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CONTRACT 5703 Public Works Contract CLOSEDAgreement No. 5703 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND PACIFIC TENNIS COURTS EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 This CONTRACT is entered into this 8thday of May, 2019, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and Pacific Tennis Courts. ("the Contractor") IMVA'167.7;� A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the Contract betweerrthe City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Seventy -I OUr Thousand, Nine -Hundred, Eighty -Eight Dollars ($71,988.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within twenty (20) working days (the "Contract Time.") I -D-1 Agreement No. 5703 B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D, By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this Contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits I -D-2 Agreement No. 5703 of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent Contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to Contract for similar service to be performed for other employers while under Contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Citv Orlando Rodriguez Senior Civil Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 (310) 524-2252 The Contractor Phil Carter President Pacific Tennis Courts 530 Los Angeles Avenue, #115-320 Moorpark, CA 93021 (818)991-7445 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. I-13-3 Agreement No. 5703 There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. I -D-4 Agreement No. 5703 CITY - w EL ° UNDO Greg '-penter I'' ii Carter, President City anger Pacific Tennis Courts TT P ST: 4yrayWeaer, City Clerk APPROVED AS TO FORM: MARK D. I_IIENSI..,EY, City Attorney By: 4Daw�1. King, Loe Assistant City Attot iey Insurance u e R i ev ewed by: G- t04� I -D-5 Taxpayer ID No. 90-0897962 Contractor State License No.: 980738 Contractor City Business License No.: 41242 Agreement No. 5703 LABOR AND MATERIALS BOND EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Bond No. RCB0016773 Bond Fee: Listed on Performance Bond Pacific Tennis Courts, Inc. . as principal ("PRINCIPAL") and Contractors Bonding and Insurance Company a corporation incorporated under the laws of the State of' iirinois and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sure of SEVENTY-FOUR THOUSAND, NINE -HUNDRED, EIGHTY-EIGHT DOLLARS DOLLARS ($74,988.00), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to Contractors, Subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S Subcontractors for all materials, provisions, provender, or other Supplies, and equipment used in, upon, for or about the performance of the work contemplated in EL SEGUNDO BOULEVARD PARKING PILOT PROJECT, SPECIFICATIONS NO. PW 19-15 ("Public Project"), the Public Works Contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 19-15, and the Public Works Contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 19-15), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all Contractors, Subcontractors, and persons renting equipment. Agreement No. 5703 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the EI Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 19-15, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will re in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-1=-2 SIGNED AND SEALED this stn /CL,,'s n s Courts, Inc. PRI PRESIDENTmmITmm PRI CIPAL'S SECRETARY Agreement No. 5703 day of. .— -May ..............- 20 19... Contraot on ig and Insurance Co arty w WrSUM/Y's PRESIDI N/A RETY's SECRETARY N/A PRINCIPAL'S MAILING ADDRESS: SURETY'S MAILING ADDRESS: 530 E. Los Angeles Avenue, #115-320, 111 Pacifica, Suite 350, Moorpark, CA 93021 Irvine, CA 92618 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. Agreement No. 5703 Cofdffcde punuant to 995.640(a) Coda of C1vH Prmdm Of O State , County Clerk of the County I DEAN C. L �A of California, in and for said County DO HEREBY CERTIFY THAT has a certificate of authors as an lidmifted surety Issued' by e Nit rrtia Insurance Commissioner authorizing the insurer to trarnwct tsurwv m8 arance in the State of Calitomia, and that based on the recuros swwr� in the 0evartment 09 Insurance website, that authority has not been surrendereo, 10000, i;anceled, annulled, or suspended In Testimony Whe setWm o atitxea the seal of said Countyon 22 y � I ^�en�untt!y , ano an ��. COUNTY CLERK 1. r BY• :. Deputy County Clwk q, xW STATE OF CALIFORNIA County of Orange On May 9, 2019 before me, Irene Luong.................................................................................................................... Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Yung T. Mullick Name(s) of Signer(s) s BENE LUONG NotaryPublic- California ❑ Individual Orange County Commission `2207169 ❑ Corporate Officer—Title(s): My Comm Expires Jul 27, 2021 ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact A IJTIBPKIYI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin ragr h is true and correct. Witness my hand and Signature Place Nota Seal Above Si..mm.... t dart' 1 ublic P�i�................................................_� Notary ... grtak c o irO1UG" OPTIONAL --'' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the f6mi to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: w. .................................. Signer is Representing: Signer's Name. ❑ Individual ❑ Corporate Officer—Title(s): II • • II • ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact A IJTIBPKIYI - ❑ Trustee OF Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer is Representing: POWER OF ATTORNEY Agreement No. 5703 RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Yune T. Mullick. James W. Mokanen, Stenhanie Hoang; P. Austin Neff, Irene LuonLy, iointiv or severally in the City of Mission Vieio , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twentv Five, Million Dollars ( $25.0'00,000"00' ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 10th day of P,nril , 2019 . N���, �, 0,xu of1,, �, wywwwarar a1 ouxtasrr, ,�� acs oa41.w" "o°aPoT,,"e, SEAL SEAL State of Illinoisl �!!I`NIO`5wy,,, °apa�Wf, ggww�w } SS County of Peoria JJ) On this 10th day of Anril 2019 before me, a Notary Public, personally appeared Darton W. Davis who being by me duly swom, acknowledged that lie signed the above. Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t Gretchen L. Johnigk Notary Public KKJAWA GRETCHEN L JOHNIGK tPaoA�wruv "OFFICIALSEAL" i N'UI�KI6C "P ��r�'tB'� isarivav My Commission Expires May 26, 2020 RLI Insurance Company Contractors Bonding and Insurance Company By: Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com and/'or Cor t�r ctors Bond in and�surance f".'ompany this day of r�� RLI Insurance Company Contractors Bonding and Insurance Company By:� . leA4"4r,3 an Zvi ', teplacnson V Corporate Secretary 04566590202/2 A0058817 Auceempaut Anotary public orother officer completing this certificate verifiesonlythe CALIFORNIA ALL identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CERTIFICATE O F ............................................................................. State of California ) ACKNOWLEDGMENT County of On 0—S ��\dlb i� S+e No ............... before me, (here insert name and tit e of the officer) personally appeared _Pk .°....I � ate r who proved to me on the basis of satisfactory evidence to be the person(4whose name( is/are-subscribed to the within instrument and acknowledged to me that he/fieA44@y executed the same in his/weir authorized capacity(je5}, and that by his/ eir signatl on the instrument the person{s}, or the entity upon behalf of which the personO acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature `oC ��� ................. _......."I.......... OPTIONAL INFORMATION L. R. STOKKA , COMM. # 2197017 NOTARY PUBLIC o CALIFORNIA n }q 7+ VENTURA COUNTY Comm (wx("r MAY 13 2021 (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document hlV .N, rantl ,i II�N411tlI,WhIP ayIK(AIiI�puW fPV gLit.ls The preceding Certificate of Acknowledgment is attached to a document Method of signer Identification titled/for the purpose of .�nmb,ar— Gr,A N419—f-10- B6�4.. ................... .. containing pages, and dated )516 The signer(s) capacity or authority is/are as; ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Proved to me on the basis of satisfactory evidence: LO form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007-2014 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507, All Rights Reserved, Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form Premium is subject to change based on the final contract amount Agreement No. 5703 FAITHFUL PERFORMANCE BOND EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Bond No. RCB0016773 Bond Fee: $1,500.00 ("PRINCIPAL") Pacific Tennis Courts, Inc. andContractors Bonding and Insurance Company a corporation incorporated under the laws of the State of IIhnois _ _ _and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of SEVENTY-FOUR THOUSAND, NINE -HUNDRED, EIGHTY-EIGHT DOLLARS DOLLARS ($74,988.00), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 19-15, and the Public Works Contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 19-15, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING NO. PW 19-15) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required atnot.tnt of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's I -E-1 Agreement No. 5703 completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 19-15 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the tirne allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will rernain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E-2 SIGNED AND SEALED this stn_ iti° c n i s Courts, Inc. h,SIDENT PRINC PAL's SECRETARY Agreement No. 5703 day of May , 20 ...... ...._x..9 Contractors Bonding and Insuran ornpany lick, Attorney -in -Fact ..............._........ .. i Mu......._...� St : "T"Y's PRESH "N"T" NIA SURETY'S SECRETARY N/A PRINC IPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: 530 E Los Angeles Avenue, #115-320, 111 Pacifica, Suite 350, —......_.......... � .................. Moorpark, CA 93021 Irvine. CA 92618 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E-3 Agreement No. 5703 CoMedS PUfMMt tO MIS -60(8) C06 Of CIA PMSdM DEAN C. LOGAN rk of tho Countly 1, , , , ''., - - , , , Gourd Cle S'"tate of Califomile, Vin Nrid for sold Coutit"1 DO HEREBY CERTIFY THAT N4eoe"vs?,Xmkkoc as jjf6(hjr has a w1ficate &—au orfty , �11 �Mih i�uri Isuaid by th Ci Insurance Comm umoner authonzovi Me r;wurvr to ausiswu luidly inalutance In! the state of caldomia, allo thal Dawd on 010 fecoldb SMowl) it) 1he 00partmaill 0", Insuian, that aidbonly h" (Wi ow durfWKWOO, iwv0Md, (A1100,16di, anmited, or suWwWod. in, raftwy11 has !yM(w lot my opw slid 811W SM co"y on LA cwk Agreement No. 5703 ..... . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity id of that document. STATE OF CALIFORNIA County of Orange _._.. Luong ................ I Notary Public, On May 9, 2019 before me, Irene ............................................................................ Date Insert Name of Notary exactly as it appears on the official seal personally appeared Yung T. Mullick Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) "°`.�., IRENE I uoNG acted, executed the instrument. �y NotaryPublic-California Orange County I certify under PENALTY OF PERJURY under the laws of 4 4Commission � 2207169 the State of California that the foregoing paragraph is true ' 9 9p g p My Comm. Expires Jul 27, 2021 and correct. uu�Wwwx� Witness my hand a Ilial s Signature S.mr. cm Place Notary Seal Above ig a9urc, Nob vu ,NJ71g OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: ............. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Tltle(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer is Representing Signer is Representing. Top of thumb here POWER OF ATTORNEY Agreement No. 5703 RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Yung T. Mullick„ James W. Mokanen, Stephanie Hoang. P. Austin Neff. Irene Luong, iointiv or severallv in the City of Mission Vieio . State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twentv Five Million Dollars 000.000.00 8 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this IOth day of April ,, 2019 . "q,��,yytd AMBpµ�, d WW,S��a� E' 0+"lrr, M"Apo RAjdp wSEAL' .: , State Of Illinois l ^+"jryp15+""Lamino,+�"N" } SS County of Peoria ))) On this 10th day of Anril 2019 . before me, a Notary Public, personally appeared Barton W. Davis . who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Orrichen L. Iohnigk Notary Public GRETCHEN L JOHNIGK UlM1{Rr "OFFICIAL SEAL" �rnr` w �,luranrn!:5,My CommisslonExpires May 26, 2020 RLI Insurance Company Contractors Bonding and Insurance Company By: �6 � .-?�2 Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Co a rndlor C actors Bondi ai d, nsuran'ce t"r"ornpony phis day of 111,1 Insurance Company Contractors Bonding and Insurance Company By: Jean M tephenson Corporate Secretary 41 04566590202/2 A0058817 , A notary public or other officer completing this certificate verifies only the CALIFORNIA ALL-PURPOSE Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ................ CERTIFICATE OF State of California ) ACKNOWLEDGMENT County of Ak_\+%&r' .......... ) PL On�Z>� �........._........................_._ before me, / _.................�......._.. (here insert name and title of the officer) I personally appeared Pht t CAr+e-r_ who proved to me on the basis of satisfactory evidence to be the person(Q whose nameW is/,a-re subscribed to the within instrument and acknowledged to me that he/sheA*ep executed the same in his/h€4 their authorized capacity(es), and that by his/heF41nieir signature(s) on the instrument the person( -s , or the entity upon behalf of which the personks�-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the �„ r,,. ✓e. rr,,..* G„�,,�„�^ww...6w,.,�^"..Ja.,..++a..A�.,.h...,n.�L...+~n„,✓°,.,.+""r State of California that the foregoing paragraph is true and correct. 'i L. R. STOKKA COMM, # 2197017 °ig WITNESS my hand and official seal. Signature /p _ i� OPTIONAL INFORMATION JA,),:. r NOTARY PUBLIC • CP.LIPORNIA y VENTURA COUNTY f^p, xrx �:�"'"'n'+�•'u",.OM1 M.; �" `,�9° Comm (`'app MAY 1:9 2021 { (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. l Description of Attached Document T .... he preceding Certificate of Acknowledgment is attached to a document p� titled/forrrtpurpose ose of ..... Qll containing pages, and dated 65/601 /28 1I The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) .-............TL. itle(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: w.I's�Wifllt vpiu M up 6v iuI1M'0'�VX'x'�,wN!S"";%BMI11i�',t�4L%iN(�lI Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification Q credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) representing. Name(s) of Person(s) or Entity(ies) Signer is Representing ^ 0 Copyright 2007-2014 Notary Rotary, Inc, PO Box 41400, Des Moines, IA 50311-0507 All Rights Reserved Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form, Agreement No. 5703 PROPOSAL FOR THE EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Date 4/15 .2019 Company Name: Pacific Tennis Courts TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other Contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the Contract documents, access and any other field conditions which may affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further,agr6es that in the event of the BIDDER'S default in executing the required Contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of Contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. Agreement No. 5703 BIDDER certifies that in all previous Contracts or Subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFI' IRS' ATIV , ACTION Cf!,RTjFl C A-rj BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be Subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any Contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the Contract documents. NQNLQLj,JUSjQN AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C-2 Agreement No. 5703 BID SCHEDULE EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Company Name: Pacific Tennis Courts Base Bid Items ,,, .............. Unit Price - It.. _ ._...W ................................ em Total Item Description Estimated (in figures) (in figures) No. Unit Quantity Dollars/Cents Dollars/Cents 1 Mobilization/Demobilization LS 1 7> 5 �� v� �0✓ N/ 2 Temporary traffic control LS 1 3 pu11� 1 iTva, ul Remove striping, pavement 3 markings, pavement LS 1 q RV - markers, signs and sign q j Vr, lid posts Install striping, markings, 4 pavement markers, signs and LS 1 sign posts 1 T/ 5 Install Bollards LS 1 TOTAL BASE BID FOR ITEMS 1-5 IN FIGURES �-►0 TOTAL BASE BID FORITEMS 1-5 WRITTEN IN WORDS: ( P Palo% I -C -3a Agreement No. 5703 BIDDER'S INFORMATION Company Name: Pacific Tennis Courts BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) CA Business Pacific Tennis Courts Address 530 Los Angeles Ave #115-320 Moorpark, CA 93021 Telephone No. 818-991-7445 Facsimile No. 818-706-1951 State Contractor's License No. and Class 980738 A, 13, C-8 Original Date Issued 1/30/13 Expiration Date 1/31/2021 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: Phil Carter - President, VP, Treasurer, Secretary The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: N/A All current and prior DBA's, aliases, and/or fictitious business names for any principal havin�, an interest in this proposal are as follows: N/A I -C-4 Agreement No. 5703 BIDDER'S INFORMATION (CONTINUED) Company Name: Pacific Tennis Courts Bidder shall list the name of the person who alle ded..fie mandatory pre-bid job walk: Name: Phil Carter Title: President I -C-5 Agreement No. 5703 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this day of April 20 19 BIDDER v G Air— Subscribed and sworn to this NOTARY PUBLIC 1 T' tart' pyoe )Tit. oroIII x �sH'u t,a 1rpnal5tr^ling tlaa5 rr r'IiraCatr, only the, iidentety of tIao intd'"rvi't%teal �who signed the . C �,ir°,ao':% ^t~n wh'r61 thus cur%dfac„att u5 ilrtath4+d, and not the 1 11 ai1'I'aalm&55, vat uracy, or %A dAy of that ¢drag Urnent. STATE•OF CALIFORNIA COUNTY OF v'J Q -f \r k S 'bsertbed and sworn, dqq�,, (or �frrmod) afore 'me on this `dayod•,2p'by' M proved to ma on the basis of safistadory e0donce Io be the personor who appeared before me. .2 .12 (Signature of Notary) day of 0'. tib I -C-6 120 �A. L. %, STOKKA , •"' COMM # 2197017 NOTARY PUBLIC 6 CALIFORNIA o s� VENTURA COUNTY "" Comm Fxf . MAY 11 2021 Agreement No. 5703 PROPOSAL GUARANTEE BID BOND EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 KNOW ALL MEN BY THESE PRESENTS that, Pacific Tennis Courts, Inc. , as BIDDER, and Contractors Bonding and Insurance Company , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of ten percent of the total bid amount DOLLARS ($ 10% of total bide amount ),which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a Contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this stn day of April , 20 1s BIDDER* Pacific Tennis Courts, ,. 530 E. Los Angeles Avon T5-320, Moorpark, CA 93021, T: 818-991-7445 SURETY* Con ractors Bondi g and Insurance Company 111 Pacifica, Suite 350, Irvine, 618, T:949-341-9110 ng T. Mullick, Attorney -in -Fact The Bond Exchange and Insurance Agon 1600 Chrieante Drive, Suite 160, Minion Veto, CA 92691, T:949461-7000 Subscribed and sworn to this day of .20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C-7 Ao[88Dl8OtNO.570] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I (doA no ublic or other officer completing this certificate verifies only the identity of the individual who signed the ocl cument to which this c ertificate is a ttached, an d not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On April 9, 2019 before me, Date U v personally appeared Notary Public -California -wq Orange County Commission 41 2207' 69 My Comm. Expires Jul Place Notary Seal Above Irene.-L-Y"ong .Notary Public, / Insert Name mNotary exactly asuappears on the official mea[ Yung T.K4uUiok Name(s) ofoigmr(s) ' who proved to me on the basis ofsatisfactory be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/he0their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the 'instrument, . | certify under PENALTY OF PERJURY under the State of California Pthate foregoing p gr h is true and correct. Witness my hand and o, I al, Signature f Not Public Irene Lun OPTIONAL Though the information law, it may prove valuable to persons re yj ng on the document and could prevent fraudulent removal and reattachment m/the form toanother document, Description of Attached Document Title o/Type ofDocumard� Document Date: Number wfPagua� Signer(s) Other Than Named Above: Capocity(ies)Claimed bySi0nwrhm � Signer's Name: � U Individual OCorporate Officer --Titls(a):......... _ [] Partner El Limited 0Genene| LJ Attorney in Fact � [] Trustee F] Guardian orConservator D Other: _ Signer's Nama�__ [] Individual U Corporate Officer --llUe(e)�. _ 0 Partner El Limited [] General LJ Attorney inFact [] Trustee Top of thumb here [] Guardian »rConservator Top of thumb here Signer is Representing: Signer is Representing: POWER OF ATTORNEY Agreement No. 5703 RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: James W. Moilanen, Yung T. Mullick, Stenbanie Hoane,, P. Austin Neff, jointly or severally in the City of Mission Viejo , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twentv Five Million Dollars (__$Z&000„000.00 l for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.” IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 26th day of February 2019 . h.IP �,aaruai�� � F ". c9,ll raa4r°e�ry,r " SEA State of Illinois } SS County of Peoria J On this h day of 1"chrupry . , before nye, a Notary Public., personally appeared Barton W. Daavil_ who lyciaag by nae duly mvorn, acknowledged that lie signed the above Power dal' Attorney^ as the aforesaid officer of the RLI 'I'nsurance Company and/or Contractors Bonding and Insurance Company and acknowledged said 'instrument to be the voluntary act and deed of said corporation. By: t r y Gretchen L. Johnigk Notary Public ... ---- ---- a .. GRETCHEN L JOHNIGK �n "OFFICIAL SEAL" U INO y My Commission Expires �'law May 20, 2020 VVVTVTV RLI Insurance Company Contractors Bonding and Insurance Company Barton W. Davis Vice President CERTIFICATE 1, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company„ do Hereby certify that the attached Power of Attomey is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this day of rs ,- RLI Insurance Company / Contractors Bonding and Insurance Company By: A464WV3 Jean M. � tcphenson Corporate Secretary 04754120202J2 A0058817 Agreement No. 5703 No. 3000-7 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Contractors Bonding and Insurance Company of lilinois, organized under the laws oflllinois, subject to its Articles oflncorporation or otherfundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, Team and Vehicle, Automobile, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 200 day of March, 2015, I have hereunto set my hand and caused my official seal to be affixed this 201' day of March, 2015. Dave Jones 1n awe C—Missioner By Valerie Sarfaty for Nettie Hoge Chief Depury NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 0906780.1 Agreement No. 5703 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 980738 Class No.: A, B, C-8 2. The expiration date of BIDDER'S Contractor License is: January 31 "20 21 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed Contractor shall not submit a bid to a public agency unless his or her Contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on 4/15 . 20 199, at Moorpark CA (insert City and State where Declaration signed). Signatr m•e Phil Carter Typed Name President Title Pacific Tennis Courts Company Name I -C-8 Agreement No. 5703 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) Phil Carter ,, being first duly sworn, deposes and say that he or she is President of Pacific Tennis Courts the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Phil Carter Typed Name President Title I -C-9 Pacific Tennis Courts Name of Bidder/Company Name 4/15/19 Date Agreement No. 5703 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the erfo rmance of the work of this Contract." Signature of Bidder: Title: President Business Name: Pacific Tennis Courts Business Address: 530 Los Angeles Ave #115-320 Moorpark, CA93021 Telephone Number: 818 991-7445 p )—...._.. ................................ Dated this 15th day of April 20 19 I -C-10 Agreement No. 5703 BIDDER'S CERTIFICATION OF SUBCONTRACTORS EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: 19-15 Company Name: Pacific Tennis courts As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. .... .w ....... ,.�....,...._........................_.........-- Subcontractor's Contractor License Name of No. & DIR Subcontractor Address Registration No. (Number and Street) (CSLB #) N/A (City, Zip Code) I (DIR#) Description of Portion of Work Estimated Subcontracted $ Amount I R (Ma copies o t age if additional space is needed) .1 4/15/19 ignature of Bidder Date I -C-11 Agreement No. 5703 REFERENCES Company Name: Pacific Tennis Courts The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime Contractor or major Subcontractor within the past five (5) years: 1. Project Title: See attached references Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ ........ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? I -C-12 3. Project Title: Location: Name and address of owner Agreement No. 5703 Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? 4. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? I -C-13 Agreement No. 5703 Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ ................ Did your firm have any financial interest in Project? __, Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Contractors Bonding and Insurance Company - 111wPacifica Ste 350. Irvine, CA 92618- 949.341.9110 I -C-14 Agreement No. 5703 PACIFIC'TENNIS COURTS, INC. 530 LOS ANGELES AVE., STE. 115-320 MOORPARK, CA 93021 818-707-3797 818-706-1951 FAX References 1. City of Fountain Valley 10200 Slater Ave. Fountain Valley, CA 92708 Contact: John Nguyen (Assistant Engineer) Phone (714) 593-4443 Fax (714) 593-4554 Email:john.nguyen@fountainvalley.org Project Name: La Capilla Park Basketball Courts Improvements Project Location: La Capilla Park Scope of Work: New Basketball Courts, Including Walkways, Sidewalks, & Curb Ramps. Project Value: $ 138,001.00 Completion: 10/08/2015 2. City of Coronado 1825 Strand Way Coronado, CA 92118 Contact: Katie Odiorne (Project Engineer) Phone (619) 522-2424 Email: kodiorne@coronado.ca.us Project Name: Tennis Court Repair Project Project Location: Various Locations, Coronado, CA Scope of Work: Sixteen (16) Tennis Courts Project Value: $170,913.00 Completion: 09/10/2015 3. Palm Springs Unified School District 980 E. Tahquitz Canyon Way Palm Springs, CA 92262 Contact: Michael Hoch (Sr. Project Manager) Phone (760) 238-6090 Office (949) 212-3523 Email: michaelh@anotherperspectiveinc.com Project Name: 2015 Tennis Court Resurfacing Project Project Location: Cathedral High School, Palm Springs High School, & Desert Hot Springs High School Scope of Work: Thirteen (13) Tennis Court Project Value: $ 91,901.00 Completion: 07/30/2015 CONTRACTORS LICENSE NUMBER: CALIFORNIA: 980738 Agreement No. 5703 PACIFIC rENNIS COURM INC. 530 LOS ANGELES AVE., STE. 115-320 MOORPARK CA 93021 818-707-3797 818-706-1951 FAX 4. City of Mission Viejo 27204 La Paz Road Mission Viejo, CA 92692 Contact: Jerry Hill Phone (949) 470-3085 Fax (949) 455-2589 Email: jhill@cityofmissionviejo.org Project Name: Bocce Ball Courts at Oso Viejo Community Park Project Location: Oso Viejo Community Park Scope of Work: Bocce Ball Courts, including Irrigation System, Landscape, and other site work Value: $ 174,388.00 Completion: 1/25/2016 5. Grossmont Union High School District Post Office Box 1043 La Mesa, CA 91944 Contact: John Foster Phone (619) 572-6417 Fax (619) 321-4953 Email: Jmfoster@sundt.com Project Name: Granite Hills Tennis/Basketball Court Repair, CN -352 Project Location: Granite Hills High School, La Mesa, CA Scope of Work: Repair and Resurface Twelve (12) Tennis Courts and Four (4) Basketball Courts Value: $ 222,222.00 Completion: 1/25/2016 6. Bel Air Bay Club 16801 Pacific Coast Highway Pacific Palisades, CA 90272 Contact: Brennan Cassidy Phone (310) 230-4773 Cell (310) 651-6816 Email: bcassidy@belairbayclub.com Project Name: Paddle Tennis Courts Repair Project Location: Bel Air Bay Club Scope of Work: Repair and Resurface Seven (7) Paddle Tennis Courts Value: $ 29,500.00 Completion: 11/2015 CONTRACTORS LICENSE NUMBER: CALIFORNIA: 980738 Agreement No. 5703 PACIFIC TENNIS COURTS, INC. 530 LOS ANGELES AVE., STE, 115-320 MOORPARK, CA 93021 818-707-3797 818-706-1951 FAX 7. City of Avalon 410 Avalon Canyon Road Avalon, CA 90704 Contact: Project Name: Project Location: Scope of Work: Project Value: Completion: Dan Huncke Cell: (310) 912-0447 Email: dhuncke@cityofavalon.com Avalon Canyon Fit Trail Project Across the street from City Hall 410 Avalon Canyon Road Install fitness zone $229,922.00 12/2016 8. Disneyland Subcontractor for Mission Paving and Sealing, Inc. 1580 S. Disneyland Drive Anaheim, CA 92802 Contact: Mike Miller @ Mission Paving Office (626) 452-8200 Cell 626-831-4343 Email: mike@missionpaving.com Project Name: Avalon Canyon Fit Trail Project Project Location: Pinocchio Parking Lot Disneyland Scope of Work: Color coating of asphalt Project Value: $40,000.00 Completion: 12/8/2016 9. City of Santa Ana 20 Civic Center Plaza Post Office Box 1988 Santa Ana, CA 92702 Contact: Michael Ortiz, Construction Manager Office (714) 647-5624 Cell (714) 615-0892 Email: mortiz@santa-ana.org Project Name: Riverview, Cabrillo & Windsor Court Resurfacing Project Location: Above three parks in City of Santa Ana Scope of Work: Color coating, new courts, and site work Project Value: $287,417.00 Completion: 01/2017 CONTRACTORS LICENSE NUMBER: CALIFORNIA 980738 Agreement No. 5703 PACIFIC TENNIS COURTS, INC. 530 LOS ANGELES AVE., STE. 115-320 MOORPARK, CA 93021 818-707-3797 818-706-1951 FAX 10. Fritz Burns Park 78107 Avenue 52 La Quinta, CA 92253 Contact: L. R. St. Sauver (760) 777-7048 (C) (760)275-2143 Project Name: Fritz Burns Park- Tennis & Pickleball Court Conversion Project Location: Fritz Buns Park 78100 Francis Hack Ln. La Quinta Scope of Work: Create (2) two full size tennis courts. Convert (1) tennis court into (4) pickleball courts. Resurface/strip (5) tennis 12. Resource Conservation District of the Santa Monica Mountains 540 South Topanga Canyon Blvd. Topanga, CA 90290 Contact: Mark Abramson (310) 490-0279 Project Name: Construction of Liberty Canyon Wildlife Passage Project Santa Monica, CA Project Location: Liberty Canyon, Agoura Hills Scope of Work: Remove existing fence. Install reclaimed water main line. Install inline drip irrigation. Install step pool. Project Value: $425,500.00 Completion: 11/2017 CONTRACTORS LICENSE NUMBER: CALIFORNIA: 980738 courts Project Value: $366,882.44 Completion: 11/2017 11. Compton USD 429 Oleander St. Compton, CA 90220 Contact: Antonio Villarruel (818) 756-0425 Project Name: New Tennis Court Improvements Centennial High School Project Location: 2602 N. Central Ave. Compton, CA Scope of Work: Install chain link fence & gates. Bleachers. Joint sealants. Playfield equipment. Project Value: $723,039.30 Completion: 11/2017 12. Resource Conservation District of the Santa Monica Mountains 540 South Topanga Canyon Blvd. Topanga, CA 90290 Contact: Mark Abramson (310) 490-0279 Project Name: Construction of Liberty Canyon Wildlife Passage Project Santa Monica, CA Project Location: Liberty Canyon, Agoura Hills Scope of Work: Remove existing fence. Install reclaimed water main line. Install inline drip irrigation. Install step pool. Project Value: $425,500.00 Completion: 11/2017 CONTRACTORS LICENSE NUMBER: CALIFORNIA: 980738 Agreement No. 5703 PACIFIC TENNIS COURTS, INC. 530 LOS ANGELES AVE., STE. 115-320 MOORPARK, CA 93021 818-707-3797 818-706-1951 FAX 13. Rancho Simi Community Park Pickleball Court Project 1765 Royal Ave. Simi Valley, CA 93065 Contact: Tom Evans (805) 584-4422 Project Name: Rancho Simi Community Park Pickleball Court Project Project Location: Simi Valley, CA Scope of Work: Tennis Court to Pickleball conversion (8 courts) Project Value: $125,000.00 Completion: 5/2018 14.Sport Court Resurfacing City of Ontario 303 East "B" Street Ontario, CA 91764-4196 Contact: Roberto Perez (909) 395-2627 Project Name: Sport Court Resurfacing City of Ontario Project Location: Bon View Park Ontario, CA. Centennial Park Ontario, Ca. Creekside Park Ontario, Ca, Scope of Work: Resurface repair (5) five tennis courts Project Value: $25,200.00 Completion: 11/2017 15. City of Santa Ana 20 Civic Center Plaza Post Office Box 1988 Santa Ana, CA 92702 Contact: Michael Ortiz, Construction Manager Office (714) 647-5624 Cell (714) 615-0892 Email: mortiz@santa-ana.org Project Name: Riverview, Cabrillo & Windsor Court Resurfacing Project Location: Above three parks in City of Santa Ana Scope of Work: Color coating, new courts, and site work Project Value: $287,417.00 Completion: 01/2017 16.Griffin Club Los Angeles 3084 Motor Ave. Los Angeles, CA 90064 Contact: John Myers (310) 558-6420 Email: jmyers@griffinclubla.com Project Name: Resurfacing and Fencing Project Location: 3084 Motor Ave. Los Angeles, CA 90064 Scope of Work: Resurfacing of 3 tennis courts, fencing, and windscreens Project Value: $26,000 Completion: 05/2018 CONTRACTORS LICENSE NUMBER: CALIFORNIA: 980738 Agreement No. 5703 PACIFIC TENNIS COURTS. INC. 530 LOS ANGELES AVE., STE. 115-320 MOORPARK, CA 93021 818-707-3797 818-706-1951 FAX 17. City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Contact: Diane Hollinger (760) 776-6444 Email: dhollinger@cityofpalmdesert.org Project Name: 2016 Basketball Court Resurfacing Project Location: Freedom Park — 77-400 Country Club Dr, Palm Desert Civic Center Park — 73-510 Fred Waring Dr. Palm Desert Scope of Work: Resurfacing, Color Coating, Site Work Project Value: $63,333 Completion: 07/2016 CONTRACTORS LICENSE NUMBER: CALIFORNIA; 980738 Agreement No. 5703 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Company Name: Pacific Tennis Courts Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government Contract? Yes ❑ No 0 1 If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ❑ No Iz Bidder's Signature Phil Carter Name (Please Print) I -C-15 Agreement No. 5703 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Company Name: Pacific Tennis Courts To be awarded this Contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tvoe of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A: VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City'sZB to provide this insurance will render the bidder's proposal "nonresponsive." 4/15/19 Date _.... ature I -C-16 Agreement No. 5703 CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR ELS SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 http://www.elsegundo.org/depts/works/bids rfps.asp http://v ww.elsegundo.org/depts/works/project_request_Contact_form.asp MANDATORY PRE-BID MEETING TUESDAY, APRIL 9, 2019 AT 10:00 AM IN CITY COUNCIL CHAMBERS BIDS DUE TUESDAY, APRIL 16, 2019 AT 11:00 AM Agreement No. 5703 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, APRIL 16, 2019 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED a Agreement No. 5703 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages II -B-22 thru II -B-25 "LIABILITY INSURANCE", ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING A BID PACKAGE. The Contractor will be required to apply and obtain an Encroachment Permit from the City Public Works Department as well as any applicable Building/Safety Permit from the City Building Planning and Building Safety Department. The permits will be issued on a "no -fee" basis. The Contractor shall be responsible for calling the Building Safety Division for inspections. All noted deficiencies shall be corrected by the Contractor. The project will not be accepted as complete until the Contractor obtains a final sign -off from the Department of Planning and Building Safety. 3 Agreement No. 5703 TABLE OF CONTENTS SECTION I — LEGAL A. NOTICE INVITING SEALED BIDS B. BIDDING INSTRUCTIONS 1. DEFINITIONS 2. BIDDER'S REPRESENTATIONS 3. BIDDING DOCUMENTS 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 5. PRODUCT SUBSTITUTIONS 6. SUBCONTRACTORS 7. ADDENDA 8. PRE-BID CONFERENCE 9. FORM AND STYLE OF BIDS 10. BID SECURITY 11. MODIFICATION OR WITHDRAWAL OF BID 12. OPENING OF BIDS 13. REJECTION OF BIDS 14. AWARD C. PROPOSAL 1. PROPOSAL, FIRST PAGE 2. BID SCHEDULES a. BASE BID ITEMS 3. BIDDER'S INFORMATION 4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT 5, PROPOSAL GUARANTEE BID BOND 6. CONTRACTOR'S LICENSE DECLARATION 7. NON -COLLUSION AFFIDAVIT 8. WORKER'S COMPENSATION CERTIFICATION 9. DESIGNATION OF SUBCONTRACTORS 10. REFERENCES 11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS 11. INSURANCE REQUIREMENTS D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT E. FAITHFUL PERFORMANCE BOND PAGE I -A-1 TO A-3 I -B-1 TO B-8 I -B- I I -B- I I -B-2 I -B-2 I -B-3 I -B-3 I -B-3 I -B-3 I -B-4 I -B-5 I -B-6 I -B-6 I -B-6 I -B-6 to 8 I -C -I TO C-17 I -C -3a I -C-4 I -C-6 I -C-7 I -C-8 I -C-9 I -C-10 I -C-11 I -C-12 I -C-15 I -C-16 I -D-1 TO D-5 I -E-1 TO E-3 F. MATERIAL AND LABOR BOND I -F -I TO F-3 Agreement No. 5703 SECTION II — GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS II -A -I TO A-2 1. REGISTRATION OF CONTRACTORS II -A-1 2. INSURANCE AND CITY BUSINESS LICENSE II -A-1 3. EMERGENCY INFORMATION II -A-1 4. FURNISHING OF WATER II -A -I 5. CALIFORNIA — OCCUPATIONAL SAFETY 1-2 AND HEALTH ADMINISTRATION II -A-1 6. SOUND CONTROL II -A -I 7. AIR POLLUTION CONTROL II -A-2 8. WORKER UNIFORMS II -A-2 B. GENERAL PROVISIONS II -B-1 TO B-32 0-0 STANDARD SPECIFICATIONS II -B-1 0-1 GENERAL II -B-1 0-2 NUMBERING OF SECTIONS II -B-1 1-2 DEFINITIONS II -B -I 1-2.1 ADDITIONAL DEFINITIONS II -B-1 1-3 ABBREVIATIONS II -B-2 2-0 SCOPE AND CONTROL OF WORK II -B-2 2-1.1 ACCESS TO PROJECT SITE II -B-2 2-1.2 OWNERSHIP AND USE OF CONTRACT II -B-2 DOCUMENTS 2-3 SUBCONTRACTS II -B-3 2-3.1 GENERAL II -B-3 2-3.2 ADDITIONAL RESPONSIBILITY II -B-4 2-4 CONTRACT BONDS II -B-4 2-5 PLANS AND SPECIFICATIONS II -B-4 2-5.1 GENERAL II -B-4 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS II -B-5 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS II -B-5 2-8 RIGHT-OF-WAY II -B-5 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES II -B-5 2-9 SURVEYING II -B-6 2-9.3 SURVEY SERVICE II -B-6 2-9.3.1 CONSTRUCTION SURVEYING II -B-6 2-9.3.2 MEASUREMENT AND PAYMENT II -B-6 3-3.2.2 BASIS FOR ESTABLISHING COSTS II -B-6 3-3.2.3 MARK UP II -B-6 M Agreement No. 5703 SECTION II — GENERAL REQUIREMENTS (Continued) PAGE 3-3.3 DAILY REPORTS BY CONTRACTOR II -B-7 3-4 CHANGED CONDITIONS II -B-7 3-5 DISPUTED WORK II -B-8 4-1.3 INSPECTION REQUIREMENTS II -B-8 4-1.3.1 GENERAL II -B-8 4-1.6 TRADE NAMES OR EQUALS 11-B-9 5-2 PROTECTION II -B-10 5-2.1 INCORRECT LOCATION OF UTILITIES II -B-10 5-4 RELOCATION II -B-10 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL II -B-10 OR RELOCATION 5-5 DELAYS II -B-10 5-5.1 CALCULATING IDLE TIME II -B-10 6-1 CONSTRUCTION SCHEDULE AND II -B-10 COMMENCEMENT OF WORK 6-1.1 CONTRACT SCHEDULE II -B-11 6-1.2 CONTENT OF CONTRACT SCHEDULE II -B-11 6-1.3 EFFECT OF CONTRACT SCHEDULE II -B-11 6-1.4 COMMENCEMENT OF CONTRACT TIME II -B-12 6-4 DEFAULT BY CONTRACTOR II -B-12 6-4.1 GENERAL II -B-12 6-4.2 TERMINATION OF CONTRACTOR'S II -B-13 CONTROL OVER THE WORK 6-4.3 SURETY'S ASSUMPTION OF CONTROL II -B-13 6-6 DELAYS AND EXTENSIONS OF TIME II -B-14 6-6.1 GENERAL II -B-14 6-6.2 EXTENSION OF TIME II -B-14 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR II -B-14 6-6.4 WRITTEN NOTICE AND REPORT II -B-14 6-7.2 WORK DAYS AND WORKING HOURS II -B-15 6-7.4 NIGHT WORK II -B-15 6-7.5 WEEKEND AND HOLIDAY WORK II -B-16 6-8 COMPLETION AND ACCEPTANCE II -B-16 6-8.1 GENERAL GUARANTY II -B-16 6-9 LIQUIDATED DAMAGES II -B-16 6-9.1 FAILURE TO COMPLETE WORK ON TIME II -B-16 6-11 DISPUTES AND CLAIMS; PROCEDURE II -B-17 6-11.1 GENERAL II -B-17 6-11.2 FORM II -B-17 Agreement No. 5703 SECTION II — GENERAL REQUIREMENTS (Continued) 6-11.3 CLAIMS SUBMITTED TO ENGINEER 6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY 6-11.5 DECISION ON CLAIMS 6-11.6 APPEAL OF ENGINEER'S DECISION 6-11.7 MEDIATION 6-11.8 ARBITRATION 6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING 6-11.10 APPEAL TO SUPERIOR COURT; WAIVER OF JURY TRIAL 6-11.10 AB 626 CLAIMS; PROCESS 7-2 LABOR 7-2.3 PREVAILING WAGES 7-2.4 RECORD OF WAGES PAID; INSPECTION 7-3 LIABILITY INSURANCE 7-3.1 GENERAL 7-3.2 INDEMNIFICATION AND DEFENSE 7-5 PERMITS 7-8.1 CLEAN UP AND DUST CONTROL 7-8.1.1 GENERAL 7-8.1.2 WATERING 7-8.6 WATER POLLUTION CONTROL 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 TRAFFIC AND ACCESS 7-10.2 STREET CLOSURES, DETOURS, BARRICADES 7-10.5 PROTECTION OF THE PUBLIC 7-15 HAZARDOUS MATERIAL 9-2 LUMP SUM WORK 9-3.2 PARTIAL AND FINAL PAYMENTS 9.3.3 DELIVERED MATERIALS 100- 1 TERMINATION OF AGENCY LIABILITY iv PAGE II -B-18 II -B-19 II -B-19 II -B-19 II -13-20 II -B-20 II -B-20 II -B-20 II -B-21 II -B-21 II -B-21 II -B-22 II -13-22 II -B-22 II -B-25 II -13-26 II -B-26 II -B-26 II -13-26 II -B-26 II -B-27 II -B-28 II -B-28 II -B-28 II -B-29 II -B-29 II -B-30 II -B-30 II -B-32 II -B-32 Agreement No. 5703 SECTION III - SPECIAL PROVISIONS PAGE 1-0 GENERAL SCOPE, TIME FOR COMPLETION 1-0. BASE BID ITEMS 2-0. PROGRESS PAYMENT IV -A-1 IV -A-1 SECTION V - TECHNICAL SPECIFICATIONS APPENDICES APPENDIX A: PROJECT PLANS APPENDIX B: CALTRANS SPECIFICATIONS v AND LOCATION OF WORK III -A-1 2-0. NOTIFICATIONS III -A-1 3-0. MOBILIZATION III -A-2 4-0. WORK SCHEDULE III -A-4 5-0. STANDARDS III -A-4 6-0. EXAMINATION OF JOB SITE III -A-4 7-0. INSPECTION III -A-4 8-0. USE OF PRIVATE PROPERTY III -A-5 9-0. STORAGE OF MATERIALS AND EQUIPMENT III -A-5 10-0. DISPOSAL OF REMOVALS III -A-5 11-0, QUALITY ASSURANCE III -A-5 12-0, COMPLETION III -A-6 13-0, WARRANTY III -A-6 SECTION IV - MEASUREMENT AND PAYMENT PAGE 1-0. BASE BID ITEMS 2-0. PROGRESS PAYMENT IV -A-1 IV -A-1 SECTION V - TECHNICAL SPECIFICATIONS APPENDICES APPENDIX A: PROJECT PLANS APPENDIX B: CALTRANS SPECIFICATIONS v Agreement No. 5703 NOTICE INVITING SEALED BIDS FOR THE EL SEGUNDO BOULEVARD PARKING PILOT PROJECT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 19-15 The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main Street, El Segundo, California 90245, until 11:00 a.m. on: TUESDAY, APRIL 16, 2019 at which time they will be publicly opened. Bids will not be accepted after that time. As described in the Bidding Documents, the bids are for a Public Works project ("Project") which consists of on -street parking on El Segundo Boulevard and related work as shown on the plans on file with the City's Public Works Department. The project location is on El Segundo Boulevard, between Main Street and Penn Street. Construction shall include but not be limited to the installation of striping, markings, pavement markers, signs and sign posts. Work on the Project must be performed in strict conformity with Specifications No. PW 19-15 as adopted by the El Segundo City Council on March 5, 2019, which is filed with the Public Works Department. Copies of the Plans, Specifications, Contract Documents and Engineer's estimate are available from the Engineering Division of the Public Works Department, City of El Segundo, 350 Main Street, El Segundo, California, 90245. Plans and Specifications are alternately available electronically via http://www.elsegundo.org/depts/works/project_request_Contact form.asp. A pre-bid meeting is scheduled for Tuesday, April 9, 2019 at 10:00 AM, at the City Hall Council Chambers at 350 Main Street, El Segundo, CA 90245. Bidders' attendance at this meeting is mandatory. Questions regarding the bid shall be submitted by 6:00 pm on Wednesday, April 10, 2019 to http://www.elsegundo.org/depts/works/project_request_Contact form.asp. The terms and conditions for bidding on the Project are described in the attached Bidding Instructions. This project requires payment of State prevailing rates of wages for Los Angeles County. The Contractor must post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov. VNIN Agreement No. 5703 The Contractor to whom the Contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375. Any Contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of Contract. Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be non-responsive. Five percent (5%) will be deducted from each progress payment and retained by the City. The remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to Public Contracts Code ("PCC") § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor's request. In entering into a Public Works Contract, or a Subcontract, to supply goods, services, or materials pursuant to a Public Works Contract, the Contractor, or Subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Public Works Contract or the Subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed envelope plainly marked on the outside: "SEALED BIDS FOR PROJECT NO.: PW 19-15 EL SEGUNDO BOULEVARD PARKING PILOT PROJECT IN THE CITY OF EL SEGUNDO I -A-2 Agreement No. 5703 DO NOT OPEN WITH REGULAR MAIL" The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an amount no less than ten percent (10%) of the amount bid for the base Contract. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the State Business and Professions Code. For these projects, those acceptable classes of license shall be "A". The successful Contractor and his Subcontractors will be required to possess the correct license for their project classifications, and valid City Business Licenses from the City of El Segundo. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. Any Contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written Contract has been duly executed by the appropriate officer(s) of the City of El Segundo. DATED this 28th day of March, 2019. CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk [-A-3 Agreement No. 5703 BIDDING INSTRUCTIONS DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents. 1.1 "Addenda" means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.2 "Alternate" means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both. 1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda. 1.4 "Bidder" means a person or firm that submits a Bid. 1.5 "Bidding Documents" means the construction documents prepared and issued for bidding purposes including all Addenda. 1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates. 1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement. 2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that: 2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents. 2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents. 2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents. 2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor's State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for Contractors. If a Bidder, that is a specialty Contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty Contractor license, Bidder must also hold a General Engineering Contractor "A" license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade. 2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity a • I Agreement No. 5703 bringing the action was duly licensed in the proper classification of Contractors at all times during the performance of any act or Contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents. 2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder's behalf. 2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work. 2.9 The Bidder has paid the City's business license fee(s) 2.10 The Bidder, per SB 854 requirements for public projects, has registered with and paid their annual fee to the California State Department of Industrial Relations. Information about SB 854 and its requirements can be found at this link: http://www.dir.ca.gov/Public-Works/SB854.html 3. BIDDING DOCUMENTS 3.1 Bidders may obtain complete sets of the Bidding Documents from the City's Public Works Department for the sum stated in the Notice for Bids. 3.2 Bidders will use a complete set of Bidding Documents in preparing Bids. 3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents. 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS. 4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City's Representative errors, inconsistencies, or ambiguities discovered. 4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City's Representative. 4.2.1 The release of the bid package begins a quiet period for potential Bidders participating in this project. The City of E1 Segundo realizes it is critical to provide Bidders with a vehicle to ask questions so that quality responses can be prepared. Questions must be submitted in writing to project managers via the City website: lura: 'e r�vw.else ��� lo, :br' l lei ts'l "ol"ICS�nro ect rec nest contact lorm.asp. Responses to all questions will be provided in writing to all Bidders in accordance with the schedule below. We will not identify companies or individuals that pose questions. Potential bidders must not call City of El Agreement No. 5703 Segundo employees to discuss potential projects or ask questions regarding the bid. Questions Due by 6:00 pm, Wednesday, April 10, 2019 Questions Answered by 6:00 pm Thursday, April 11, 2019 4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders must not rely upon them. PRODUCT SUBSTITUTIONS. Substitutions will only be considered before award of the Contract and as provided for in the Contract Documents. 6. SUBCONTRACTORS. 6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor's business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so. 6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City's written consent in accordance with California law. 7. ADDENDA. 7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda. 7.2 Copies of Addenda will be made available for inspection at the City's Public Works Department. 7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline. 7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid. 8. PRE-BID CONFERENCE. Bidder will attend a Pre -Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre -Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre -Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be ZMJ Agreement No. 5703 rejected. 9. FORM AND STYLE OF BIDS 9.1 Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City's Bid Form will be rejected. 9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter. 9.3 Bidder's failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter "No Change." 9.4 Each Bidder must fill out the `Bidders Statement of Past Contract Disqualifications" form stating any and all instances of Contract disqualifications due to a violation of a law or safety regulation. The Bidder must explain the circumstances of each disqualification. The City may reject the bid based on such information. 9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner. 9.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for according to the unit or lump sum price established for such work under the Contract, wherever such unit or lump sum price has been established. In the event no prices are named in the Contract to cover such changes or alterations, the cost of such changes must be covered as extra work. 9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a Contract. Bidder's Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected. 9.8 Bids must be submitted in writing on the Proposal forms provided by the City of El Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the bidders. Bidders are required to submit one (1) original set of the proposal forms. All information requested therein must be clearly and legibly set forth in the manner and form indicated. 9.9 Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other Contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submissions of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other Contract documents shall be called to the attention of the City of El Segundo and clarified prior to the submission of proposals. Agreement No. 5703 10. BID SECURITY 10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder's obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to "City of El Segundo." When a Bond is used for Bid Security, failure to use the City's Bid Bond form will result in the rejection of the Bid. 10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work. 10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, "Insurers Admitted to Transact Surety Insurance in This State." 10.4 The City will retain Bid Security until the occurrence of one of the following: 10.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City. 10.4.2 The specified time has elapsed during which Bids may be withdrawn. 10.4.3 All Bids have been rejected. 10.5 The Bid Form, Bid Security, and all other documents required to be submitted with the Bid must be enclosed in a sealed opaque envelope. The envelope must be addressed to the City Clerk. The envelope must be identified with the Bidder's name and address, and identify the Project for which the Bid is submitted, as follows: "SEALED BIDS FOR PW 19-15: EL SEGUNDO BOULEVARD PARKING PILOT PROJECT. DO NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or delivered by messenger. 10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will be returned to Bidder unopened. 10.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids. 10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted. 10.9 All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws related to bids for Contracts of this nature whether the same is expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other Contract documents, and to full compliance therewith. 11. MODIFICATION OR WITHDRAWAL OF BID. 11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice EM, Agreement No. 5703 of such action will be given to the City in writing and signed by the Bidder's authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid. 11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements. 11.13 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted. 11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders. 11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the proposal guarantee. 11.16 The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. 11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City Business License, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 11.18 No mention shall be made in the proposal of the cost of bonds as all amounts bid will be deemed and held to include any such costs, which may be applicable. 12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly. 13. REJECTION OF BIDS. 13.1 The City will have the right to reject all Bids. 13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular. 13.2.1 Unrequested/unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 13.3 In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to Subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code. 14. AWARD 14.1 The City may retain all bids for a period of ninety (90) days for examination and comparison, and to delete any portion of the work from the Contract. 14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City. 14.3 The City will have the right to accept Alternates in any order or combination, I -B-6 Agreement No. 5703 unless otherwise specifically provided in the Bidding Documents. 14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the "multiplier" as stated in the Bid Form, plus the amounts of all accepted Alternates. 14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City's maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City's notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items: 14.5.1 Two originals of the Agreement signed by Bidder. 14.5.2 One original of the Payment Bond. 14.5.3 One original of the Performance Bond. 14.5.4 Certificates of Insurance on form provided by the City. 14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders' company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references. 14.5.6 Preliminary Contract Schedule. 14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention. 14.5.8 Cost Breakdown. 14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract. 14.7 If Bidder submits the original signed Agreements and all other items within ten (10) days after receiving the City's notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder. Agreement No. 5703 14.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City's notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder's Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids. RM Agreement No. 5703 PROPOSAL FOR THE EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Date A 20 Company Name: TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other Contract documents. Submittal of this bid shall be- considered evidence that the BIDDER has satisfied himself regarding the Contract documents, access and any other field conditions which may affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required Contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of Contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of EI Segundo's option, be considered null and void. Agreement No. 5703 T.9b11'1aO1t 1TV COMPLIANCL BIDDER certifies that in all previous Contracts or Subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CF.RTIFICA11ON BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be Subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any Contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the Contract documents. NQN.CC.➢I., r, QJ`1LAV F'11) AVU BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C-2 Agreement No. 5703 BID SCHEDULE EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Company Name: Base Bid Items . ............. . . . .......... Item Total (in figures) ------ --- ----------- — --T .................... Item Description Estimated No. i Unit Quantity I Mobilization/Demobilization LS 2 Temporary traffic control LS Remove striping, pavement 3 markings, pavement markers, signs and sign LS posts Install striping, markings, 4 pavement markers, signs and LS _j!&n posts 5 Install Bollards LS TOTAL BASE BID FOR ITEMS 1-5 IN FIGURES =$ .1 . .......... TOTAL BASE BID FORITEMS 1-5 WRITTEN IN WORDS: I -C -3a . . . Unit Price . ............. . . . .......... Item Total (in figures) (in figures) Dollars/Cents Dollars/Cents] Agreement No. 5703 BIDDER'S INFORMATION Company Name: BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) Business Address Telephone No. Facsimile No. State Contractor's License No. and Class Original Date Issued Expiration Date The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: -C-4 Agreement No. 5703 BIDDER'S INFORMATION (CONTINUED) Company Name: Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Title: [-C-5 Agreement No. 5703 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this day of .20 Subscribed and sworn to this day of , 20 NOTARY PUBLIC [-C-6 Agreement No. 5703 PROPOSAL GUARANTEE BID BOND EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($ ), which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a Contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of 20 SURETY* Subscribed and sworn to this day of 120__. NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C-7 Agreement No. 5703 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: ,20 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed Contractor shall not submit a bid to a public agency unless his or her Contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on .20 , at Signature Typed Name Title Company Name (insert City and State where Declaration signed). 1-C-8 Agreement No. 5703 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) , being first duly sworn, deposes and say that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed Name Title I -C-9 .................... Name of Bidder/Company Name Date Agreement No. 5703 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: (- ) Dated this day of .20 Agreement No. 5703 BIDDER'S CERTIFICATION OF SUBCONTRACTORS EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: 19-15 Company Name: As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Subcontractor's Contractor License Name of No. & DIR Subcontractor Address _ — Registration No. (Number and Street) (CSLB #) �F (City, Zip Code) (DIR#) ....... II Description of Portion of Work Estimated YSubcontracted $ Amount ........... (Make copies of this page if additional space is needed) Signature of Bidder Date I -C- I I REFERENCES Company Name: Agreement No. 5703 The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime Contractor or major Subcontractor within the past five (5) years: I . Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: _,_,. .............................. Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? ,ITmm 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? I -C-12 3, Project Title: Location: Name and address of owner Agreement No. 5703 Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? 4. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? I -C- 13 Agreement No. 5703 5. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project, Type of Work: Contract amount: $ -- Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: 1-C-14 Agreement No. 5703 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Company Name: Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government Contract? Yes ❑ No ❑ 1 If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ❑ No ❑ Bidder's Signature Name (Please Print) 1-C-15 Agreement No. 5703 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Company Name: To be awarded this Contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: lymo f I 11surance. Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" Linder said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol I (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VIL" Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify sucli certificates to delete any exculpatory wording stating that failure ofthe insurer to mail written notice of cancellation imposes no obligation, and to delete the word `,endeavor'" witli regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." Date I -C- 16 Bidder's Signature Agreement No. 5703 END PROPOSAL SECTION I -C- 17 Agreement No. 5703 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 This CONTRACT is entered into this day of 120 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and , ("the Contractor"), 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the Contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed ,Dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within twenty (20) working days (the "Contract Time.") [-D-1 Agreement No. 5703 B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and i i. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this Contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits 1-D-2 Agreement No. 5703 of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent Contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to Contract for similar service to be performed for other employers while under Contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City The Contractor Orlando Rodriguez Senior Civil Engineer City of El Segundo 350 Main Street, El Segundo, CA 90245 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. [-D-3 Agreement No. 5703 There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. I -D-4 CITY OF EL SEGUNDO Greg Carpenter City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: David H. King, Assistant City Attorney Insurance Reviewed by: I -D-5 Agreement No. 5703 Taxpayer ID No. -_ Contractor State License No.: Contractor City Business License No.: Agreement No. 5703 FAITHFUL PERFORMANCE BOND EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Bond No. Bond Fee: ("PRINCIPAL") and . a corporation incorporated under the laws of the State of' and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 19-15, and the Public Works Contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 19-15, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING NO. PW 19-15) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY, Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's I -E- I Agreement No. 5703 completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 19-15 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E-2 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY Agreement No. 5703 20 SURETY's PRESIDENT SURETY's SECRETARY PRINCIPAL'S MAILING ADDRESS: SURETY'S MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E-3 Agreement No. 5703 LABOR AND MATERIALS BOND EL SEGUNDO BOULEVARD PARKING PILOT PROJECT PROJECT NO.: PW 19-15 Bond No. Bond Fee: . as principal ("PRINCIPAL") and a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of ,DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to Contractors, Subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S Subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in EL SEGUNDO BOULEVARD PARKING PILOT PROJECT, SPECIFICATIONS NO. PW 19-15 ("Public Project"), the Public Works Contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising, by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 19-15, and the Public Works Contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 19-15), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all Contractors, Subcontractors, and persons renting equipment. I -F- I Agreement No. 5703 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 19-15, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will re in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F-2 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: NOTE: (1) (2) Agreement No. 5703 --,20 SURETY's PRESIDENT SURETY's SECRETARY SURETY's MAILING ADDRESS: ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. Bond shall be effective for one (1) year after acceptance of the job. I -F-3 Agreement No. 5703 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGISTRA"HON OF CON"T"RACTORS No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of Contractors, for the type of work to be performed under this Contract. 2. INSURANCE AND CITY BUSINESS LICENSE, Contractor and Subcontractors will obtain appropriate insurance and a City Business License before execution of the construction Contract. 3. EMERGENCY INFORMATION The names, addresses and telephone numbers of the Contractor and Subcontractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. I°URNISIIING OF WATER Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The Contractor will deposit with the City Water/Wastewater Division the sum of Three Hundred Fifty Dollars ($ 350.00) to insure against damage to a 2 '/2" Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the Contractor upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the Contractor, all or any part of said deposit may be retained by the City. A non-refundable Activation Fee of One Hundred Dollars ($100.00) will be charged upon activation of the temporary meter. 5. CAl..a11 ORNIA - OCCUPATIONAL SAFETY at'c, 1-1I. AL1'H ADMINISTRATION., All work performed under this Contract will be done in strict compliance with the Cal -OSHA Rules and Regulations, latest edition. 6. SOUND CONTROL The Contractor will comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion 11-A-1 Agreement No. 5703 engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR POLLUTION CONTROL The Contractor is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 8. WORKER UNIFORMS All workers under the employment of the Contractor or his/her Subcontractor will wear an orange vest or an orange shirt while working in the public right-of-way. II -A-2 Agreement No. 5703 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD SPECII° ICAIJONS 0-1 GENERAL Except as modified by these Standard Specifications, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" ("Greenbook") and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0-2 NiJMBERING OF SEC' ION S The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greenbook numbering. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the Greenbook. 1-2.1 AI'),DITIONAL DEFINIT'ION'S Acceptance — The date on which the City Council accepts the Work as complete. Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors employed by the City. City Council - The body constituting the awarding authority of the City. Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. Due Notice - A written notification, given in due time, of a proposed action where such notification is required by the Contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer. Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the Contract will be by the City Engineer or his designated representative. PCC — California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including [I -B-1 1-3 1-3.1 W11 2-1.1 FAM Agreement No. 5703 time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. 0 (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time of Completion." ABBREVIATIONS The following Subsection is added to Subsection 1-3 of the Greenbook. The following abbreviations are added to Subsection 1-3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Public Works SCOPE AND CONTROL OF WORK The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. ACC: ESS' TO PROJECT SITE Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. OWNER SFIIPANQ USE (")F CONFRAC _KUMENT& - _11A The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. Standards, Inc. WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association SSPWC Standard Specifications for Public Works Construction by the American Public Works Association ASA American Standard Association CITY City of El Segundo SCOPE AND CONTROL OF WORK The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. ACC: ESS' TO PROJECT SITE Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. OWNER SFIIPANQ USE (")F CONFRAC _KUMENT& - _11A The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. Agreement No. 5703 2-3 SUBCONTRACTS Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under Subcontract to the prime Contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime Contractor's total bid. Only one Subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a Subcontractor, or the listing of more than one Subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a Subcontractor other than that designated in the original bid, to permit any Subcontract to be assigned or transferred, or to allow a Subcontract to be performed by other than the original Subcontractor. Subcontracting of work for which no Subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor's control over the Work, cancel the Contract, or assess the Contractor a penalty of not more than ten percent of the Subcontract involved. All persons engaged in the work, including Subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When Subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Engineer may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Engineer, the Subcontractor will be removed immediately from the Work. That Subcontractor will not again be fiFIM Agreement No. 5703 employed on the Work. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of Contractors at all times during the performance of any act or Contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2-3.2 ADDI-rIONAL, RESPONSfflUATY Add the following to Subsection 2-3.2 Additional Responsibility: The Contractor will submit experience statements for each Subcontractor who will perform Contract work that amounts to more than ten percent (10%) of the Work. 2-4 CONTRACT BONDS The following paragraph is added to Subsection 2-4 of the Greenbook. The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 6-8.1. 2-5 PLANS AND SP CIFI'CATION5 Subsection 2-5.1 of the Greenbook is replaced by the following subsection, 2-5.1 GENERAL The Contractor will maintain the following at the Work site: 1. One as -built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As -built plans must be submitted to the City representative for approval before the City pays a final retention amount. 2. The current accepted Contract Schedule. 3. Shop Drawings, Product Data, and Samples. 4. Approved permits from other agencies, including Cal -OSHA permits for trench shoring. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or 11-B-4 Agreement No. 5703 on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS The following paragraph is added to subsection 2-5.2 of the Greenbook: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Engineer for such further explanations as may be necessary, and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or Agreement No. 5703 facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. 2-9 SURVEYING Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: 2-9.3 SURVEY SERVICE 2-9.3.1 CONSTRUCTION SURVEi INC3q, The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2-9.3.2 MEASUREMI N]" AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3-3.2.2 BASIS F"OR ESTABLISHING COSTS Subsection 3-3.2.2.3, Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3-3.2.3 MARKUP Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's C�� Agreement No. 5703 costs and will constitute the markup for all overhead and profits. 1) Labor ...................................................... 20 2) Materials.................................................15 3) Equipment Rental ................................... 15 4) Other Items and Expenditures ................ 15 To the sum of the costs and markups provided for in this subsection, I percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the Subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the Subcontracted portion of the extra work may be added by the Contractor. (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 3-3.3 DAILY REPORTS BY CONTRACTOR Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3-4 CHANGED CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ("changed conditions"), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the time period set forth in Subsection 6-11.3, the Contractor is liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions include, without limitation, the following: Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing 11-B-7 Agreement No. 5703 materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class 1, 11, or III disposal site in accordance with applicable law. The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer's decision, and any dispute regarding that decision, will be made in accordance with Section 6-11 except that the Engineer will render a decision promptly. Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: 1. The information is made available for the Bidders' convenience and is not a part of the Contract. 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. 3. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. 3-5 DISPUTED WORK, Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications. Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents. 4-1.3 INSPECTION REOUII�-EPYIENTS Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4-1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not 11-B-8 Agreement No. 5703 required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the Contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the Contract documents. The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the City Engineer. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor's cost at rates established by the City. 4-1.6 TRADE NAMES OR EQUALS, Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal". For the City's consideration of a proposed "equal" item, the Bidder must submit, a minimum of ten (10) calendar days 'before the date of the bid opening, documentation of the particulars of the proposed "equal item". At a minimum, the submitted documentation will include: • Written request with explanation of why the product should be considered as an equal product. ■ Material specifications. • Technical specifications. • Test data. ■ Samples. ■ Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. ■ Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. Agreement No. 5703 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the Greenbook. 5-2.1 1 NCO R RECT LOCATION OF L)"I"I L 111 ES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the Contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing. 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the Greenbook. 5-4.' RESI'ONS]Bllr,['I'YOF' ,IJTILI'F'REMOVAI,OR, RELOCA'I"ION The City will be responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the Contract plans or specifications by the City. The City will have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation. 5-5 DELAYS The following paragraphs are added to Subsection 5-5 of the Greenbook. Actual loss, as used in this Subsection, will be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by Subsection 5-5.1 and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work. The following subsection is added to Subsection 5-5 of the Greenbook. 5-5.1 CALCULATING IDLE THVIE Equipment idle time will calculated in accordance with Subsection 3-3.2.2 and based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay. Worker idle time will be calculated in accordance with Subsection 3-3.2.2. 6-1 CONSTRUC'I-JON SCHEDULE AND COMMENCEMENT OF WORK Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. MENU Agreement No. 5703 Pre -Construction Meeting: After Contract award, the City will arrange for a pre -construction meeting to discuss the construction of the project. City will invite utility agencies and the Contractor will arrange for all of its Subcontractors to attend the meeting. 6-1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) calendar days of award. 6-1.2 CON"'l'"EN OF C.ON°l�RACT' SCYIEDU .E: The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 1. Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6-1.3 EFFECT OF Ct:l'NTRAM" SC1lEDL1L The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will II -B-11 Agreement No. 5703 continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. The Engineer's failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6-1.4 CMMENCEM d GF CGC'*'T C] "1"IME, The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of fifteen (15) calendar days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6-4 l: EF"AUL"T' BY CONTRAC"YOR The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. 6-4.1 GENERAL Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City's interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. 11—B-12 Agreement No. 5703 6-4.2 TERMINATION O1:, CC7WRACTOR'S CON"T'm.., OVER THF-KO—RK The City may terminate the Contractor's control over the Work without liability for damages when, in the City's opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or Subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control, the City may do any one, or combination of, the following: 1. Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different Contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6-4.3 SURETY'S ASSUMPTION 01 COt+PI ROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City's forces, by letting the unfinished work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. II -B-13 Agreement No. 5703 6-6 DELAYS AND EXTENSIONS OF 171ME Subsection 6-6 is deleted in its entirety and replaced with the following subsections, 6-6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the Engineer may, but is not required to, deem an extension of time to be in the City's best interests. 6-6.2 EXTENSIONS O1''11ME If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 6-6.3 PAYMENT FOIA DELAYS TO CONTRACTOR Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6-6.4 WRITTEN NOTICE AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. 6-7.2 Agreement No. 5703 Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. WORK DAYS AND WORKING ►IO1.1RS City Hall is open from Monday thru Thursday 7am-5pm and alternating Fridays 7am-4pm. It is closed on the following holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Christmas Eve Christmas New Year's Eve - Tuesday, January 1, 2019 - Monday, January 21, 2019 - Monday, February 18, 2019 - Monday, May 27, 2019 - Thursday, July 4, 2019 - Monday, September 2, 2019 - Monday, November 11, 2019 - Thursday, November 28, 2019 - Tuesday, December 24, 2019 - Wednesday, December 25, 2019 - Tuesday, December 31, 2019 Working on alternate Fridays when City Hall is closed is acceptable. If the Contractor, however, requests an inspection a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day. On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday work restrictions. 6-7.4 NIGHT WORK The following paragraph is added to Section 6-7 of the Greenbook: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6-7.5 WE[`,'Kf-.-,NIJ AND 1-I01-IDAY WORK The Engineer may, but is not required to, allow the Contractor to work on II -B-15 Agreement No. 5703 Saturdays, Sundays and City Holidays. 6-8 COMPI,ETICN AND ACCEPTANCE Subsection 6-8 of the Greenbook is deleted in its entirety and replaced by the following: The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of I year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 6-8.1 GENERAI,,,91 ARAI�P�I"'�' The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom, which will appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 6-9 LIOUIDAIED DAMAGE Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and replaced by the following subsections. 6-9.1 FAILURE TO, COMPLETE WORK ON TIME If all the work called for under the Contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the Contract. Unless otherwise specified, liquidated damages will be $250 per calendar day. I1 -B-16 Agreement No. 5703 6-11 DISPUTES AND CLAIMS. PROCEDURE 6-11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. 6-11.2 FORM A Claim must include the following: A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. 3. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. [I -B-17 Agreement No. 5703 b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. C) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within seven (7) calendar days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. A personal certification from the Contractor that reads as follows. "I, BEING THE (MUST BE AN OFFICER) OF (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES." 6-11.3 CI-AII'v°1'S S,! 6BiMI'l"'r! 'D T.O IeNGINEER Within thirty (30) calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the II -B-18 Agreement No. 5703 performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6-11.4 QLAIM IS PRERE'MISITE TO OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 6-11.5 DECISION CLAIMS The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than ten (10) calendar days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than thirty (30) days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to sixty (60) days. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. The Engineer's decision on a Claim will include a statement substantially as follows: "This is a decision pursuant to the General Specifications of your Contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within thirty (30) calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal_" 6-11.6 AP11EA OF ENGINEER'S DECISION Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within thirty (30) calendar days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within thirty (30) calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. Agreement No. 5703 If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within thirty (30) calendar days of the City's final decision. 6-11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ("AAA") under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. 6-11.8 ARBITRATION If the City and Contractor do not agree to mediation, then a disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. 6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within thirty (30) calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. 6-11.10 APPEAL, TO SEIPE R[OR COURT: WAIVER OF JURY TRIAL, Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure ("CCP") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial 11-B-20 Agreement No. 5703 evidence standard of review when considering the appeal of an objecting party. BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 6-11.11 AB 62.6 CLAIMS; PROCESS Claims made by a Contractor for one or more of the following are subject to the claim resolution process set forth in Public Contract Code section 9204: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the city under a contract for a public works project. (B) Payment by the city of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the city. 7-2 LABOR The following subsections are added to Subsection 7-2 of the Greenbook. 7-2.3 PREVAILING W C;ES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any Subcontractor. Labor Code § 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the Public Works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: H -B-21 Agreement No. 5703 a) When employment it°i the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the ninety (90) calendar days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of orte to five, or C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the Public Works site are making such contributions. The Contractor and any Subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-2.4 RECORD OF WA()'ES PAlPm INSP'EC"1"ION Every Contractor and Subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7-3 LIABILITY INSURANCE Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-3.1 GENERAL Contractor must procure and maintain for the duration of the Contract the following insurance coverages and limits against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or Subcontractors: II -B-22 Agreement No. 5703 COVERAGE PER ISO FORM COMBINED OCCURRENCE SINGLE LIMIT Comprehensive General Liability CL 00 02 0185 or 88 $2,000,000 Business Auto CA 00 01 01 87 $1,000,000 Workers' Compensation Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this Contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKER'S COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its II -B-23 Agreement No. 5703 officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) calendar day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self-insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self-insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this Contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All Subcontractors employed on the work referred to in this Contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each Subcontractor at least five days before the Subcontractor entering the job site, or Contractor will furnish City an endorsement including all Subcontractors as insureds under its policies. Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any Subcontractor. The City will not be liable for any accident, loss or damage to the II -B-24 Agreement No. 5703 work before its completion and acceptance, except as provided in Subsection 6-10 The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged. Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b). 7-3.2 RN—Q[-.M-N-1E1C,'A,1LQN AND DEFENSE In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the Contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the Contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent Contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the Agreement No. 5703 aforesaid operations of Contractor, or any Subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: The Contractor will apply for permits required by the City. These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed. 7-8.1 CLEANUP AND DUST ONTrRtwll.a, Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type street sweeper a minimum of once daily. 7-8.1.2 WATERING Water for dust control caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this Contract, the Engineer will cause a meter to be installed. All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. 7-8.6 WATER [101, lt.,UTICON CON'FRO_. The following requirements are added to establish storm water and urban runoff II -B-26 Agreement No. 5703 pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor. (C) Discharge of concrete transit mixer wash water on to approved dirt areas (Sub -grade area designated for new concrete C011511110ion, for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties. (f) No washing of construction or other industrial vehicles and eClUiptilent will be allowed adjacent to a construction site. During the rainy season (October '15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7-9 PROTECTION AND RESTORA"HON OF EXISTING IMPROVEMENTS The following requirements are added to Section 7-9: Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor's operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements. Relocations, repairs, replacements, or re -establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified. Agreement No. 5703 7-10 P1reE3Ut"_C.",QN'V'EN1ENCE AND SAFETY The following requirement is added to Section 7-10: Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News. 7-10.1 TRAFFIC ANi ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five (5) feet to the edge of any excavation and two (2) feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. One four (4) foot wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two (2)) at each location, one (1) at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type I1 per Section 7-3 of the WATCH Manual and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). 7-10.2 S'r EET CI,...0SkJRES, DE"f-OURS, BARRICADES It ACES Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one (1). Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. 11-B-28 Agreement No. 5703 Where access to driveway or street crossings need to be maintained, minimum 1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7-10.5 PR07ECTION OFTHE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this Contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this Contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 7-15 HAZARDO[JS MATERIAL The following Subsection will be added to Section 7 of the Greenbook: For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class 1, Class 11, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally Agreement No. 5703 recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor, the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3-4 (Changed Conditions) of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the Contract, but will proceed with all work to be performed under the Contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the Greenbook. 9-2 LUMP SUM WORK Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work 9-3.2 PARTIAt, AND FINAL PAYMENTS The text of Subsection 9-3.2 of the Standard Specifications is deleted and replaced with the following: Agreement No. 5703 The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty-five (35) calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Engineer. The City Engineer upon field acceptance and receipt of the final as -built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than thirty-five (35) calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, Subcontractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the Contract. Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an II -B-31 Agreement No. 5703 acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 9-3.3 DELIVEREI) tvIATERIALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. ioo-i rERMINATION OF' AGENCY LIABILITY Before receiving final payment, the Contractor will execute a "Release on Contract" form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. - END OF SECTION - Agreement No. 5703 SECTION III -- SPECIAL PROVISIONS 1-0. GENERAL SCOPE, TIME FOR COMPLETION. AND LOCATION OF WORK 1-1. General Scone of Work: The work to be done consists of furnishing all labor, materials, tools, equipment and incidentals for the installation of striping, markings, pavement markers, signs and sign posts. 1-2. Location of"the Work: El Segundo Boulevard between Main Street and Penn Street, El Segundo, CA 90245 1-3. Working Days and Time for Completion: 1. Contractor will commence work on date specified in the Notice to Proceed to be issued to the said Contractor by City of El Segundo Public Works Department and shall complete work within twenty (20) working days after the date of commencement. 2-0. NOTIFICATIONS 2-1. General The CONTRACTOR will notify all agencies listed here in a minimum of seventy- two (72) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE l.. Start of work, Orlando Rodriguez, Public Works Staff 310-524-2252 shutdown of work, Ken Berkman, Director of Public Works 310-524-2356 or resumption of Lifan Xu, City Engineer 310-524-2368 work after shutdown 2. Closing of streets El Segundo Police Department** 310-524-2200 El Segundo Fire Department** 310-524-2236 ** The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 1. City of El Segundo — Government Buildings 310-524-2713 2. City of El Segundo — Water Division 310-524-2742 3. City of El Segundo - Wastewater Division 310-524-2754 2-2. Citv Staff Notification The Contractor shall submit all required employee notices to the City at the pre - III -A-1 Agreement No. 5703 construction meeting for approval. The Contractor shall hand -deliver Notices to affected City staff regarding the work at least two (2) weeks before the project begins construction. Notices shall include the project times, dates, working hours, and description of project activities. If any changes occur to project times, dates or working hours, the Contractor will revise and re -deliver the Notice to affected City Staff. The Contractor shall also notify the Police Department, the Fire Department, the City street sweeper, the City waste hauler, and all utilities of the construction schedule and any changes to it. 2-3. Parkin Where street parking may need to be restricted, the Contractor shall post "TEMPORARY NO PARKING" signs on the curb 72 hours in advance of the construction, to alert motorists that parking shall not occur at the location and for what length of time. Signs placed shall be unobstructed and clearly visible from vehicles. Signs should be similar to those posted by City Public Works street maintenance staff. The signs are subject to the approval of the Engineer. The dates and times on the signs shall be site specific and shall cover the minimum time required for "NO PARKING" to facilitate construction. Generic long-term "NO PARKING" time designations are not acceptable. Parking shall not be restricted during any period when construction activity is not scheduled at this particular site. Staging location for construction related activities and/or equipment must first be approved by City Staff. 3-0. MOBILIZATION Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: 1. Moving on to the site of all Contractor's equipment required for operations. 2. Arranging for and erection of Contractor's work and storage yard. 3. Posting all OSHA required notices. 4. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval. 5. Notification of employees and property owners. 6. Re -notification of employees and property owners for all construction schedule changes. 7. Bringing unforeseen field conditions to City staff s attention in a timely manner. 8. Restoration of private and public property to existing standard conditions upon demobilization. 9. Demobilization. 3-1 Demobilization shall include all activities for the Contractor to remove all equipment and construction debris from the project areas after construction is complete. Demobilization shall also include general cleanup activities and specific punch list items and cleanup activities determined by the City Public Works Inspector or City Representative, to repair or replace any private or public facilities damaged by the construction and return public facilities to the same or better condition as that existing prior to construction. [II -A-2 Agreement No. 5703 3-2 The Contractor shall be responsible for performing the following preparatory work: 1. Meeting with the project manager and City stakeholders in a pre -construction meeting. a. During this meeting, the Contractor shall present an initial proposed schedule and work plan. City staff shall present a schedule of events and a list of any restrictions that may affect the construction schedule. b. The Contractor shall also present Notices to the Public regarding the work to be done (refer to Notifications section). 2. Finalizing and submitting a final work plan for the Contract that will detail the contracted project tasks and schedule and also accommodates any information clarified in the pre -construction meeting. City approval is required on the work plan before a Notice to Proceed will be issued. 3. Clearing the construction area to be worked on of all loose material and other objectionable material as applicable. 4. Providing and setting up of temporary barriers and security devices, for protection of the employees and public. This includes but is not limited to: barricades, temporary No Parking, and/or temporary No Pedestrian Traffic signage in the vicinity of the project area. 5. Providing appropriate temporary signage including signage for exit or building egress if necessary during construction. 6. Maintaining open or unobstructed building egress paths during construction. 7. Maintaining building fire or life safety systems unless three days prior written notice is submitted to the City Public Works Department and approval is granted to disrupt or disable those systems temporarily. 8. Notifying City staff according to Notification requirements. 3-3 The Contractor is responsible for performing demolition activities including but not limited to: 1. Conducting demolition to minimize interference with adjacent and occupied building areas. 2. Disconnecting and removing utilities within demolition areas, and replacing them after construction, if applicable. 3. Removing and properly disposing of demolished materials and construction debris from the site unless specifically noted otherwise. 4. Removing materials as the work progresses. Upon completion of daily work, leave areas in a clean condition. 5. Removing temporary work. III -A-3 Agreement No. 5703 4-0 WORK SCHEDULE Contractor shall be responsible for including in the final work plan a workable construction schedule that incorporates the following conditions: 1. The schedule for the work is subject to the approval of the Public Works Department. 2. All work shall take place Monday through Friday between the hours of 9:00 am and 3:00 pm unless previously approved by the Public Works Director for any other day of the week. 3. The Contractor shall coordinate all inspections and final sign -offs for permits and the project with Public Works Department. 5-0. STANDARDS Section 0-1 on page 11-B-1 of these Specifications is supplemented by the following additional requirements: 1. All work shall be 2018 Standards Specifications for Public Works Construction (SSWPQ unless otherwise shown on the plans, technical specifications, or as specified herein. Submittal of a bid will be evidence that the Contractor is familiar and knowledgeable about these specifications. 2. Strict compliance with State and local safety codes will be enforced. 6-0. EXAMINATION OF JOB SITE The BIDDER shall make a detailed physical inspection of the site before submitting his proposal. It is understood that the BIDDER is satisfied regarding existing conditions and existing access conditions which may affect bid prices for the proposed work. 7-0, INSPECTION Section 4-1.3 on page 11-B-9 of these Specifications is Supplemented by the following additional requirements: 1. On all questions relating to quantities, the acceptability of material, or work, the execution, progress or sequence of work, and the interpretation of specifications or plans, the decision of the Engineer is final and binding, and shall be precedent to any payment under the Contract. 2. All work and materials are subject to inspection and approval of the Engineer. 3. Legible copies of material/weight certification shall be turned over to the inspector on a daily basis. 4. Inspection of the work shall not relieve the Contractor of the obligations to fulfill all conditions of the Contract. 8-0. USE OF PRIVATE PROP ER"I"Y The use of any private property by the Contractor is prohibited, unless written III -A-4 Agreement No. 5703 approval is obtained from the City owner and the property owner. The prohibited uses include, but is not limited to the, Contractor's use of water, electricity or natural gas from private property, storage of material or equipment, and turning around/ parking of his vehicles on private property. 9-0. STORAGE OF MATERIALS AND EQUIPMENT 1. No material or equipment shall be stored in public right-of-way without prior approval from the Public Works Department. 2. The Contractor shall be responsible for obtaining a site for storage of material and equipment. The site shall not be within or adjoining the residential areas of the City. Site shall be subject to approval by the City. 3. The sites for stockpiling and batching materials shall be clean and free from objectionable material. 4. The City does not have nor does guarantee any designated property within the City for storage of materials. 5. If the Contractor finds a private property for storage of his materials, the Contractor shall furnish the City a letter of approval and a letter of release (at the end of the job and cleanup of the storage site) from the property owner for this purpose. 6. The Contractor shall adhere to Best Management Practices and NPDES requirements to protect the City right-of-way and storm drain system during construction. 7. Deliver all materials in their original containers with seals unbroken and manufacturer's label and product identification clearly legible on each package. 8. Store all un -containerized materials at the site under adequate cover, maintaining them in a dry condition until ready for use. 10-0. DISPOSAL OF' REMOVAL" All removed materials shall become the property of the Contractor. Materials shall be legally discarded away from the site of work. Note: There are no authorized dump facilities within the City of El Segundo. 11-0. OUALITY ASSURANCE Contractors shall exercise due care to assure procurement, storage and placement of materials form site or offsite sources which will comply with the requirements, specifications and standards set out herein. Contractor may, at his discretion, have such tests and inspections as he may desire performed by qualified personnel or independent testing services, for his guidance and control of the work. 12-0. COMPLETION Upon completion of work, the Contractor shall conduct careful inspection with the City Inspector and shall correct all defective work to the satisfaction of the Owner. The Contractor shall coordinate all inspections and final sign -offs for Encroachment III -A-5 Agreement No. 5703 Permits and Building Permits with City staff. All scrap, litter and debris resulting from operations specified herein, shall be removed and the premises left in a clean and satisfactory condition. 13-0. WARRANTY The Contractor and/or manufacturer shall warrant all work performed under this Contract for a period of two years from the date of Owner's acceptance of completed job. Any defects in materials or workmanship appearing during this period shall be corrected without cost to the City. - END OF SECTION - III -A-6 Agreement No. 5703 SECTION IV — MEASUREMENT AND PAYMENT 1-0 BASE BID ITEMS 1-1 Base Bid Item 1. Measurement and payment for mobilization and demobilization will be paid for at the Contract lump sum price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-2 Base Bid Item 2. Measurement and payment for installing temporary traffic control will be paid for at the Contract lump sum price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-3 Base Bid Item 3. Measurement and payment for the removal of striping, pavement markings, pavement markers, signs and sign posts will be paid for at the Contract lump sum price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-4 Base Bid Item 4. Measurement and payment for the installation of striping, pavement markings, pavement markers, signs and sign posts will be paid for at the Contract lump sum price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-5 Base Bid Item 5. Measurement and payment for the installation of bollards will be paid for at the Contract lump sum price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 2-0. PROGRESS PAYMENTS Lump sum items shall be billed on a percentage completed basis. The City reserves the right to request a schedule of values to be submitted by the Contractor for any bid item in order to determine payment for work completed. Unit cost items shall be billed on a units -completed basis. Work that is not completed cannot be submitted for billing. The Contractor is encouraged to submit invoices with ample time for City staff to process an invoice. Processing time includes City staff time to inspect and verify lump sum percentage completed and units completed for bid items. IV -A-1 Agreement No. 5703 SEC I TION V— TECHNICAL SPECIFICATIONS, All work shall uonh>nn to the Standard Specifications for Public Works Construction (8GPVC) (2018 Edition). Caltrans Revised Standard Specifications (2018 Edition), Caltrans Standard Plans (2018 Edition). California Manual on Traffic Control Devices (CA K8UTCD) (2014 Edition, Revisinn 3)' the Project Plans and these Special Provisions. 1.1 MOBILIZATION Mobilization and traffic control shall conform to the provisions of Sections 7'3.4 of the Standard Specifications and Special Provisions cfthis specification. The scope of the work shall include the obtaining of all bonds, inaunsnce, and permits; moving onto the site of all project work areas and equipment; and the furnishing ofother construction facilities; all as required for the proper performance and completion of the Work. Mobilization shall include but not be limited hothe following principal items: 1. Project notification toresidents and/or businesses. 2. The movement of personnel, equipment, supplies and incidentals to the project site. 3. Furniah(ng, innbaUing, and maintaining all storage yards or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. 4. Obtaining and paying for all required permits. S. Posting all OSHA required notices and establishment ofsafety programs. 8. Have the Contractor's superintendent atthe job site full time. 7. Submittal ofrequired construction schedule aospecified. 8. Implement BMP to prevent soil leaving the site and entering to the street or other areas. Protect all catch basin openings during construction. S� Facilitate and coordinate with City's otnsat weekly sweeping and trash pickups during construction. The Contractor shall be responsible for preparing and distributing the general information notification letter to all affected residents and businesses. Notification shall be distributed at least TWO WEEKS /n advance ofthe start ofwork. Prior to distribution, the notification letter shall be reviewed and approved by the City. No work on any street may start without proper notification of the residents and businesses. Contractor shall strictly adhere to this requirement or at the discretion of the Engineer. Construction work may besuspended ifthe notification requirement ionot met. /n addkion, prior to any driveway doounao or paving operation, the Contractor shall provide another written notification to affected businesses and residents 48 hours in advance of such work. 1-2 TRAFFIC CONTROL Traffic Control shall conform to the provisions of Sections 3-12 and 5-7 of the Standard Specifications and Special Provisions of this specification. A Traffic Control 9|on has not been prepared for this project; therefore the Contractor shall be solely responsible for preparing and implementing aTraffic Control Plan. The Contractor shall provide all traffic omntno|a necessary to provide for the safe and expeditious movement of traffic, motorized and non -motorized (including pedestrian tueffic), through the construction zones, as well as those necessary to provide for the safety of the work force performing the construction. The Contractor shall provide adequate pedestrian and vehicular traffic controls for the duration of the work in accordance with the Contract Documents including Subsection 5-7 of the SSPWC, the Work Area Traffic Control Handbook (WATCH), Caltrans' Manual of TnstUo Controls for Construction and Maintenance Work Zones (Chapter 5 of the Tnof§o Manual, hereafter ''yNanue| of Traffic Contno/s''), and the City ofBSegundo. The Contractor shall include any temporary pavement necessary for the safe and expeditious movement oftraffic. Agreement No. 5703 CONSTRUCTION SIGNS All signage conflicting with required traffic control signage shall be removed or suitably covered. Said signs shall be replaced unless designated for removal or relocation on the Plan. This item shall include the temporary relocation of existing signs as necessary. AddidonaUy, signs shall be posted directing pedestrians to detour safely around construction work. PAVEK0ENTDEL|NEATt[)N Whenever the work ouuneo obliteration of pavement de|ineedion, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. Unless otherwise approved bythe City Engineer, the Contractor shall maintain continuous access for residents and businesses within, limits. Any closure ofaccess ordrive approach shall be' immediately restored when construction operation requiring the closure is completed. In addition, the Contractor shall comply with tothe following: • Where oresident orabusiness has adrive approach that imodleast 22feet wide, the construction inthe area shall bedone inhalves inorder tomaintain continuous access. = Where resident or business has more than one two-way drive, continuous access to at least one two-way drive approach shall bemaintain atall times. ° The Contractor shall construct temporary ramps at excavated areas and utilize other construction methodo, such as temporary backfilling onsao and laying temporary AC pavement, in order to maintain continuous access inthe construction zone. • For arterial stnsats, unless otherwise directed by the Enginaer, one lane in each direction must be - maintained at all times and where 000m(b|e.a|eM-tunmlane, atintersection during construction. LANE CLOSURE HOURS ALLOWED: The Contractor shall strict1Y adhere to the indicated lane closure houe, unless nU\eraoonovod bm the Enaineer: Working hours/lane closure hours are 5:DOa.m.bo3:DOp.m. 1 -% REMOVE STRIPING. PAVEMENT MARKINGS, PAVEMENT MARKERS, SIGNS AND SIGN POSTS. Removal of striping, pavement markings, pavement markers, signs and sign posts shall conform to the provisions of Section 81-8, 82 and 84-9 of the Caltrans Standard Specifications and these Plans and Special Provisions. Work under this section shall include all labor, materials, tools, transportation, equipment and all incidentals, and for doing all work necessary to achieve the removal of striping, markings and pavement markers herein oraadirected bythe Engineer. Signing shall include all labnr, equipment, materials, incidenbals, and work necessary boremove/install signs and posts complete inplace. Signs shall conform to the provisions in Section 82, "Signs and Markers," of the State Standard Specifications, the State Specifications for Reflective Sheeting on Aluminum Signs, the State Specifications for Aluminum Single -Sheet and Laminated -Panel Signs and these Special Provisions and aodirected bythe Engineer. Agreement No. 5703 Traffic regulatory �mi N h�beim�a||edina000rdance w��standards approved ord\ - by the City Engineer or hie authorized representative. All signs furnished shall be in accordance with the Current CAK00TCD and per the details imthe Contract Drawings. If new signs are called out on the Plans, then new signs shall be furnished and installed by the Contractor. If signs are to be relocated, the Contractor shall exhibit due care to insure that the signs are not damaged during the removal and relocation process, |fthe existing signs are damaged during removal and relocations, the damaged signs shall be repaired to new condition by a sign company that specializes insaid work orshall bmreplaced with anew sign. |fthe Contractor elects torenovate a damaged sign, asubstitute sign shall boinstalled temporarily until the existing damaged sign |srenovated and the signs shall bechanged out. If the Contractor finds that the existing sign iuinsub-standard condition, he shall notify the Engineer and the Engineer with make the determination as to the suitability oftheoign. If the existing sign is found to be unusable, the Contractor will be directed to furnish anew sign and only the cost of the new material will be paid for as Extra Work under Section 3 of the SSPWC. New and relocated traffic signs shall be mounted on 2" square Unietrut breakaway posts. Existing Uniotrut posts in good condition may be reused; otherwise new posts shall be installed. Posts shall be installed to provide clearance from vehicular traffic, bicyclists, pedestrians, and equestrians per plan details, code requirements and for ADA compliance. Relocated signs mho|| be installed using existing posts at new locations and shall baset ata minimum of 30 inch depth and at a minimum 12 inch square Portland Cement Concrete (PCC). The post depth nfthe concrete footing oho\| be sufficient to extend at least 6 inches below the bottom of the posts. }{ inch expansion paper shall beplaced between the sign foundation and sidewalk. New signs shall be installed using metal posts set at a minimum of depth of in a minimum 12 inch square PCC, except as specified nthenwioe, the metal post shall be Schedule 40 galvanized steel pipe with o 2- 3/4 inch outside diameter and o 2-1/2 inch inside diameter. The length of the metal post shall be sufficient to extend from the top of the sign to 30 inches below the top of the concrete footing and provide o 74bot clearance between the finished grade and the bottom of the sign. The depth of the concrete footings shall be sufficient to extend at least S-incheobe|ovvthe bottom of the posts. % inch expansion paper shall beplaced between the sign foundation and sidewalk. Striping and pavement marking shall include all |abor, equipment, materia|m, inoidenta|n, and work necessary toinstall striping and markings complete in place. Striping, pavement markings and pavement markers shall conform tnthe provisions in Section 81-3. "Pavement Markers," and Section 84 "'Markings" of the State Standard Specifications, these Special Provisions and oedirected bythe Engineer. The Contractor shall noinoto|| any existing striping and curb markings obliterated by new conotruction, as added or directed by the Engineer, and whether or not shown on the Plans for replacement. New striping and markings shall bethermoplastic DIVISION |XTRAFFIC CONTROL DEVICES 81Miscellaneous Traffic Control Devices 81'3 Pavement Markers 81'3.02 K8mtmr|a|m D1'3.O2EEpoxy Adhesive Agreement No. 5703 Adhesive for raised pavement markers shall be rapid set type epoxy. 82 Signs and Markers 82-2 Sign Panels 82-2.02 Materials 82.2.02a General Replace 3rd sentence with: 1. Phrase Property of the City of EI Segundo' 84 Markings 84-1.01 General Traffic stripes, pavement markings, and curb marking shall be 2 -coat paint unless otherwise shown on the Plans. Contractor shall repaint any curb markings removed by construction of this contract. 84-2.03 Construction 84-2.03A General The Contractor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. The Contractor shall establish all traffic striping between these points by string line of other method to provide striping that will vary less than '/z inch in 50 feet from the specified alignment. When no previously applied figures, markings or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance on the permanent paint applications. Traffic lines may be spotted by using a rope as a guide for marking spots every 5 feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer. The Contractor shall mark or otherwise delineate the traffic lanes in the roadway or portion of roadway, or detour before opening it to traffic. The Contractor shall provide and experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint. Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays. Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by wet sandblasting per Section 15-2.02B, "Traffic Stripes and Pavement Markings" and Section 15-2.02C "Pavement Markers", of the State Standard Specifications. moumy :• r11 Bollards shall be K71 Self Re -Erecting Marker Posts or equivalent. The marker color shall be white with white reflective collar. Installation shall conform to manufacturers specifications and project plans. Work under this section shall include all labor, materials, tools, transportation, equipment and all incidentals, and for doing all work necessary to achieve the installation of bollards herein or as directed by the Engineer. Agreement No. 5703 Appendix A: TO P�lans 3ANG" . . ............................ ............. zmfr,� I snidAivDn3 LU Alliv Ain, N1 PP z ,ff] 133diS PmRVjnqvrF,� .................... co GIMINViS 'o o" A311V !11 6 iDldis nrvu NIVVq 0 z LU - - — - ------------ B 711 PIN.1 ,011V R, 133US Li NO(113HS 4 - Lei 133KS VN3UV 0 D (D LU V) wd LU Agreemei it No 5,'"3� er �� 7H z Lj LO W ............ 1011V 1717 -1 2! d -Ag Ras Agreement No. 5703 s i` • r r • a 0 I 0 Agreement No. 5703 DIVISION IX TRAFFIC CONTROL DEVICES 81 MISCELLANEOUS TRAFFIC CONTROL DEVICES 81-1 GENERAL 81-1.01 GENERAL Section 81-1 includes general specifications for fabricating, installing, and placing miscellaneous traffic control devices. Traffic control devices must comply with the California MUTCD. 81-1.02 MATERIALS Not Used 81-1.03 CONSTRUCTION Not Used 81-1.04 PAYMENT Not Used 81-2 DELINEATORS 81-2.01 GENERAL 81-2.01A Summary Section 81-2 includes specifications for fabricating and installing delineators. 81-2.018 Definitions Reserved 81-2.01C Submittals Submit a certificate of compliance for: 1. Metal target plates 2. Enamel coating 81-2.01D Quality Assurance When tested under California Test 671, the enamel coating on a metal target plate must have satisfactory resistance to weathering, humidity, salt spray, and chemicals. The enamel coating must have: 1. Satisfactory adherence and impact resistance. 2. Pencil lead hardness of at least HB. 3. 60 -degree specular gloss of at least 80 percent. 4. Excitation purity of no more than 3 percent: 4.1 As received. 4.2 After 1,000 hours in an artificial weathering device when tested under ASTM G155, Table X3.1, Cycle 1. 5. Daylight luminous directional reflectance (Y value) of at least 70. The Department may sample metal target plates for testing as shown in the following table Metal Target Plate Sampling _ Production sta a Lot size w Sample size Finished target plates Less than 5,000 5 target plates 5,000-10,000 10 target plates . .................................... �.. Flat sheet stock 10,000 sq ft or lessa Five 12-b L22 -,inch specimens Coil stock 5,000 Ib or less Two 12 -by -12 -inch specimens or one 12 -by -24- .................................................. inch specimen aFlat sheet stock must be identifiable with parent coil stock. 1047 SECTION 81 Agreement No. 5703 MISCELLANEOUS TRAFFIC CONTROL DEVICES The Department rejects the entire lot if any sample does not comply with section 81 or zinc -coated steel sheets show any evidence of damage to or removal of the zinc coating. If the Department chooses to resample, the sample quantity may be twice the number shown in the table titled "Metal Target Plate Sampling." 81-2.02 MATERIALS 81-2.02A General A delineator must be on the Authorized Material List for signing and delineation materials. A delineator consists of a post and 2 target plates. 81-2.028 Wood Posts Wood posts must comply with section 82-3.02C. 81-2.02C Metal Posts The steel for a metal post must comply with ASTM A36/A36M. A metal post must be galvanized under section 75. 81-2.02D Flexible Posts A flexible post must be: 1. White except where shown as yellow 2. Free from burns, discoloration, contamination, and other objectionable marks or defects that affect appearance or serviceability 81-2.02E Target Plates Galvanize steel sheets under section 75. Zinc -coated steel sheets must comply with ASTM A653/A 653M, Commercial Steel, Types A, B, and C. The nominal thickness of a zinc -coated steel sheet must be at least 0.038 inch. Prepare zinc -coated surfaces to produce optimum adherence of the enamel coating without damaging or removing the zinc coating. An aluminum target plate must be aluminum alloy 3003-H14. You may use other alloys having equivalent properties if authorized. The nominal thickness of an aluminum sheet must be at least 0.050 inch. Prepare the aluminum sheets for the enamel coating by cleaning to remove contaminants and uniformly applying an acid -chromate -fluoride, acid -chromate -fluoride phosphate, or equivalent chemical anticorrosion conversion coating. Cut each target plate to size and shape and punch the mounting bolt holes. The surfaces and edges of each target plate must be free from fabrication defects. Coat the pretreated metal target plate with an opaque white coating on both sides using a 1 -coat or 2 - coat system. When tested under California Test 671, the dry film for the: 1. 1 -coat system must be uniform and have an average thickness of at least 0.75 mil with no individual measurement less than 0.65 mil. 2. 2 -coat system must consist of 0.10- to 0.20 -mil -thick primer and have an average thickness of at least 0.75 mil, including primer and top coat, with no individual measurement less than 0.65 mil. For a 1 -coat painting system, fabricate the zinc -coated steel target plate, including shearing, cutting, and punching, before starting the enameling process. The enamel coating on a metal target plate must be the product of a commercial manufacturer. Apply the enamel coating by spray, dip, roller, continuous roller coating, or other authorized method. The coating must be smooth and substantially free from flow lines, paint washout, streaks, blisters, and other defects that might impair serviceability or detract from the general appearance. 1048 SECTION 81 Agreement No. 5703 MISCELLANEOUS TRAFFIC CONTROL DEVICES A finished metal target plate must be free from dents and defects. The maximum edge -to -edge surface deviation from a horizontal plane must not exceed 1/8 inch. 81-2.02F Hardware Attach a target plate with either (1) 1/4 -inch galvanized steel or aluminum nuts and bolts or (2) 3/16 -inch blind aluminum rivets and washers. 81 -2.02G -81-2.02L Reserved 81-2.03 CONSTRUCTION Drive the post in place where soil conditions allow if the driving method does not damage the post. Drill pilot holes if ground conditions are such that the post cannot be driven without being damaged. Install the target plates after the post is set in place. After setting the post, fill any space around it with rock -free earth. Thoroughly tamp and water the fill material such that it holds the post securely in position. Unless the surplus material is hazardous, uniformly spread it along the adjacent roadway where designated by the Engineer. Before Contract acceptance, spot paint any exposed areas where the paint is damaged and clean any exposed areas that are soiled. 81-2.04 PAYMENT Not Used 81-3 PAVEMENT MARKERS 81-3.01 GENERAL 81-3.01A Summary Section 81-3 includes specifications for placing pavement markers. 81-3.016 Definitions Reserved 81-3.01C Submittals Submit a certificate of compliance for each type of pavement marker used. 81-3.01D Quality Assurance Reserved 81-3.02 MATERIALS 81-3.02A General A pavement marker must be on the Authorized Material List for signing and delineation materials. Pavement markers must be packaged in a way that prevents damage. Each package must be marked with: 1. Manufacturer's name 2. Type 3. Color 4. Quantity 5. Lot number 6. Date of manufacture Protect pavement markers from moisture during shipment to the job site and when stored at the job site. 1049 Agreement No. 5703 SECTION 81 MISCELLANEOUS TRAFFIC CONTROL DEVICES 81-3.028 Reserved 81-3.02C Retroreflective Pavement Markers The exterior surface of a retroreflective pavement marker must be smooth and contain 1 or 2 retroreflective faces of the specified color. The base of the marker must be rough textured and free from gloss and substances that could reduce the adhesive bond. The base must be flat within a 0.05 -inch tolerance. A retroreflective pavement marker must comply with the requirements shown in the following table: Retroreflective Pavement Marker Requirements Quality characteristic a Test method,_ Requirement [Bond strength (min, psi)a 500 Compressive strength (min, Ib)b 2,000 Compressive strength, recessed 1,200 markers (min, Ib) 4 Abrasion resistance, specific intensity V Pass minimum requirements after abrasion Water soak resistance California Test 669I No delamination of the body and lens Penetration, 100 g, 5 seconds, 77 °F (dmm) ASTM D5 system or loss of reflectance Reflectance ASTM D36 Specific intensity Flash point, COC (min, °F)ASTM D92 Clear Yellow Red 0° incidence angle (min) ASTM D2371 3.0 1.5 0.75 20° incidence angle (min) 1.2 0.60 0.30 1 year after placement 0.30 0.15 0.08 aThe marker body or filler material must not fail before reaching 500 psi under the bond strength test. bThe marker must not deform more than 0.125 inch at a load of less than 2,000 Ib, and delamination of the shell and filler material must not exceed 0.125 inch regardless of the compressive load required to break the marker. 81-3.02D Hot Melt Bituminous Adhesive Standard hot melt bituminous adhesive must comply with the requirements shown in the following table: Quality characteristic Test method Requirement Penetration, 100 g, 5 seconds, 77 °F (dmm) ASTM D5 10-20 Softening point (min, °F) ASTM D36 200 Flash point, COC (min, °F)ASTM D92 550 .................... Filler content (percent by weight) ASTM D2371 65-75 (insoluble in 1,1,1 trichloroethane) Brookfield thermosel viscosity, no. 27 spindle, 20 rpm, ASTM D4402 3,000-6,000 400 °F (centipoise) Flexible hot melt bituminous adhesive must comply with the requirements shown in the following table: 1050 SECTION 81 Quality characteristic Agreement No. 5703 MISCELLANEOUS TRAFFIC CONTROL DEVICES Penetration, 100 g,5 seconds, 77 OF (max, dmm) Softening point (min, °F) Ductility, 2 in/min, 77 °F min, in ..mm........ .............. ..... __�._.... Ductility, 0.4 in/min, 39 OF (min, in) Flexibility Brookfield thermosel viscosity, no. 27 spindle, 20 rpm, 375 OF (;,entipoise) Bond strength to concrete (min, psi) Bond strength to retroreflective pavement marker (min, --Ps.!) Test method Requiremen t .......,_.IT....,...,.,...µ . .,-... ASTM D5 ... . 30 ASTM D36 200 ASTM D113 6 2 California Test 440 No breaks or cracks ASTM D4402 2,500-6,000 California Test 440 100 California Test 440 120 The filler material must be Type PC, Grade III, calcium carbonate complying with ASTM D1199. The fineness of the filler material must comply with the gradation requirements shown in the following table: Sieve size Percentage passing Q No. 100 100 No. 200 95 No. 325 75 81-3.02E Epoxy Adhesive The epoxy adhesive must be either rapid set or standard set. 81-3.03 CONSTRUCTION 81-3.03A General Establish the alignment for placing pavement markers. Do not place pavement markers over longitudinal or transverse joints in the pavement surface. Place pavement markers when the pavement surface is dry. Before placing pavement markers, remove undesirable material from the pavement surface, including dirt, curing compound, grease, oil, loose or unsound layers, and paint. Regardless of the pavement's age or type, clean the surface by abrasive blast cleaning except where you apply hot melt bituminous adhesive on clean asphalt concrete or on a new clean seal coat. Apply pavement markers to the pavement with bituminous adhesive, flexible bituminous adhesive, standard set epoxy, or rapid set epoxy adhesive. Apply markers in pavement recesses with flexible bituminous adhesive. Comply with the manufacturer's installation instructions for the type of adhesive used. Completely cover the pavement surface where the pavement marker is to be applied or the bottom of the pavement marker with the adhesive without leaving any voids. Place the marker into position and firmly apply pressure until contact is made with the pavement. Apply enough adhesive such that it protrudes around the marker's edges after pressing it into place. Place retroreflective pavement markers such that each retroreflective face is perpendicular to a line parallel to the roadway centerline. The Engineer determines when the adhesive has set long enough for newly installed pavement markers to bear traffic. 81-3.0313 Hot Melt Bituminous Adhesive If using hot melt bituminous adhesive, place pavement markers on asphalt concrete or a new seal coat (1) after the surface or seal coat has been open to traffic for at least 7 days and (2) when the pavement and ambient air temperatures are above 50 degrees F. 1051 SECTION 81 Agreement No. 5703 MISCELLANEOUS TRAFFIC CONTROL DEVICES Indirectly heat hot melt bituminous adhesive in an applicator with continuous agitation or recirculation. Do not heat hot melt bituminous adhesive above the manufacturer's maximum safe heating temperature. Place pavement markers immediately after applying hot melt bituminous adhesive. Remove any adhesive from the marker's exposed lenses using a soft rag moistened with the manufacturer's instructed solvent. 81-3.03C Epoxy Adhesive If using epoxy adhesive, place pavement markers on asphalt concrete or a new seal coat (1) after the surface or seal coat has been open to public traffic for at least 14 days and (2) at the pavement and ambient air temperatures complying with the epoxy adhesive manufacturer's instructions. Use automatic mixing equipment for the epoxy adhesive. The equipment must: 1. Have positive displacement pumps. 2. Properly meter the 2 components of the epoxy adhesive in the specified ratio of ±5 percent by volume of either component. The voids in an undisturbed sample of cured, mixed epoxy adhesive obtained from the extrusion nozzle of the mixing equipment must not exceed 4 percent. At the start of each day, check the ratio of the 2 components in the presence of the Engineer by (1) disconnecting the mixing heads or (2) using suitable bypass valves and filling 2 suitable containers with the unmixed components. The mixing head must properly mix the 2 components until black or white streaks are not visible in the mixed material. Apply epoxy adhesive and place pavement markers before the epoxy starts to thicken. Apply enough epoxy such that it flows and protrudes around the marker's edges when a slight pressure is applied to the marker. 81-3.03D Pavement Recesses Locate pavement recesses along the line or lines of new or existing stripes. Do not construct recesses on existing structures. The equipment used for recess construction must be power operated, mechanical, and capable of removing pavement to the dimensions shown. Remove residue with a vacuum before it is blown by traffic or wind. Do not allow the residue to flow across the pavement or into gutters or drainage facilities. 81-3.04 PAYMENT Not Used 81-4-81-7 RESERVED 81-8 EXISTING PAVEMENT MARKERS AND DELINEATORS 81-8.01 GENERAL Section 81-8 includes specifications for performing work on existing pavement markers and delineators. Work performed on existing pavement markers and delineators must comply with section 15. 81-8.02 MATERIALS Not Used 81-8.03 CONSTRUCTION 81-8.03A General Not Used 81-8.036 Remove Pavement Markers Remove pavement markers and the underlying adhesive by methods that cause the least possible damage to the pavement or surfacing. 1052 SECTION 81 Agreement No. 5703 MISCELLANEOUS TRAFFIC CONTROL DEVICES When removing ceramic -type pavement markers, use screens or other protective devices to contain fragments. Remove fragments from the removal work before opening the lanes to traffic. 81-8.03C Reserved 81-8.04 PAYMENT Not Used 81-9-81-10 RESERVED 1053 Agreement No. 5703 82 SIGNS AND MARKERS 82-1 GENERAL 82-1.01 GENERAL 82-1.01A Summary Section 82-1 includes general specifications for fabricating and installing sign panels and markers and constructing roadside signs. Signs and markers must comply with the California MUTCD, California Sign Specifications, and the FHWA publication Standard Highway Signs and Markings. For the California Sign Specifications, go to the Department's Traffic Operations website. 82-1.02 MATERIALS Not Used 82-1.03 CONSTRUCTION Not Used 82-1.04 PAYMENT Not Used 82-2 SIGN PANELS 82-2.01 GENERAL 82-2.01A Summary Section 82-2 includes specifications for furnishing sign panels. Furnishing sign panels includes fabricating and installing sign panels. 82-2.0113 Definitions background: Dominant sign color. legend: Letters, numerals, tildes, bars, arrows, route shields, symbols, logos, borders, artwork, and miscellaneous characters that are intended to convey specific meanings on traffic signs. 82-2.01C Submittals Submit a certificate of compliance for: 1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened -process colors 4. Nonreflective, opaque, black film 5. Protective -overlay film Upon request, submit test samples of sign panels and materials at various stages of production. The samples must be at least 12 by 12 inches and include the background material and legend. At least 15 days before starting sign fabrication, submit at least 3 copies of your QC plan for sign panels. The QC plan must include: 1. Contact information for the person responsible for sign QC 2. Acceptance criteria for incoming raw materials at the fabrication plant 3. Type, method, and frequency of QC testing at the fabrication plant 4. Types and brand names of retroreflective sheeting 5. List of the retroreflective sheeting manufacturer's approved process colors, protective overlay film, and black nonreflective film, including the manufacturer's name and product name for each item 6. Manufacturer's installation and splicing instructions for the retroreflective sheeting 7. Manufacturer's instructions for cleaning each product 8. Method of packaging, transporting, and storing signs 1055 Agreement No. 5703 SECTION 82 SIGNS AND MARKERS 82-2.01D Quality Assurance The Department may inspect signs at the fabrication plant or the job site. The Department rejects formed panel signs with holes that are slanted or incorrectly spaced. The Engineer will reject damaged signs, defective signs, and signs with spelling errors before or after installation. The Department rejects a laminated panel if a 0.010 -inch -thick by 1/2 -inch -wide feeler gauge can be inserted to a depth of more than 1/2 inch between the extruded aluminum frame and the aluminum sheeting. If instrumental testing under ASTM D4956 is disputed, the Engineer's visual inspection will determine the color of the retroreflective sheeting, screened process colors, and film. 82-2.02 MATERIALS 82-2.02A General A sign panel must be produced at a fabrication plant. The sign must be imprinted with the following information: 1. Phrase Property of the State of California 2. Sign fabricator's name 3. Month and year of fabrication 4. Type of retroreflective sheeting 5. Sheeting manufacturer's identification and lot number for the retroreflective sheeting The sign information must: 1. Be imprinted in 1/4 -inch upper-case letters and numerals on the back, lower right of each sign panel such that it will not be blocked by a sign post or mounting frame 2. Be imprinted at the fabrication plant by die -stamping on aluminum panels or by an equivalent method for fiberglass -reinforced plastic signs, such as affixing a die -stamped aluminum tag 3. Not be painted, screened, inked, or engraved 4. Be imprinted such that it does not damage the face of the sign For a sign composed of multiple panels, the legend must be placed across joints such that it does not affect the size, shape, spacing, and appearance of the legend on the assembled sign. For a formed panel sign, the retroreflective sheeting for the background and legend must be wrapped around the interior vertical edges of each panel. A sign with a protective -overlay film must be marked at the fabrication plant with a 3/8 -inch -diameter dot. The dot must be placed on the lower border of the sign before applying the protective -overlay film. The fabricator determines the application method and exact location of the dot except the dot must not be placed on the legend or near bolt holes. The dot must be black if placed on a white border and white if placed on a black border. The exposed portion of the mounting hardware on the sign face, including rivets used to attach sheeting to framing members, must have a factory- or field -applied finish that closely matches the color of the background and legend of the sign face. The face of a fabricated sign must be uniform, flat, smooth, and free from defects, scratches, chips, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back, and edges of sign panels must not have bends, router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive over -spray, or aluminum marks. Protect, transport, and store sign panels fabricated with screened -process colors under the retroreflective sheeting manufacturer's instructions. Transport sign panels such that the faces of the panels are protected from damage and weather. Ship panels on pallets, in crates, or in tier racks. Ship panels vertically on edge, not stacked horizontally. Place padding and protective materials between the panels as necessary. Keep panels dry during transit. Do not store sign panels directly on the ground. Keep sign panels dry at all times and store the panels 1056 SECTION 82 Agreement No. 5703 SIGNS AND MARKERS 1. |nadry environment 3. Onedge vertically whether indoors or outdoors 3. In enclosed, climate -controlled trailers or containers in areas of high heat and humidity 4. Indoors whenever the panels will bestored more than 3Udays 82'2.0213 Aluminum Sheeting A sign panel must be fabricated from aluminum sheeting of an alloy and temper complying with ASTM B2O8. The aluminum sheeting must be pretreated for corrosion resistance as specified in ASTM 8449. The surface of the sheeting must be cleaned, deoxidized, and coated with a light, tightly-adherentchromate conversion coating free from powdery residue. The conversion coating must be Class 2 with a weight from 10bo35 mg/oqft and anaverage weight of25 rnQ/mqft. After the cleaning and coating promaoo, the aluminum sheeting must be protected from exposure to grease, oils, dust, and contaminants. The aluminum sheeting must be free from buckles, warps, dents, cockles, burrs, and other defects resulting from fabrication. The base plate for standard route markers must be die cut. 82-2.02C Retroreflective Sheeting Retroreflective sheeting used for the background and legend must comply with ASTM D495Sand must be on the Authorized Material List for signing and delineation materials. Type III, IV, VIII, IX, and XI retroreflective sheeting must have Class 1, 3, or 4 adhesive backing. Type 11 retroreflective sheeting may have Class 1, 2, 3, or 4 adhesive backing. The adhesive backing mustbe pressure sensitive and fungus resistant. Retroreflective sheeting must be applied to sign panels at the fabrication plant under the retromflective sheeting manufacturer's instructions without appreciable stretching, tearing, or other damage. The orientation of the legend must comply with the retroreflective sheeting manufacturer's instructions. The retroreflective sheeting on a sign panel with a minor dimension of 48 inches or less must be a single, contiguous sheet without splices except for the splices produced during the manufacture mfthe netroreMectiveyheedng'Asignpone|vvithaminurdirmemsiongreaterthan40inobeemayhave I horizontal splice inthe netrorefectivesheeting other than the wpUces produced during the manufacture cf the retnmrefeoi/wesheeting. Unless the retroreflective sheeting manufacturer's instructions require a different method, splices in the nstroneflentivesheeting must overlap bysdleast 1 inch. The netnoreOectivesheeting oneither side ofa splice must not exhibit acolor difference under incident and reflected light. 82'2.02D Process Colors and Film The type of material recommended by the retroreflective sheeting manufacturer must be used for: 1. colors 2.Nonneflectve,opaque, black film 3.Protective-overlay film The fabricator must perform all patterns, layouts, and set-ups necessary for the screening process. The fabricated surface of the applied screened -process color must be flat and smooth. Colored retroreflective sheeting must be used for the background except signs with green, red, blue, or brown backgrounds may use reverse -screened -process color on white retroreflective sheeting for the background color. The coefficient of retroreflection for reverse -screened -process colors used on white retroreflective sheeting must be at least 70 percent of the coeff i,cient of retroreflection specified in ASTM D4956 'for the corresponding colored retroreOectivesheeting. The legend must be a black, screened -process color or nonreflective, opaque, black film. SECTION 82 Agreement No. 5703 SIGNS AND MARKERS Screened -process colors and nonreflective, opaque, black film must have outdoor weatherability characteristics equivalent to those specified for retroreflective sheeting in ASTM D4956. Nonreflective, opaque, black film must be a vinyl or acrylic material. Cured, screened -process colors must not peel off if transparent cellophane tape with a tensile breaking strength of at least 14 Ib/in width measured under ASTM D3759/D3759M is applied over the color and removed in a single, quick motion at a 90 degree angle to the sign's face. 82-2.02E Single -Sheet Aluminum Panels The aluminum sheeting for framed and unframed panels must be aluminum alloy 6061-T6 or 5052-H38. A single -sheet aluminum panel must not have a vertical splice in the aluminum sheeting. A panel with a depth greater than 48 inches may have 1 horizontal splice in the sheeting. For a framed panel, the framing members must be aluminum channel or rectangular aluminum tubing. The lengths of the framing members must be within ±1/8 inch of the lengths shown. Aluminum channels or rectangular aluminum tubing must be welded together using the inert gas -shielded arc welding process and E4043 aluminum -electrode filler wires. The filler diameter must be equal to the wall thickness of the smallest welded channel or tubing. The aluminum sheeting must be attached to the frame with 3/16 -inch -diameter rivets. The rivets must be placed at least 1/2 inch from the web channel edges. The rivets must be made of aluminum alloy 5052 and be anodized or treated with a conversion coating to prevent corrosion. A fabricated single -sheet, aluminum panel must be within ±1 /8 inch of the dimensions shown. The panel must be flat to within ±1/32 in/ft of the panel dimensions as measured by a straightedge placed in any direction across the plane of the panel. 82-2.02F Fiberglass -Reinforced Plastic Panels A fiberglass -reinforced plastic panel must: 1. Be on the Authorized Material List for signing and delineation materials 2. Comply with ASTM D3841 3. Be weather -resistant, Grade II, thermoset polyester laminate The plastic must: 1. Be acrylic modified and UV stabilized for outdoor weatherability. 2. Contain additives designed to suppress fire ignition and flame propagation. When tested under ASTM D635, the extent of burning must not exceed 1 inch. 3. Be stabilized to prevent the release of solvents and monomers. The front and back surfaces of the laminate must be clean and free from contaminates and releasing agents that could interfere with the bonding of the retroreflective sheeting. The color of the panel must be uniform gray, Munsell color notation N7.5 to N8.5 as specified in ASTM D1 535. The panel must be cut from a single piece of laminate. Mounting bolt holes must be predrilled. Predrilled bolt holes, panel edges, and the front and back surfaces of the panel must be true and smooth. The panel surface must not have visible cracks, pinholes, foreign inclusions, warping, and wrinkles that might affect performance. The panel must be 1. At least 0.135 inch thick 2. Flat to within ±1/32 in/ft of the panel dimensions as measured by a straightedge placed in any direction across the plane of the panel 3. Within ±1/8 inch of the dimensions shown 1058 SECTION 82 Agreement No. 5703 SIGNS AND MARKERS 82-2.02G Laminated Panels 82-2.02G(1) General A laminated panel must have a honeycomb core and extruded aluminum frame laminated between 2 sheets of aluminum to produce a flat, rigid panel. The face sheet must be a single contiguous sheet of 0.063 -inch -thick aluminum sheeting, alloy 6061-T6 or 5052-H32. The back sheet must be a single, contiguous sheet of 0.040 -inch -thick aluminum sheeting, alloy 3003-H14. The core material must be 0.26 Ib/sq ft phenolic -impregnated kraft paper that: 1. Is impregnated with 18 percent phenolic resin 2. Has 1/2 -inch honeycomb cell size 3. Is fungus resistant under MIL -STD -401B The adhesive used to laminate the face and back sheets to the honeycomb core and extruded aluminum frame must produce a bond that is strong, permanent, and resistant to oil and water. The panel must withstand a wind load of 33 Ib/sq ft with a bending safety factor of 1.25 when tested for the simple span lengths shown in the following table: Panel type Nominal panel Simple span length thickness A 1 inch9"-01" B._._ 1 inch .... a 91-01, 2_-1/2 inches 14"-6" H 2-1/2 inches 1_"T4"-6" The tensile strength of the panel must be at least 40 Ib/sq in when tested under ASTM C297 and C481, Cycle B, after aging. Instead of spraying with hot water, the specimen must be immersed in water at 160 degrees F. An individual laminated panel must not exceed 24 feet in length and 5 feet in depth. An individual panel must be fabricated as a single unit without horizontal and vertical joints, splices, or seams. Use 2 panels for signs exceeding 5 feet in depth. You may use 3 panels to avoid placing the legend over a horizontal joint if authorized. Welds are not required on the side of the framing members where the face and back sheets will be placed. After lamination, 3/16 -inch -diameter rivets must be placed at each corner of the perimeter frame through the face and back sheets. The rivets must be made of aluminum alloy 5052 and be anodized or treated with a conversion coating. Sealant must be placed at the corners of the perimeter frame to prevent water intrusion. The face of a fabricated panel must be flat to within ±3/32 in/ft of the panel dimensions as measured by a straightedge placed in any direction across the plane of the panel. Wherever the panels adjoin, the gap between the adjoining edges must not deviate by more than 1/32 inch from a straightedge placed from corner to corner. Nonadjoining edges must not deviate by more than 1/8 inch from a straightedge placed from corner to corner. The face and back sheets must be flush with the perimeter frame. All panel edges must be smooth. A panel must be from —1/2 to +1/8 inch of the dimensions shown. The difference in the length between adjoining panels of multiple -panel signs must not be greater than 1/2 inch. 82-2.02G(2) Roadside Laminated Panels A laminated panel for a roadside sign must be Type B or Type H. For a Type B panel: 1059 SECTION 82 1. Channel edges must be welded together to form the perimeter frame 2. Vertical tube spacers must be welded to the frame For a Type H panel Agreement No. 5703 SIGNS AND MARKERS 1. Channel edges must be screwed to the tube channel edges with self -tapping hex head stainless steel screws to form the perimeter frame. 2. Centerline panel tube must be welded to the perimeter frame along the horizontal centerline of the panel. The centerline panel tube must be a single, contiguous extrusion without joints. 3. Vertical tube spacers must be welded to the perimeter frame and to the centerline panel tube. 82-2.02G(3) Overhead Laminated Panels A laminated panel for an overhead sign must be Type A. An individual panel must not exceed 24 feet in length or 5 feet in depth. If a panel length is not shown for a sign exceeding 24 feet in length, the Engineer determines the length. The channel edges must be screwed to the modified H sections with self -tapping hex head stainless steel screws to form the perimeter frame. Aluminum mounting clamps for A-1 hardware must be cast aluminum alloy with a tensile strength of at least 25 kips/sq in. The installed bolt torque must not exceed 100 in -Ib. 82-2.02H Formed Panels A formed panel must be fabricated from a single, contiguous sheet of 0.063 -inch -thick aluminum sheeting, alloy 5052-H32. Aluminum sheeting must be attached to struts with 3/16 -inch -diameter anodized aluminum rivets. The rivets must be placed through the sign face at the spacing shown after applying the background material and legend. The formed edges must be square. The drilled mounting holes must be straight and perpendicular to the front and back surfaces of the formed edges. A fabricated formed -panel sign must be within ±1/16 inch of the dimensions shown and flat to within ±1/8 in/ft of the panel dimensions in any direction as measured by a straightedge placed in any direction across the plane of the panel. 82-2.03 CONSTRUCTION 82-2.03A General Deliver sign panels to the job site with the background and legend permanently affixed to the panels. Do not chip or bend sign panels. Immediately replace sign panels exhibiting damage or flaws, including a significant color difference between daytime and nighttime. Obtain authorization before repairing sign panels at the job site. Use the following hardware to mount the type of sign panel shown: 1. Lag screws, nuts, bolts, and washers for roadside signs 2. Braces and wood block spacers for roadside signs 3. Type A-1 and Type A-2 mounting hardware for overhead laminated -panel signs 4. Type A-3 mounting hardware for overhead formed -panel signs 82-2.0313 Laminated Panels For laminated multiple -panel signs, place an H -section closure extrusion in the top channel of the lower panel before mounting the upper panel. When mounted, the bottom channel of the adjoining upper panel must fit together to enclose the H -section closure extrusion for the full length of the panel without gaps. 1060 SECTION 82 Agreement No. 5703 SIGNS AND MARKERS 82-2.04 PAYMENT The payment quantity for furnishing any type of sign panel is the area determined from the dimensions shown. 82-3 ROADSIDE SIGNS 82-3.01 GENERAL 82-3.01A Summary Section O2-3includes specifications for constructing roadside signs. Roadside signs include Type N (CA), Type P (CA), and Type R (CA) marker panels. 82-3.011B Definitions roadside sign: Traffic sign with 1 ormore sign panels attached to a supporting structure conaisdng of or2posts, asignal standard, oralighting standard. 82-3.01C Submittals Reserved 82-3.01D Quality Assurance When delivered to the job site, treated posts must comply with the specified grading requirements and have a moisture content of not more than 25 percent when tested under ASTM D4444 with an authorized moisture meter. 82-3.02 MATERIALS 82-3.02A General Aroadside sign inc|udeooignpone|s.famteninghardvvana.backbrauee.mtoapmandooddkabrackets, and frame assemblies for multiple sign panels. 82-3.0213 Metal Posts A mounting for a roadside sign to be installed on a barrier or railing must be fabricated from (1) welded or seamless steel pipe complying with ASTM A53/A53N1. Grade 0. and (2) structural steel complying with ASTM A36/A3GM. Bolted connections must comply with section 56-2.02D. Concrete anchorage devices must comply with section 75-3. After fabrication, all metal parts for mounting aroadside sign must begalvanized under section 7B -1.02B. 82-3.02C Wood Posts im Agreement No. 5703 SECTION 82 SIGNS AND MARKERS Nominal post sizea Allowable grades and species—t-Seleici-i-h—eart r_e_d_'w`_ood ­__ . . ...... . - I No. 1 heart structural redwood, 1050f 4by4inches | '~^2'~~^~~"^""==,°o°"^""" ! No. 1 structural light framing Douglas fir, free of heart center -- No. 1 structural light framing Hem -Fir, free ofhmartcenter No. 1 structural light framing Southern ye|lo%o . �. � eofheodcen �r Select heartd � ---- Nn 1 redwood, S5Of --__��e ec eart structural grade redwood, 11 00f —� ----� 4byGinch�o � '=`"""^°"= ' No structural joists andplanko Doug���� free of heart No. 1 structural joists and planks Hen -Fir, free heart center -- - —| _ No. 2 structural joists and planks Southern yellow pine ----� | Select heart redwood No. 1 heart structural redwood, ASOf --- Greater than 4byGinches No. 1posts and timbers, also known asno. 1structural, Douglas fir, free of _heart centerI _ �e�c structural posts and timbers Hem-Fi� �eoofheaduenter; and no. 1 timbers Southern yellow pine, free ofheart center "Gizesshown are minimum dressed dry sizes The posts must bagraded under section 57-2.O18(2).The sweep must not exceed 0,08foot in10feet. When tested under ASTM D4444 with an authorized moisture meter, the moisture content of Douglas fir, Hem -Fir, and Southern yellow pine posts must be not more than 25 percent in the outer I inch at the post's midpoint before preservative treatment. Douglas fir and Hem -Fir posts must betreated under section 57-2.Q1BCBand under AVVFAU1.Use Category UC4A.CommodbySpeo�oationA.Poot must beincised, and the minimum n�ent�nof preservative must comply with AWPA requirements. 82-3.02D Laminated Wood Box Poste The Department furnishes a laminated wood box post with an attached metal cap at the top of each post. 82-3.02E Sign Panel Fastening and Mounting Hardware Frame assemblies for multiple sign installations must befabricated from an aluminum alloy orstructural steel complying with ASTM A3G6436K8. Frames fabricated from structural steel must be hot -dip galvanized after fabrication. Back braces for asign must bemade of mild steel and hot -dip galvanized after Straps and saddle brackets for mounting sign panels on lighting standards, signntn/cturaposts, and � tna�sigmdobandardsmuedbeabainleaonh*e|comp|yingwithA8TMA1G7. Type 3O2B.Theft-proof bolts must bestainless steel with aohvomium content ofotleast 17 percent and a nickel content of at least 8 percent. Bolts, except theft -proof bolts, lag screws, metal washers, and nuts must bomade ofcommercial-quality steel and hot -dip galvanized after fabrication. Fiber washers must be commercial quality. Galvanizing must comply with section 75-1.02B. 82-3.03 CONSTRUCTION 82-3.03A C3mnero| You may cut the ends of wood posts atthe job site. If cutting or boring isperformed after treating posts with preservative, manually apply preservative to the cuts and holes under section 57-2.018(3). Treat wood block spacers inserted between the post and sign panel on single -post installations with wood Agreement No. 5703 SECTION 82 SIGNS AND MARKERS If you do not immediately use laminated wood box posts, neatly stack them on dunnage. Donot paint wood posts and block spacers unless described otherwise Drill 2 holes in each wood post to provide the breakaway feature shown Make breakaway saw cuts and holes for the saw cuts in laminated wood box posts after installation of the posts. Dnnot splice the posts. You may make 1trim cut atthe bottom of the post. The line between the center cfthe top ofapost and the center ofthe post atground level must not deviate from ep|umb line bymore than 0. 02 hoot in 10 feat. Backfill the space around wood posts with earth or sand that is free of rocks or other deleterious material. Backfill around laminated wood box posts with granular material. Place the backfill material in layers approximately 1/3 foot thick. Moisten and thoroughly compact each layer. Backfill the space around metal posts with minor concrete that contains at least 470 pounds of oemenhhouumaterial per cubic yard. Unless surplus excavated material is hazordouo, uniformly spread it along the adjacent roadway where designated bythe Engineer. 82'3.8313 Sign Panel Installation Install lag screws by turning the lag mcnavv into pilot holes using a wrench. Bore the pilot holes with o bit diameter equal tothe root diameter cfthe lag screw thread. Apply PVC tape, polyethylene tape, or other authorized corrosion -resistant barrier to the areas on metal sign surfaces orhardware that will beincontact with treated wood. Before inserting bolts, fill the bolt holes with the hardware manufacturer's recommended corrosion -protection grease that will not melt or run at a temperature of 150 degrees F. The corrosion -resistant barrier and grease is not required if wood posts and blocks are treated with pentachlorophenol in hydrocarbon solvent. 82'3.04 PAYMENT An installed roadside sign consisting of one or more sign panels attached to: 1. 1post in1measurement unit ofroadside sign one post 2. 2 posts is 1 measurement unit of roadside sign -tmopVet 3. 1 or 2 laminated wood box posts is I measurement unit of install roadside sign (laminated wood box post) The payment quantity for metal (rail mounted sign) and metal (barrier mounted sign) is determined by the scale weight ofthe pipe posts, base plates, anchorage assemblies, and other metal parts used tomount aroadside sign onabarrier orrailing. The payment quantity for roadside signs installed by the strap and saddle bracket method on electroliers, sign structure posts, and traffic signal standards and by the mast arm hanger method on traffic signal mast arms iothe quantity ofthe sign panels onthese elements. Payment for furnishing sign panels is not included inthe payment for roadside signs 82-4 SIGN OVERLAYS 82-4.01 GENERAL Section O2'4includes specifications for installing sign overlays. 82-4.02 MATERIALS Sign overlay materials must comply with section 82-2.02, A self -plugging blind rivet for installing a sign overlay must have a 3/16 -by -5/8 -inch shank. 82'4.03 CONSTRUCTION Drill the rivet holes with uno. 1Odrill bit, Ifthe overlay isnot prepunched.the maximum rivet spacing is1G inches. SECTION 82 Agreement No. 5703 SIGNS AND MARKERS If the existing sign panel is porcelain -enameled steel, drill the rivet holes with a diamond bit. Cover the exposed metal around the hole with a thin coat of silicone adhesive. 82-4.04 PAYMENT Not Used 82-5 MARKERS 82-5.01 GENERAL 82-5.01A Summary Section 82-5 includes specifications for fabricating and installing markers, including highway post markers. 82-5.01B Definitions Reserved 82-5.01C Submittals Submit a certificate of compliance for: 1. Metal target plates 2. Enamel coating 3. Retroreflective sheeting 82-5.01 D Quality Assurance When tested under California Test 671, the enamel coating on metal target plates must have satisfactory resistance to weathering, humidity, salt spray, and chemicals. The enamel coating must have: 1. Satisfactory adherence and impact resistance 2. Pencil lead hardness of HB minimum 3. 60 -degree specular gloss of 80 percent minimum 4. Excitation purity of 3 percent maximum: 4.1 As received 4.2 After 1,000 hours in an artificial weathering device as specified in ASTM G155, Table X3.1, Cycle 1 5. Daylight luminous directional reflectance, Y value, of 70 minimum The Department may sample metal target plates for testing at the production stages for the lot and sample sizes shown in the following table: Metal Target Plate Sampling Production e Lot size Sample size Finished target plates Less than ,5,000 5 target plates 5,000-10,000 10 target plates Flat sheet stock _ 10,000 sq ft or lessa Five 12 -by -24 -inch specimens Coil stock 5,000 Ib or less Two 12 -by -12 -inch specimens or one 12 -by -24 - inch specimen aFlat sheet stock must be identifiable with parent coil stock. The Department rejects the entire lot if either of the following occurs: 1. Any sample does not comply with section 82 2. Zinc -coated steel sheets show any evidence of damage to or removal of the zinc coating If the Department chooses to resample, the sample size may be twice the number shown in the table titled "Metal Target Plate Sampling." 82-5.02 MATERIALS 82-5.02A General A marker must be on the Authorized Material List for signing and delineation materials. 1064 Agreement No. 5703 SECTION 82 SIGNS AND MARKERS 82-5.0213 Wood Posts A wood post must comply with section 82-3.02C. 82-5.02C Metal Posts Steel for a metal post must comply with ASTM A36/A36M. A metal post must be galvanized under section 75-1.02B. 82-5.02D Flexible Posts A flexible post must be white except where shown as yellow. The flexible post must be free from burns, discoloration, contamination, and other objectionable marks or defects that affect appearance or serviceability. 82-5.02E Target Plates A target plate for a Type K-1 (CA) or a Type K-2 (CA) object marker must be the same color and material as the flexible post. A target plate for highway post marker or Type L-1 (CA) or Type L-2 (CA) object marker installed on a metal post must be manufactured from an aluminum sheet or zinc -coated steel sheet. Galvanize steel sheets under section 75-1.02B. Zinc -coated steel sheets must comply with ASTM A653/A653M, Commercial Steel, Types A, B, and C. The nominal thickness of a zinc -coated steel sheet must be at least 0.038 inch. Prepare zinc -coated surfaces to produce optimum adherence of the enamel coating without damaging or removing the zinc coating. An aluminum target plate must be aluminum alloy 3003-H14. You may use other alloys having equivalent properties if authorized. The nominal thickness of an aluminum sheet must be at least 0.050 inch. Prepare the aluminum sheets for the enamel coating by a suitable cleaning method to remove contaminants and by uniformly applying an acid -chromate -fluoride, acid -chromate -fluoride phosphate, or equivalent chemical anticorrosion conversion coating. Cut the target plate to size and shape and punch the mounting bolt holes. The surfaces and edges of the plate must be free from fabrication defects. Coat the pretreated metal target plate with an opaque white coating on both sides using a 1 -coat or 2 - coat system. When tested under California Test 671, the dry film for the: 1. 1 -coat system must be uniform and have an average thickness of at least 0.75 mil with no individual measurement less than 0.65 mil 2. 2 -coat system must consist of 0.10- to 0.20 -mil -thick primer and have an average thickness of at least 0.75 mil, including primer and top coat, with no individual measurement less than 0.65 mil If using a 1 -coat painting system, fabricate a zinc -coated steel target plate, including shearing, cutting, and punching, before starting the enameling process. The enamel coating on a metal target plate must be the product of a commercial manufacturer. Apply the enamel coating by spray, dip, roller, or continuous roller coating. You may use other methods if authorized. The coating must be smooth and substantially free from flow lines, paint washout, streaks, blisters, and other defects that might impair serviceability or detract from the general appearance. A finished metal target plate must not have dents or defects. The maximum edge -to -edge surface deviation from a horizontal plane must not exceed 1/8 inch. 1065