EV Charging Station - La Habra Community Center.pdf

NOTICE OF REQUEST FOR PROPOSALS

The City of La Habra, hereinafter referred to as the “City”, is inviting proposals from qualified Offerors to provide electrical design and construction services for EV Charging Station – Community Center project in the City of La Habra. The City proposes a contract be awarded to a qualified Offeror to provide services to design, construct the electrical service, purchase all necessary material (including the charger) and install a ChargePoint CPE250 DC fast charging station with 62.5kW output Level 3 charger, or equivalent, and complete construction. To be considered for this contract, your firm must meet the proposal and satisfy the requirements as stated in the Request for Proposal (RFP).

KEY RFP DATES AND TIME

The following tentative schedule has been established for the selection of the Offeror for this project:

RFP ISSUE DATE September 16, 2026

MANDATORY JOB WALK September 28, 2026 @ 9:00 A.M.

QUESTIONS SUBMITTAL DEADLINE September 30, 2026 @ 3:00 P.M.

RESPONSE TO QUESTIONS October 5, 2026 @ 5:00 P.M.

PROPOSAL DUE DATE October 12, 2026 @ 2:00 P.M.

CONTRACTOR SELECTION October 19, 2026

CONTRACT NEGOTIATIONS October 26, 2026

CONTRACT AWARD BY CITY COUNCIL November 2, 2026

NOTICE TO PROCEED November 16, 2026

MANDATORY JOB WALK

A mandatory job walk is scheduled at 9:00 A.M. on Monday September 28, 2026. Attendance at the job walk is required to submit a proposal. The intent of the meeting will be to help contractors understand the job requirements and inspect the job site. The walk will begin at the main entrance of the La Habra Community Center located at 101 W La Habra Blvd., La Habra, CA 90631

WRITTEN QUESTIONS

Any questions and/or inquiries regarding this RFP shall be submitted in writing on or before 3:00 PM on September 30, 2026, and directed to:

Alexis Sandoval, Senior Engineering Aide asandoval@lahabraca.gov

Any questions submitted after this deadline will not receive a response.

PROPOSAL DUE DATE

Proposal must be submitted on or before 2:00 P.M. on October 12, 2026.

The proposals shall be mailed or delivered to the following address:

ATTN: Andrew Luna, PE. Acting City Engineer / Senior Civil Engineer Engineering Division 110 E La Habra Boulevard mailto:awalsten@lahabraca.gov

La Habra, CA 90631 Label “EV CHARGING STATION – LA HABRA COMMUNITY CENTER FISCAL YEAR 2026-2027 – DO NOT OPEN” on the package.

Proposals, and amendments to proposals, received after the date and time specified above shall be returned to the Offeror unopened.

Clarifications desired by a respondent relating to definition or interpretation shall be requested in writing with sufficient time to allow the City staff for a response prior to the date RFP is due. Oral explanation or instruction shall not be considered binding on behalf of the City.

Any modifications to this solicitation will be issued by the City as a written addendum. If an addendum is issued, it will be sent to all prospective Offerors the City has specifically e-mailed a copy of the RFP; additionally, it will be posted on the City’s website at: https://www.PlanetBids.com. It shall be the Offeror’s responsibility to check the City’s website to obtain any addenda that may be issued.

Offerors are requested to submit written statements of technical qualifications and describe in detail their proposed work plan and schedule for completing the work specified in the RFP. Offerors are required to comply with all applicable Federal and State laws, and equal opportunity laws and regulations.

Proposals shall be considered firm offers to enter into a contract with the City of La Habra and completely perform the work described in Exhibit D of this RFP within 70 working days from the date of issuance of Notice to Proceed.

The City reserves the right to accept or reject any or all proposals, waive any informalities or irregularities in the proposals, request additional information or revisions to the proposals, and to negotiate with any or all Offerors. Any contract award shall be to a firm that submits the most comprehensive and cost-effective proposal based on the City’s evaluation.

Each proposal shall be submitted in two parts. The first part shall be the work proposal. The second part shall be the fee proposal and shall be sealed in its own envelope marked (EV CHARGING

STATION – LA HABRA COMMUNITY CENTER FISCAL YEAR 2026-2027 – FEE PROPOSAL –

“DO NOT OPEN”).

SECTION I – PROPOSAL CONTENT & SUBMITTAL REQUIREMENTS

1. Format

To be considered, Offeror must submit four (4) hard copies of their proposals and one electronic copy on Flash Drive on or before 2:00 P.M. on October 12, 2026.

RFPs should be typed and submitted on 8.5-inch x 11-inch pages. Charts and schedules may be included in 11” x 17” format, which will be counted as 2 pages and included in the maximum total page count of 50 pages. RFPs should be concise and not include any elaborate or unnecessary promotional materials. The page limit does not include the outside cover, table of contents, resumes, section dividers, and cover letters. All pages shall be sequentially numbered, and each section should be separate. RFPs should include a complete table of contents for the entire RFP with respective page numbers opposite each topic that is included.

2. Letter of Transmittal https://www.planetbids.com/

The letter of Transmittal shall be addressed to Andrew Luna, PE. Acting City Engineer / Senior Civil Engineer, and must, at a minimum, contain the following:

A. Identification of the individual that will have the authorization to commit to the contractual terms and conditions. Identification shall include legal company name, corporate address, telephone, fax number and e-mail address. Include name, title, address, telephone number and e-mail address of the contact person during the RFP evaluation phase.

B. Provide name, address and phone number of the primary contact with the City and of the key staff that shall be responsible.

C. Any qualifying statements or comments regarding Offeror’s proposal or the information provided in the RFP. State the interpretation of work being performed. State a positive commitment to perform the work in the manner, time frame and basic summary and understanding of the services being requested.

D. If submitting a proposal with subcontractors, list all firms that will be participating in the contract. The lead Offeror must submit a description of the firm and the portion of work to be done by another firm.

E. Include the name and resume of the individual leading the team.

F. State the ability of your firm to enter into the City’s standard Public Woks Agreement

(Agreement). A sample Agreement is attached to this RFP, see APPENDIX “A”. No modification(s) to said Agreement will be allowed.

G. Declaration regarding existing or potential conflicts of interest (i.e., other projects or commitments which might impair or undermine the Offeror’s ability or credibility regarding the proposed services). All Offerors and subcontractors must be licensed by the state of California and all must have a City business license prior to starting work.

H. Acknowledgment of receipt of RFP addenda, if any.

I. A statement to the effect that the RFP shall remain valid for a period of no less than 60 days from the date of submittal.

J. Signature of a person authorized to bind Offeror to the terms of the RFP.

K. A statement to the effect that by signing the letter of transmittal, the Offeror is attesting that all information submitted with the RFP is true and correct.

3. Technical Proposal

A. Qualifications, Related Experience and References of the Offeror

This section of the RFP should establish the ability of Offeror to satisfactorily perform the required work by evidence of: experience in performing work of the same or similar nature;

demonstrated experience working with local agencies and cities; strength and stability of the Offeror; staffing capability; workload; record of meeting schedules on projects of a similar size and scope; and supportive client references.

Offeror shall:

(1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of office(s); number of employees.

(2) Provide a general description of the firm’s financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Offeror’s ability to complete the project.

(3) Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project.

(4) Please include specialized experience and professional competence in areas directly related to this RFP.

(5) Provide a list of past joint work by the Offeror and each subcontractor, if applicable. The list should clearly identify the project and provide a summary of the roles and responsibilities of each party.

(6) At a minimum three (3) project references shall be provided. Furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed by the Offeror. Identify Offeror’s key personnel who worked on the referenced projects. Offeror may also supply references from other work not cited in this section as related experience.

(7) Pictures of the Contractor’s equipment to be used.

B. Proposed Staffing and Project Organization

This section of the RFP should identify key personnel, project manager and coordinator with City, and establish their abilities to perform the required work by evidence of experience in performing work of a similar nature and demonstrate competence in the services identified in the Scope of Work (see Section II).

(1) Furnish brief resumes (not more than one (1) pages each) for the proposed Project Manager and other key personnel.

(2) Include a project organization chart, which clearly delineates communication/reporting relationships among the project staff, including subcontractors. Provide a second organization chart showing the proposed communication/reporting relationship between project staff and City staff.

(3) Include a statement that key personnel will be available to the extent proposed for the duration of the project, acknowledging that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City.

C. Detailed Work Plan

Offeror shall provide a narrative that addresses the Scope of Services and shows Offeror’s understanding of City’s needs and requirements.

(1) Describe the proposed approach and work plan for completing the services specified in the Scope of Services. The description of the proposed approach shall discuss the services in sufficient detail to demonstrate the Offeror’s ability to accomplish the City’s objectives.

(2) Describe approach to managing resources, including a description of the role(s) of any subcontractors, if applicable, their specific responsibilities, and how their work will be supervised. Identify methods that Offeror will use to ensure quality and schedule control.

D. Exceptions/Deviations

State any exceptions to or deviations from the requirements of this RFP, segregating “technical” exceptions from “contractual” exceptions. Where Offeror wishes to propose alternative approaches to meeting the City’s technical requirements, these should be thoroughly explained. If no exceptions are noted, Offeror will be deemed to have accepted the City’s requirements as set forth in RFP.

4. Required Forms

Review, complete, and sign the following items:

• “APPENDIX B” – Conflict of Interest Disclaimer

• “APPENDIX C” – Acknowledgement of Insurance Requirements

5. Contract Type and Terms

The term of the Agreement will be for one (1) year from the date of the Notice to Proceed. It is anticipated that the Agreement resulting from this solicitation, if awarded, shall be total firm price “Not to Exceed” contract based upon the total price of the tasks specified in "Scope of Work" of this RFP.

In lieu of Section 1-7.2 “Contract Bonds” of the Standard Specifications, the Contractor, simultaneously with the execution of the Agreement, shall furnish a surety bond in an amount equal to one hundred (100) percent of the Agreement price as security for the faithful performance of the Agreement and a separate surety bond in an amount equal to one hundred

(100) percent of the Agreement price as security for the payment of all persons performing labor and furnishing materials in connection with the Agreement. Said bonds shall be secured from a Surety Company satisfactory to the City.

6. Conflict of Interest Disclaimer

The proposing Offeror shall disclose any financial, business or other relationship with the City that may have an impact upon the outcome of the Agreement or the construction project. The Offeror shall also list current clients who may have a financial interest in the outcome of this Agreement of the construction project that will follow. The proposing Offeror shall disclose any financial interest or relationship with any company that might submit a bid on the construction project.

7. Proposals to Remain Open

The Offeror shall guarantee that all contents of their proposal shall be valid for a period of 60 calendar days from the due date of proposals.

8. Professional Services Fees

The general Scope of Services outlined in the RFP is only provided as a guide in this Request for Proposals; Offeror should provide a detailed Scope of Services in their submitted Cost Proposal as necessary to reflect the method and procedure in which they intend to provide the required professional services, consistent with the general Scope of Work.

Proposals received after the time established for receiving proposals shall not be considered.

The City will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to the City and/or its representatives. Further, the City reserves the right to reject any and all proposals and to determine which proposal is, in the City’s judgement, the most responsive and responsible proposal. The City also reserves the right to waive any informality in any proposal and to delete certain items listed in the proposal as set forth therein. This RFP does not commit the City to pay any costs incurred in the preparation of this proposal.

9. PREVAILING WAGE

Certain labor categories under this project are subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories when employed for any work on or in the execution of a “Public Works” project require payment of prevailing wages including but not limited to, testing, potholing and non-design work. Contracted work must comply with the provisions of 1771.5 of the State Labor Code.

10. INSURANCE

The Offeror shall submit evidence of ability to provide insurance in the amounts and with coverage as required in the attached sample Agreement (see APPENDIX “A”).

SECTION II – SCOPE OF WORK AND FEES

1. SCOPE OF WORK

This work shall consist of design and furnishing all necessary permits, materials, labor, tools, equipment, appurtenances, and the performance of providing electrical service from the electrical service room of the La Habra Community Center, EV parking space striping and signing as well as the purchase and installation of one (1) Level 3, ChargePoint CPE250 DC fast charging station with 62.5kW output, or equivalent , as shown on APPENDIX “D”, Project Engineering Exhibit.

ELECTRICAL EQUIPMENT UPGRADE

• Supply and installation of new 75KVA transformer to provide adequate power and proper voltage rating for the DC fast charging station.

o Supply and installation of a new 200A main breaker/disconnect on the existing 1200A, 208/120V main distribution.

o Location of the new transformer to be placed outdoors within the fenced enclosure.

o Supply and wire pull new electrical conductors in new conduit from the existing main distribution to the new transformer as shown in Appendix-D.

▪ Aboveground conduit to be placed above false ceiling from the electrical room to the water heater room.

▪ Underground conduit from the water heater room to along the fence.

(Include ground penetration scanning services)

▪ Raise conduit along the fence, mounted on conduit risers adjacent to the fence.

o Forming and pouring of concrete pad of dimensions per manufacturer’s specifications for the transformer structural support.

• Supply and installation of a local disconnect for the DC fast charging station.

CHARGING STATION INSTALLATION

• Installation of one (1) Level 3, ChargePoint CPE250 DC fast charging station with 62.5kW output, or equivalent.

o Supply and wire pull new electrical conductors from the 75KVA transformer to the new CPE250 DC fast charging station in new conduit.

o Forming and pouring of concrete pad of dimensions per manufacturer’s specifications for charging station structural support.

CODE COMPLIANT ADA ACCESSIBILITY PARKING MODIFICATIONS

• Supply and installation of two (2) safety/crash protection bollards for charging station.

• Supply & mounting of one (1) EV parking sign on wall.

• Stenciling/marking “EV CHARGING ONLY” in “white” paint for one (1) EV parking space.

o Parking space to be 12’ in width.

o Parking space can be in either space marked in the “pink” box in Appendix-D.

▪ Caveat that the number of EVCS is under 5 spaces total.

• Striping/Restriping and stenciling of “NO PARKING” access aisle in “white” paint per ADA requirements.

o Access aisle can be in either space marked in the “pink” box in Appendix-D.

▪ Caveat that the number of EVCS is under 5 spaces total.

2. WORK AUTHORIZATION

The specified work shall commence upon demand by the City and no later than five (5) working days upon receipt of written Notice to Proceed (NTP) and necessary instructions.

Failure to comply with this provision shall subject the contractor to be assessed liquidated damages designated by the City Engineer, or his/her designated representative.

3. GENERAL SCOPE OF WORK AND INFORMATION

• A class “C-10” contractor’s license is required.

• The Contractor will be expected to be pro-active in the performance of his/her duties under the Agreement and to proceed and fully complete the project with minimal instruction from the City.

• The Contractor will be expected to work closely with the City of La Habra staff.

• The City anticipates using its standard Public Works Agreement without exceptions. A copy of the standard contract is attached to the RFP.

4. GENERAL SPECIFICATIONS FOR EV CHARGING STATION

Contractor shall design, permit and construct the complete project, excluding the EV Charger unit and its necessary electrical connectivity in the pull-box adjacent to the EV Charger, but not limited to: Protect all adjacent surfaces and public areas during work. Protect public and improvements when working above public areas. Immediately clean up all accidental spatter, spillage, misplaced paint and restore the affected area to original condition or better.

Coordinate with City and electric vehicle charger manufacturer, Charge Point, as needed.

Installing a Level 3 (DC Fast) Electric Vehicle (EV) charger in La Habra requires a commercial building permit, compliance with the California Green Building Code (CALGreen), and adherence to the La Habra Municipal Code Chapter 15.67. Because Level 3 chargers pull immense electrical loads (480-volt AC source), detailed engineering, grid connection, and safety approvals are required.

The contractor shall obtain and pay for building permit required for the installation of the Level 3 EV Charger, anticipated to be approximately $2,300.

Core Permitting & Installation Requirements Expedited Processing Checklist:

La Habra uses a streamlined permitting process designed for EV charging stations. You must submit the City of La Habra Non-Residential EV Charging Checklist.

• Plans Required: Submittals must include manufacturer's installation instructions, equipment specifications, a site plan, and a structural/electrical load calculation prepared by a licensed California engineer.

• Electrical Upgrades: Due to the high-power draw, you must coordinate with Southern California Edison (SCE) to verify grid capacity and service requirements (e.g., transformer upgrades, demand charges).

• CALGreen/Zoning Compliance: You must ensure that the installation conforms to zoning laws for off-street parking, ADA accessibility requirements (such as accessible pathways and signage), and CALGreen mandates for non-residential or multi-family properties. [1, 2]

• Safety & Zoning: The installation must strictly follow the National Electrical Code (NEC) and avoid encroaching on public rights-of-way without an encroachment permit.

https://www.dgs.ca.gov/bsc/calgreen https://ecode360.com/42845022 https://www.lahabraca.gov/DocumentCenter/View/13103/EV-Charging-Station---Non-Residential?bidId= https://calgreenenergyservices.com/2025/11/18/ev-charging-and-the-2025-calgreen-code/ https://up.codes/s/electric-vehicle-ev-charging

• To officially begin, you can access the necessary permit applications through the City of La Habra Community Development Department, where over-the-counter reviews or online portal submittals are available.

CHANGES IN WORK - General – The quantities indicated on the proposal are estimated only and are subject to increases or decreases of the amount. Any perceived change in work scope shall be submitted to the City’s project manager for review and consideration to determine if a Change Order is warranted for consideration to approve or reject the Change Order.

CORRECTION OF WORK - The City shall be the sole judge as to the acceptability of the design and construction work and shall inspect the completed work and inform the contractor of any fault methods or unsatisfactory results. It shall be the contractor’s responsibility, at his/her own expense, to immediately correct the work upon notification.

5. FEE PROPOSAL FORMAT (TO BE SUBMITTED ON A SEPARATE SEALED ENVELOPE

MARKED “FEE PROPOSAL”)

The Offeror is to submit a fee schedule that includes a breakdown per task as outlined below in a separate sealed envelope marked “EV CHARGING STATION – LA HABRA

COMMUNITY CENTER FISCAL YEAR 2026-2027 - FEE PROPOSAL”.

The Proposal shall be marked as “Exhibit A” and should include at least the following:

• A description of the services to be provided based on the Contractor’s understanding of the project scope to provide a complete project.

• A breakdown of fees for each task, as applicable, for Base Bid and Bid Alternate

• A list of exclusions, as applicable

SECTION III – EVALUATION AND AWARD

A. EVALUATION CRITERIA

The City will evaluate the Proposals received based on the following criteria:

1. Qualifications of the Firm 30 Points Experience in performing work of a closely similar nature and size; experience working with public agencies, such as, the City of La Habra and/or nearby jurisdictions; understanding and demonstrated competence in the services identified in Section II - Scope of Work; strength, stability, experience and technical competence of subcontractors; assessment by client references.

2. Staffing and Organization 30 Points

Qualifications of staff, particularly key personnel and especially the Project Manager; key personnel’s level of involvement in performing design, managing construction and related work cited in the Scope of Work section; adequacy of labor commitment; concurrence in the restrictions on changes in key personnel;

references from past projects.

https://www.google.com/url?sa=i&source=web&rct=j&url=https://www.lahabraca.gov/206/Handouts-General-Information&ved=2ahUKEwiolN_v9-GVAxWZIEQIHadYBKEQy_kOegoIAggACAAIERAC&opi=89978449&cd&psig=AOvVaw2dRQLRue-XH7FYB2e8i2cS&ust=1784660309781000 https://www.google.com/url?sa=i&source=web&rct=j&url=https://www.lahabraca.gov/206/Handouts-General-Information&ved=2ahUKEwiolN_v9-GVAxWZIEQIHadYBKEQy_kOegoIAggACAAIERAC&opi=89978449&cd&psig=AOvVaw2dRQLRue-XH7FYB2e8i2cS&ust=1784660309781000

3. Overview and Approach 40 Points Depth of Consultant’s understanding of the scope of services required by the RFP;

City’s objective; overall quality and logic of work plan; appropriateness of labor distribution among the tasks; ability to accomplish services being rendered within the proposed time frames.

B. EVALUATION PROCEDURE

An Evaluation Committee will be appointed to review all RFPs received. The Evaluation Committee will be comprised of City staff. The Evaluation Committee will discuss and score the RFPs. The RFP score will count for 100% of the overall score. The score will determine a final ranking of the firms. Negotiations will be initiated with the highest ranked Consultant. Should the City be unable to negotiate a satisfactory contract with the highest ranked Consultant, the City retains the right to terminate negotiations with the highest ranked Consultant and open negotiations with the next highest ranked Consultant.

C. FEE PROPOSAL (SUBMITTED IN SEPARATE SEALED ENVELOPE)

A copy of the Firm’s Schedule of Billing rates shall be submitted in a sealed envelope marked “Fee Proposal.” The Fee schedule shall be detailed, have hourly breakdowns for each task.

D. AWARD

Award of the Agreement by the City shall not be considered final until any and all protests have been resolved to the satisfaction of the City. However, since the selection and award may be made without discussion with any Offeror, the proposal submitted should contain Offeror’s most favorable terms and conditions.

E. NOTIFICATION OF AWARD AND DEBRIEFING

Consultants who submit a Proposal in response to this RFP shall be notified in writing regarding the results of the final ranking developed by the Evaluation Committee.

ACKNOWLEDGEMENT OF ADDENDA RECEIVED

The Bidder shall acknowledge the receipt of addenda by placing an “X” by each addendum received.

Addendum No. 1 _____

Addendum No. 2 _____

Addendum No. 3 _____

Addendum No. 4 _____

Addendum No. 5 _____

Addendum No. 6 _____

Addendum No. 7 _____

Addendum No. 8 _____

If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected.

APPENDIX “A”

PUBLIC WORKS AGREEMENT

(SAMPLE)

Project No. 4-B-26

CITY OF LA HABRA

PUBLIC WORKS AGREEMENT FOR EV CHARGING STATION – LA HABRA COMMUNITY

CENTER FY 2026-27 – PROJECT NO. 4-B-26

THIS AGREEMENT (herein “Agreement”) is made and entered into this day of

, 20__ by and between the CITY OF LA HABRA, a municipal corporation, (herein “City”) and (herein “Contractor”).

The parties hereto agree as follows:

W I T N E S S E T H :

A. WHEREAS, City requires the construction of ___________ as set forth more fully in this Agreement.

B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.

C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 DEFINITIONS

1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:

(a) Contractor. Contractor shall mean _____ a (California corporation, partnership, individual) located at .

(b) City. City shall mean the City of La Habra, a Municipal Corporation, located at 110 East La Habra Boulevard, La Habra, California 90631.

(c) City Council. City Council shall mean the City Council of the City of La

Habra.

(d) Contract Officer. Contract Officer shall mean the person designated by the

City Manager or City Engineer of City and shall have the duties set forth in Section 5.2.

(e) Services. Services shall mean the services to be performed by the

Contractor pursuant to this Agreement.

(f) Satisfactory. Satisfactory shall mean satisfactory to the City Manager or his/her designee.

2.0 SERVICES OF CONTRACTOR

2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.

2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit “D”.

2.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed,

(b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the

City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

2.6 Standard of Performance. Contractor, its subcontractors, and their employees, in the performance of Contractor’s work under this Agreement, shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor’s field.

Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re-performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re-performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.

In the event Contractor fails to perform in accordance with the above standard:

1. Contractor will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re-performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.

Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2. The City shall provide a new schedule for the re-performance of any task pursuant to this paragraph in the event that re-performance of a task within the original time limitations is not feasible; and

3. The City shall have the option to direct Contractor not to re-perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re-perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed.

No previous payment shall be considered a waiver of the City’s right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less, may be approved by the Contract Officer. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations as required by SB 854 and Labor Code 1725.5 and understands that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall ensure that its subcontractors comply with said requirements. Contractor shall comply with Labor Code Section 1771.4 and shall post all legally required job site notices. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime.

Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of _____________________________Dollars ($___________) (herein “Contract Sum”), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.

4.0 PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “B”, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.

4.3 Force Majeure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than _________________, 20__, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

5.3 Prohibition Against Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its subcontractors, agents, or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, subcontractors, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents, or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.

(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.

(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.0 INSURANCE, INDEMNIFICATION, AND BONDS

6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit “C” attached hereto and incorporated herein by this reference.

Conditions:

In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.

The City of La Habra, its officers, officials, employees, agents, and volunteers shall be named as additional insureds.

Prior to commencement of any work under this contract, Contractor shall deliver to the

City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses as set forth in Exhibit “C” attached hereto and incorporated herein by this reference.

Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement.