City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council authorize the release of a Request for Proposals
(RFP) for Truck Scale System Replacement and Pit Signal Indicator System
Enhancement at Culver City Solid Waste and Recycling Transfer Station located at
9255 Jefferson Boulevard.
BACKGROUND:
The City owns and operates a solid waste transfer station at 9255 Jefferson
Boulevard. Solid Waste and recycling collected by City Public Works
Department/Sanitation Division trucks is transferred to tractor/trailer transfer trucks
at the facility for transit to area recycling centers or landfills. Roll-off service, green
waste processing, recycled material handling, and all other Refuse and Recycling
Division functions are based at this facility.
The transfer station is a two-story reinforced concrete structure. City Sanitation
collection trucks dump their loads on the upper level tipping floor, and tractor loaders
push the material through two openings (pits) in the tipping floor into transfer trucks
parked in the “slot” on the lower level. One pit is generally used for trash, and the
other is used for recycling. Transfer trucks are weighed as they are loaded to
assure they do not exceed legal maximum axle loads per the California Vehicle
Code. The current system consists of two axle scale pairs under each pit. Axle
loads are displayed to equipment operators on the upper tipping floor.
Meeting Date: 05/27/2014 Item Number: C-8
CITY COUNCIL AGENDA ITEM: Authorization to Release a Request for Proposals
for Truck Scale System Replacement and Pit Signal Indicator System
Enhancement at Culver City Solid Waste and Recycling Transfer Station Located at
9255 Jefferson Boulevard
Contact Person/Dept.: Steven Finton/PW
Damian Skinner
Phone Number: 310-253-6457
(310) 253-6421
Fiscal Impact: Yes [X] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
(via electronic link)
Commission Action Required: Yes [] No [X] Date: ________________
Public Notification: (E-Mail) Agenda and Meetings – City Council (5/21/14); (E-Mail)
Ongoing Topics - Sustainability and Environmental Issues (5/21/14)
Department Approval:
Charles D. Herbertson (05/20/14)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/20/14)
Chief Financial Officer Review:
Jeff Muir (by M. Noller) (05/21/14)
City Manager Approval:
John M. Nachbar (05/21/14) City of Culver City, California
Agenda Item Report
DISCUSSION:
Scale System
The existing axle scale system is deteriorated and at the end of its useful life.
Required maintenance is frequent and costly, and calibrations made to the scales do
not last because of persistent mechanical failures. The scale system was installed
when the Transfer Station was built in the early 1980s.
Presently, trucks are weighed by four separate scales each 30” wide and 7’ long.
The scales are placed side by side separated by the width of the truck axle. Debris
gets caught in the scales during loading, and critical electrical cable leads are
vulnerable and damaged frequently. Replacement of the scales is recommended to
reduce maintenance costs and improve dependability. The replacement scales
would be longer and wider than the existing scales, and all critical components
would be placed internally and protected from damage. The new scales would span
the width of the slot which will facilitate cleaning significantly.
Pit Signal Indicator System
Communication between transfer truck drivers and tipping floor staff is not efficient.
Staff must look into the pit to verify that a truck is in position and ready to be loaded.
Transfer truck drivers and tipping floor staff must rely on yelling or honking to verify a
truck is loaded and ready to depart. Background noise at the Transfer Station
makes communication difficult. A signal system exists on the east pit, but is not used
consistently due to its configuration. It is recommended that an enhanced pit
indicator be installed on the east pit, and a new indicator system be installed on the
west pit. The system would be composed of a red light/green light system visible to
tipping floor staff and transfer truck drivers. This would enhance safety and
efficiency of loading operations.
Culver City Municipal Code Sections 3.07.085 provides exemption from the formal
bidding process for Professional and Personal Services and requires the award of
the contract based upon competitive quotations, whenever practicable, as
determined by the City Manager. Per Section 3.07.085.B.5, this project falls under
the category of personal services, which includes the repair and maintenance of
City-owned equipment or machinery. Therefore, an informal bidding process is
proposed consisting of the release of a Request for Proposals to make the needed
repairs and replacements.
FISCAL ANALYSIS:
The estimated cost of the proposed improvements is $150,000. Funding is available
in the Fiscal Year 2013/2014Capital Improvement Program, Refuse Improvements,
Project No. PZ-948, Transfer Station Improvements
(Account No. 20280000.730100.PZ948).
City of Culver City, California
Agenda Item Report
ATTACHMENT:
The RFP is available at the following link:
http://www.culvercity.org/en/Government/PublicWorks/CouncilItems.aspx
MOTIONS:
That the City Council:
Authorize the release of a Request for Proposals for Truck Scale System
Replacement and Pit Signal Indicator System Enhancement at the Culver City
Solid Waste and Recycling Transfer Station Located at 9255 Jefferson
Boulevard.
Request For Proposals- Bid#1546
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Request For Proposals- Culver City Transfer Station Axle Scale System Replacement and Pit Indicator Enhancement, Bid#1546
NOTICE INVITING BIDS
------------------------------------------------------------------
BID # 1546
Notice is hereby given that sealed proposals will be received by the City of Culver City, California, for
furnishing the following:
CULVER CITY TRANSFER STATION AXLE SCALE SYSTEM REPLACEMENT
AND PIT INDICATOR ENHANCEMENT
in strict accordance with the Specifications on file in the office of the CULVER CITY PURCHASING
DIVISION, 4343 Duquesne Avenue, Culver City, California, 90232. Copies of specifications and proposal
documents may be obtained from the City’s website at www.culvercity.org/Services/BidNotices.aspx.
One original, one electronic, and three copies of the proposal must be submitted to the CITY CLERK in a
sealed envelope at CITY HALL, 9770 Culver Boulevard, Culver City, California, 90232, not later than 3:00
p.m. on Thursday, July 10, 2014, at which time they will be publicly opened in the Council Chambers on
the first floor of City Hall. Facsimile proposals will not be accepted. Any bidder may withdraw his
proposal, without obligation, at any time prior to the scheduled closing time for receipt of proposals. A
withdrawal will not be effective unless made personally or by telephonic notification received prior to the
closing date. Proposals may later be referred to the City Council for appropriate action. The City
reserves the right to reject any or all proposals as the best interests of the City may dictate.
By: ____________________________________
Martin Cole, City Clerk
Published in The Culver City News on May 29, 2014.
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REQUEST FOR PROPOSAL (RFP)
For
CULVER CITY TRANSFER STATION AXLE SCALE SYSTEM
REPLACEMENT AND PIT INDICATOR ENHANCEMENT
BID #1546
City of Culver City
Public Works Department
May 2014
Mandatory Pre-Proposal Meeting: June 11, 2014, 10:00 AM at Transfer Station
Proposals Due: Thursday, July 10, 2014, 3:00 PM
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CULVER CITY TRANSFER STATION AXLE SCALE SYSTEM
REPLACEMENT AND PIT INDICATOR ENHANCEMENT
BID #1546
I. REQUEST SUMMARY
The City of Culver City is seeking proposals from contractors to replace the existing axle
scale system that weighs transfer trucks as they are being loaded with municipal solid
waste and recycling materials at the Culver City Transfer Station located at 9255
Jefferson Boulevard. The City wishes to also enhance a pit signal indicator system that
indicates when transfer trucks are in position and ready to be loaded and when the
trucks are loaded and ready to depart.
II. INTRODUCTION
A. Community Profile
The City of Culver City is a charter city incorporated in 1917. The City is governed
by a five-member City Council whose members are elected at large and operates
under a Council/City Manager form of government.
Culver City is a full-service city located in the western area of Los Angeles County,
generally situated north of Los Angeles International Airport, southeast of Santa
Monica, south of Beverly Hills and southwest of West Hollywood. The City is
approximately five square miles with a residential population of approximately
40,000.
B. Background
The City owns and operates a solid waste transfer station at 9255 Jefferson
Boulevard (see Site Aerial Photo Fig. A). Solid Waste collected by City Sanitation
Division trucks is transferred to tractor/trailer transfer trucks at the facility for ultimate
disposal at area landfills. Roll-off service, green waste processing, recycled material
handling and all other Sanitation Division functions are based at this facility.
The transfer station is a two-story reinforced concrete structure. Sanitation Division
collection trucks dump their loads on the upper level tipping floor and a wheel loader
pushes the material through an opening (pit) in the tipping floor into transfer trucks
parked in the “slot” on the lower level (see Figs. B and C). There is a single slot with
two pits in tandem. One pit is generally for trash and the other is for recycling.
Transfer trucks are weighed as they are being loaded to assure they do not exceed
legal weight. The current system consists of two loading pits with two tandem axle
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scale pairs under each pit (see photo Fig D and Attachment 1). Weights are
displayed on four remote displays visible to equipment operators on the upper
tipping floor (see Fig. E). Vertical clearance from the transfer truck to the concrete
structure above is an issue at the facility. Clearance from trailer to the ceiling is
approximately 4.5” with the truck suspension lowered as much as possible (see
photo Fig. E). Figures A through F are provided below.
Fig. A – Site Aerial Photo
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Fig B.- Tipping Floor and Pits
Fig C.- Transfer Operations
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Fig D – Existing Axle Scales
Fig. E – Limited Clearance
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Fig. F – Remote Displays
C Problem to be Resolved and Solution to Problem
Problem 1: The existing axle scale system is deteriorated and requires excessive
maintenance. Calibration of the scales is difficult and confidence in weighing
accuracy is low.
Solution: Replace existing scale system with a new scale system throughout.
Problem 2: The City plans to install a new scale software system and the existing
system cannot be integrated into the new system due to a lack of physical
connectivity.
Solution: Install conduits and data cable from the scale system to the transfer
station office.
Problem 3: Transfer truck drivers and tipping floor staff cannot communicate. Staff
must look into the pit to verify that a truck is in position and ready to be loaded.
Conversely, transfer truck drivers and tipping floor staff must rely on yelling or
honking to verify a truck is loaded and ready to depart. Background noise at the
station makes this difficult. An existing signal system exists on the east pit, but is not
used consistently due to its configuration.
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Solution: Enhance existing pit indicator on the east pit and install a new indicator
system on the west pit and include remote control of tipping floor switches by
wheel loader operator.
D. General RFP Submittal Information
The City’s designated staff will evaluate proposals received.
During the review process, the City reserves the right, where it may serve the City’s
best interest, to request additional information or clarification from those that submit
proposals, or allow corrections of errors or omissions. Any and all changes in the
RFP will be made by written addendum, which shall be issued by the City to all
prospective bidders who have been issued or obtained copies of the RFP from the
City’s website.
The City reserves the right to retain all proposals submitted. Submission of a
proposal indicates the firm’s acceptance of the conditions contained in this request
for proposals, unless clearly and specifically noted in the proposal submitted and
confirmed in the contract between the City and the contractor selected.
The preparation of the RFP will be at the total expense of the Proposer. There is no
expressed or implied obligation for the City to reimburse responding proposers for
any expense incurred in the preparation of proposals in response to this request. All
proposals submitted to the City shall become properties of the City and will not be
returned.
The City reserves the right to reject any or all proposals, in whole or part, to waive
any informality in any proposal, and to accept the proposal which, in its discretion, is
in the best interest of the City.
To be considered, proposers must send one original, one electronic, and three (3)
hard copies of their proposal in a sealed envelope with the name of the company
submitting the proposal and the title of “Culver City Transfer Station Axle Scale
System Replacement” to:
City of Culver City
City Clerk
9770 Culver Blvd.
Culver City, Ca. 90232
For a complete list of the City’s RFP submittal terms and conditions, legal
statements, and insurance requirements, please refer to Attachments 6 and 7
attached hereto.
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E. RFP Questions
Questions with regard to this RFP should be submitted by e-mail to Steven Finton,
Senior Civil Engineer, at steven.finton@culvercity.org. All firms will receive
responses to all questions and any other addenda that may be released via e-mail
according to the schedule indicated below.
F. Schedule
The City reserves the right to make changes to the below schedule, but plans to
adhere to the implementation of this bid process as follows:
RFP released: May 26, 2014
Mandatory Pre-Proposal meeting: June 11, 2014, 10 AM at Transfer Sta.
Deadline for submitting questions: June 19, 2014
Response to questions: June 26, 2014
Proposals due: July 10, 2014
III. SCOPE OF SERVICES
3.1. SCALE SYSTEM Contractor shall remove the existing axle scale system
completely and install a new axle scale system according to the following:
3.1.1. Demolition - Remove and dispose of existing axle scales (8 each),
junction boxes, indicator units, wires, cables, fixtures and conduit.
3.1.2. Remote Displays - Protect existing remote displays in place or
remove and relocate as needed.
3.1.3. Electrical Circuit - Modify current electrical circuit to provide
electrical power to the new scale system in compliance with code
under a no-fee City electrical permit to be secured by the
contractor. Presently, the scale system is receiving electrical power
through electrical cords in conduit that are plugged into outlets on
the north wall of the upper level. The contractor shall verify the
scope of the electrical modification required.
3.1.4. Axle Scales - Install all new axle scales, junction boxes, conduits,
indicator units, wiring and cabling and reconnect to existing to
existing remote displays. The components of the scale system shall
conform to the following and as further specified in Attachments 1
through 4:
3.1.4.a. Four (4) new axle scales shall be provided.
3.1.4.b. Each of the four (4) scales shall have a clear and
unobstructed weighing surface of not less than 10 feet long
and 10 feet wide with remaining space between the scales
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and the existing concrete curb filled flush as shown on
Attachment 2 with a metal filler piece with provisions to
prevent debris from falling below the surface of the scale.
3.1.4.c. Alternative 1 - Each axle scale shall have two full-width
ramps, minimum five (5) feet long and ten (10) feet wide
minimum (one mounting ramp and one dismounting ramp
for each scale). A total of eight (8) ramps shall be provided.
(see Attachment 3)
3.1.4.d. Alternative 2 – Spacer modules of the same profile as
proposed scales shall be placed between axle scales to
bridge from scale to scale. Spacer modules shall be of
similar manufacture as the scales proposed. Two (2)
ramps shall be provided minimum five (5) feet long and ten
(10) feet wide minimum (one mounting ramp and one
dismounting ramp). A total of two (2) ramps shall be
provided. An access opening (min. 16”x16”) shall be
provided through the surface of the spacer module as
needed to provide access to an existing floor drain. (see
Attachment 4)
3.1.4.e. The scales, ramps and/or spacer modules shall not exceed
6” inches in height, measured from the top of the scale to
the surface of the concrete floor. Profile milling as
described below may be required, but may be omitted if the
proposed scale system has a low enough profile to avoid
extending higher than the existing scales.
3.1.4.f. All scales, ramps, and/or spacer modules installed shall be
permanently sealed along all edges and joins including the
join with the concrete slab to prevent dirt, trash, debris of
any kind from entering any enclosed space.
3.1.4.g. Scales shall be affixed to the concrete floor such that both
tandem axles of existing transfer vehicles will be fully on
the weighing surfaces and centered on the scales when
the truck is in the optimal loading position. The Contractor
shall take measurements of transfer trucks used by the
City to verify optimal scale placement.
3.1.4.h. The scales shall be fully electronic in design and shall not
incorporate any mechanical weighing elements.
3.1.4.i. Load Cells shall have an Ingress Protection (IP) rating of
IP66.
3.1.4.j. Electrical equipment enclosures (junction boxes or other
enclosures) shall be NEMA 4 enclosures pursuant to
National Electrical Manufacturers Association (NEMA)
standards.
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3.1.4.k. All load cells, junction boxes, indicator units and cables
shall be non-proprietary components that can be replaced
by components from multiple manufacturers.
3.1.4.l. Cables and connectors shall be extremely heavy duty.
3.1.4.m. Leveling feet, load cells and other hardware shall be
stainless steel.
3.1.4.n. Each scale shall be designed to perform as a single
weighing platform and shall be of flat-top design.
3.1.4.o. The scale shall be designed to accept vehicles that
generate up to 60,000 pounds per tandem axle.
3.1.4.p. The scale shall be designed to accept an average daily
traffic volume of up to 50 vehicles per day, 365 days per
year, for 20 years, assuming that 100% of the vehicles are
fully loaded with the equivalent of 60,000 lbs. on their dual
tandem axles. The proposer shall submit documentation
with the proposal indicating the proposed scale system is
capable of meeting this performance requirement.
3.1.4.q. The scales shall be calibrated in a manner that meets or
exceeds the requirements for Class III/IIIC scales as
indicated in NIST Handbook 44.
3.1.4.r. Scale shall be Cambridge Model 770-AW-1010-60K FULL
Axle Weigher or approved equal.
3.1.5. Profile Mill Concrete Slab - Contractor shall profile mill the exiting
concrete slab (if necessary) such that the surface of the proposed
scales is at or below the elevation of the existing scales. Any
profile milling shall be of consistent depth throughout and not more
than 1” deep from existing slab surface and shall accommodate
current drainage patterns. The milled surface shall be as smooth or
nearly as smooth as the existing surface. Contractor shall capture
all dust, debris and/or slurry related to the milling operation and
dispose of legally off-site. No material of any kind shall enter the
interior drainage system or drains leading to Ballona Creek. Profile
milling may be omitted if the proposed scale system has a low
enough profile to avoid extending higher than the existing scales.
3.1.6. Data Connection - Install data connection from the scale system to
the Transfer Station Office such that the data from the scales is
readily integrated into the existing scale system. This connection
shall consist of conduit, pull elbows, termination boxes, etc. The
communication cable shall be of the type required by the existing
scale system and the future scale software (PCScale™). The
conduit can be attached to the structure along soffits and must run
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in the attic space between the upper and lower floors of the
attached office structure.
3.2. PIT INDICATOR SYSTEM – Presently, only the east pit is equipped with a
pit indicator system. The east pit indicator system will be upgraded by this
project and a new pit indicator system will be installed on the west pit as
shown on Attachment 5 and as described herein.
Each pit shall be equipped with a pit indicator system consisting of two
each, two section (red and green) LED traffic signal indications, one
displayed to the loader operator on the tipping floor and the other displayed
to the transfer truck driver in the slot below.
Operation of the pit indicator system shall be as follows: As the transfer
truck pulls into the slot, the slot indicators are green and the tipping floor
indicators are red. When the truck is in in position, the driver exits the truck
and pushes the designated loading button which changes the slot indicator
to red and the tipping floor indicator to green indicating to the loader
operator that the truck is ready to be loaded. When the truck is full and the
load is ready for transit, the loader operator activates a button on the tipping
floor which changes the slot indicator to green and the tipping floor indicator
to red.
The tipping floor push button shall be capable of being activated both
manually and by remote control from the wheel loader loader cab. The
remote control shall receive power from the wheel loader.
3.3. PROJECT WORKING HOURS – The Contractor may work from 4:00 P.M.
until 4:00 A.M. on non-holiday weeknights only. At the end of each work
shift, the slot shall be prepared to receive regular transfer truck traffic with
no restrictions. City Building Safety permit inspections must be called by the
contractor to occur during regular business hours of 9:00 A.M. to 3:00 P.M.
3.4. PROJECT PHASING – At least one pit shall have functioning scales (with
functioning remote displays) at all times. The contractor shall start work on
east pit scales first and complete that work through to completion before
starting work on the west pit scales.
IV. PROPOSAL OUTLINE TO BE SUBMITTED
The proposal shall be organized and submitted with the following elements:
A. Cover page
B. Table of contents
C. Executive summary
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Provide a brief summary describing the proposer’s ability to perform the work
requested, a history of the proposer’s background and experience providing
services, the qualifications of the proposer’s personnel to be assigned to this
project, any subcontractor, sub consultants, and/or suppliers and a brief history of
their background and experience, and any other information called for by this
request for proposal which the proposer deems relevant, including restating any
exceptions to this request for proposal. This summary should be brief and concise
to apprise the reader of the basic services offered, experience and qualifications of
the proposer, staff, subcontractors, and/or suppliers.
D. Questionnaire/Response to Scope of Services
Proposer shall provide responses and information to fully satisfy each item in the
Questionnaire. Each question item should be presented before the proposer’s
response.
E. Attachments
V. QUESTIONNAIRE
A. Company and General Information
1. Company name and address.
2. Letter of transmittal signed by an individual authorized to bind the respondent,
stating that the respondent has read and will comply with all terms and
conditions of the RFP.
3. General information about the primary contact who would be able to answer
questions about the proposal. Include name, title, telephone number and email
address of the individual.
B. Qualifications and Experience of the Firm
1. Describe your firm’s history and organizational structure. Include the size of the
firm, location of offices, years in business, organizational chart, name(s) of
owner(s) and principal parties, and number and position titles of staff.
2. What is the primary business of the parent company and/or affiliates?
3. Which office(s) of your organization will have primary responsibility for
managing this account?
4. What is your firm’s experience installing axle scales and scale systems?
5. Comment on other areas that may make your firm different from your
competitors.
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C. Not Used
D. Questions/Response to Scope of Services
1. Describe the methods by which your firm will fulfill the services requested in the
Scope of Services. Provide documentation, narrative, brochures, specifications,
etc. as needed to describe your proposal and how the proposal meets the
scope indicated herein.
E. Fees
1. Provide your fees for the proposed service. Fee quotes should be detailed by
service. Fees shall be presented as three lump sums as follows:
a) Price and proposal for scale system installation ALTERNATIVE 1 (4 axle
scales and eight ramps) including all items of work described in Part III
Scope of Services, Section 3.1 excluding Section 3.1.4.d.
b) Price and proposal for scale system installation ALTERNATIVE 2 (4 axle
scales, two ramps and spacer modules bridges) including all items of
work described in Part III Scope of Services, Section 3.1 excluding
Section 3.1.4.c.
c) Price and proposal for Pit Indicator System described in Part III Scope of
Services, Section 3.2.
2. Outline billing and payment expectations, including timing and method of
payment.
3. Describe any remaining fees not already detailed above.
G. References
List the name, address and telephone number of references from at least three (3)
recent similar projects. Include a brief description of the work provided for each
reference.
F. Implementation Schedule (if applicable)
Not applicable.
H. Certificate(s) of Insurance
The City will require the successful proposer to provide Certificates of Insurance
evidencing required coverage types and the minimum limits. See Attachment 6 for
more information on the City’s insurance requirements.
VI. EVALUATION OF PROPOSALS
Proposals will be judged on the Proposer’s ability to provide services that meet the
requirements set forth in this document. The City reserves the right to make such
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investigations as it deems necessary to determine the ability of the Proposer to provide
services meeting a satisfactory level of performance in accordance with the City’s
requirements. Interviews and presentations by one, several, or all of the Proposers may
be requested by evaluators if deemed necessary to fully understand and compare the
Proposer’s capabilities and qualifications. The adequacy, depth, and clarity of the
proposal will influence, to a considerable degree, its evaluation.
ATTACHMENTS:
Attachment 1 – Existing Axle Scales
Attachment 2 – Proposed Axle Scales
Attachment 3 – Proposed Axle Scales Alternative 1
Attachment 4 – Proposed Axle Scales Alternative 2
Attachment 5 – Proposed Pit Indicator System
Attachment 6 – Supplemental Terms and Conditions, Legal Statements and insurance
Requirements
Attachment 7 – Sample Contract.
15 of 358’-6.5” Existing scale
outside to outside width
6” curb face with 1” batter
10.75’
6” curb face with 1” batter
6” thick concrete slab
Existing truck slot with
concrete walls, floors and
roof structure
14’ high + by 12.75’ wide +
Existing axle scales
7’ long, 30” wide, 5.75”
high with ramps
4 feet long.
Existing indicator unit
mounted on wall
Existing conduit and cabling
5.75”
Conduit leads to electrical
service and remote displays
on upper lever
Existing Axle Scales
Attachment 1
16 of 3510.00’ Proposed Scale Width
6” curb face with 1” batter
10.75’”
6” curb face with 1” batter
6” thick concrete slab
Proposed New Scale
Existing truck slot with
concrete walls, floors and
roof structure
14’ high + by 12.75’ wide +
Contractor shall propose method to
infill remaining space between new scale
and existing concrete curbs on both sides.
Contractor shall profile mill the existing
concrete slab as needed to maintain
vertical clearance for trucks with the
new scales in place. The maximum
profile mill depth allowed shall be 1”.
Proposed Axle Scales
Attachment 2
17 of 3539.25’+ 34.67’+ 33.17’+ 34.50’+ 9.42’+
Existing Scales
(Typ. 4 locations)
Proposed Scale (S) 10’x10’x6”H
and 2 ea. 10’Wx5’L Ramps (R)
(Typ. 4 locations)
Edge of Building
Edge of Building
Centerline of existing
and proposed axle scales.
Contractor shall verify that the
proposed scales are located in the
optimal location to facilitate
transfer truck loading
Proposed Axle Scales – Alternative 1
(R)
(R)
(R)
(R)
(R)
(R)
(R)
(R)
(S)
(S)
(S)
(S)
Attachment 3
18 of 3539.25’+ 34.67’+ 33.17’+ 34.50’+ 9.42’+
Existing Scales
(Typ. 4 locations)
Proposed Scale (S) 10’x10’x6”H
(Typ. 4 locations)
Edge of Building
Edge of Building
Centerline of existing
and proposed axle scales Typ 4 locations.
Contractor shall verify that the proposed
scales are located in the optimal location
to facilitate transfer truck loading
Proposed Axle Scales – Alternative 2
(R)
(R)
(S)
(S)
(S)
(S)
Proposed Ramp (R) 10’W x 5’L
(Typ. 2 locations)
Proposed spacer modules to
maintain height between scales.
Number may vary based on
manufacturer proposed.
Provide min. 16”x16”
access opening with
cover to provide
access to existing 12”
grated floor drain
Attachment 4
19 of 35Existing 8” red and green
indicator lights above
loading pits.
Install new 8” LED Indicator
Lights for Trash
Existing 8” red and green
indicator lights mounted to
downstairs wall. Install new
8” LED Indicator Lights
Install new 8” red and
green LED indicator
lights and mounting
fixture on exterior side
of column on lower
level
Install new 8” red and
green LED indicator
lights and mounting
fixture above loading
pits displayed to tipping
floor.
Existing push button.
Protect in place
install new heavy duty push
button capable of manual
actuation and remote actuation
from wireless remote in the
tractor loader cab
Install new heavy-duty push
button on interior side of
column on lower level
Install metal conduits and
conductors to operate push
button/indicator system and to
provide electrical power from
available source (typ).
Remove existing push button
and install new push button
capable of manual actuation and
remote actuation from wireless
remote in the tractor loader cab
Provide Remote control
unit in tractor loader
that can activate either
of the two remote
switches individually
Proposed Pit Indicator System
Attachment 5
20 of 35
Attachment 6
SUPPLEMENTAL TERMS AND CONDITIONS, LEGAL STATEMENTS,
and INSURANCE REQUIREMENTS
SUPPLEMENTAL TERMS AND CONDITIONS
I. Submission of a bid shall be deemed a binding offer to enter into a contract with
the City. Any proposed modifications to the agreement shall be signed by the
successful bidder and returned, together with the certificate of insurance required
pursuant to said Section of the Agreement within ten (10) days after the Notice of
Award.
II. All bidders shall be presumed to understand all of the terms, conditions and
requirements of the agreement as stated in the specifications and to be
thoroughly familiar with the project.
III. The selected vendor shall be required to obtain all applicable Culver City permits
and business licenses. The Business Licensing Division may be reached at
(310) 253-5888. The cost of these items shall be included in the total bid price.
IV. Any bid may be withdrawn prior to the bid opening time provided that the request
is in writing and signed by the authorized representative. The withdrawal of a bid
shall not prejudice the right of the bidder to file a new bid to the time and date set
for the opening of bids. No bid received after the time fixed for the bid opening
will be considered.
V. Subsequent to the bid opening, a bidder shall be relieved of a bid due to
mistakes only if the bidder can establish to the satisfaction of the City that all of
the following circumstances exist:
a. A mistake was made;
b. The bidder gave the City written notice within five (5) days after the
opening of the bids of the mistake; specifying in the notice, in detail, how
the mistake occurred;
c. The mistake made the bid materially different than the bidder intended it to
be;
d. The mistake was made filling out the bid and not due to error in judgment
or to carelessness in reviewing the scope of service or specifications as
stated in the RFP.
VI. The City reserves the right to seek supplemental information from any bidder at
any time between the dates of bid submission and the bid award. Such
information will be limited to clarification or amplification of questions asked in the
original bid. Any bidder may be subject to personal interview and inspection of
their business premises prior to award.
21 of 35
VII. The City reserves the right to reject any or all proposals and to waive
informalities and minor irregularities in proposals received and to accept any
portion of proposal or all items of proposal if deemed in the best interest of the
City. In addition, the City reserves the right to do any, or all, of the following:
a. Reject any or all proposals or make no award;
b. Issue subsequent RFP;
c. Cancel the RFP;
d. Remedy technical errors in the request for proposals;
e. Modify any requirements contained within the RFP and request revised
submittals from Proposers determined to be within the competitive range;
f. Award a contract to one or more proposers;
g. Accept the written proposal as an offer, without negotiation and issue a
notice to proceed, if applicable.
h. Accept the written proposal as an offer, and through negotiations, add or
delete scope or modify elements of the proposal to meet the City’s
operational and/or budgetary needs, if necessary.
VIII. The City reserves the right to contract with any of the firms responding to this
RFP based solely upon its judgment of the qualifications and capabilities of that
firm.
IX. All materials submitted regarding this RFP become the property of the City.
Responses may be reviewed by any person at proposal opening time and
thereafter. The City has the right to use any or all collection ideas presented in
reply to this request, subject to the limitations outlined in Proprietary Information
below. Disqualification of a proposer does not eliminate this right.
a. Proprietary Information – Any restrictions on the use of data contained
within a proposal must be clearly stated in the proposal itself. Proprietary
information submitted in response to this RFP will be handled in
accordance with applicable City Procurement Regulations and the
California Public Records Act.
X. The City is not liable for any cost incurred by respondents prior to issuance of an
agreement, contract, or purchase order.
22 of 35
LEGAL STATEMENTS
All bidders must meet the following contractual and legal requirements in order to enter
into a contractual agreement with the City:
I. PROHIBITED INTERESTS
a. Contractor warrants that it has not employed or retained any company or
person, other than a bonafide employee working solely for Contractor, to
solicit or secure this contract and that it has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for
Contractor, any fee, percentage, brokerage fee, gifts or any other
consideration, contingent upon or resulting from the award or making of
this contract. For violation of this warranty, the City shall have the right to
annul this contract without liability;
b. Contractor agrees that, for the term of this Contract no member, officer, or
employee of the City, or of a local public body during his/her employment
for one (1) year thereafter, shall have any interest, direct or indirect, in this
contract, or to any benefit arising thereof ;
c. The employment by Contractor of personnel on the City's payroll will not
be permitted in the execution of this contract, even though such
employment may be outside of the employee's regular working hours or
on Saturdays, holidays, or vacation time; further, the employment by the
Contractor of personnel who have been on the City's payroll within one (1)
year prior to the date of contract award, where such employment is
caused by and/or dependent upon Contractor securing this or related
contract with the City, is also prohibited.
II. ANTI-LOBBYING PROVISION
a. During the period between proposal / sealed bid submission date and the
contract award, proposers, including their agents and representatives,
shall not directly discuss or promote their proposal with any member of the
City of Culver City City Council or City staff except in the course of City-
Sponsored inquiries, briefings, interviews, or presentations, unless
requested by the City;
b. This provision is not meant to preclude offerors from discussing other
matters with City Council members or City staff. This policy is intended to
create a level playing field for all potential offerors, assure that contract
decisions are made in public, and to protect the integrity of the RFP / Bid
Evaluation process. Violation of this provision may result in rejection of
the offeror’s proposal.
III. NON-DISCRIMINATION REQUIREMENTS: In addition to any other obligations
set forth in the specifications, the Contractor shall not discriminate against any
employee or applicant for employment because of sex, age, physical handicap,
race, color, religion, ancestry, or national origin. Contractor shall take affirmative
action to ensure that employees are treated during employment without regard to
23 of 35
their age, sex, physical handicap, race, color, religion, ancestry, or national
origin. Such affirmative action shall include, but not be limited to, the advertising,
layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship. Contractor shall post in a conspicuous
place available to all employees and applicants for employment notices setting
forth the provisions of this fair employment practices paragraph.
IV. COMPLIANCE WITH LAW: The Contractor shall familiarize itself with and
perform the service required under this contract in conformity with requirements
and standards of the City, municipal and public agencies, public and private
utilities, special districts, and railroad agencies whose facilities and services may
be affected by service under this contract. The Contractor shall also comply with
all Federal, OSHA, state, and local laws and ordinances applicable to any of the
service involved in this Contract. The Contractor shall indemnify and save
harmless the City against any claim arising from the violation of any such laws,
ordinances and regulations whether by the Contractor or his employees.
V. PROTECTION OF RESIDENT WORKERS: Protection of Resident Workers: The
City of Culver City actively supports the Immigration and Nationality Act (INA)
which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only
persons who may legally work in the United States (i.e., citizens and nationals of
the U.S.) and aliens authorized to work in the U.S. The employer must verify the
identity and employment eligibility of anyone to be hired, which includes
completing the Employment Eligibility Verification Form (I-9). The Contractor
shall establish appropriate procedures and controls so no services or products
under the Contract Documents will be performed or manufactured by any worker
who is not legally eligible to perform such services or employment.
VI. INDEMNITY: To the fullest extent permitted by law, Contractor shall indemnify,
defend (at Contractor's sole expense, with legal counsel approved by City) and
hold harmless the City of Culver City, members of its City Council, its boards
and commissions, officers, agents, and employees (hereinafter, "Indemnitees"),
from and against all loss, damage, cost, expense, liability, claims, demands,
suits, attorneys' fees and judgments arising directly or indirectly from, or in any
manner connected to Contractor’s agreement with the City. This indemnity and
obligation to hold harmless shall apply regardless of whether or not City
prepared, supplied, or approved plans or specifications or inspected any of the
work or improvements installed or constructed pursuant to the contract
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify an Indemnitee from any claim arising from the sole
negligence or willful misconduct of that Indemnitee.
24 of 35
INSURANCE REQUIREMENTS
All bidders must meet the following insurance requirements in order to enter into a
contractual agreement with the City:
I. Contractor shall submit duly executed certificates of insurance, with
declarations page and endorsement list, which shall be provided to the City
through the department administering the contract, and approved by the
City Attorney, for the following:
a. An occurrence based Comprehensive General Liability ("CGL")
policy, at least as broad as ISO Form CG 0001, in the minimum
amount of One Million Dollars ($1,000,000) each occurrence, with not
less than Two Million Dollars ($2,000,000) in annual aggregate
coverage.
The CGL Policy shall have the following requirements:
1. The policy shall provide coverage for personal injury, bodily
injury, death, accident and property damage and advertising
injury, as those terms are understood in the context of a CGL
policy. The coverage shall not be excess or contributing with
respect to City's self-insurance or any pooled risk arrangements;
2. The policy shall provide $1,000,000 combined single limit
coverage for owned, hired and non-owned automobile liability;
3. The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law,
Contractor's obligation to indemnify the Indemnitees as
required under the Indemnity provisions of the Contract;
4. The Policy shall not exclude coverage for Completed
Operations Hazards; and
5. The City of Culver City, members of its City Council, its
boards and commissions, officers, agents, and
employees will be named as an additional insured in an
endorsement to the policy.
b. Business Automobile Liability Insurance coverage in the amount of One
Million Dollars ($1,000,000), providing coverage for use of mobile
equipment (i.e. heavy mobile equipment or vehicles primarily for use in
an off-road environment), to the extent that (1) such mobile equipment
will be used within the City limits or on City business, and (2) coverage
for mobile equipment is not otherwise covered by the CGL policy listed
in subparagraph (a), above.
c. Workers' Compensation limits as required by the Labor Code of the
State of California with Employers' Liability limits of One Million
Dollars ($1,000,000.00) per accident, if the Agreement will have
Contractor employees working within the City limits.
25 of 35
d. Professional/Negligent Acts, Errors and Omissions Insurance (where
applicable) in the minimum amount of One Million Dollars
($1,000,000) per claim, and shall include coverage for separate
"personal injury" alleged to have been committed in the course of
rendering professional services, unless such coverage is provided by
the CGL policy listed above.
II. WAIVER BY THE CITY: City may waive one or more of the coverages listed
in Section I above. This waiver must be express and in writing, and will only be
made upon a showing by the Contractor that its operations in and with respect
to City are not such as to impose liability within the scope of that particular
coverage.
III. ADDITIONAL INSURANCE REQUIREMENTS:
a. All insurance listed in Paragraph A shall be issued by companies
licensed to do business in the State of California, with a claims paying
ability rating of "BBB" or better by S&P (and the equivalent by any
other Rating Agency) and a rating of A:VII or better in the current
Best's Insurance Reports;
b. Contractor shall provide City with at least thirty (30) days prior
written notice of any modification, reduction or cancellation of any of
the Policies required in Paragraph A, or a minimum of ten (10) days
notice for cancellation due to non-payment;
c. City may increase the scope or dollar amount of coverage required
under any of the policies described above, or may require different
or additional coverages, upon prior written notice Contractor.
d. If your insurance carrier charges an additional fee, you must include
that amount in your project costs.
26 of 35
CITY OF CULVER CITY
STANDARD FORM CONTRACT
WITH: CONTRACTOR NAME
FOR: CULVER CITY TRANSFER STATION AXLE SCALE SYSTEM REPLACEMENT
AND PIT INDICATORS ENHANCEMENT
THIS AGREEMENT is made and entered into by and between THE CITY OF CULVER
CITY, a municipal corporation, hereinafter referred to as "City," and D&D
REFRIGERATION, INC., a California corporation, hereinafter referred to as
"Contractor."
1. CONTRACTOR'S SERVICES. Contractor agrees to perform, during the
term of this Contract, the tasks, obligations, and services set forth in the "Scope of
Service" attached to and incorporated into this Contract as Exhibit "A” ("Work").
2. PAYMENT FOR SERVICES. City shall pay for the services performed by
Contractor pursuant to the terms of this Contract, the compensation set forth in the
"Schedule of Compensation" attached to and incorporated into this Contract as Exhibit
"B" ("Contract Price").
3. SITE. Contractor shall perform the Work at the Culver City Transfer
Station Office Building, 9255 W. Jefferson Blvd., Culver City, CA 90232 (“Premises” or
“Site”). The Project is the scope of Work performed at the Site.
4. RESERVED.
5. CONTRACT DOCUMENTS. The Contract Documents include only the
following documents, as indicated:
____ Instructions to Bidders
____ Bid Form and Proposal
____ Bid Bond
____ Designated Subcontractors
List
_X_ Notice to Proceed
_X_ Exhibit “A” (“Scope of Work”)
_X_ Exhibit “B” (“Schedule of
Compensation”)
_X_ Exhibit “C” (“Insurance
Requirements”)
_X_ Insurance Certificates and
Endorsements
27 of 35 6. RESERVED.
7. DESIGNATED REPRESENTATIVE(S). Dennis Huber shall be the
designated Contractor Representative, and shall be responsible for job performance,
negotiations, contractual matters, and coordination with the City. Contractor
Representative shall actually perform, or provide immediate supervision of Contractor’s
performance of, the Scope of Service. Any change orders or contract documents that
require signature shall be signed by an authorized officer of Contractor.
8. NOTICE TO PROCEED. City shall provide a Notice to Proceed to
Contractor, at which time Contractor shall proceed with the Work. The Contractor shall
not commence the Work under this Contract until the Contractor has submitted and the
City has approved the insurance certificate(s) and the endorsements of insurance
required herein, and the City has issued a Notice to Proceed.
9. SITE EXAMINATION. Contractor has examined the Site and certifies that
it accepts all measurements, specifications and conditions affecting the Work to be
performed at the Site. By submitting its quote, Contractor warrants that it has made all
Site examination(s) that it deems necessary as to the condition of the Site, its
accessibility for materials, workers and utilities, and Contractor’s ability to protect
existing surface and subsurface improvements. No claim for allowance of time or
money will be allowed as to any other undiscovered condition on the Site.
10. EQUIPMENT AND LABOR. The Contractor shall furnish all tools,
equipment, apparatus, facilities, transportation, labor, and material necessary to furnish
the services herein described, the services to be performed at such times and places
as directed by and subject to the approval of the authorized City representative
indicated in the Work specifications attached hereto.
11. SUBCONTRACTORS. Subcontractors, if any, engaged by the Contractor
for any Service or Work under this Contract shall be subject to the approval of the City.
Contractor agrees to bind every subcontractor by the terms of the Contract as far as
such terms are applicable to subcontractor’s work, including, without limitation, all
indemnification, insurance, bond, and warranty requirements. If Contractor shall
subcontract any part of this Contract, Contractor shall be fully responsible to the City for
acts and omissions of its subcontractor and of persons either directly or indirectly
employed by itself. Nothing contained in the Contract Documents shall create any
contractual relations between any subcontractor and the City.
12. TERMINATION. If Contractor fails to perform the Services and
Contractor’s duties to the satisfaction of the City, or if Contractor fails to fulfill in a timely
and professional manner Contractor’s obligations under this Contract, or if Contractor
violates any of the terms or provisions of this Contract, the City shall have the right to
terminate this Contract effective immediately upon the City giving written notice thereof
to the Contractor. City shall also have the right in its sole discretion to terminate the
Contract for its own convenience. Termination shall have no effect upon any of the
28 of 35rights and obligations of the parties arising out of any transaction occurring prior to the
effective date of termination.
13. EFFECT OF TERMINATION. Upon termination as stated in Paragraph
12 of this Agreement, Contractor will be paid on a prorated basis for the work
satisfactorily completed up to and including the date of termination of this Agreement,
unless the termination is for cause, in which event Contractor need be compensated
only to the extent required by law. Such payment will be subject to City's receipt of a
close-out billing.
14. SAFETY AND SECURITY. Contractor is responsible for maintaining
safety in the performance of this Contract. Contractor shall be responsible to ascertain
from the City the rules and regulations pertaining to safety and security.
15. CHANGE IN SCOPE OF WORK. Any change in the scope of the Work,
method of performance, nature of materials or price thereof, or any other matter
materially affecting the performance or nature of the Work shall not be paid for or
accepted unless such change, addition, or deletion is approved in advance and in
writing by a valid change order executed by the City. Contractor specifically
understands, acknowledges, and agrees that the City shall have the right to request any
alterations, deviations, reductions, or additions to the Project or Work, and the cost
thereof shall be added to or deducted from the amount of the Contract Price by fair and
reasonable valuations. Contractor also agrees to provide the City with all information
requested to substantiate the cost of the change order and to inform the City whether
the Work will be done by the Contractor or a subcontractor. In addition to any other
information requested, Contractor shall submit, prior to approval of the change order, its
request for a time extension (if any), as well as all information necessary to substantiate
its belief that such change will delay the completion of the Work. If Contractor fails to
submit its request for a time extension or the necessary supporting information, it shall
be deemed to have waived its right to request such extension.
16. CORRECTION OF ERRORS. Contractor shall perform, at its own cost
and expense and without reimbursement from the City, any work necessary to correct
errors or omissions which are caused by the Contractor’s failure to comply with the
standard of care required herein.
17. CONTRACTOR SUPERVISION. Contractor shall provide competent
supervision of personnel employed on the job Site, use of equipment, and quality of
workmanship,
18. CLEAN UP. Debris resulting from the Work shall be removed from the
Premises. The Site shall be in order at all times when work is not actually being
performed and shall be maintained in a reasonably clean condition.
19. ACCESS TO WORK. City representatives shall at all time have access to
the Work wherever it is in preparation or in progress. Contractor shall provide safe and
proper facilities for such access.
29 of 35 20. PROTECTION OF WORK AND PROPERTY. The Contractor shall erect
and properly maintain at all times, as required by conditions and progress of the Work,
all necessary safeguards, signs, barriers, lights, and security persons for protection of
workers and the public, and shall post danger signs warning against hazards created by
the Work. In an emergency affecting life and safety of life or of Work or of adjoining
property, Contractor, without special instruction or authorization from City, is permitted
to act at his discretion to prevent such threatened loss or injury.
21. TIME IS OF THE ESSENCE. Time is of the essence in the performance
of and compliance with each of the provisions and conditions of this Contract.
22. OCCUPANCY. City reserves the right to occupy buildings at any time
before formal Contract completion and such occupancy shall not constitute final
acceptance or approval of any part of the Work covered by this Contract, nor shall such
occupancy extend the date specified for completion of the Work. City shall not operate
Equipment installed under the Scope of Services until City Engineer accepts the work
as complete.
23. FORCE MAJEUR CLAUSE. The Contractor shall be excused from
performance hereunder during the time and to the extent that it is prevented from
obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of
transportation facilities, lock out, commandeering of materials, product, plant, or
facilities by the government, when satisfactory evidence thereof is presented to the City,
provided that it is satisfactorily established that the non performance is not due to the
fault or neglect of the Contractor.
24. INDEMNIFICATION / HOLD HARMLESS CLAUSE. To the fullest extent
permitted by law, Contractor shall indemnify, defend (at Contractor's sole expense, with
legal counsel approved by City) and hold harmless the City of Culver City, members of
its City Council, its boards and commissions, officers, agents, and employees
(hereinafter, "Indemnitees"), from and against all loss, damage, cost, expense, liability,
claims, demands, suits, attorneys' fees and judgments arising from or in any manner
connected to Contractor's or its employees or agent’s acts, errors or omissions related
to this Contract. This indemnification includes, but is not limited to, tort liability to a third
person for bodily injury and property damage.
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify an Indemnitee from any claim arising from the sole negligence
or willful misconduct of that Indemnitee.
The duty to defend referenced herein is wholly independent from the duty to
indemnify, arises upon written notice by City to Contractor of a claim within the potential
scope of this indemnification provision, and exists regardless of any determination of
the ultimate liability of Contractor, City or any Indemnitee.
25. CONTRACTOR’S INSURANCE. Without limiting its obligations pursuant
to Section 23 of this Contract, the Contractor shall procure and maintain, at Contractor’s
30 of 35own cost and expense and for the duration of this Contract, insurance coverage as set
forth in "Insurance Requirements" attached to and incorporated into this Contract as
Exhibit "C.”
26. WARRANTY/QUALITY. Unless a longer warranty is called for elsewhere
in the Contract Documents, the Contractor, manufacturer, or their assigned agents shall
guarantee the workmanship, product or service performed against defective
workmanship, defects or failures of materials for a minimum period of one (1) year from
filing the Notice of Completion with the county in which the Site is located.
27. COMPLIANCE WITH LAWS. Contractor shall give all notices and comply
with all laws, ordinance, rules and regulations bearing on conduct of the Work as
indicated or specified. If Contractor observes that any of the Work required by this
Contract is at variance with any such laws, ordinance, rules or regulations, Contractor
shall notify the City, in writing, and, at the sole option of the City, any necessary
changes to the scope of the Work shall be made and this Contract shall be
appropriately amended in writing, or this Contract shall be terminated effective upon
Contractor’s receipt of a written termination notice from the City. If Contractor performs
any work that is in violation of any laws, ordinances, rules or regulations, without first
notifying the City of the violation, Contractor shall bear all costs arising therefrom.
28. DISPUTES. In the event of a dispute between the parties as to
performance of the Work, the interpretation of this Contract, or payment or nonpayment
for work performed or not performed, the parties shall attempt to resolve the dispute by
those procedures set forth in Public Contract Code section 20104, et seq., if applicable.
Pending resolution of the dispute, Contractor agrees it will neither rescind the Contract
nor stop the progress of the Work, but will allow determination by the court of the State
of California, in Los Angeles County, having competent jurisdiction of the dispute.
All claims of over $375,000, which are outside the scope of Public Contract Code
section 20104, et seq., may be determined by independent arbitration if mutually
agreeable, otherwise by litigation.
i. Notice of the demand for arbitration of a dispute shall be filed in
writing with the other party to the Contract.
ii. The demand for arbitration of any claim of over $375,000 shall be
made within a reasonable time after written notice of the dispute has been provided to
the other party, but in no case longer than ninety (90) days after initial written notice,
and the demand shall not be made later than the time of Contractor submission of the
request for final payment.
29. RESERVED.
30. RESERVED.
31. INDEPENDENT CONTRACTOR STATUS. City and Contractor agree
that Contractor, in performing the services herein specified, shall act as an independent
31 of 35Contractor and shall have control of all work and the manner in which it is performed.
Contractor shall be free to contract for similar service to be performed for other
employers while under contract with City. Contractor is not an agent or employee of
City, and is not entitled to participate in any pension plan, insurance, bonus, worker’s
compensation or similar benefits City provides for its employees. Contractor shall be
responsible to pay and hold City harmless from any and all payroll and other taxes and
interest thereon and penalties therefor which may become due as a result of services
performed hereunder.
32. ASSIGNMENT. This Contract is for the specific services with Contractor
as set forth herein. Any attempt by Contractor to assign the benefits or burdens of this
Contract without written approval of City shall be prohibited and shall be null and void;
except that Contractor may assign payments due under this Contract to a financial
institution.
33. RECORDS AND INSPECTIONS. Contractor shall maintain full and
accurate records with respect to all services and matters covered under this Contract.
City shall have free access at all reasonable times to such records, and the right to
examine and audit the same and to make transcripts therefrom, and to inspect all
program data, documents, proceedings and activities. Contractor shall maintain an up-
to-date list of key personnel and telephone numbers for emergency contact after normal
business hours.
34. OWNERSHIP OF CONTRACTOR'S WORK PRODUCT. City shall be the
owner of any and all computations, plans, correspondence and/or other pertinent data,
information, documents and computer media, including disks and other materials
gathered or prepared by Contractor in performance of this Contract, or at any earlier or
later time when the same may be requested by City. Such work product shall be
transmitted to City within ten (10) days after a written request therefor. Contractor may
retain copies of such products. All written documents shall be provided to City in digital
and in hard copy form.
35. NOTICES. All notices given or required to be given pursuant to this
Contract shall be in writing and may be given by personal delivery or by mail. Notice
sent by mail shall be addressed as follows:
To City: City of Culver City
Attention: Charles D. Herbertson,
Public Works Director / City Engineer
9770 Culver Blvd.
Culver City, CA 90232
To Contractor:
32 of 3536. TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide City
with a complete Request for Taxpayer Identification Number ("TIN") and Certification,
Form W-9, as issued by the Internal Revenue Service.
37. PERMITS AND LICENSES. Contractor, at its sole expense, shall obtain
and maintain during the term of this Contract, all appropriate permits, licenses, and
certificates that may be required in connection with the performance of services under
this Contract including, but not limited to, a Culver City business tax certificate.
38. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY.
For work performed, Contractor agrees to seek bids for supplies and materials from
businesses located within the City of Culver City, with the intent to make purchases
from these businesses if such purchases can be made at competitive prices.
39. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to
perform work similar to the services provided hereunder.
40. MODIFICATION OF AGREEMENT. This Contract may not be modified,
nor may any of the terms, provisions or conditions be modified or waived or otherwise
affected, except by a written amendment signed by all parties hereto.
41. WAIVER. If at any time one party shall waive any term, provision or
condition of this Contract, either before or after any breach thereof, no party shall
thereafter be deemed to have consented to any future failure of full performance
hereunder.
42. COVENANTS AND CONDITIONS. Each term and each provision of this
Contract to be performed by Contractor shall be construed to be both a covenant and a
condition.
43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and
every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and this Contract shall be read and enforced as though it
were included therein.
44. INVALID TERM. If any provision of this Contract is declared or
determined by any court of competent jurisdiction to be illegal, invalid or unenforceable,
the legality, validity or enforceability of the remaining parts, terms and provisions shall
not be affected thereby, and said illegal, unenforceable or invalid part, term or provision
will be deemed not to be a part of this Contract.
45. GOVERNING LAW. The terms of this Contract shall be interpreted
according to the laws of the State of California. If litigation arises out of this Contract,
then venue shall be in the Superior Court of Los Angeles County.
46. INTEGRATED AGREEMENT. This Contract represents the entire
Contract between City and Contractor regarding the subject matter hereof, and all
preliminary negotiations and agreements are deemed a part of this Contract. No verbal
33 of 35agreement or implied covenant shall be held to vary the provisions of this Contract.
This Contract shall bind and inure to the benefit of the parties to this Contract, and any
subsequent successors and assigns.
47. NON-APPROPRIATION OF FUNDS. Payment due and payable to
Contractor for current services is within the current budget and within an available,
unexhausted and unencumbered appropriation of City. In the event City has not
appropriated sufficient funds for payment of Contractor services beyond the current
fiscal year, this Contract shall cover only those costs incurred up to the conclusion of
the current fiscal year.
48. EFFECTIVE DATE. The effective date of this contract is the date it is
signed on behalf of City. This Agreement shall remain in full force and effect until
amended or terminated; provided, that the indemnification and hold harmless provisions
shall survive the termination.
CONTRACTOR NAME
Dated: By:
NAME
TITLE
Dated: By:
NAME
TITLE
(Signatures continued on Page 9)
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CITY OF CULVER CITY, CALIFORNIA
Dated:_______________ By_________________________________
John Nachbar
City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
________________________ ____________________________
Charles D. Herbertson Carol A. Schwab
Public Works Director/ City Attorney
City Engineer
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