including subcontracts. Alkmances for overhead and profit as speciffed herein, shall be Page 25 of 4t_ SECTION 3 PROJECT NO. PMP-11 Prices", of the Standard Specifications or at the option of the Engineer, on the basis of Subsection 3-3 "Extra Work" of the Standard Specifications. The Contractor m(dl be paid at the contract unit price for minor hid items regardless if there is an increase in excess of twenty-five percent (25%) in the quantity fisted in the bid. 3-2.2.3 Qgp .Leases of.More than 25 Percent In respect to the work perfonned under the contrmt, the first paragraph of Subsection 3-22.3 "Decrease of More than 25 Percent', of the Standard Specifications shall be deemed reAsed to read as following: Should the actual quantity of a majoritem of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quanfty, and adjustment " payment Ml not be made unless so r I in . requested in wnbV by the Contractor. If the Contractor so requests, 4 Contract Change Order will be issued and payment Will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Subsection 3-3 "Extra Worie of the Standard Specifications; however.. in no case w0l payment be less than would be made for the actual quantity at the Contract Unit Price. The -Contractor will be paid at the Contract Unit Pdce for minor bid Items regardless if there im, a decrease in excess of twenty re (25%) percent in the quantity listed in the bid. 3-3 EXTRA WORK 3-3.1 In respect to work performed under the Contract, Subsection 3-3.1, "General.." of the Standard Specifications shall be deemed revised to include the folloVingl. The Contractor shall not perform any extra work except upon written authothwtion ftm the Engineer. Any change in work shag conform to the original drawings and Specifications 'insofar as they may apply wifttit oonflict to the conditions involved in the change. 3-3.2.2 Basis for Establishihi Costs In respect to work performed under the Contraa, the ftt paragraph of Subsection 3-3.2.2(a), ,"Labor of the Standard Specifications shall be deemed revised to and as follows: The costs of labor will be'the actual cost for wages prevailing locally for each craft or t of worker (including foreman when authorized by the Engineer) performing the extra work at the time the extra work Is done, ply, 11abifityinsurance, health and welfare, pension, vacation, apprentioeship funds, and other direct costs, as well as assessments or benefits required by lawful collective bargaining agreemnts.- To the actual wages, as defined above, will be added a labor surcharge set forth in the California Department of Transportation publication entitled "Labor Surcharge and Equi ment 1P Rental Rates,.o which is in effect on the date upon which the-work is accomplished and which is part of the contract The labor surcharge shall constitute full compensation for all payments Imposed by state and federal laws and for all other payments made to, or on behalf of the workers, other than actual wages, subsistence and travel paint to the workers. Labor surcharge includes Workers Compensation Insurance, Social Secuft Medicare, Federal Unemployment, State Unemployment and State Training Taxes. Page 26 of 41 SECTION 2 PROJECT NO. PMP-1 I to the City: they vvill be rejected by the Engineer. The Contractor shall thereafter, correct said submittals and resubmit. In the event that in the process of development of the submittals, it is discovered that there are defects and/or errors on the Plans, resulting In conflict between said Plans and the submittals, or If the submittals show variation from the Plans and/or Contract requirements because of standard shop practice or other reasons, the Contractor shall thoroughly describe and explain said defects and/or conflicts in his or her transmittal letter to the' Engineer.. The Engineer's review of the submittals will be for general design and arrangement only, and shall not relieve the Contractor from responsibility for errors of a ny sod in the submittals or of the responstbft for executing the work in accordance With the Contract. The Contractor shall be solely responsible for the correctness of the submittals, for shop fits and Wd connections, and for the results obtained by use of such submittals. The Contractor shall verify and be fully responsible for all dimensions and job-site conditions affecting the wow and shall be responsible f ©r fumishing and installing the proper MaWals required by the Contract whether or not Indicated on the submittals when reviewed. The Contractor W11 not be given an extension of contract time due to the failure of the Contractor to provide submittals as required by the Specifications in a timely manner. 2v-9 SURVEYING In respect to work perfonned under the contract Subsection 2-9.2, "Survey Service,,* of the Standard Specifications shag be deemed revised to in the following: The Contractor shall preserve bench marks, survey monuments, survey stakes and points set for lines, grades or measurements of work in their proper places unless removal is author coed by the Engineer. The City will bear the cost of one ( 1 ) set of construcdon stakes and Will give a copy of the cut sheets to the Contractor. The cost of restaking due to the negligence of the Contractor Will be deducted from the Contractor's progress payment. 241 INSPECTION In respect to work performed under the contract, Section 2-11, "Inspection,'" of the Standard Specifications shall be deemed revised to include the folloWing: Inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the Contract Defective work shall be made good and unsuitable materials may be rejected,, notwithstanding ftt such defective work and materials have been previously approved by the Engineer or included In ft quantities for progress par*nts. The inspector does not have authority to deviate frorn the plans and specifications, and to obligate the city financially. If any such work is concealed or perbrTned widvxA the prior Inspection notice, then the work shall be subject to such tests or exposure as may be necessary to prove to the Engineer that the matedals used and the work done are In conformity With the plans and specifications, or may be removed and Installed again at the discretion of the City Engineer. All labor, eqLdpment and materials necessary for exposing, twfing or complete removal, and installation or replacement shall be furnished by the Contractor at b expense. The Contractor shall replace, at its own expense, any materials, or work damaged, by exposure or testing. Cost of rework Inspection Incurred by the City Will be deducted from ft Contractor's progress payments. Rework inspecdon cost is as follows, 1. Contractor's faffure to complete the Work w4thin the Contract time stated In the Contmet and any Previously authorized extensions thereof. 2. Extra Inspections required for Contractoes correction of defective work. 3. OverOme costs for acoolerabon of work done for Contractors. oxwergence, 4. All associated costs including, travel. Page 27 of 41 SECTION 2 PROJECT NO. PMP-11 2-3 SUBCONTRACTS 2-3-1 General In respect to the work performed under the Contract Subsection 2 --3.1, 'General,* of the Standard Specifications shall be deemed revised t6 include the following: . Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project This list bf debarred . contractors. is available from the Department of Industrial Relations web site at httg:/Aww.dir. ca. a_oYJAi bor law/DLSE/Dobar. 2-3.2 Additional Reso2nsibilitv In Msped-to ft work performed under the -Oontratt Su4s, "on-2-3.2,"'AdditionalIkes' nsiblfil PO of the Standard Specifications shall be deemed revised to include the following-, If the Bid submitted by the Contractor falls to meet at least W (50) percent of the amount of work required with its own-forces,, the Bid will be considered non-responsWe and-MI be rejected with no further consideration. If after 'execution of the agreement the City discovers Me -Contractor Is performing work arriounting to less than fifly (50) percent of the Contracted amount, except for ``Specialty Items," the ConLractor will be notified ftt-he or she is in violation cif the Contract and will have that portion subcontracted for which is less than fft percent (50%) of the amount of work required to be performed by the Contractor deducted from payment to the Contractor. The deduc#on shall not exceed fifty (50) percent of the Contacted amount required to be performed by the Contractor. The Contractor Ml not be penalized by the City Msuffing from Contract Change Orders- that Increase subcontract items of work. Subcontracts shall include Provisions that the Contract between the Cfty and ft Contractor is part of the subcontract, and that all terms and ProVislons of said Contract are incorporated in the subcontract Suboontracts shall also contain certification by the subcontractor that said subcontractor is experienced in and qualified to do, and knowledgeable about the subcontracted work. coplps of suboontracts shall be available to the Engineer at the ' fitne any.11tigation against ft City concerning the protect Is filed. 2-3.3 Status,ofsULM.DiMpors In respect to the work performed under the Contract, Subsection 2-33, "fttus of SubcontractotV of the Standard Specifications shall be deemed revised to *Mclude the folovVing: 1 The COntractOf shall be fully resporlelble to the City for the acts and om' MS10 ns of subcontractors and of persons employed by #*m,.as the Contractor is for ttw acts and omissions of persons directly employed upon their work. 2. The Contractor shall be responsible for the coordination of the trades, subcontractors and rnatejial suppffers engaged upon their work. 3. Nelftr the City nor any representative of the City Will undertake to setHe any difference between the Contractor and subcontractors or between subcontractors. Page 28 of 41 SECTION 2 PROJECT NO. PMP-11 2-1.7 Dis ._Aualificabon of Bidders More than oft Bidder's Proposal from an individual, a firm or partnership, a corporation or an association under the same or different name will not be considered. Reasonable grounds f r believing that any Bidder has an interest in more than one Bidd6i's Proposal, as a Bidder. WHI cause the rejection of all Bidder's Proposals in which such Bidder is interested. If there is a reason for believing that collusion exists. among the Bidders, none of the partidpants in such collusion will be considered In awarding the Contract Bidder's Proposals in which the prices obviously are unbalanced maybe rejected. If the experience or financial background of the Bidder, as a Contractor, is inadequate or past performance has been unsatisfactory, his or her Biddees Proposal may be rejected. No Bidders Proposal will be accepted from a gidder who is not fully and property licensed as a Contractor in accordance With the ProAsions of Chapter 9 of Division 3 of the Business and Professions Code on the date and at the time of the submittal of the Bid Proposal for the work to be done by him or her. (8 & P 7,026.15) 2-1.8 Rejection of Bidder's Pro ssIs Any Bid containing ,iinformafton which is subsequently proven false or improperly signed shah be considered non-responsive and shall be rejected by the "t. A licensed Contractor shall not submit a bid to a public agency unless his or her Contractor's ficense number appears dearly on the Bid and the Hoense expiration date is stated. Any Bid not containing this information, or Bid oontaining information which Is subsequently ptoven false, shall be considered non-responsive and shall be rejected by the City. (B & P 7028.1.5 (e)) A Bidder's Proposal shall be rejected upon ft occurrence of any of the following: the' Bidder's proposal has been transferred to another Bidder the Bidder's proposal shows any-alterations of form, additions not called for, condftiona'l or alternafive bids uncalled for, or failing to provide required information ex pt as allowed by law. If the Bidder IS making a change to the Bidders proposal to submission of the Bid, the Bidder is to line through the existing,scrots, add the revision, and initial. A Biddees proposal maybe rejected if the Bidder's p . roposal has irregularities of any kind; however,' ft City reserves the d ht to reject any and all Bidder's proposals roposWs as well as to waive irregularities to the extent permitted by law. The Llsst..offieferences foffn is* info rma- nal only and Contra dorsftt have not worked on Public Works projects should state, Not Worked Public Works Prejects,* and include other similar work, 2-1.9 , AWrd-Af—Contract The lowest responsible Bidder will be determined by comparing the cumulative total of all base bid items, and additive bid items based on the Engine Ws estimate.of quantities for the work to be done (PCC 20103.8b). At the discretion of the City, Additive Bids (if any are included) may be awarded in the order shown on: the Bid Schedule. - For exarnple,, Additive Bid "K would be awarded prior to Addltfve Bid *13". The City reserves the right to select the total bid, or the base bid only, or The base bid plus any or all of the Additive Bids for award. In ft event that any or all of*the Additive Bid(s) are not awarded with the base Bid, the City reserves the tight to add any or all of the Addifive Sid(s) by Contract Change Order at Me prices bid. Page 29 of 44 SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT 2-1.1 SCODe of Pmiect The work to be done, in general, consists of furnishing to the satisfaction of the Engineer, all labor, materials, tools, equipment, and incidentals unless otherm"Se specified to construct and complete the Contract in compliance with the Contract documents, to wit, the Agreement any and all Contract Change Orders issued after the execution of the Agreement, any and all Addenda Issued priorto the opening of the Bids, the Special Provislom (which includes the General Provisions and Technical Provisions), the project Plans, the Standard Plans, the Standard Specifications., reference Specificafions, the Bidder's Proposal,, the Notice Inviting Bids, the Non-collusion Affidavit the Faithful Performance Bond, and the Labor and Matedal Payment Bondi and. the Bidder's Bond. 2-1.2 Exarrit nation , of Site of..Wo&,. Pro sal For P1ans,.&,ecfficat1ot)s, and Special P L.Ov, i The Bidder is required to examine carefully the site of work, Proposal forms and all other Contract documents for the work contemplated, The Submission of a Bidder's Proposal shall be considered conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed and quantifies of Materials to be furnished, and as to the requirements of all the above documents. 2-1.2.1 Estimated -ides Le _ -Quant The estimated quantMes given in the Bid Schedule are approximate only, being given as a basis for the compadson of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reseives the right to increase or decrease the arnount of any portion of the work, or to omit portions of the work, or delete any bid items of work, as may be deemed necessary or advisable by the engineer. 2-1.3 lnteM[etaton of the.. ignts Discrepandes in and omissions from the Special Previsions, the project Plans or other Contract documents, or questions as to their meaning snail, at orm,, be brought to the attention Of the City. Any interpretation of the documents will be made only by Addenda dully Issued, and a copy of such Addenda W111 be mailed or delivered to each person or frrn who is listed by the City as having received a set of such documents. The City Will not be responsible for any other explanations or interpretations. No oral agreement or conversation with any officers, employees,, or agents of the City, eber before or after executon - of the Contract,, shall affect or modify any of the term of obligations contained in any of the documents comprising said Contract 2-1.3.5 Addenda Any Addenda Issued prior to the opening of ft, Bids shah be acknowledged in the Bidder's Proposal and shall beoome a part of the Conftact documonts. Addenda shall be admviledged by fisft each individual Addendum numerically on the Bidder's Proposal. if an Addendum orAddenda have been issued by the City and not acknowWged as being received by the Bidder:, said Proposal rroy be rejected as being non-responsive.. Page 30 of 4t EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS' CO ATION INSURANCE I hereby certify that in the performance of the work which this Agreement is entered into, I shall not employ any person h any manner so s me subject to the Workers' Compensation Laws of the State of California Executed on this day .of 200. at California. Contr or Page 31 of 4t EXHIBIT "B" SCHEDULE OF CHARGES (INSERT) Page 32 of 4t EXHIBIT "A" SCOPE OF SERVICES (INSERT) Page 33 of 4t Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D - List of Subcontractors Page 34 of 4f AGREEMENT City of Lake Elsinore, Municipal Corporation B City Mana e er � DATE.- °2 /°Z�f�� INTERNAL USE ONLY v it Glerk nee d * Mayor sigg§;) APPR D AS TO L LFO M city orne Gate RECOMMENDED FOR APPROVAL: Department Head (if contract. exceeds $15, 000) Date SIGNING INSTRUCTIONTO THE CONTRACTOR. a, (Name of Contractor) License No./ Classification: t -CLASS A +CA2 Expiration Date: to-:31- 202 Federal 1. D. No.: PRINT NAME: cw�z to (-.,I tu ��I�Pl�u N SIGNATURE.- T ITLE: �'� l D EN T DATE: I a k t Date PRINT NAME: �Ir'�' SIGNATURE. E - ----- TITLE:V E tO, -TTZ -SIDl -T ---E� DATE. � - ��l • LI Date All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign on behalf of the partnership, In the event that the conjMtlng. firm ls Ices having authorl!y from the corporation MUST stn (IMo --- a. corporation. two (2) ... c2m2rate officer's vftfa J?j ---- Alanatures total b. If the cor oration as a co resolution statina that 20everson-la-authored to sign on behalf of all officers, attach cor2orate resolution Immediately U12Ano the note nt certificates-Corporate Seal may be affixed he;reto,, Page 35 of 41 In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys' fees incurred in any post judgment proceedings to enforce any judgments in connection with this Contract Agreement. The Provision is separate and several and shall survive the merge of this Provision intoany judgmenti 24. By my signature hereunder, as Contractor, I certify that 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 thework of this Contract. 25. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of Lake Elsinore. 26. Contractors are required by law to be licensed and regulated by -the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar Contractors 1 State license Board, 3132 Bradshaw Road, Sacramento, CA 95826.. Mailing address: P.O. Box 26000, Sacramento, CA 95826. (SIGNATURE PAGE FOLLOWS) Page 36 of 41 AGREEMENT I B. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of per them wages established by the California Department of Industrial Relations. The Contractor and any agents or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages upon Public Works," all of which are made a part of the Contract documents. 19. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls, invoices of materials, records on a current basis, and recording all transactions pertaining to this Agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Lake Elsinore, County, the State of California, and the Federal Government and to any authorized representative thereof for purposes ofaudit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter period of retention,, all books, records, and supporting detail shall be retained for a period of at least three years after expiration of the term of this Agreement. 20. Pursuant to California Public Contract Code Section 22300, the Contractor w'iII be permitted the substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall include those listed in Sermon 16430 of the Government Code, bank or savings and loan certificates of deposit, interest - bearing demand deposit accounts, and standby letters of credit. The Contrdctor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty (30) days-after the Contract is awarded that it desires to substitute securities for money that would ordinarily be Withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow Contract Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, of the Public Contract Code. 21. The Contractor agrees to 'Indemnify, defend, and save the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), and the County of Riverside its offtcers, agents, and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the Contractoes employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Contract Agreement, or are caused or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees, sub- contractors or suppliers, and all expenses of investigating and defending against the same; provided, however, thAt this. indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City, RDA, and County of Riverside its -officers, agents, or employees. The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a judicial or administrative action or in arbitration, and whether the issue 1*3 between the parties or involves, one or more third parties. 22. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder Wthout prior w6tten consent of the City. 23. Should either party bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract Agreement, the prevailing party in such action shall recover in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. Page 37 of 41 A J_%n%.JREElVlENT Property Damage Insurance shall cover full replacement value for damages to any property caused directly or indirectly by or from acts or activities of the Contractor or its sub-contractors or any person acting for the Contractor or under its control or direction. The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and non-owned automotive equipment operated. Such coverage limits shall not be less than $1,0{0,000 combined single limit. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. The Contradtor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance with limits as established by the State of California. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Notices. Any notice, required to be given under this Agreement shall be in writing and either served 4 ---- personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address s et'forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City.- City of Lake Elsinore Attn.- City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Caliber Paving Company, Inc. Attn: Darin Gilchriese 673 E. Young Santa Ana, CA 92705 16. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or, materialmen for all work under the Contract pursuant to Section 3247 of the Civil Code. 17. The Contractor, the Contractoes, heirs, executors, administrators, puc:cessors, or assigns guarantee that all work performed under this Contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the- work to full compliance with the Plans and Specifications. Page 38 of 0 AGREEMENT 15. Insurance Re --guirements. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. The Contractor shall name as additional insured, the City of Lake Elsinore, the Community Redevelopment Age'ncy of the City of Lake Elsinore (RDA), and shall furnish the City with a certificate of insurance evidencing liability insurance policy or policies which shall provide coverage for owned and non-owned vi automobiles; manufacturers and Contractor's liability; broad form property damage in any case where the Contractor has any property belonging to the City in his care, custody or *control; owners and Contractors protective liability; blanket contractual liability; products and completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or trenching is done with power equipment; and shall bear .an endorsement containing the following Provisions: Solely as respect to work done by or on behalf of the named insured for the City of Lake Elsinore,, it is agreed that the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, employees and agents, are added as additional insured under this policy and the coverage provided hereunder shall be primary insurance and not contributing with any other insurance available to the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore, and the County of Riverside, its officers, employees and agents; under any third party liability policy. it is further agreed that the other insurance provision(s) of the policy are amended to conform therewith. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. Insurance companies providing insurance here under shall be rated (A minus: Vll- Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be amended or canceled by the carrier without thi rty (30) days prior written notice by certified or registered mail of amendments or cancellation to the City, except that cancellation for non-payment of premium shall require {1 g) days prior written notice by certified or registered mail. In the event the said insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. All liability insurance policies shall bear an endorsement or shall have an attached rider which provides.that the City of Lake Elsinore will be notified by certified or registered mail-at least 30 days prior tolhe effective date of cancellation, non- renewal, or material alteration of such policy. All liability insurance shall cover comprehensive general liability for both bodily injury (Including death) and 1. - property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum II*mfts* re ate Each,-'Pe' Each Qccttrr6n ' .. ..rson 'g $500,000.00 $1 t0001000.00 $21000)000.00 $1,000,000.00 00000.00 pro a per, A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability. Page 39 of 41 AGREEMENT I-V%4;p d-- Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successo+l*n-interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights. 10. Interests of Contractor. Contractor (including principals, associates and professio-naf employees) covenants and represents that it does not now have any investment or Interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or Investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. -11. Ability of Contractor. City has relied upon the experience and training of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skill6d personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractor in Contractors field of expertise. 12. Corn Nance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. -13. licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, 41 ' 00 insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor, including but not limited to, a City business license. 140 Inderriity. Contractorshall Indemnify and hold the City, its officers, employees, and agents free and harmless from any liability whatsoever, including wrongful death, based or asserted upon act or omission of the Agreement or, its employees, subcontractors, and agents relating toor in anyway connected with the accomplishment of the work or performance of service under this Agreement. As part of the foregoing indemnity, the Agreement or agrees to protect and defend at Contractor's own expense, including attorney fees, the City, its offices, agents, and employees in any legal action based upon any such alleged acts or omission. Page 40 of 41 AGREEMENT 2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall continue for a period of one year and may be extended. for two (2) consecutive one- year extensions upon the approval of the City Manager, subject to the review of the City Council. 3'. ,Cornoensati on. Compensation to be paid to Contractorshall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and Incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of P, ay Contractor shall submit monthly billings to City describing -the work performed during the preceding month. Contractor's bills shaD include a brief description of the services performed, the date the services were performed, the number of hours spent and by horn, and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff. Extra Work. At any time during the term of this Agreement, City requests that Contractor perform Extra Work. As used herein, 'Extra Work" means any work which is deterrWned by City-to be necessary but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager or his/her designee unless such work is verbally requested in conjunction with an emergency maintenance request. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. -Termination. This Agreement maybe terminated by the City or Contractorfor cause upon thirty,(30) days' written notice of termination. This contract may be terminated by the City without cause upon sixty (60) days written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. 7. Reserved. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, -or expenditures and disbursements charged to City for a minimum period of three (3) years, -or for any longer perms d required by flaw, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under # this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for Inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it *18 practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. Page 41 of 41