Access Control Camera System BID Final Packet 9.1.22
Bid No.
2022-25
Access Control &
Camera System
Upgrade Project
September 2022
P a g e | 2
SUBMITTALS:
Three (3) bound copies and one (1) electronic PDF file on a flash drive of the Bid in sealed
envelope(s) must be received by the City of Rosemead’s City Clerk’s Office by no later than
Thursday, September 29, 2022, at 10:00 a.m.
or
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids
at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than
Thursday, September 29, 2022, at 10:00 a.m.
CONTACT PERSON:
Michael Bruckner
Assistant City Manager
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2106
mbruckner@cityofrosemead.org
BIDS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT
BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE
ACCEPTED.
INQUIRIES:
Direct questions for clarification on Bid
documents to Michael Bruckner, Assistant
City Manager at
mbruckner@cityofrosemead.org or via
phone at (626) 569-2106.
MODIFICATIONS:
Any modification of this Bid will be provided
to contractors who request notification of
any modifications.
ISSUANCE DATE:
September 1, 2022
MANDATORY PRE-BID
WALKTHROUGH
September 15, 2022
WRITTEN QUESTIONS DUE:
September 19, 2022
PROPOSALS DUE:
September 29, 2022
P a g e | 3
Table of Contents
Table of Contents .......................................................................................................................................... 3
Notice Inviting Bids ....................................................................................................................................... 4
Introduction .................................................................................................................................................. 5
Background ................................................................................................................................................... 5
Current Technical Environment .................................................................................................................... 5
Project Objectives ......................................................................................................................................... 5
Scope of Work ............................................................................................................................................... 6
Evaluation Criteria ......................................................................................................................................... 6
Mandatory Pre-Bid Walkthrough .................................................................................................................. 6
Proposal Submission ..................................................................................................................................... 7
Calendar of Events ........................................................................................................................................ 7
Selection of Contractor ................................................................................................................................. 8
Permits and Fees ........................................................................................................................................... 8
Bid Guarantee (Bond) ................................................................................................................................... 8
Prevailing Wage Requirements ..................................................................................................................... 9
Signing of Bids ............................................................................................................................................... 9
Designation of Subcontractors ................................................................................................................... 10
Licensing and Registration Requirements .................................................................................................. 10
Terms and Conditions ................................................................................................................................. 10
Insurance Requirements ............................................................................................................................. 11
Contract Award ........................................................................................................................................... 12
Attachment A: Scope of Work .................................................................................................................... 12
Attachment B: Bid Forms ............................................................................................................................ 18
Attachment C: Draft Construction Agreement ........................................................................................... 25
P a g e | 4
Notice Inviting Bids
NOTICE IS HEREBY GIVEN that the City of Rosemead is accepting proposals from qualified
contractors to furnish and install an Access Control and Camera System. Bids shall be submitted
in a sealed envelope marked “Access Control and Camera System Upgrade Project” and shall be
sent to the City Clerk of the City of Rosemead, 8838 E. Valley Blvd., Rosemead, California,
91770; or an electronic proposal shall be submitted via the PlanetBids Vendor Portal at
https://pbsystem.planetbids.com/portal/54150/portal-home. Proposals are due no later than
10:00 a.m. on September 29, 2022, at which time the names of the proposers shall be public.
Copies of the Bid may be obtained from the City Clerk’s Office, City of Rosemead, 8838
E. Valley Blvd., Rosemead, California, 91770, after the contract has been awarded. Said
specifications and Bid forms are hereby referred to and incorporated herein and made a part by
reference and all Bids must comply therewith.
The City of Rosemead reserves the right to accept in whole or part or reject any and all
Bids and to waive any informalities in the Bid process, and all Bids are binding for a period of
ninety (90) days after the Bid opening and may be retained by the City for examination and
comparison, as specified in the proposal documents. The award of this contract shall be made
by the Rosemead City Council.
CITY OF ROSEMEAD
CITY MANAGER’S OFFICE
Dated: September 1, 2022
P a g e | 5
Introduction
Through this Bid and evaluation process, the City of Rosemead (“City”) is accepting qualified
contractor(s) to provide proposals to furnish, install, configure, and maintain an integrated
Access Control and Camera System (“ACCS”) at several City facilities, including all hardware and
software required for the City to operate the system. The scope of work for the ACCS is listed in
Attachment A. The City is interested in receiving responsive and competitive Bids from
experienced and qualified contractors to furnish, install, and configure a fully functional and
integrated ACCS, as well as proposals for ongoing maintenance of the system.
Background
The City of Rosemead is organized under the City Council/City Manager form of government
with five departments and approximately 55 full-time employees. The City is a cost-conscious
provider of outstanding public services to its residents and local businesses, mostly relying on
the contract services model since its incorporation in 1959.
The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown
Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the
west by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of
South San Gabriel, on the south by Montebello, plus by El Monte and South El Monte on the
east. The City is 5.5 square miles (2,344-acres) in size. Rosemead is a working-class suburb with
a diverse population base. According to the 2020 Census, the City has a population of 51,185.
Current Technical Environment
The City currently uses Brivo’s cloud-based access control solution at two (2) City facilities to
manage access control using two (2) card readers/keypads of unknown make and model. The
City currently uses the NVMS 9000 camera storage solution for ten (10) City facilities to manage
one hundred fifty (150) cameras of unknown make and model. Currently, dozens of cameras
are inoperable. The City utilizes Post Alarm for alarm services.
Project Objectives
The City is seeking Bids from qualified contractors to furnish, install, and configure an
integrated Access Control and Camera System (“ACCS”) pursuant to the requirements listed in
the Scope of Work as outlined in Attachment A, as well as proposals for the ongoing
maintenance of the system.
P a g e | 6
Scope of Work
The City requires at least sixty-two (62) access control points using a combination of card
readers/keypads at eleven (11) City facilities. The City requires at least one hundred and fifty-
six (156) high-definition cameras at twelve (12) City facilities. The City reserves the right to
add/delete card reader/keypad and camera requirements based upon feedback received from
qualified contractors, and to add additional security requirements, including hardware and
software components, as needs arise. Please see Attachment A for details.
Evaluation Criteria
A qualifying Bid must address all the following points:
1. Cover Letter
a. Project title
b. Firm name
c. Summary of key elements of the proposal
2. Firm qualifications
a. Type of organization, size, professional registration, and affiliations
b. Identify and present qualifications of key team members and partners
c. Resume of the principal individual(s) to contact for referral
d. The Bid must provide a minimum of three (3) reference accounts at which similar
work, both in scope and design, has been completed by the contractor within the
last two (2) years
3. Understanding of and approach to the project
4. Proposer should clearly address in the Bid response how each element of the Scope of Work
will be accomplished, as well as provide a project schedule
5. Summary of approach to be taken
6. Overall costs associated with the project
7. Indication of information and participation required from City staff
8. Other information that may be appropriate
Mandatory Pre-Bid Walkthrough
Each prospective contractor is responsible for fully acquainting themselves with the conditions
of the project site(s) (which may include more than one site), as well as those relating to the
construction and labor of the project, to fully understand the facilities, difficulties and
restrictions which may impact the total and adequate completion of the project.
P a g e | 7
All prospective contractors must attend a mandatory pre-Bid walkthrough on Thursday,
September 15, 2022, at 8:00 a.m. Contractors must check in at the City Clerk’s Office at
Rosemead City Hall, located at 8838 E. Valley Blvd, Rosemead, CA 91770. Contractors who do
not attend the mandatory pre-Bid walkthrough shall be deemed ineligible for award.
Proposal Submission
Hardcopy or Electronic Bid proposals will be accepted as follows:
The City must receive three (3) sets of Bid proposals from interested contractors on September
29, 2022, by 10:00 a.m. Please submit all proposals to:
Bid 2022-25: Access Control and Camera System Upgrade
ATTN: Ericka Hernandez, City Clerk
City of Rosemead | City Clerk’s Office
8858 E. Valley Blvd.
Rosemead, CA 91770
Electronic Bid Proposal Submittals:
Electronic proposal submittal through the City of Rosemead’s Vendor Portal hosted by
PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home. Proposal submittal
due date is September 29, 2022, by 10:00 a.m.
Faxed, Emailed or late Proposals will not be considered.
Calendar of Events
Below is the tentative Bid schedule, subject to change:
CALENDAR OF EVENTS DEADLINES
Bid Available 9/1/2022
Mandatory Pre-Bid Walkthrough 9/15/2022
Deadline to Submit Questions 9/19/2022
Q & A Posted on City’s Website 9/22/2022
Deadline to Submit Bid 9/29/2022
City Council Award of Contract 10/25/2022 (Tentative)
P a g e | 8
Selection of Contractor
The City Manager’s Office will review and evaluate the Bid proposals submitted based on each
responding firm’s knowledge, experience, skills, past performance, and quality of the proposal.
In addition, the following criteria will also be used in the evaluation process:
1. Demonstrated professional skills and credentials of staff to be assigned to the services.
2. Quality of previous services.
3. Overall cost and fees associated with services.
4. The contractor’s responsiveness to the requirements of the agreement as set forth in
the Bid.
5. A demonstrated understanding of the contractor’s work plan and other proposal
documents.
6. The contractor’s recent experience in successfully conducting contracts of similar scope,
complexity, and magnitude, particularly for government agencies.
7. Recent references from local clients with particular emphasis on local government.
Permits and Fees
All business licenses, permits and/or fees required by codes, ordinances, and statutes of the
State of California, the County of Los Angeles, and the City of Rosemead is the sole
responsibility of the contractor. The successful contractor will be required to obtain, at its cost,
a City of Rosemead business license before final contract approval.
Bid Guarantee (Bond)
Each Bid proposal shall be accompanied by a certified or cashier's check, Bid bond (the Bid bond
must be submitted on the form included in these Bid Documents) or equivalent substitution in
lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less
than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to
the City and shall be given as a guarantee that the Bidder will enter into the Contract described
in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond,
Payment Bond, the required insurance certificates and endorsements, and any other
certifications as may be required by the Contract. By submitting a proposal, each Bidder agrees
that its failure to enter the Contract if awarded the work or to provide the Bonds and other
information or documentation described above would result in damage to the City, and that it
P a g e | 9
would be impracticable or extremely difficult to ascertain the actual amount of that damage.
For this reason, each Bidder agrees that the Owner may retain the Bid proposal guarantee as
liquidated damages if the Bidder is awarded the work but fails or refuses to timely enter into
the Contract or to provide the Bonds and other information or documentation described above,
except as may otherwise be required by California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from
an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to
do business as such in the State of California and satisfactory to the City. In addition, the Bid
Bond must be submitted on the form furnished by the City, or one substantially in conformance
with the Owner's form if previously approved in writing by the City.
Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a
solvent national bank.
After the City has made an award to the successful Bidder, and the Bidder has signed a
Contract, submitted the necessary bonds, original insurance certificates and endorsements, and
any other certifications as may be required by the Contract, the remaining Bid guarantees shall
be returned to each particular Bidder if requested by that Bidder. If the City rejects all Bids, it
will promptly return to all Bidders their Bid guarantees
Prevailing Wage Requirements
If the total compensation under the Contract will exceed $25,000, the City will obtain from the
Director of the Department of Industrial Relations the general prevailing rate of per diem wages
in the locality in which this work is to be performed for each craft or type of worker needed to
execute the Contract. These rates are available at the Public Works Services Department of the
City upon request or may be obtained online at www.dir.ca.gov. Bidders are advised that a copy
of these rates must be posted by the successful Bidder at the job site(s).
Signing of Bids
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will
be asked to provide evidence in the form of an authenticated resolution of its Board of
Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind
the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of
Attorney executed by each joint venture or partner appointing and designating one of the joint
P a g e | 10
ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only
that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1)
authorize that particular joint venture or partner to act for and bind Bidder in all matters
relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally
liable for any and all of the duties and obligations of Bidder assumed under the Bid and under
any Contract arising therefrom. The Bid shall be executed by the designated joint venture or
partner on behalf of the joint venture or partnership in its legal name.
Designation of Subcontractors
Pursuant to state law, the Bidders must designate the name and location of each subcontractor
who will perform work or render services for the prime Bidder in an amount that exceeds one
half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each
such subcontractor will perform. Bidders must make these designations, as well as any others
requested by the Owner, on the document titled "List of Proposed Subcontractors" which has
been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the
Owner has determined that it will allow Bidders twenty-four (24) additional hours after the
deadline for submission of Bids to submit the information requested by the Owner about each
subcontractor, other than the name and location of each subcontractor.
Licensing and Registration Requirements
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the
Public Contract Code, all Bidders must possess proper licenses for performance of this Contract.
Pursuant to Section 1725.5 of the Labor Code, all Bidders must be registered with the
Department of Industrial Relations to be qualified to Bid on this Contract. Subcontractors must
possess the appropriate licenses for each specialty subcontracted and be registered with the
Department of Industrial Relations. Pursuant to Section 7028.5 of the Business and Professions
Code, the Owner shall consider any Bid submitted by a contractor not currently licensed in
accordance with state law and pursuant to the requirements found in the Bid Documents to be
nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request,
and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner
of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors,
before awarding the Contract.
Terms and Conditions
The following terms and conditions apply to this Bid:
P a g e | 11
1. Any submission of proposals received after the date and time specified in this Bid will
not be considered and will be returned unopened.
2. All material received relative to this Bid will become public information and be available
for inspection. The City reserves the right to retain all proposals submitted, whether or
not the proposal was selected or judged to be responsive.
3. Due care and diligence have been exercised in the preparation of this Bid and all
information contained herein is believed to be substantially correct; however, the
responsibility for determining the full extent of the services rests solely with those
making responses. Neither the City nor its representatives shall be responsible for any
error or omission in this response, nor for the failure on the part of the respondents to
determine the full extent of their exposures.
4. The BID does not commit the City of Rosemead to award a contract. The City reserves
the right to select a contractor from the responses received; to waive any or all
informalities and/or irregularities; to re-advertise with either an identical or revised
scope, to cancel any requirement in its entirety; or to reject any or all proposals
received. The City also reserves the right to approve any subcontractors used by
submitting contractors.
5. The City retains the right to contact any/all proposing contractors after submittal to
obtain supplemental information and/or clarification in either oral or written form.
Furthermore, an explicit provision of this Bid is that any oral communication made is not
binding on the City’s proposal process.
6. The City will not be liable for, nor pay for any costs incurred by responding firms relating
to the preparation of any proposal for this Bid.
Insurance Requirements
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner
with four identical counterparts of all required insurance certificates and endorsements as
specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in
the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current
A.M. Best’s rating of no less than A:VIII, licensed to do business in California, and satisfactory to
the Owner.
P a g e | 12
Contract Award
The final contract award will be subject to the approval of the Rosemead City Council. Please
note: the City reserves the right to award the contract in-part or in-full and to add or remove
locations and equipment based upon the City’s needs and available funding. The successful
Bidder will be notified as to the date and time of the City Council meeting so it may send a
representative to the meeting to present himself/herself to the Council and respond to
technical questions.
Attachment A: Scope of Work
The City requires at least sixty-two (62) access control points using a combination of card
readers/keypads at eleven (11) City facilities. The City requires at least one hundred fifty-six
(156) high-definition cameras at twelve (12) City facilities. The City reserves the right to
add/delete card reader/keypad and camera requirements based upon feedback received from
qualified contractors. A full list of SERVICE ADDRESSES and equipment needs are listed below.
GENERAL PROVISIONS
1. Contractor shall fully inspect and assess the current access control and camera system
environment and make recommendations in the Bid to either keep and expand the
current system or replace the system. Contractor shall provide a description of all
software and hardware systems currently used and/or being proposed in the Bid. If
possible, Contractor shall make every attempt to use existing software and hardware so
long as it is not in conflict with other requirements of this Bid.
2. Contractor shall provide all qualified and certified labor, materials, supervision,
equipment, permits, and software licenses to complete the design, installation and
maintenance of integrated access control and camera systems as well as all associated
appurtenances in compliance with the manufacturers’ guidelines throughout City
facilities and yards identified in this Bid. A list of the facilities and their locations are
provided in this document in SERVICE ADDRESSES. Knowing the equipment locations,
specifications and manufacturers’ guidelines for service is the responsibility of
Contractor.
3. Contractor, as well as any Subcontractor associated with Contractor, shall possess and
maintain a current City of Rosemead Business License.
P a g e | 13
4. The Contractor shall possess a current C-7 Contractor’s License for Low Voltage Systems.
Subcontractor shall possess those current contractor’s licenses needed for the work
performed under this Contract.
5. Contractor shall carefully examine the project sites. The execution of an Agreement by
the Contractor shall be considered evidence that the Contractor has investigated and is
satisfied as to the conditions to be encountered, the character and quality of the work
to be performed and materials to be furnished, and the requirements of all documents
referred to in this Agreement.
6. Contractor’s performance shall always present a professional image and a high standard
of quality and technical competence. Total responsibility for this is placed upon
Contractor. If a conflict occurs between “Best Management Practice” and the
specification, “Best Management Practice” shall prevail, and the City shall be notified of
any necessary changes to the specified operations/materials.
7. Contractor shall provide a baseline evaluation of units with a schedule for completion of
upgrades within 30 days of Notice to Proceed.
8. Should the City elect to acquire routine and preventive maintenance services,
Contractor shall provide a proposal detailing monthly maintenance and service fees on
all equipment and associated devices related to the access control and camera systems
at the SERVICE ADDRESSES specified within this document. The City will review these
proposals separately from the installation of the ACCS.
ACCESS CONTROL SYSTEM REQUIREMENTS
1. Access control system software shall be a best-in-class cloud-based access control
system, equal or superior to Brivo, Genetec, or Amag, with the latest technology for
data security, and is fully scalable to allow for new controlled facilities over time. Low
cost of ownership, ease of management, robustness, and system reliability will be
critical factors in the evaluation process. A system with mobile application access is
desirable. Contractor shall provide software licenses.
2. For this Bid, the access control systems will include integration or upgrade of the
existing access controls in those sites detailed in the SERVICE ADDRESSES. The City
reserves the right to increase or decrease the number of City facilities, systems, and
equipment within those City facilities upon award of contract.
P a g e | 14
3. All exterior and interior building doors identified in the SERVICE ADDRESSES must be
secured and locked/unlocked by the Access Control System as required by the City.
4. Access controls hardware shall be furnished and installed by Contractor at the SERVICE
ADDRESSES listed below and shall include, but not be limited to:
a. Control Panel
b. Proximity Reader
c. Power Supply
d. Back-up Batteries
e. Electrified Panic Bar/Automatic Locking as needed
f. Wire, Wire Mold, Connectors, etc.
g. Network Connections
h. Programming and Testing
i. All other wires, boxes, cables, connectors, or other as required.
5. Contractor to provide warranty for Parts and Labor
6. Contractor will provide up to 20 hours of staff training, which will include group and
individual sessions.
7. Contractor to furnish and install gate motors, stanchions, and all other appurtenances
required for specified facilities.
CAMERA SYSTEM REQUIREMENTS
1. Contractor shall furnish and install a best-in-class cloud-based camera control system,
equal or superior to Brivo, Genetec, or Amag, with the latest technology for data
security, fully scalable to allow for new controlled facilities over time, and is accessible
through a single user interface to access cameras at all City facilities. A system with
mobile application access is desirable.
2. Camera hardware shall be furnished and installed by Contractor at the SERVICE
ADDRESSES listed below and shall include, but not be limited to:
P a g e | 15
a. Cameras shall be High Definition (HD), 1080P or better, all-weather (for external
cameras only), well connected, correctly focused, and configured for maximum
and optimal coverage, including night vision recording where appropriate.
Angles shall be site appropriate as required by the City. Lens zooming shall be in
accordance with camera specifications. Contractor shall provide software
licenses.
b. Cameras shall be suitable for each location/application and shall be compatible
with the following protocols: L2TP, IPv4, IGMP, ICMP, ARP, TCP, UDP, DHCP, PoE,
RTP, RTSP, RTCP, DNS, DDNS, NTP, FTP, UPnP, HTTP, HTTPS, SMTP, SIP, 802.1x.
All replacement cameras shall have night vision capabilities, motion activation,
be8MB or greater and be PoE capable.
3. Contractor shall provide all supporting switches, boxes, ethernet cables (CAT5E or
better), connectors, brackets, fittings, clamps, bolts and towers and check for signs of
corrosion and damage at existing locations. Contractor shall make repairs or
replacements as needed.
4. Contractor shall inspect the physical condition of cameras and housings for signs of
deterioration due to rain, dust, and dirt. Contractor shall make repairs or replacements
as needed.
5. Where required, Contractor shall furnish, install, and configure camera monitors
including all appurtenances at specified facilities.
VIDEO/NVR DIGITAL VIDEO RECORDING DEVICES
1. The video recording and storage system shall be an approved system, equal or superior
to Hunt or Avigilon with sufficient video inputs for all cameras at all facilities.
2. NVR shall have redundant power supplies.
3. NVRs shall be well connected and configured for optimal recording experience.
Configure motion based or continuous recording options. Data is recorded and stacked
so that new data is never overwritten, and searchable by date, time, and location.
4. NVR shall be compatible with camera control software where applicable.
ADDITIONAL PROPOSAL FOR ONGOING MAINTENANCE
1. Contractor is requested to provide a separate proposal for ongoing maintenance of the
ACCS, if applicable to the Contractors work, that will be awarded separately from the
P a g e | 16
installation of the ACCS. Contractor to is requested to provide a separate proposal for
ongoing maintenance that includes the following services:
a. Visually inspect all major components (including cabling and connections where
accessible) for signs of deterioration or damage and rectify as necessary on call
as needed.
b. Customer Support: Twenty-four (24)-hours a day, 365 days a year, support from
both engineers and technicians.
c. Contractor shall perform complete maintenance of mechanical components,
digital Network controls/components, design, installation and maintenance of
security alarms, access controls, intercom systems, monitoring and camera
systems and all associated appurtenances for all facilities locations.
d. Contractor shall always maintain all equipment in good working order.
Contractor shall assure that all equipment is maintained in a satisfactory
condition and capable of providing the designed service with required system
performance and reliability.
e. Contractor shall, during the service Contract, advise and assist in the design of
systems for City Facilities as needed and as determined by the City
representative.
f. Contractor is responsible to provide any additional material or labor necessary to
make the access controls camera systems installation complete and operable,
upon approval by City representative.
P a g e | 17
SERVICE ADDRESSES
Access Control Camera System
# Facility Address Existing Proposed
Gate
Motor Existing Proposed
1 Garvey Park & Main Office 7933 Emerson Pl 0 3 n/a 12 12
2 Garvey Gymnasium 7954 Dorothy Ave 0 2 n/a 6 6
3 Splash Zone at Garvey Park 3233 Kelburn Ave 0 1 n/a 8 8
4 Garvey Community Center 9108 Garvey Ave 0 5 n/a 32 32
5 Rosemead Park Play School 4343 Encinita Ave 0 3 n/a 6 6
6 Rosemead Aquatic Center 9155 E Mission Dr 0 2 n/a 6 6
7 Rosemead Skate Park 9155 E Mission Dr 0 0 n/a 0 6
8 Rosemead Park Yard 9101 Mission Ave 0 9 n/a 15 15
9 Rosemead Corporation Yard 2714 River Ave 0 6 1 24 24
10 City Hall 8838 E Valley Blvd 1 24 n/a 15 15
11 Rosemead Community Center 3936 N Muscatel 0 4 n/a 13 13
12 Public Safety Center 8301 Garvey Ave 1 3 n/a 13 13
Estimated TOTAL 2 62 1 150 156
P a g e | 18
Attachment B: Bid Forms
PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the
bidder hereby declares under penalty of perjury under the laws of the State of California that
the bidder has ___ , has not ___ been convicted within the preceding three years of any
offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy,
or any other act in violation of any state or Federal antitrust law in connection with the bidding
upon, award of, or performance of, any public works contract, as defined in Public Contract
Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100,
including the Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer, director,
responsible managing officer, or responsible managing employee thereof, as referred to in
Section 10285.1.
Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces
provided. The above Statement is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Statement. Bidders are cautioned that
making a false certification may subject the certifier to criminal prosecution.
P a g e | 19
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary
interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding
on, or completing a federal, state, or local government project because of a violation of law or a
safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
As further discussed in the Instructions to Bidders, Bidder will be required to
provide evidence that the person signing on behalf of the corporation,
partnership or joint venture has the authority to do so.
P a g e | 20
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under
penalty of perjury, that no more than one final unappealable finding of contempt of court by a
federal court has been issued against the Contractor within the immediately preceding two-
year period because of the Contractor's failure to comply with an order of a federal court which
orders the Contractor to comply with an order of the National Labor Relations Board
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire. Bidders are cautioned that making a false certification may subject the certifier
to criminal prosecution.
By: _____________________________ _____________________________
Signature Business Street Address
_____________________________ _____________________________
Type or Print Name City, State and Zip Code
_____________________________ _____________________________
Title Telephone Number
Bidder's/Contractor's State of Incorporation: _____________________________
Partners or Joint Venturers:
__________________________________________
__________________________________________
__________________________________________
Bidder’s License Number(s): __________________________________________
Department Industrial Relations
Registered No. ___________________________________________
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the
representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers.
P a g e | 21
Bidder shall submit its Bid data in accordance with the format shown on each of the following
Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately
provide the information required. Bidder shall ensure that every page of its Bid Data Forms are
properly identified with the Bidder's name and page number.
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT __________________________________________________________, as Principal, and
____________________________________________________
______________________________, as Surety, are held firmly bound unto the CITY OF
ROSEMEAD (hereinafter called the OWNER) in the sum of
__________________________________________________________________
________________________________________________________DOLLARS
($______________________), being not less than ten percent (10%) of the Total Bid Price; for
the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for
the ACCESS CONTROL AND CAMERA SYSTEM UPGRADE PROJECT as set forth in the Notice
Inviting Bids and accompanying Bid Documents, dated ______________________.
NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and,
within the time and in the manner required by the above- referenced Bid Documents, enters
into the written form of Contract bound with said Bid Documents, furnishes the required bonds
(one to guarantee faithful performance and the other to guarantee payment for labor and
materials) furnishes the required insurance certificates and endorsements, and furnishes any
other certifications as may be required by the Contract, then this obligation shall be null and
void; otherwise it shall remain in full force and effect. In the event suit is brought upon this
bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the
OWNER in such suit, including reasonable attorneys' fees to be fixed by the court.
SIGNED AND SEALED, this _______ day of __________________, 20____.
_______________________________(SEAL) ___________________________(SEAL)
Principal Surety
By: ________________________ By: ____________________________
Signature Signature
P a g e | 22
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100
through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder
shall provide the information requested below for each subcontractor who will perform work,
labor or render service to Bidder in or about the construction of the Work in an amount in
excess of one half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the
case of bids or offers for the construction of streets or highways, including bridges, in excess of
one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever
is greater, and shall further set forth the portion of the Work which will be done by each
subcontractor. Bidder shall list only one subcontractor for any one portion of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit
the information requested by the Owner about each subcontractor, other than the name and
location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under
the Contract, it shall be deemed to have agreed to perform such portion itself and shall not be
permitted to subcontract that portion of the Work except under the conditions hereinafter set
forth below.
Subletting or subcontracting of any portion of the Work in excess of one half of one percent
(greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of
streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's
total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor
was designated in the original bid shall only be permitted in cases of public emergency or
necessity, and then only after Owner approval.
P a g e | 23
LIST OF PROPOSED SUBCONTRACTORS (continued)
[**Duplicate Next 2 Pages if needed for listing additional subcontractors.**]
Name of Subcontractor ______________________ Address __________________________________
License No. ________________________________
DIR Registration No. ________________________
Description of Work to be Subcontracted:
Name of Subcontractor ______________________ Address __________________________________
License No. ________________________________
DIR Registration No. ________________________
Description of Work to be Subcontracted:
Name of Subcontractor ______________________ Address __________________________________
License No. ________________________________
DIR Registration No. ________________________
Description of Work to be Subcontracted:
Name of Subcontractor ______________________ Address __________________________________
License No. ________________________________
DIR Registration No. ________________________
Description of Work to be Subcontracted:
P a g e | 24
REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for
which BIDDER has performed similar work within the past two (2) years:
1. ______________________________________________________________________________
Name and Address of Owner
______________________________________________________________________________
Name and telephone number of person familiar with project
______________________________________________________________________________
Contract amount Type of Work Date Completed
2. ______________________________________________________________________________
Name and Address of Owner
______________________________________________________________________________
Name and telephone number of person familiar with project
______________________________________________________________________________
Contract amount Type of Work Date Completed
3. ______________________________________________________________________________
Name and Address of Owner
______________________________________________________________________________
Name and telephone number of person familiar with project
______________________________________________________________________________
Contract amount Type of Work Date Completed
4. ______________________________________________________________________________
Name and Address of Owner
______________________________________________________________________________
Name and telephone number of person familiar with project
______________________________________________________________________________
Contract amount Type of Work Date Completed
P a g e | 25
NON-COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn,
deposes and says that he or she holds the position listed below with the bidder, the party
making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
_______________________________
Signature
_______________________________
Typed or Printed Name
_______________________________
Title
_______________________________
Bidder
Subscribed and sworn before me
This ____ day of _______________________, 20____
(Seal)
_____________________________
Notary Public in and for
the State of California
My Commission Expires: ______________
CONSTRUCTION CONTRACT
ACCESS CONTROL & CAMERA SYSTEM UPGRADE PROJET
(COMPANY NAME)
1.PARTIES AND DATE
This Contract is made and entered into this ______ day of ______________, 20____
(Effective Date) by and between the City of Rosemead, a municipal corporation of the State
of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, (“City”) and
COMPANY NAME with its principal place of business at COMPANY ADDRESS (hereinafter
referred to as “Contractor”). City and Contractor are sometimes individually referred to as
“Party” and collectively as “Parties” in this Contract.
2.RECITALS
2.1 Contractor
Contractor desires to perform and assume responsibility for the ACCESS CONTROL
& CAMERA SYSTEM UPGRADE PROJECT by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is experienced in providing such work
services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the Services in the State of California, and that is familiar
with the plans of City.
2.2 Project
City desires to engage Contractor to render such services described herein as Project
(“Project”) as set forth in this Contract.
3.TERMS
3.1 Scope of Services and Term
3.1.1 General Scope of Services. Contractor promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional construction services necessary
for the Project (“Services”). The Services are more particularly described in Exhibit “A”
attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Contract, the exhibits attached hereto and incorporated
Attachment C: Draft Construction Agreement
Company Name
Page 2 of 11
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Contract shall be from Effective Date shown
above to Month, Date and Year unless earlier terminated as provided herein. Contractor
shall complete the Services within the term of this Contract, and shall meet any other
established schedules and deadlines. The Parties may, by mutual, written consent, extend
the term of this Contract if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Contract. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Contract. Any additional personnel performing the Services
under this Contract on behalf of Contractor shall also not be employees of City and shall at
all times be under Contractor’s exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their performance
of Services under this Contract and as required by law. Contractor shall be responsible for
all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance,
and workers’ compensation insurance.
3.2.2 Schedule of Services: Contractor shall perform the Services
expeditiously, within the term of this Contract, and within the schedules timeline. Contractor
represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Contractor’s
conformance with the Schedule, City shall respond to Contractor’s submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the City Manager,
Ben Kim, or his designee, to act as its representative for the performance of this Contract
(“City’s Representative”). City’s Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Contractor shall not accept direction or orders from
any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Project
Manager, or his designee, to act as its representative for the performance of this Contract
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Contract. The
Contractor’s Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Company Name
Page 3 of 11
Contract.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Contract in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License if
applicable, and that such licenses and approvals shall be maintained throughout the term of
this Contract. As provided for in the indemnification provisions of this Contract, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor’s
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state aind federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
Company Name
Page 4 of 11
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on “public
works” and “maintenance” projects. If the Services are being performed as part of an
applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws,
and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Contract. Contractor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Contractor’s principal place of business and at the project site.
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.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and
in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically
requested by City, Contractor shall execute and provide to City concurrently with this
Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated
in this Contract, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days
prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
bonds required by this Section are accepted by the City. To the extent, if any, that the total
compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
Company Name
Page 5 of 11
promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Contract (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time, terms, or conditions of payment to the Contractor, will release the
surety. If the Contractor fails to furnish any required bond, the City may terminate this
Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating
no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing
bonds does not meet these requirements, the insurer will be considered qualified if it is in
conformance with Section 995.660 of the California Code of Civil Procedure, and proof of
such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed Dollar Amount
in Word Format Dollars (Numerical) without advance written approval of City’s project
manager. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Contract.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement that indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days after receiving
such statement, review the statement and pay all approved charges. The payments will be
subject to a 5% retention amount, which would be released and paid after all work under the
Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed
with the County of Los Angeles.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Contract, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work
that is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City’s Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
Company Name
Page 6 of 11
records and any other documents created pursuant to this Contract. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Contract
for a period of three (3) years from the date of final payment under this Contract.
3.5 General Provisions.
3.5.1 Termination of Contract.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Contract at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services that have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Contract except for cause.
3.5.1.2 Effect of Termination. If this Contract is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Contract. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Contract is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Contract
shall be given to the respective parties at the following address, or at such other address as
the respective parties may provide in writing for this purpose:
CONTRACTOR:
Company Name
Address
City, State, Zip Code
Attn: Project Manager’s Name
Tel: (000) 000-0000
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Ben Kim, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
Company Name
Page 7 of 11
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Contract.
3.5.4 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Contract, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Contractor shall reimburse City and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by the City, its directors, officials, officers, employees, agents or volunteers.
3.5.6 Entire Contract. This Contract contains the entire Contract of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations and
understandings. This Contract may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Contract shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Contract.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Contract shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Contract or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
Company Name
Page 8 of 11
attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days
and not workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Contract.
3.5.13 Amendment; Modification. No supplement, modification, or amendment
of this Contract shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, City shall have the right to rescind this
Contract without liability. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Contract, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that
Company Name
Page 9 of 11
it is aware of the provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Worker’s Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Contract. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Contract. Each
Party warrants that the individuals who have signed this Contract have the legal power, right,
and authority to make this Contract and bind each respective Party.
3.5.21 Counterparts. This Contract may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Contract, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Contract.
[SIGNATURES ON NEXT PAGE]
Company Name
Page 10 of 11
CITY OF ROSEMEAD COMPANY NAME
________________________ _______ By:____________________ ________
Ben Kim, City Manager Date Signature Date
Name:
Print
Attest:
Title:
________________________ _______
Ericka Hernandez, City Clerk Date
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
Approved as to Form:
By: _
________________________ _______
Rachel Richman, City Clerk Date Name:___________________________
Title:
Company Name
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
Company Name
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Contractor agrees to amend, supplement or endorse the
existing coverage to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this Contract and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00
01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate,
for bodily injury, personal injury, and property damage, and a $2,000,000 completed
operations aggregate. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least
as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non-owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation
Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least
$1,000,000) for Contractor ’s employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Contractor shall require each
subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s
Liability Insurance in accordance with the laws of the State of California, Section 3700 for
all of the subcontractor’s employees.
Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain
an umbrella or excess liability insurance policy that will provide bodily injury, personal injury
and property damage liability coverage at least as broad as the primary coverages set forth
above, including commercial general liability, automobile liability, and employer’s liability.
Such policy or policies shall include the following terms and conditions: Contractor shall
obtain and maintain an umbrella or excess liability insurance policy that will provide bodily
injury, personal injury and property damage liability coverage at least as broad as the
primary coverages set forth above, including commercial general liability, automobile
liability, and employer’s liability. Such policy or policies shall include the following terms and
conditions:
Company Name
• A drop down feature requiring the policy to respond in the event that any
primary insurance that would otherwise have applied proves to be uncollectable in
whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall “follow form” to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
Builder’s risk insurance. Upon commencement of construction and with approval of Agency,
Contractor shall obtain and maintain builder’s risk insurance for the entire duration of the
Project until only the Agency has an insurable interest. The Builder’s Risk coverage shall
include the coverages as specified below.
The named insureds shall be Contractor and Agency, including its officers, officials,
employees, and agents. All Subcontractors (excluding those solely responsible for design
Work) of any tier and suppliers shall be included as additional insureds as their interests
may appear. Contractor shall not be required to maintain property insurance for any portion
of the Project following transfer of control thereof to Agency. The policy shall contain a
provision that all proceeds from the builder’s risk policy shall be made payable to the
Agency. The Agency will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed value
of the project. There shall be no coinsurance penalty or provisional limit provision in any
such policy. Policy must include: (1) coverage for any ensuing loss from faulty
workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2)
coverage against machinery accidents and operational testing; (3) coverage for removal of
debris, and insuring the buildings, structures, machinery, equipment, materials, facilities,
fixtures and all other properties constituting a part of the Project; (4) Ordinance or law
coverage for contingent rebuilding, demolition, and increased costs of construction; (5)
transit coverage (unless insured by the supplier or receiving contractor), with sub-limits
sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine
cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with
sub-limits sufficient to insure the full replacement value of any property or equipment stored
either on or off the Site or any staging area. Such insurance shall be on a form acceptable
to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency
prior to commencement of construction.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party General liability policies
shall provide or be endorsed to provide that Agency and its officers, officials,
employees, agents, and volunteers shall be additional insurer under such policies
Company Name
using standard ISO endorsement No. CG 2010. . Contractor also agrees to require
all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall prohibit
Contractor, or Contractor’s employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable
to this Contract are intended to apply to the full extent of the policies. Nothing
contained in this Contract or any other Contract relating to the City or its operations
limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City’s protection without City’s prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverage required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to City at or
prior to the execution of this Contract. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and
no replacement coverage is provided, City has the right, but not the duty, to obtain
any insurance it deems necessary to protect its interests under this or any other
Contract and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Contractor or deducted from sums due Contractor, at City
option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
“endeavor” (as opposed to being required) to comply with the requirements of the
certificate.
Company Name
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply first
and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all Contracts with subcontractors and others
engaged in the project will be submitted to City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this Contract to self-insure its obligations to City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Contractor ninety (90) days
advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Contract will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of
City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
Company Name
shall be submitted prior to expiration. A coverage binder or letter from Contractor’s
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City within five days of the expiration
of the coverage.
17. The provisions of any workers’ compensation or similar act will not limit the
obligations of Contractor under this Contract. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Contract and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Contract to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this Contract. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Contract. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.