Loading...
CONTRACT 5810 Public Works Contract CLOSEDAgreement No. 5810 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND CT&T CONCRETE PAVING INC. ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 This CONTRACT is entered into this 61 day of November, 2019, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and CT&T Concrete Paving Inc.. ("the Contractor"). 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 ftimisb 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 Ninet-Nine Thousand, Eialit-Hundred, Eight Dollars ($99,808.00) for the Work in the y manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. I -D-1 Agreement No. 5810 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within thirty (30) working days (the "Contract Time.") 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: i. 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. 5810 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 parry 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 Jose Carvajal President CT&T Concrete Paving Inc. 324 Diamond Bar Blvd., PMB 275 Diamond Bar, CA 91765 (909) 629-8000 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 -D-3 Agreement No. 5810 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 FEL SEGUND0 Ycote Mitnick City Manager ATTEST: Tracy %eaver, City Clerk APPROVED AS TO FORM: MARK D. BENSLEY, City Attorney By: Davi 4. King, Assistant City Attorney Insurance Reviewed by: V?, la -5- 11 I -D-5 Agreement No. 5810 `f, -Kres,ident CT&T Concrete Paving Inc. Taxpayer ID No.,2-6 Z ZIZZ 7 - Contractor State License No.: 9756-L-7 Contractor City Business License No.: -35 7 S 0 0001!!!RMT@! 1773 1 R14 9! 11110 reWPIjul 6 0171 q 111111110 in 1 9 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 of that document. State of California County of Los Angeles On \/ ,46, . 114'"a 2t)19 before me Daniel A. Butler, A Notary Public , (Here Insert name and IIBe o?9 the vOYrCer) Ti - personally appeared se- C tt-vek:j A-1) . ... _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) Is re subscribed to the within instrument and acknowledged to me that e he/they executed the same in is er/their authorized capacity(ies), and that by Is er/their signature(&) 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 foregoing paragraph is true and correct. V.^a DANIEL A. BUTLER WITNESS my hand and official seal. Commission No. 2236766 NOTARY PUBLIC -CALIFORNIA ?' OANGELES COUNTY My COMM Expires „AP IL20"2'2 Nota'i Oubloc 'Signature re (Notary Public Seal) " ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT __. ct I; L_ W,,�ks �-PtnA —Aof. .......... (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Offi er �`a1� (Tffle) ❑ Partner(s) ❑ Attorney -in -Fact r-1 Trustee(s) ❑ Other www NotaryClasses, coin 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM TilxSform a°ermplies rrilh currew California sturaateas regarding rosary ivurding carrel, a 'Pleedeal. slrordt "dray caimpleraeel spec! aaaached is the eloc°urnent, Ackr owledgme ne fiver 01her vaales maC'i� h atrrrr,lrl"weyior ai'tr�innents l�i"irrg"sent to 1hol sleve so long cis Clad nvrarelirrg doas: not r[quire Olen Cerirlfinwiaa ratarevy to ooleaic C arliifiwarro notaara, i'rrar�, • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed Ilya comma and then your title (notat)a public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singkitar tar plural fbnris by crossing off incorrect 11orr'ns (9.e, #Wsh+:ttktoy;- is l ) or circling tide co Tcct fonrrs„ Failure to corrccdy indicate this intorrntation may lead to rejection of clocutncnt, recording. • The notary scaol irnprt.%sion must be clear a ud photograrphi+ ally reproducible. Irrnpressiort marst not cover text or lines. It' seal impression smtidges„ re -seal if a srafficient to°na permits, otherwise cum,plete a different acknowledgment franca, • Signature of the notary public must match the signature on file with the office of the county clerk. Additional info nnaation is not required but could help to ensnare this acknowtcdgment is not misused or a cached to a different document. Indicaw title or Type, of°tamiched document, number of pages and date. Indicate tyre catpacrty clairned by the signer. It" the claimed capacity is a corporate officer, indicate Ole titre; (Ec. CEO, t`F0, Sccroa D,), • Securely ittrt:aeNa rtlais daacu,rrtetrt, to trite signeal document +vntllu a sea,p1tr. Agreement No. 5810 LABOR AND MATERIALS BOND ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Bond No. RCB0024544 Bond Fee: listed on Performance Bond Executed in Duplicate CT&T Concrete Paving, Inc. ,principal ("PRINCIPAL") and _Q.Dtractors Bondna and Insurance Comte , a corporation incorporated under the laws of the State of Illinois 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 NINETY-NINE THOUSAND. EIGHT -HUNDRED. EIGHT DOLLARS ($99,808.00), 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 ADA IMPROVENVKNETS TO CITY PARKING FACILITIES, SPECIFICATIONS NO. PW 19- 28, CDBG PROJECT NO.: 602064-18 ("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 19-28, CDBG PROJECT NO.: 602064-18, 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 19-28), 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. PRINCIPAL will pay all Contractors, Subcontractors, and persons renting I -F-1 Agreement No. 5810 equipment. 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 19-28, CDBG PROJECT NO.: 602064-18, 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 ITY;otherwise this obligation will re in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F-2 SIGNED ANDS LED this 7th day of CT&T Co0eLet , %. -- Jose- Cierv&�4 'A.l!-s"SECRE T AR Y— To s- Ca rv., a.Q PRINCIPAL's MAILING ADDRESS: 324 S. Diamond Bar Blvd., PMB 275 Diamond Bar, CA 91765 Agreement No. 5810 November , 20 19 Contracto Bonding a rance Company S s P -,-S7 T Irene L ng, Attorney -in -Fact N/A SURETY'sSECRETARY SURETY's MAILING ADDRESS: 111 Pacifica, Suite 350 ........... 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. II -B-1 Agreement No. 5810 Certificate pursuant to 995.640(a) Code of Civil Procedure DEAN C. LOGAN , County Clerk of the County t1tv State of Califbmia, in and for said County JO HEREBY CERTIFY THAT �14a-i a ce th surety issued by the fthfo"rnla, nsurafjoe Goinrntssiarwiumorizing o'se rosurei to transam surety insurance in Me Szarw of Calffornia arta mrx Dasw oil the recoids, snown in trie Uepaftent of msutarice weosne, inat aum:ority nab 001 DOW I SU(Je()0b4W, IWMO, CaflCefed, annulled, of -suspenced, in restinvony Whwwf, I have hereunto set iny nano and afteo the seal of said County on C COUNTY CLERK 13Y.- Deputy County Clok C- Ch5EN :4 112 . 4 0 01711.4 :4 1110 6 IN 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, I o and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On 4d syltl I � � w�19 before me, Daniel A. Butler, A Notary Public II'tte or Ina rat'ticer) personally appeared..�...�.`..oreln�srlrtrart eLLatlo......_ who proved to me on the basis of satisfactory evidence to be the per sons) whose name() Is re subscribed to the within instrument and acknowledged to me that (ieshe/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(e) on the instrument the person(, 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 foregoing paragraph is true and correct. DANIEL A. BUTLER a, Commission No. 2239769 WITNESS my hand and official seal. ids` NOTARY PUBLIC -CALIFORNIA OG A E LES COUNTY M Comm Ex Expires IL B Notary Public Sigrlature (Notary Public Seal) 4 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 7lra.ti fele"Mid con; Vies ra'dtJr' d"drN"a"ti r'tt t,"calrJrAr'Arirr sdt,r"dtli°5 LrY C�PMi A7 PddNA +4M1 (AA C�dAdg 77-0d. DESCRIPTION OF THE ATTACHED DOCUMENT ?f iteceie'"f, shoed el be crampld^'ted and (Worchecd to the ticra-rdrarenr Acknosvlocigrr eats ftom sits that Y"ddFdd''" , iota -0'r lfired"d10dre f@dde✓'�es w as IN, s Cer"fl,Pn tIY the C�&A'(?for7,rrCFa�d-0darE"7a'y to viola to call �5" lP p ,d Y'dC7ll7tC' �„e"Ilf�R7A"7'6Pd7 �P887dGdd'1't n „„,.... (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. ____-_ description tlnued) (Title or of attached document con • Date of notarization must be the date that the signer(s) ',personally appeared which must also be the same date the acknowledgment is completed. Number of Pages Document Date • The notary p:atibhe must print his or her name as it appears within his or her ±_ commission foilow'ed by at comma and then your title (notary public.). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate flit correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) Iaatfsht„t14trsy:-- hi JAI ) Or circling; t'hc correct forms, Failure to correctly itudtcatc this Corporate Officer information may lead to rejection art"doeumcnt recording, . The notary seal Itrapsres be ;da!�, :f aerie trnist Blear and photographicrtl'ly reproducible. Impression I'1r`11tw-, rimst non Cover text or htl,es. If %CIO Impression smudges, re -seal if it - (Title) suflactent alrea paerrnits, otherwise completea difrerem acknowledgrocn't forrt, ❑ Partner(s) Signature ear u'llc nwary p ublics must match the signtaurc on file ,v'ith the office of' El Attorney -in -Fact the county ctcrk'' additional information is not required but could help to crlsu,are this ❑ Trustee(s) acknowledgment is not misused or attached to a different documcnt. ❑ Other ln&ate title ear t'°ypc of lattuched docurnent, number or pages ;wd date. • Indicate the capacity claimed by the signer. If tete clainroed copacity is a corporate officer, indicate the title (i.e. CEI CFO, Secretary), � www NotaaryClasses.com 800 310-9865 Securely attach this document to the sigrtccl alocument 1M°itll a stIlplo, Agreement No. 5810 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 of that document. State of California County of Los Angeles On 64r- I 1"t"I "Z6 iL before me, Daniel A. Butler, A name Public (Moro amso�n , me and aaie or me pttceo C.a....... _.... personally appeared TO. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&)Is re subscribed to the within instrument and acknowledged to me that <e he/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(&-) on the instrument the person(&), 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 foregoing paragraph is true and correct. •�. DANIEL A. BUTLER WITNESS my hand and official seal. Commission No. 2239769 •i NOTARY PUBLIC -CALIFORNIA zdzC OS ANGELES COUNTY yComm a APRIL ze, 20 22 2 ._ Notary Public i nature (Notary Public Seal) N ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ............. n (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ElIndividual (s) Corporate Officer : d .,9 fira, (Title,) t ❑ Partner(s) ❑ Attorney -in -Fact E]Trustee(s) r-1Other www NotaryClasses.corn 800-873-0865 INSTRUCTIONS FOR COMPLETING THIS FORM This,Porno conirphes aa°ith r:urrent C°raltfirrntra statutes regtar•di'ng notaapy wording and, "'rrecareal .slroaelal be a°ompletcd and aatiaac°hera'to the ciocumena. rlc°�raaaae,leel�rraerads ,Oi•aarn other° states ora 'I, be c°ompleled,f ar drab rnents being sent to Chart starte .so long as the ",or eiing does mart realartre the° t'crlq" ornira nratrar v to violme C'rafrf ar niar notary rarrv. • State and County information rnaast be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date Ilia( the signer(s) personally appeared which must also be the same date the acknowledgement is completed. • The notary public must print his or her name as it aappcaars within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indieme the correct singuhlr or plural forttts by crossing off incorrect forms (i.e. tae/s4tc,° is frau+) or circling the corretM,t forms. failure to correctly indicate this inffonnatirm rataay lead to rejection of'docattaacnt recording. • 'f'Iac not, seal itnpressiora mast be cicaar arld photogratphicaUy reproduciblar. Impression must not cover text oa' lilies. If soral impression smudges, re -seal if as sufficient arca permits, otherwise complete a diffcraatat acknowledgment form, • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to crtsure this acknowledgment tis not misused or attached to a different docur"Unt. Indicate title or typo: oaf aattachcd document, number of psages and date. Indicate the capacity chaitated by the signer. If the claimed capacity is a corporate officer, irtdicatc the title. (i,e. CEO, t T'O, Secrertary). • Securely attach this document to the signed document with a staple. .�............................ _w_ww._..www...................... _...rf�r�m�nt r. 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 of that document. STATE OF CALIFORNIA County g of Orange On November 7, 2019 before me, Robyn R. Kargari Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong 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) ��'► ROB (IN R. KARGARI acted, executed the instrument. �COMM. # 2296844 " NOTARY PUBLIC N I certify under PENALTY OF PERJURY under the laws of ORANGE COUNTY N the State of California that the foregoing paragraph is true y MY COMM, EXP. JULY 13, 20233 and correct, A 1r Me iw ism wi iii i p• Witness m=ary seal, ----,-., Signature Place Notary Seal Above yn R. Kargah 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: ....................................... Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General I ❑ Attorney in Fact • • - ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing POWER OF ATTORNEY Agreement No. 5810 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. Moilanen, Stephanie HOana, P. Austin 'Neff, Irene Luong, iointly or severally in the City of Mission Vieio . State of California its true and lawful Agent(s) and Attomey(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 f' $25.000„000"00 .1 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 „-„„ ; „eptember „ 2019 . ,,,xw,, , r AND ON .T& SE '= V�LLIN0�5 � State of Illinois } SS County of Peoria JJ) On this I01h day of ,.. 5cnjcmibcr . 2019, before me, a Notary Public, personally appeared Barim W, Davis . who being by me duly sworn, 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 dear) of said corporation. By. t J� Gretchen L. Johnigk Notary Public F�01�111�10111rf GRETCHEN L JOHNIGK "OFFICIAL SEAL”M Commission Ex iros Y P May 28, 2020 RLI Insurance Company Contractors Bonding and Insurance Company By: Al'"i 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 tltc attached Power of Attorney is in full force and eJ3ect and is irrevocable; and furthermore, that the Il,csolution of the Company as set rorth in the Dower of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the ILLI Insurance Company and/car C tr ;s I artd Insurance Company this day of I �I RLI Insurance Company Contractors Bonding and Insurance Company A4"ey:) By. . Jean M tephenson Corporate Secretary 0456659020212 A0058817 Agreement No. 5810 PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT FAITHFUL PERFORMANCE BOND ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO,: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Bond No. RCB0024544 Bond Fee: $1,437.00 CT&T Concrete Paving, Inc. Executed in Duplicate ("PRINCIPAL") and Contractors Bonding and Insurance Company a corporation incorporated under the laws of the State of llinois 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 gum of NINETY-NINE THOUSAND, EIGHT-HUNDRED,.EIGHT DOLLARS ($99,808.00), 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, ADA EW -ROVE NITS TO CITY PARKING FACILITIES, SPECIFICATIONS NO. PW 19-28, CDBG PROJECT NO.: 602064-18, 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 19-28, CDBG PROJECT NO.: 602064-18, 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 19-28) 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. I -E-1 Agreement No. 5810 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 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 19-28, CDBG PROJECT NO.: 602064-18 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 Agreement No. 5810 SIGNED AND S"', LED th's 7th day of November 20 19 CT&T C r t9 C, Contracto nding an nsu nce �Co W —7 P _ I Ire L ose-(?Ar SIJTY(s PR�,� Ire Luong, Attorney -in -Fact N/A X, 0 PAtECKETARY—Mtz rve,3J SURETY's SECRETARY PRINCIPA-L's MAILING ADDRESS: SURETY's MAILING ADDRESS: 324 S. Diamond Bar Blvd., PIVIB 275 111 Pacifica, Suite 350 Diamond Bar, CA 91765 Irvine, CA 92618 . .. ... ..... NOTE: (1) ALL signatures must be acknowledged by a notary public. Retum 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. 5810 Certificate pursuant to 995.649(a) Code of CIvII Procedure Mate of C R County Cleat of the County I . If .t A rlt lifomia, in and for said County X HEREBY CEI ,rIIFY THAT has a ce i at6 �0-�a'UvKorftv''Is' aro a anitled surety ig sued by the Call ornia insurance Commissioner autnonzing the insurer to transaa surety insurance in the State of Cai toms. ano thom cased on the , ecoras shown in the Department of Insurance website: that authority nas not ►men surrendered, revoiteo, canoeled, annulled, or suspenaed In y to pt y an est seal of said Count � �� oere�rt~r I have n r� Rai t t� ttx�d the .... . t COUNTY CLERK BY: Deputy County Clerk W Agreement No. 5810 SIT 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 of that document. State of California County of Los Angeles On before me, Daniel A. Butler, A Notary Public (Here Insert name and title of the officer) peared To <—c ct V61 who provled to me on the basis of satisfactory evidence to be the person (e) ry p (e) whose name() Is re subscribed to the within instrument and acknowledged to me that (EDshelfthey executed the same in is er/their authorized capaciity(ies), and that by Is er/their signature(&) 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 foregoing paragraph is true and correct. DANIEL A. BUTLER ,..�„„.Commission No. 2239769 WITNESS my hand and official seal. 1311^2 NOTARY PUBLIC -CALIFORNIA T LOS ANGELES COUNTY w M 2B, 2022 ����,.�.„•� y Comm Expires APRIL r Notary Public Signature (Notary Public Seal) 4. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) COrpp ate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other trvtnnnr.NoWyCla,8tssxmn Boo 873 9865 INSTRUCTIONS FOR COMPLETING THIS FORM This.torrn complies ivah current t olifornirr slatute.s regarding nolwy wording and, ifneeded, shoarld be completed and attached to the document-4rrltrtoar„ledgpnment.s from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shc/144oy is *-e ) or circling the correct forms. Failure to correctly indicate this inf6rmartion may lead to rcjcction of document recording. • "rhe nolary scall impression mast be clear and photographically reproducible. Impression must riot to>wvtr text or litres. If send impression smudges, re -scall if a skitftient arca perora'its, otherwise complete a differcrtt acknowtedgment form • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could lta:t)a to ensure this a acktta;m0edgment is not misused or attached to a different document. Indicate titic or type of Mulched document„ number otf'pages and date. Indicate the capacity claimed by tltc signcr, It' the claaimod capacity is a corporme officer, indicate lite title (i.c» CEO, t„laid„ Secreulry). • Securely attach this document to the signed document with a staple -� ®Aareement No. 5810 .11 0 ;V T I -Wil 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 of that document. State of California County of Los Anqeles On Njbv'el^�r 11+1-)2®19 before me, Daniel A. Butler„ A Notary Public , 0 (Here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) Is re subscribed to the within Instrument and acknowledged to me that (bDshe/they executed the same in Is. er/their authorized capacity(�es), and that by Is er/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 foregoing paragraph is true and correct. DANIEL A. BUTLER WITNESS my hand and official seal, Commission No. 2239769 ► d NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY ,11.4�.�^ My Comm+c,r Expires APRIL 26, 2022 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT f::;; 4A1 boo7J ...................... (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) www,NotaryC;lasses.corrr 800 873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other stales may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/thi , is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Itatpression must not cover text or dines. If serol impression smudges, re -seal if a sufficiclft area permits, otherwise complete a different acknowledgonent form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Ind'icAte that ctapacity claimed by the signer. If the clatitncd capacity is a corponve otl'ticcr„ indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Corporate Officer 5.e, rt.'. ," ,r.. .� (Title) t ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other www,NotaryC;lasses.corrr 800 873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other stales may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/thi , is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Itatpression must not cover text or dines. If serol impression smudges, re -seal if a sufficiclft area permits, otherwise complete a different acknowledgonent form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Ind'icAte that ctapacity claimed by the signer. If the clatitncd capacity is a corponve otl'ticcr„ indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. _.......... _ _ AarPPmPnt Nn 5 1 D 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 of that document. STATE OF CALIFORNIA County of Orange On November 7, 2019 before me, Robyn R. Kargari Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name4's,i 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) OF IG"ROBYN Z ICARGARI acted, executed the instrument. COMM. # 2296844 X a NOTARY PUBLIC -CALIFORNIA I certify under PENALTY OF PERJURY under the laws of ORANGE COUNTY N the State of California that the 'foregoing paragraph is true MY COMM. EXP, JULY 13,2023 1 and correct. Witness my ha official seal. Signature Place Notary Seal Above si ad N84, y P'u�,ro�bynR,�KargaCT 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 I 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—Title(s): ❑ Partner ❑ Limited ❑ General • • - ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer is Representing. Signer is Representing: Top of thumb here POWER. OF ATTORNEY Agreement No. 5810 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. Moilanen. Steribanie lJoang, P, Austin Neff. Irene Luong. `off ar_tly 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 („$25.000.000.00 ) 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 y anted by facsimile." signature of any such officer and the corporate seal ma be printed ITIT....... 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 21st day of October 2019 RLI I ranee Com an �"�C „, o, i i � o,n," wr'rur a rror Wtlra •„M"`,r,GAN02,rp°.tw"°4'p„"°r°°ro ' " ;® 8 z y /LCINOts"„a, 14 PtNOM >M"� State of Illinois l °r'++ruepro100:1'" } SS County of Peoria J On this �_ clay of flcto cr , 21!19 before nte” a Notary Public, personally appeared on \V, Davis , who being by me duly, sworn, acknowledged that lie signed the above Power of Attorney as the aforesaid off"icer of the RIM insurance Company andJor Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t �!LO"C Gretchen L. Johnigk Notary Public GRETCHEN L JOHNIGK o aitnnv �uu�uc "OFFICIAL SEAL: s'sn.0 is of (�PlI iM�/F M Commission Expires y May 26, 2020 nsu p y Contractors Bonding and Insurance Company By: l . � i Barton W. Davis Vice President CERTIFICATE 1, the undersigricd officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company" do hereby certify that the attached Power of attorney is in full f'°orce 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 whercof, I have hereunto sct my hand and the seal or the 'RLI Insurance Company, an&'or Contraors Bonding and 'Insurance Company this day of l 7 2wi RLI Insurance Company Contractors Bonding and Insurance Company A4"zly�3 By:. lean d, teplrcnSon Corporate Secretary 04566590201/2 A0058817 Agreement No. 5810 PROPOSAL FOR THE ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Date August 6 2019 Company Name: CT&T Caner i' 'D9 Inc. 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 El Segundo's option, be considered null and void. I -C-1 Agreement No. 5810 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. , FFIII,,mA,"r 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. N'47NC-()U I,JJSI( �N DE I t "I I+D w 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. 5810 BID SCHEDULE I -C -3a ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Company Name: c, TA .f 1 Wt,+C Po w n q Base Bid Items Unit Price Item Total Item Description Estimated (in figures) (in figures) No. Unit Quantity Dollars/Cents Dollars/Cents 1 Mobilization/Demobilization LS 1 bovo 0 0 0. ' w 2 Temporary traffic control LS 1 i , 07PJ °`' li p 1) 0 3 Sawcut, remove and haul SF 4320-0 3 2- (p o ' away existing AC pavement ® 4 Sawcut remove and haul LF 148 c away existing curb & gutter 12 5 Sawcut, remove and haul away SF 821 existing sidewalk , 6 Remove existing striping SF 1,233 u � I II'I 7 Remove existing sign and post EA 15 1 o o . `'� IJ 5 00 8 Remove existing parking EA 10` ®" ubumpers 9 Install curb ramps EA 5 00, L70. �o 10 Install 4" PCC sidewalk SF 530 �'� o 5q o , 11 Install 6" curb & gutter LF 94 12 Install AC (PG 64-10-C) TN 17 a �' 0-0 g " 13 Install AC (PG 64-10-13) TN 17 eo V 14 Install metal handrail LF 36 q v e'O 5 a { 15 Install sign and post EA 24 300. CIO .700 I -C -3a 16 Paint blue curb LF 284 17 Paint 4" white line LF 1,688 18 Paint 4" blue line LF 897 I 19 Install ISA wheelchair marking EA 17 20 Install pavement markings SF 27 21 Install parking bumper EA 8 22 Install tactile warning strip EA 4 23 Crack seal (between AC & EA 2 PCC joints) TOTAL BASE BID FOR ITEMS 1-23 IN FIGURES _$ 1q p 301�' c� Agreement No. 5810 TOTAL BASE BID FORITEMS 123 WRITTEN IN WORDS: lj l yl - Nine Th ovs Oin 4, quod red a and �I rp - bDI f CAVs avid o.PN 0 Le4l+S I -C -3b UV `ro loo $0-0 ° cv I ° c TOTAL BASE BID FORITEMS 123 WRITTEN IN WORDS: lj l yl - Nine Th ovs Oin 4, quod red a and �I rp - bDI f CAVs avid o.PN 0 Le4l+S I -C -3b Agreement No. 5810 BIDDER'S INFORMATION Company Name: CT&T Concrete Paving Inc. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) Corporation If corporation, State of Incorporation (i.e., California) California Business CT&T Concrete Paving Inc. Address 324 S. Diamond Bar Blvd, PMB 275 9 .22*20 M 0 Telephone No. 909-629-8000 Facsimile No. 909-629-8001 Federal Tax Identification Number 202642225 State Contractor's License No. and Class 875627, C-8, C-12 Original Date Issued 4/5/2006 Expiration Date 4/30/2020 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: Jose Carvajal, President, Secretary, 4671 Palm Ave, Yorba Linda, CA 92886; 909-629-8000 Ext 102 Jackie Carvajal, Treasurer, 4671 Palm Ave, Yorba Linda, CA; 909-629-8000 Ext 101 ............. 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 RBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: N/A I -C-4 Agreement No. 5810 BIDDER'S INFORMATION (CONTINUED) Company Name: CT&T Concrete Paving Inc. Bidder shall list the name of the person who attended the pre-bid job walk: Name: N/A Title: I -C-5 Agreement No. 5810 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this Sk— day of w L, ,, * 20/9. BIDDER Subscribed and sworn to this NOTARY PUBLIC A fieAe ddpc' p far dYhlf olheef 00 . p1,„,g a thiscendlcNe "'�„�„���„� tM MdeneAy err q+e IgS�Mvtt9waaM tales alpne •he crncument No wtTi&h 1Rtite teftA'iie ie ntiedteA,' end net tyle Y idlRdne”, eeuxaey , +alidity of that document. Satob of Caftm•a, County of ��� � r i ' �' � !; Subwjfmd wW sworn to 1!0' afft,rnedy beforb me on this 5t,day ti d bf3fa_a�faCOory 8 en ta,�, or . l I. PMYW to on the hP^ , of to be tho persons) whoa q�e Bapnatu'fe���e'sbp day of .20—. I -C-6 DANIEL A. BUTLER Commission No. 2239769 �d NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY x+w w My Comm Expires APRIL 26, 2022 Agreement No. 5810 PROPOSAL GUARANTEE BID BOND ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMM J ITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 KNOW ALL MEN BY THESE PRESENTS that, CT&T .C.oncrete Paving, 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 (1096 of Total Bid ),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 2nd day of August . 20 19 BIDDER* CT&T Concret Pav 24,5. Diamond Bar sled., PN® 275, Diamond Bar, CA 91765 X Ph: 909-629-8000' SURETY* Contractors Bonding and Insurance Company 111 Pacif ' Suite 35 Irvi ," , CA 926;S ----Ph: Ph: 949-341-9110 ne By: Irene Luong' tto d y -in -Fact Subscribed and sworn to this 2d 'Of August , 20 19 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. *The Bond Exchange and Insurance Agency 24800 Chrisanta Drive, Suite 160, Mission Viejo, CA 92691 Agency Telephone: 949-461-7000 I -C-7 Agreement • 5810 CALIFORNIA .1, PURPOSE r rr CERTIFICATE OF 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 of that document. State of California County of Los Anqeles On Zt),)~" before me, Daniel A. Butlers A Notart Public .� I'Here Insal manna and tltlo oh the oat6Cer'y - personally appeared .—Fbl S.e �11 rV"Y k L -c r , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&-) Is re subscribed to the within instrument and acknowledged to me that e he/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(s) on the instrument the person(e), 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 foregoing paragraph is true and correct. DANIEL A. BUTLER WITNESS my hand and official seal _ Commission No. 2239769 ='' NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY My Comm Expires S APRIL 28, 2022 c � •+`� Notary Public Signature (Notary Public Seal) 4 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ElIndividual (s) IIIIa Corporate OffiZer (Title) ElPartner(s) ElAttorney-in -Fact E:]Trustee(s) ❑ Other www.NalaryC;lassIes.conj £300-€37:3-9865 INSTRUCTIONS FOR COMPLETING THIS FORM 7'7rts°„fsar°ara carrar7 HOS "Wh cater W 011i1'ornita staalides regarding rtasta y tvoradang ramal, 'raaaradeaa xshol dtdbe crarrr7.wleleed aalyd aloacheil to the docararrerri, 4e rrntr Jarf ar:a sans d'rom other stales r oa v be s-rampiere d fil?, c ocra rtents being senate io that ,riwe .so long as the 11-orefing does nor require t7 er C:e lforn ar mwaary lar violarta: C alrfornira nolaary deaav, • Stew and County information must be the State and County where the document sigricr(s) personally appearLd t>dure the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her a:antann'issioii f"olfowed by a comma rand then your title (notary pttbhc). • Prot" the rim-nc(s) of document signur(s) who personally appear at the time of notanrization, • Indicate the correct singulm- or plural lorna,s by crossing off iancoutct tomis (i.e. Baelsha "tom is ,are) or circlong the correct forms. Fai'ture to corrccd), indicate this in1b"I"tatiort may lead to rejection ot'dou;ument rccordine. • The notary scat impression must be clear and photographically reproducible. hnpressicn must not eowcr text Or lilies. If seat impression smudges„ re -scat if'a sufficient area permits,, wherwise, conaptcte a different a acknowtedgnnent form, • Signawre of the notary public nnust match the signnturc anal rile with tine office of the county clerk. Additional infiornlation is not required but could help to ensure this acknowtodgmernt is not misused or attached to a different documcrhc lardtcatc title Or typ: of attached document, number of pugas ;and date. hndocate the capacity cla,inac(l by the signer. If the claimcd capacity is a corporeW officer, indicate tale 611c I'`i.c, CEO, C V0, Sccrtctary). • Securely attach thix docur nent to the signed document tvith a. stoplc. 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 of that document. STATE OF CALIFORNIA County of Orange On 8/02/2019 before me, Sheree Michel Parsons Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Place Notary Seal Above Name(s) of &gner(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) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fare g paragraph is true and correct. Witness my hand and officia Signature Signature of Notary Public Sheree Michel Parsons 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: fk�� Now Public . Calilorruia 4 „ u^: Orange County z ❑ Corporate Officer —Title(s): Commission ft 2160249 i',,tia urea. FXPiris Jul8, 2,020 .,,.. ,,. ., . .. Place Notary Seal Above Name(s) of &gner(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) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fare g paragraph is true and correct. Witness my hand and officia Signature Signature of Notary Public Sheree Michel Parsons 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact RIGMT Tn#1TIBPRR1❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: POWER OF ATTORNEY Agreement No. 5810 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. Steuhanie Hoane. P. Austin Neff. Irene Luong. 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 Twenty 'Five Million Dollars ( S25.000.000.00 ) 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: _a .................... ._.......... ........ "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'l1resident with its corporate seal affixed this 31st day of Mav 2019 . SEAL r � State of Illinois I`L°N0`y ..° l } SS County of Peoria JJ ,v agasrrorop"I" .N RLI Insurance Company ",,,, Contractors Bonding and Insurance Company aarc SEA-°-�. Ij ; f By:. Barton W. Davis Vice President On this 3 1 st day of May . 2019 , before tne, at Notary Public, personally appeared �3arttan_ W, D v.s , who being by nac duly .sworn, acknowledged that lie signed the above Power of Attorney as the aforesaid officer of tarc RLI Insurance Company and,/or Contractors Bonding and Insurance Company and acknowvlcdged said instrument to be the voluntary act and decd of said corporation. 0 By: t Gretchen L. Johnigk Notary Public GRETCHEN L JOHNIGK "? aueuc "OFFICIAL SEAL" DY dAV L' Y11t My Commlcclon Expires '"'' May 26, 2020 gpi VV. CERTIFICATE 1, the undersigned officer or RLI Insurance Company and/or Contractors 'Bonding anti 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 noww in force. In testimony whereof, I have hercunto set nay hand and the seal of the RLI Insurance Company and/or Cont actors Bonding and Insurance Company this ZN' day of�54)11 . -La1°I RLI Insurance Company Contractors Bonding and Insurance Company By:l ' . 4044� Jean N1 I lacnson Corporate Secretary 04566590202/2 A0058817 Agreement No. 5810 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 ofthe State of California, Contractors Bonding and Insurance Company ofAlinois, organized under the laws oflillnois, subject to its Articles oflncorporation or otherfundamental organizational documents, is hereby authorized to transact within this State, subject to allprovisions ofthis 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 fall compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority ofthe laws ofthe 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 20 day of March, 2015, 1 have hereunto set my hand and caused my official seal to be of faed this 20 day of March, 2015. Dave Jones lnnvance Commissioner 9� By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of Slate must be accomplished as required by the California Corporations Code promptly after issuance ofthisCerificateofAuthority. Failure to do so will be aviolation ofInsurance Code section 701 and willbe grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 4906780.1 Agreement No. 5810 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) BIDDER'S Contractor's License Number is: 875627 Class No.: C-8, C-12- 12020 2_ The expiration date of BIDDER'S Contractor License is: April 30 ,2020 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 i11/I�Mbt 6. 20 I , at dtu Jose Carvajal .......... Typed Name President Title CT&T Concrete Paving Inc. Company Name (insert City and State where Declaration signed). I -C-8 Agreement No. 5810 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am t)1e President the foregoing bid. of"C'T&T Concrete Paving Inc. , the party making The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 8/6/19 [date], at Pomona [City] CA [state]." Dated this 6 day of August 2019 . Jose Carvajal ATnma I -C-9 Agreement No. 5810 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 th nd I will comply with such provisions before commencing the perfor fan ,W -k of this Contract." Signature of Bidder: Title: President Business Name: CT&T Concrete Paving Inc. Business Address: 324 S. Diamond Bar Blvd, PMB 275 Diamond Bar, CA 91765 Telephone Number: (-a09 ) 629-8000 Dated this 6 day of Auqust .2019 I -C-10 Agreement No. 5810 BIDDER'S CERTIFICATION OF SUBCONTRACTORS ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Company Name: CT&T Concrete Paving Inc. 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. Bidders must identify cement haulers as a Subcontractor per California Labor Code Section 1720.9. Name of Subcontractor EZ Line. S+ripin j . Subcontractor.,... 's ......... _ Description of Contractor License Portion of No. & DIR Work Estimated Address Registration No. Subcontracted $ Amount (Number 73-1q Drgnseik,,or e Am-.. (Cs1LZ1$I O.. .....-._ (����ewF.�.................................... e (City, Zip Code) (DIR#) �% s I 000 6Ve4qa. PAr)L a g04ozl /000010905 P SFrir"1 (Make c es t°" ge if additional space is needed) i nbtoWof Bidder Date I -C-11 Agreement No. 5810 REFERENCES Company Name: CT&T Concrete Paving Inc. 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: FY 2018-19 Sidewalk Replacement and ADA Access Ramps Project Location: Various Locations, South Pasadena, CA City of South Pasadena, 1414 Mission Street, South Pasadena, CA 91030 Name and address of owner Tatevik Barakazyan (626) 403-7245 Name and current telephone number of person familiar with project Type of Work: R/R Sidewalk, Curb & Gutters, and Drive Approaches; Installation & Improvement of ADA Ramps Contract amount: $137,800.00 Date completed: May 2019 Amount of work done by my/our firm under Contract $137,800.00 Did your firm have any financial interest in Project? No. 2. Project Title: Concrete Repair Program, CIP 1804 Location: Various Locations, West Hollywood, CA 90069 City of West Hollywood, 8300 Santa Monica Blvd, West Hollywood, CA 90069 Name and address of owner Mila Sologub, (323) 848-6338 Name and current telephone number of person familiar with project Type of Work: R/R Sidewalk, Curb & Gutters, and Drive Approaches; Installation & Improvement of ADA Ramps Contract amount: $ 581,036.00 Date completed: 4/29/2019 Amount of work done by my/our firm under Contract $ 581,036.00 Did your firm have any financial interest in Project? No. I -C-12 Agreement No. 5810 3, Project Title: Annual , Misc. Concrete Construction Repair & ADA Improvement For Dist. 1 & 3 Project No. 18-01 Location: Various Locations, Downey, CA 90241 City of Downey, 1111 Brookshire Ave, Downey, CA 90241 Name and address of owner Brian Aleman, Project Engineer, (562) 904-7110 Name and current telephone number of person familiar with project Type of Work: R/R Sidewalk, Curb & Gutters, and Drive Approaches; Installation & Improvement of ADA Ramps Contract amount: $ 491,011.00 Date completed: 12/28/2018 Amount of work done by my/our firm under Contract $ 491, 011.00 ............. .............. ..... Did your firm have any financial interest in Project? No. 4. Project Title: CDBG Area 6 Residential Neighborhood ADA Curb Ramp Improvements Project No. 601968-18 Location: Various Locaions, Diamond Bar, CA 91765 City of Diamond Bar, 21810 Copley Dr., Diamond Bar, CA 91765 Name and address of owner John Beshay, (909) 839-7040 Name and current telephone number of person familiar with project: Type of Work: ADA Curb Ramp Improvements Contract amount: $190,040.00 Date completed: 10/24/2018 Amount of work done by my/our firm under Contract $190,040.00 Did your firm have any financial interest in Project? No. I -C-13 Agreement No. 5810 5. Project Title: ADA Access Ramp Improvements Phase 11, PW 2017-09 Location: Various Locations, Lake Forest, CA 92630 City of Lake Forest, 2550 Commercentre Dr., Lake Forest, CA 92630 Name and address of owner Taylor Abernathy, (949) 461-3490 Name and current telephone number of person familiar with project: Type of Work: ADA Access Ramp Improvements Contract amount: $134,085.00 Date completed: 10/18/2018 Amount of work done by my/our firm under Contract $134.085.00 Did your firm have any financial interest in Project? No. 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: The Bond Exchange - 24800 Chrisanta Drive, Suite 160, Mission Viejo, CA 92691; (949) 409-9705 ....._ ................. ........... . McRae Associates Insurance Services - 1265 N. Manassero, Suite 303, Anaheim Hills, CA 9280, (714)779-6999 I -C-14 Agreement No. 5810 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Company Name: CT&T Concrete Paving Inc. 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 V 2. If yes, explain the circumstances: 1 Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes VV No ❑ crvs, Signat Jose Carvajal Name (Please Print) I -C-15 Agreement No. 5810 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Company Name: CT&T Concrete Paving Inc. 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: LFyi)e 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 01 06 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, an] wilt loniply with these insurance requirements if it is selected as the City's consultant. I-aillure this insurance will render the bidder's proposal "nonresponsive."% ` X 8/6/19 Date °' i d6i's SAgMIALIN I -C-16 Agreement No. 5810 END PROPOSAL SECTION I -C-17 July 30, 2019 Agreement No. 5810 YPI„ a 46 q V�Iu i i Ull I i J'., � � Pub pVl I iDI �h V •••V � �, II u i T' ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for ADA IMPROVEMENTS AT CITY PARKING FACILITIES CDBG PROJECT NO.: 602064-18 PROJECT NO. PW 19-28 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. All Bidders are notified that the FEDERAL WAGE DECISION has changed. The current, applicable Federal Wage Decision for this project, CDBG 602064-18, ADA Improvements at City Parking Facilities is: General Decision Number: CA20190022, dated 7/26/2019, Modification 4. Bidders are instructed to use the current, applicable FEDERAL WAGE DECISION NUMBER CA20190022, DATED 7/26/2019, MODIFICATION 4, which is attached to this Addendum 1. As evidenc same in the to provide rejection. Signature: dendum, the BIDDER must acknowledge Addendum with the Bid Proposal. Failure the bid as non-responsive and subject to Print Company Name: CT&T Concrete Paving Inc. Page 1 of 1 Date: 8/6/19 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 5810 SECTION VI - CDBG REOUIREMENTS Agreement No. 5810 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: am the I'r e S i of C T X, T 0 CV Clf -° PoOkil the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of penury under the laws of the State of California that the foregoing t"" [date], at .. is true and correct and t�i#1" his..,.declaration is executed on i/ ;� vi') ►'► /n (city], °.A [state]. VI -A-14 Agreement No. 5810 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Contracting Agency: -LILi 0� F-4 ,UVIAO This is to certify that the Contractor and the authorized payroll officer(s) named below received a copy of the assigned Federal Wage Determination: CAZO19 0024 dated lbto I I �J Modification Number 14 IN To - - ?I$ . 0 - � a $I The following person(s) is/are designated as payroll officer for the undersigned and is/are authorized to sign the Statement of Compliance forms which will accompany each weekly payroll report for contractor listed below during the duration of this project: �Lr X T ( x VA &VLit P2�af Q22taclo, Subcontractor Bus' ess Name Payroll Officer Name (Print) Payroll Officer Name (Print) ,To s e- C (,i Y v r, Name of Person Authorize4 to Sign (Print) d"v\ Title 5U2 - License Number Pa ro I if ,cer (signature) Payroll Officer gna XAuffioriz ign4bre) -.i U I � 0,\ Date Agreement No. 5810 Contracting With Small Business, Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms Federal Contract Provision 1. It is national policy to award a fair share of contracts to Small Business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized, when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following: a. Including qualified Small Business and Minority Firms on solicitation lists. b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources. C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1 a through 1 e above. Z Grantees shall take similar appropriate affirmative action in support of Women's Business Enterprises. 3. Grantees are encouraged to procure goods and services from Labor Surplus Areas. VI -A-16 Agreement No. 5810 Worker's Compensation Certification State of Califomis Compliance Form — To be submitted with Bid I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. C Date: f 01 Project Number: P W 1 0 z O(pq - Project Name: CA fv1_201 V, 11>1 VIC! = (A i i e Company Name: G 4-T (k VI 64 Psi V i Y-1`3 Address: -3;H S. -0 i Q 01,0 n-4 V�mr RIVk 0315, NAVI�/IOV14 1?,m,,CA -q4T Print Name: JoSe, 4 1 — Title: Signature: Agreement No. 5810 Non -Segregated Facilities Certification Federal Compliance Form — To be submitted with Bid The federally -assisted construction contractor certifies that he/she DOES NOT and WILL NOT: 1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. 2. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: U 1 Project Number: 0020&q-lf) // per/ -1q,d_6 Company: CTIT 60Vkc,110-c- P (A V " v1 ej Address: 1 4 <, 1) � 61 Vind '�,, 1,V V') - By: i e, Co r vn j At I Title: PY'-3 WM'l + / I V Vic, 47-15 binmoh ))Ari (A VI -A-18 Agreement No. 5810 Past Performance Certification Federal Compliance Form — To be submitted with Bid The bidder, proposed sub -contractor, hereby certifies that helshe as � has not, ua participated in a previous contract or subcontract subject to the Equa Opportunity I Clause, as re utredadby Executive Orders 10925, 11114, or 11246, and that he/she no )f has, lie � with the Joint Reporting Committee, the Director of the Office of C::: � Federal on ract Compliance, a Federal Government contracting or administering agency, or the former Presidents Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: 9'/U I M Project Number: (0020U4 -lb Contract Award: $ Awarding Agency:L" � 11 -� J F- L Contractor Name: Pe;tn� (I Total Number of Employees 1-1 .Ji Affiliate Company, AZ' A Y Title: NOTE: The above cert/6cation is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-13(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. _SF -100 (EEO -11 must be filed bv,- (A) All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 60 or more employees, and a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. VI -A-19 Agreement No. 5810 Compliance Employment p o be t�p Opportunity Federal Com rtun nce Notice o Ua Fmrm oT, , submitted with Bid (Name of Labor Union, Workers Representative, etc, (Aa3rltess) Name of Business (contractor): "' Project Name: Project Number: The Undersigned currently holds a contract with , involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the subcontract and Executive Order 11246. Copies undersigned in conspicuous places available employment. m 5 Name) provisions y By: (Hate) provisions of the above contract or of this notice will be posted by the to employees or a i s for Jitic) VI -A-20 Agreement No. 5810 N a o w U) D LLJ C) w � F- � -0 U E 4 o 17 Z O �I m d fn Z .. i E a in is D W 0 Z �, ctsA cc Q O O w Z %' z Z O yr 3 V c o v' L D ` ¢a c E ft} L cc L.c`n k � o z 3 z � .. cn� V 2 i L a� N cmc E sc 01 4— z C `n U v1 g m Mca _ 2O' °; M - E E E Cg. y o z U N I w ``",UU O �_ � �� N � o I C37 O U E o n — Z O e w � C Q C L N U PE I 4i =3 yz ` X � C¢? C U *.. NJ L N T LU c E O �c Nnl _ o a ° r E 0 -0' N a Agreement No. 5810 County Lobbyist Certification Name of Firm: . j I WA'146 bl V I V1 j 6 V')(, • Date: I Address: S. Dlfilw, I 4 s YF' 1. , 4 *275 ra o - ', CA qH&S Telephone: ( 1A ) ( al .... goo 0 Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the County of Los Angeles, to the Los Angeles County Development Authority, and to the City of EI Segundo, as the local contracting agency (LCA); 1) It is understood that each person, entity, or firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person, entity, or firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is material representation of facts was made or entered into. Authorized Official: ; m e" C,. (t Y V "A) (I I (Print Name of Contract rs Authorized Representative) ('title) when this transaction ized' Representative) 1 b IIII (Dale) VI -A-22 Agreement No. 5810 U.S. DEPARTMENT OF HOUSING AND U 11, RBAN DEVEL11 O 11 PMEN �� T HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMBApprovdlNumber25o1-0011 - (Exp. 01/31/2010) 1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER 4. BRIEF DESCRIPTION OF PROJECT 6. WAGE DECISION NO. (include modification number, if any) ❑ COPY ATTACHED 8. WORK CLASSIFICATION(S) 9. PRIME CONTRACTOR (name, address) 3. LOCATION OF PROJECT (City, County and State) 5. CHARACTER OF CONSTRUCTION ❑ Building n Residential ❑ Heavy ® Other (specify) ❑ Highway 7. WAGE DECISION EFFECTIVE DATE HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) 10. SUBCONTRACTORIEMPLOYER, IF APPLICABLE (name, address) P Check All That APP� ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. ❑ The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. ❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). ❑ Supporting documentation attached, including applicable wage decision. Check One: ❑ Approved, meets all criteria. DOL confirmation requested, ❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Date (Typed name and signature) Log in: Log out: Phone Number ("'P'WM1J°4E4UA (b-aaay NKR;,M4UtJ".y 6w4Yk k tllN P;�a 4,/tk;a'ULItw b E' M -A-23 Agreement No. 5810 1 11 CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR ADA IMPROVEMENTS AT CITY PARKING FACILITIES PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 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://www.elsegundo.org/depts/works/proj ect_request_contact_form.asp PRE-BID MEETING WEDNESDAY, JULY 319 2019 AT 10:00 AM IN CITY COUNCIL CHAMBERS BIDS DUE TUESDAY, AUGUST 6, 2019 AT 11:00 AM This is a federally assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. Agreement No. 5810 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, AUGUST 6, 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 Agreement No. 5810 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. Agreement No. 5810 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 DECLARATION 8. WORKER'S COMPENSATION CERTIFICATION 9. DESIGNATION OF SUBCONTRACTORS 10. REFERENCES 11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS 12. 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-1 I -B-1 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-1 TO C-17 I -C-1 I -C-3 a I -C-4 I -C-6 I -C-7 I -C-8 I -C-9 I -C-10 I -C-1 I 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. 5810 SECTION II - GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS II -A-1 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-1 5. CALIFORNIA - OCCUPATIONAL SAFETY II -B-1 1-3 AND HEALTH ADMINISTRATION II -A-1 6, SOUND CONTROL II -A-1 7, AIR POLLUTION CONTROL II -A-2 8. WORKER UNIFORMS II -A-2 B. GENERAL PROVISIONS II -B -I 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-1 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 11 Agreement No. 5810 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 II -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 -13-10 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 -13-14 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 -13-17 6-11.2 FORM II -B-17 Agreement No. 5810 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 -13-20 II -B-20 II -B-20 II -B-21 II -B-21 II -13-21 II -B-22 II -B-22 II -B-22 II -13-25 II -B-26 II -13-26 II -B-26 II -B-26 II -B-26 II -B-27 II -B-28 II -13-28 II -B-28 II -B-29 II -B-29 II -B-30 II -B-30 II -13-32 II -B-32 Agreement No. 5810 SECTION III - SPECIAL PROVISIONS PAGE 1-0 GENERAL SCOPE, TIME FOR COMPLETION SECTION V - TECHNICAL SPECIFICATIONS SECTION VI 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 IV -A-1 2-0. PROGRESS PAYMENT IV -A-3 3-0. CHANGE ORDERS IV -A-3 SECTION V - TECHNICAL SPECIFICATIONS SECTION VI - CDBG REQUIREMENTS PAGE 1. PREVAILING WAGE STATEMENT VI -A-1 2. APPRENTICESHIP PROGRAM VI -A-1 3. CONFLICT OF INTEREST VI -A-1 4. FEDERAL LABOR STANDARDS PROVISIONS VI -A-2 5. FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ VI -A-7 AFFIRMATIVE ACTION REQUIREMENTS 6. NONCOLLUSION DECLARATION TO BE EXECUTED VI -A-14 BY BIDDER AND SUBMITTED WITH BID 7. CERTIFICATION OF UNDERSTANDING AND VI -A-15 AUTHORIZATION 8. CONTRACTING WITH SMALL BUSINESS MINORITY VI -A-16 FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS 9. WORKER'S COMPENSATION CERTIFICATION VI -A-17 10. NON -SEGREGATED FACILITIES CERTIFICATION VI -A-18 11. PAST PERFORMANCE CERTIFICATION VI -A-19 12. NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY VI -A-20 (FORM) 13. LIST OF PROPOSED SUBCONTRACTORS VI -A-21 14. COUNTY LOBBYIST CERTIFICATION VI -A-22 v Agreement No. 5810 15, U.S. DEPARTMENT OF HOUSING AND URBAN VI -A-23 DEVELOPMENT REPORT OF ADDITIONAL CLASSIFICATION AND RATE (HUD FORM 4230A) 16. FEDERAL WAGE DECISION VI -A-24 17. PAYROLL REPORTING FORM— WH347 VI -C-1 APPENDICES APPENDIX A: PROJECT PLANS vi Agreement No. 5810 NOTICE INVITING SEALED BIDS FOR THE ADA IMPROVEMENTS AT PARKING FACILITIES PROJECT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 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, AUGUST 6, 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 installation of ADA parking facilities and related work as shown on the plans on file with the City's Public Works Department. Work on the Project must be performed in strict conformity with Specifications No. PW 19-28: Community Development Block Grant (CDBG) Project No.: 602064-18 as adopted by the El Segundo City Council on July 2, 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 Wednesday, July 31, 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 not mandatory. Questions regarding the bid shall be submitted by 6:00 pm on Thursday, August 1, 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. 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 I -A-1 forth in Executive Order 11246 and 11375. Any Contract entered into pursuant to this State Labor Code. Compliance with the employment standards established by the required. Agreement No. 5810 notice will incorporate the provisions of the prevailing rates of wages and apprenticeship State Director of Industrial Relations will be 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. Prevailing Wage: This is a federally assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et. Seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. 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 I -A-2 Agreement No. 5810 Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed envelope plainly marked on the outside: ADA IMPROVEMENTS AT CITY PARKING FACILITIES PROJECT "SEALED BIDS FOR PROJECT NO.: PW 19-28: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 IN THE CITY OF EL SEGUNDO 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" — General Engineering Contractor, "C-8" — Concrete Contractor, or 11C12" — Earthwork and Paving Contractor. 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 18'' day of July, 2019, CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk I -A-3 Agreement No. 5810 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 I -B-1 Agreement No. 5810 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 El 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: littc):/i'www,else�,,,uticlo.ori/alernts/works/nr•oiect request coxitact 1'onn.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 I -B-2 Agreement No. 5810 Segundo employees to discuss potential projects or ask questions regarding the bid. Questions Due by 6:00 pm, Thursday, August 1, 2019 Questions Answered by 6:00 pm Friday, August 2, 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. 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 I -B-3 Agreement No. 5810 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. I -B-4 Agreement No. 5810 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 19-28: ADA IMPROVEMENTS AT CITY PARKING FACILITIES PROJECT, (CDBG) PROJECT NO.: 602064-18. 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. I -B-5 Agreement No. 5810 11. MODIFICATION OR WITHDRAWAL OF BID. 11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice 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 Agreement No. 5810 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, 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 I -B-7 Agreement No. 5810 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. 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. I -B-8 Agreement No. 5810 PROPOSAL FOR THE ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Date „ 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 El Segundo's option, be considered null and void. I -C-1 Agreement No. 5810 C1[i '.L LWPT,+ 1' FST 1 " OPPORTUNITY +f"i�' 'i'�'"I��l�a�. w 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. Aff, IR ATIVE ACTIQN ERT'IFICATJM CA 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. 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. 5810 BID SCHEDULE ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Company Name: Base Bid Items Unit Price Item Description Estimated (in figures) No. Unit Quantity Dollars/Cents 1 Mobilization/Demobilization LS 1 d 2 Temporary traffic control LS 1 V 3 Sawcut, remove and haul SF 432 away existing AC pavement 4 Sawcut, remove and haul LF 148 away existing curb & gutter 5 Sawcut, remove and haul away B SF 821 existing sidewalk 6 I Remove existing striping pp SF 1,233 7 Remove existing sign and post EA 15 8 Remove existing parking I EA 10 bumpers 9 Install curb ramps EA 5 10 Install 4" PCC sidewalk SF 530 11 Install 6" curb & gutter LF 94 12 Install AC (PG 64-10-C) TN 17 13 I Install AC (PG 64-10-B) TN 17 14 Install metal handrail LF 36 15 Install sign and post EA 24 I -C-3 a Item 17otal(in fig Dollars/Cents Agreement No. 5810 16 Paint blue curb LF 284 17 Paint 4" white line LF 1,688 18 Paint 4" blue line LF 897 19 Install ISA wheelchair marking EA 17 20 Install pavement markings SF 27 21 Install parking bumper EA 8 22 Install tactile warning strip EA 4 23 Crack seal (between AC & EA 2 PCC joints) TOTAL BASE BID FOR ITEMS 1-23 IN FIGURES TOTAL BASE BID FOR HEMS 1-23 WRITTEN IN WORDS: I -C-3 b Agreement No. 5810 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. Federal Tax Identification Number 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: I -C-4 BIDDER'S INFORMATION (CONTINUED) Company Name: Bidder shall list the name of the person who attended the pre-bid job walk: Name: Title: I -C-5 Agreement No. 5810 Agreement No. 5810 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_ BIDDER Subscribed and sworn to this day of .20—. NOTARY PUBLIC I -C-6 Agreement No. 5810 PROPOSAL GUARANTEE BID BOND ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 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. BIDDER* SURETY* 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 Agreement No. 5810 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). I -C-8 Agreement No. 5810 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the of the foregoing bid. , the party making The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], (state]." Dated this day of , 20 Name Title Signature I -C-9 Agreement No. 5810 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 I -C-10 Agreement No. 5810 BIDDER'S CERTIFICATION OF SUBCONTRACTORS ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 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. Bidders must identify cement haulers as a Subcontractor per California Labor Code Section 1720.9. --- — Subcontractor's -w.... Description of Contractor License Portion of Name of No. & DIR Work Estimated Subcontractor Address Registration No. Subcontracted $ Amount (Number a.. nd Street) � (CSLB #) (City, Zip Code) (DIR#) (Make copies of this page if additional space is needed) Signature of Bidder Date I -C-11 REFERENCES Company Name: Agreement No. 5810 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: 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. 5810 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. 5810 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 $..,M., 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: I -C-14 Agreement No. 5810 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 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 ❑ 2. 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) I -C-15 Agreement No. 5810 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 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: Tvt)e of lnsuarance 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 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 01 06 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 Califainia 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 Bidder's Signature I -C-16 Agreement No. 5810 END PROPOSAL SECTION I -C-17 Agreement No. 5810 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 This CONTRACT is entered into this day of , 20 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and 1. WORK. , ("the Contractor"). 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. I -D-1 Agreement No. 5810 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within thirty (30) working days (the "Contract Time.") 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: i. 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. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -parry 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. 5810 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 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. I -D-3 Agreement No. 5810 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 David H. King, Assistant City Attorney Insurance Reviewed by: I -D-5 Agreement No. 5810 Taxpayer ID No. Contractor State License No.: Contractor City Business License No.: Agreement No. 5810 FAITHFUL PERFORMANCE BOND ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 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, ADA IMPROVEMENETS TO CITY PARKING FACIIXITIES, SPECIFICATIONS NO. PW 19-28, CDBG PROJECT NO.: 602064-18, 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 19-28, CDBG PROJECT NO.: 602064-18, 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 19-28) 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. I -E-1 Agreement No. 5810 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 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 19-28, CDBG PROJECT NO.: 602064-18 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. 5810 A20 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. 5810 LABOR AND MATERIALS BOND ADA IMPROVEMENTS TO CITY PARKING FACILITIES PROJECT PROJECT NO.: PW 19-28 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.: 602064-18 Bond No. Bond Fee: ("PRINCIPAL") and corporation ,,,as principal ,a 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 ADA IMPROVEMENETS TO CITY PARKING FACILITIES, SPECIFICATIONS NO. PW 19- 28, CDBG PROJECT NO.: 602064-18 ("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 19-28, CDBG PROJECT NO.: 602064-18, 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 19-28), 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 I -F- I Agreement No. 5810 equipment. 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 19-28, CDBG PROJECT NO.: 602064-18, 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. 5810 „ 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. 5810 W"WitX05.0an CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. R CiISTRATION OFCONTRACTORS 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. FURNISHING 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 1/z" 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. CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH 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 II -A-1 Agreement No. 5810 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. Wt. OKI: -R '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. 5810 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD SPECIFICATIONS 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 proj ect. 0-2 NUMBE'RIN6 OF SECTIONS 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 ADDITIONAL DEFINITIONS 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 II -B-1 Agreement No. 5810 time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. ❑ (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." 1-3 ABBREVIATIONS The following Subsection is added to Subsection 1-3 of the Greenbook. 1-3.1 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 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 2-0 SCOPE AND CONTROL OF WORK The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. 2-1.1 ACCESS 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. 2-1.2 OWNERSHIP AND USE OF CONTRACT I)OCUMENTS. 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. II -B-2 Agreement No. 5810 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 II -B-3 Agreement No. 5810 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 ADDITIONAL RES,PO'NSIBILITY 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 S'PECIFICKrIONS 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: 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. 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 II -B-4 Agreement No. 5810 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 II -B-5 Agreement No. 5810 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 SURVEYING 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 MEASURE MENT 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 FOR ESTA13IASHING C.OS,I'S 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 MARK UP 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 II -B-6 Agreement No. 5810 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, 1 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; Unknown physical conditions of an unusual nature differing II -B-7 Agreement No. 5810 materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 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: 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. 1 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 REOUIREMENTS 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 II -B-8 Agreement No. 5810 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 NA IES OR EOU'AI ,S 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: a Written request with explanation of why the product should be considered as an equal product. 0 Material specifications. a Technical specifications. Test data. 0 Samples. a 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. aw 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. IIe. PI Agreement No. 5810 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the Greenbook. 5-2.1 INCORRECT LOCATION OF UTILITIES 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. 5-4.1 RESPONSIBILITN'OF UTILITY REMOVAL OR RELOCATION 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 TIME 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 CONSTRUCTION SCHEDULE .AND CONINIENCEMFN'T OF WORK, Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. II -B-10 Agreement No. 5810 Pre-Coiastruction 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 CONTENT OF CON,rRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: I, Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 1 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 El'rl° ECT OF CONTR C.f SCHEDULE 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 H -B-11 Agreement No. 5810 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 COMIMENCEMEN'r OF CONI"RACT TIME 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 DEFAUL'FBY CONTRACTOR. 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. II -B-12 Agreement No. 5810 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK 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 SURIr;TY S ASSUMPTION OF CONTROL 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. 5810 6-6 DELAYS AND EXTENSIONS OF TIME, 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 OF TIME, 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 FOR DELAYSTO 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 W"R'I"I"FEN 'NOTICF ANIS 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. II -B-14 Agreement No. 5810 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. 6-7.2 WORK DAYS AND WORKING HOURS City Hall is open from Monday thru Thursday 7am-5pm and alternating Fridays lam- 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 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on II -B-15 Agreement No. 5810 Saturdays, Sundays and City Holidays. 6-8 COMPLETION 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 1 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 GENERAL GLIARANTY 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 LIOL11DATED DAMAGES Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and replaced by the following subsections. 6-9.1 I°'AILURE "I O COMPLETI? 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. II -B-16 Agreement No. 5810 6-11 DISPUTES S 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. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. 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. II -B-17 Agreement No. 5810 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. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 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 CLAIMS SUBMITTED TO I NGINI, ER 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 Agreement No. 5810 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 CLAIM IS PREREQUISITE 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 ON 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 APPEAL 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. II -B-19 Agreement No. 5810 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 w, [IEN ARBITRATION DECISION BECONIES 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 ' O SUPERIOR 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 II -B-20 Agreement No. 5810 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 A:B 626 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 proj ect. (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 WAGES 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: II -B-21 Agreement No. 5810 a) When employment in 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 one 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 WAGES PAID: INSP'EC'TION 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: H -B-22 Agreement No. 5810 COVERAGE PER ISO FORM COMBINED OCCURRENCE SINGLE LIMIT Comprehensive General Liability CL 00 02 01 85 or 88 $2,000,000 Business Auto CA 00 0101 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. 5810 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 parry, 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. 5810 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 INDEMNIFICATION 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 II -B-25 Agreement No. 5810 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 DUSI . CONTROL, 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 POL[XTION CONTROL The following requirements are added to establish storm water and urban runoff II -B-26 Agreement No. 5810 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 construction 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 equipment 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 RESTORATION 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. II -B-27 Agreement No. 5810 7-10 PUBIJC. CONVENIENCE 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 AND AQ SS 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 II 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 STREET CI,,0S'ORES, DETOURS. 'BARRICADES, 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 (3 0) 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. H -B-28 Agreement No. 5810 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 PROTECTION OF THE 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 HAZARDOUS 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 I, Class II, 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 II -B-29 Agreement No. 5810 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 PARTIAL AND HNAI.. 'PA'YCv'1'ENTS The text of Subsection 9-3.2 of the Standard Specifications is deleted and replaced with the following: II -B-30 Agreement No. 5810 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. 5810 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 DELIVERED MATERIA1,S. Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. 100-1 TERMINATION 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 - II -B-32 Agreement No. 5810 SECTION III — SPECIAL PROVISIONS 1-0. GENERAL SCOPE, TIME FOR COMPI..,ETION, AND LOCATION OF WORK 1-1. General Scope. of Work: The work to be done consists of furnishing all labor, materials, tools, equipment and incidentals for the installation of concrete, striping, markings, pavement markers, signs and sign posts. 1-2. Location of the Work: Several City -owned parking facilities in El Segundo. See project plans for locations. 1-3. Workine Days and. Titne for Conmletion: 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 thirty (30) working days after the date of commencement. 1-4. Federal Reaui;rernents Due to this project receiving Federal funds, this project must be completed within the allotted time as described in the contract. Section II, subsections 6-9 and 6-9.1 will be strictly adhered to unless a change order has been agreed upon. The Contractor must complete and submit all federal paperwork within 10 days of award in order to begin construction promptly. Once a Notice to Proceed has been issued and construction starts, the Contractor shall submit complete certified payroll reports on a weekly basis. 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 I . 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 Beto Moreno, Streets Maintenance Supervisor 310-524-2899 Tina Gall, CDBG Consultant 310-524-2354 2. Closing of streets El Segundo Police Department" 310-524-2200 El Segundo Fire Department" 310-524-2236 III -A-1 Agreement No. 5810 ** 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 City of El Segundo - Wastewater Division 310-524-2754 2-2. City Staff Notification The Contractor shall submit all required employee notices to the City at the pre - construction meeting for approval. The Contractor shall hand -deliver Notices to affected City staff regar ding 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. III -A-2 Agreement No. 5810 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. 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: III -A-3 Agreement No. 5810 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. 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 following hours: Main Street, Grand Avenue and Nash Street - 9:00 am to 3:00 pm Utah Avenue — 7:00 am to 4:00 pm 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 II -B-1 of these Specifications is supplemented by the following additional requirements: 1. All work shall be 2018 Standards Specifications for Public Works Construction (SSWPC) 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 II -B-9 of these Specifications is supplemented by the following III -A-4 Agreement No. 5810 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 PROPERTY The use of any private property by the Contractor is prohibited, unless written 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 EOUII'MENT 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 REMOVALS All removed materials shall become the property of the Contractor. Materials shall be III -A-5 Agreement No. 5810 legally discarded away from the site of work. Note: There are no authorized dump facilities within the City of El Segundo. 11-0. QUALITY 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 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. 5810 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 sawcut, removal and disposal of existing AC pavement will be paid for at the Contract unit 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 sawcut, removal and disposal of existing curb & gutter will be paid for at the Contract unit 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 sawcut, removal and disposal of existing sidewalk will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-6 Base Bid Item 6. Measurement and payment for the removal of existing striping will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-7 Base Bid Item 7. Measurement and payment for the removal of existing sign and post will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-8 Base Bid Item 8. Measurement and payment for the installation of curb ramps will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. IV -A-1 Agreement No. 5810 1-9 Base Bid Item 9. Measurement and payment for the installation of 4" PCC sidewalk will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-10 Base Bid Item 10. Measurement and payment for the installation of 6" curb & gutter will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-11 Base Bid Item -11. Measurement and payment for the installation of 2 sack slurry fill will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-12 Base Bid Item -1-2. Measurement and payment for the installation of metal handrail will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-13 Base Bid Item 13, Measurement and payment for the installation of sign and post will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-14 Base Bid Item 14. Measurement and payment for paint blue curb will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-15 Base Bid Item 15, Measurement and payment for paint 4" white line will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-16 Base Bid Iteni 16. Measurement and payment for paint 4" blue line will be paid for at the Contract unit price and shall include compensation for famishing all labor, equipment, materials, and services necessary per these specifications. 1-17 Base Bid Item 17, Measurement and payment for the installation of ISA wheelchair marking will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. IV -A-2 Agreement No. 5810 1-18 Base Bid Item 18. Measurement and payment for the installation of pavement markings will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-19 Base Bid Item 19. Measurement and payment for the installation of parking bumper will be paid for at the Contract unit price and shall include compensation for furnishing all labor, equipment, materials, and services necessary per these specifications. 1-20 Base Bid Item 20. Measurement and payment for the installation of tactile warning strip will be paid for at the Contract unit 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. 3-0. CHANGE ORDERS In addition to the requirements as identified in Section II, any change to the scope or schedule of the project shall be approved in writing on a change order form as soon as the work has been identified and prior to the work being performed. IV -A-3 Agreement No. 5810 SECTION V -TECHNICAL SPECIFICATIONS Mobilization and Demobilization Work under this item shall include all costs associated with the project not specifically listed in the other bid items including but not limited to: the cost to secure bonds and insurance's, movement of personnel, equipment, materials and incidentals to and from the project sites, securing a temporary construction yard, securing a facility adequate in size to accommodate central plant asphalt recycling equipment and operations, maintaining the project in a safe, clean and orderly manner during construction and final cleanup of the work and staging sites. Included in this item are any costs associated with construction activities and materials required to conform to the construction plans, construction notes, and these specifications. Mobilization shall also include the time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition and all other related work as required for all non -working days during the course of construction. Contractor is responsible for securing an adequate storage site for equipment and materials outside the City right-of-way. The Contractor shall have on the work site at all times, as its agent, a competent English-speaking superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from the Engineer. Traffic Control (T'C) It shall be the Contractor's responsibility to prepare and provide final Traffic Control throughout the construction period. Final traffic control implementation shall be provided under the supervision of the Contractor with the concurrence of the Engineer. The final TC implementation by the Contractor shall conform to the requirements of the latest editions of (MUTCD, California Edition), the WATCH Manual, and these specifications and as approved by the Engineer. The full and normal responsibility for TC implementation is the Contractor's responsibility as if no plans are or were provided by the City. An adequate number of flag persons shall be stationed at construction locations where traffic control is required including intersections of streets, wherever it is necessary to temporarily stop or detour traffic for the construction and or the movement of materials and equipment. During the construction activity hours flagmen and workers shall wear bright orange vests and hardhats while working in or around the construction area. Traffic stoppages shall be limited to time periods approved by the Engineer. No intersection shall be closed longer than 30 minutes without the approval of the Engineer. The TC is considered to include trained flagmen used at both major and minor street intersections and or as recommended or required by the project inspector or Engineer without any additional compensation to the Contract. It is anticipated that, from time to time, changes to the approved TC may be needed due to unanticipated field conditions. The Contractor, if so directed by the Inspector or Engineer, shall make adjustments to address any deficiency identified by City Forces at no additional cost to the City. Agreement No. 5810 Pedestrian traffic must be provided for and maintained in a safe manner throughout the construction period. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the construction area. Signs, lights, flags, flag persons, and other warning and safety devices shall conform to the requirements set forth in the current editions of the WATCH Manual and MUTCD (California Edition). If attention is directed to the existence of a hazard and contractor fails to provide remediation, or, such devices as may be needed, said devices may be placed by the City. The cost of said placement by the City, as for all TRAFFIC CONTROL, shall be the sole responsibility of the Contractor; said costs, if any, shall be deducted from the progress payment and from the total contract price for the work. At least one twelve foot (12') wide traffic lane shall be provided for each direction of travel on all streets at all times, except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed. The Contractor shall not perform work on any street on the same day as refuse collection occurs, unless approved by the Engineer in writing in advance of such work. Clearances from traffic lanes shall 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, unless approved by the Engineer in writing in advance of such work. Detouring is discouraged but will be considered for usage by the City. If approved, any detouring shall be accomplished by use of traffic signs, barricades, flag persons, etc. conforming to the requirements of the WATCH or MUTCD, and the Engineer. Lane Requirements/Working Hours This work is being done in a mixed commercial/residential area. The contractor shall take all necessary steps to minimize inconveniences to business owners. The general working hours for various items of the project are as follows: * Pavement and Roadway Work — All pavement and roadway related activities including but not limited to excavation, cold milling, PCC Pavement Repair and crack sealing, removal, hauling, grading, compaction, asphalt application, raising utility manholes and valve cover, and striping that requires lane closure on Main St. and Grand Ave. shall occur between 9:00 am and 3:00 pm Monday through Friday. All work at other locations shall occur between 7:00 am and 4:00 pm Monday through Friday. One lane of traffic in each direction shall be kept open at all times during these hours. The Contractor shall provide all lights required for the proper and expeditious carrying on to the work. Access to driveways shall be maintained at all times. Non -Pavement Work - Work shall be conducted only between the hours of 9:00 am and 3:00 pm on Main St. and Grand Ave. and between 7:00 am and 4:00 pm at other locations Monday through Friday. Said working hours shall be strictly enforced and the Contractor shall bid accordingly. If the contractor elects to work more than the normal 8 -hour work day, Saturday and recognized holidays, the work will need approval from the City. The cost of inspection at the City inspector's billable rate and Agreement No. 5810 as defined by the Labor Code shall be borne by the Contractor. Inspector's time shall be deducted from monthly progress payments. Contractor shall provide request for inspector's time in writing. All lanes shall be open to traffic during non -working hours, except as approved by the Engineer. AC cold milling and paving work in any one intersection shall be performed continuously until said work is complete. Work shall not be allowed to proceed on to a second intersection until said work is complete at the first intersection, nor shall any given intersection be subject to multiple separate "move - ins" that require lane closures and disruption to traffic. No two adiacesrt intersections shall be impacted by lane closures at the same time, regardless of the number of crews that the Contractor utilizes. Work by multiple crews at alternating intersections would be allowed. The Contractor shall be required to use flashing arrow signs to direct travel and appropriate detour signing to control traffic through and/or around the construction area. The Contractor will not be allowed to excavate a larger quantity of area ("digouts") than he can successfully repave in the same working day. No incomplete paving work will be allowed to remain during the hours designated as requiring "all" lanes open to traffic, except in specific instances in which a minor amount of area can safely be covered by approved means with nonskid steel plates, capable of carrying HS -20 (AASHTO) wheel loading, or patched with temporary AC to bring the excavation up to grade. Said temporary AC shall be ground down to permanent AC sub -grades and approved by the Engineer prior to placement of additional permanent AC. Excavations of less than four (4) feet in width may be covered with non-skid steel plates capable of carrying HS -20 wheel loading over the span of the excavation. Plates shall have a minimum width equal to the excavation width plus 24 inches and be securely fastened to the street surface. Asphalt fillets, a minimum of six (6) inches wide shall be placed around the perimeter of the plate. When traffic is transferred to any type of temporary pavement surface, good drivability of the surfaces shall be maintained and shall be subject to approval by the Engineer prior to allowing traffic to be transferred upon it. The Contractor shall also ensure that access to all side streets and driveways are maintained at all times. Work in front of or within driveways and side streets shall be conducted in a manner where at no time is access to property denied. Portions of driveway approaches that are not ready to be opened for traffic at the end of the workday shall be plated per the requirements noted in the previous paragraph. The Contractor shall use temporary AC surfacing at his own expense as required to maintain traffic in a safe non -disruptive manner. Clearita and + ,Tubbitt Clearing and Grubbing shall conform to Section 300-1 of the Standard Specifications and additionally shall consist of pruning of tree root; removal and resetting of existing drain outlet per plan and improvements as necessary to construct the rehabilitation improvements as shown on plans and as directed by Engineer. Removal shall be done in accordance with Section 300-1.3 of the Standard Specifications and these Technical Specifications. Agreement No. 5810 Wrack Routing and Scaling Work shall consist of preparation of cracks and placing of hot asphalt -rubber sealant material in cracks prior to the beginning of pavement overlay construction and as directed by the Engineer. Materials — Asphalt -vulcanized rubber crack sealant material shall be Poly Flex Type 3 Crafco sealant or approved equal and shall conform to the following requirements: 1. Poly Flex sealant when heated in accordance with ASTM D3407 shall have the following characteristics: EST ILIMITS Cone Penetration (ASTM D3407) 15-45 Resilience (ASTM D3407) 30% Min. Softening Point (ASTM D36) 200°F Min. Ductility, 77°F (ASTM D113) 30 cm Min. Flexibility (Crafco Procedure) Pass as 30°F IAsphalt Compatibility (ASTM D3407) Pass Bitumen Content (ASTM 134) 60% Min. Tensile Adhesion (ASTM D3583) 500% Min. Safe Heating Temperature 400°F 1 Recommended Pour Temperatures 380°F Brookfield Viscosity 375°F (ASTM D3236) 4000-15000 cp Unit Weight at 60°F 10.0 lbs./gal. 2. The sealant material shall have no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tracking by traffic. 3. The material will be packaged in approximately 60 lb. boxes with polyethylene liner. The boxes shall be placed on pallets weighing approximately 2200 lbs. and shall be covered with a weather resistant covering. 4. The asphalt -rubber crack sealant material shall be accompanied by a certificate of compliance with these specifications from the manufacturer. The Contractor shall submit the manufacturer's material certification for the asphalt sealant to the City Engineer for review and approval at least seven (7) calendar days prior to commencing any work. EOUIPMEN'II* — The equipment to mix and apply rubberized asphalt crack sealer shall be Crafco Model BC -220 or approved equal. The joint and crack routing and cleaning machine shall be Crafco Model 200 or approved equal. The joint cleaner attachment shall be Crafco Model 110 or approved equal of current manufacture. 1'Rl~P'ARATION OF CRACKS. — All cracks which are 1/8" or greater in width shall be sealed. Cracks less than 1/2" in width shall be routed by mechanical means to widen the crack to a width of 3/4" and a depth of 3/4". Joints and cracks shall be swept and cleaned by air to remove dust, moisture and foreign material Agreement No. 5810 for a minimum of 6 inches on each side of the crack. All cracks and joints shall be treated with approved weed killer at least seven (7) days before sealant application. CONSTRUCTION — Immediately after the preparation and drying of the crack, the asphalt rubber sealant material shall be applied. The material shall be melted in a jacketed double boiler type melting unit, which is equipped with both agitation and recirculation systems, and applied at temperature of 380°F, using a pressure feed wand application system. Joints and cracks shall be sealed from the bottom up and sealant material shall be applied so it is flush with the existing pavement surface. Care shall be taken to avoid spillage and runover onto the surface of the pavement. The surface of pavement shall be immediately squeegeed smooth after the cracks have been filled. Traffic shall not be allowed on the material until it has been sanded to prevent tracking. In addition to these specifications, the crack preparation and application of crack sealant material shall be in accordance with the manufacturer's recommendations. SWEEPING AND CLEAN -LIP — Contractor shall sweep clean all treated streets from all loose material and dust which are a result of the Contractor's operations (refer to section entitled "Dust Control and Clean- up" of these specifications). Sweeping shall be completed on the same day after the routing operation is completed, all to the satisfaction of the Engineer. Streets shall not be washed to the extent that debris may enter storm drain system. All streets, gutters and local depression areas of catch basins shall be kept free of dirt, rocks or other debris at all times. During routing and filling operations all catch basin inlets shall be covered with a fabric which will allow passage of water but will not allow debris to enter storm drain. See the bid item entitled Best Management Practices for additional requirements. Roadwiiv Excavation (ACIAB 12" Deep! The work shall conform to the provisions in Subsection 300-2, "Unclassified Excavation" of the Standard Specifications for Public Works Construction (2012 Edition), and these Technical Specifications. Roadway Excavation shall include the removal and recycling/disposal of existing asphalt concrete, subbase, and subgrade materials where required in order to construct the roadway improvements. Cold milling is allowed for removal. Contractor's attention, is directed to the condition drat if presence of pavement fabric, rubberized material or steel reinforcement within the death to be excavated is encountered. This shall be Contractor's sole, responsibilitv to investigate if such materials do exist within the removal depths as specified on platter to bidditiL, and bid accordinOv. No additional paynient shall be allowed, if aforementioned materials are encountered durine construction or the navement is deemed non-recvc1able. A cRov of soils resort For this oroiect is included in the avvendix section. At the limits, existing pavement shall be sawcut to the limits shown on the plans and reconstructed to join existing conditions to provide a smooth transition, as directed by the Engineer. Any damage caused by the Contractor shall be replaced at no cost to the City. The Contractor may also be directed by the Engineer to sawcut and remove existing improvements beyond public right-of-way to match existing improvements. The Contractor shall protect all existing drainage pipes and structures and other existing improvement not designated to be removed in-place and intact. Agreement No. 5810 Removal by Cold Milling- All Cold Milling operations shall conform to section 302-1 of the Standard Specification, the plans and these Technical Specifications. Crushed Miscellaneous Base (CMB). The Contractor shall furnish all labor, materials, tools, equipment, transportation and all incidental ;services to construct crushed miscellaneous base. Crushed Miscellaneous Base shall conform to Section 200-24 of the SSPWC and a relative compaction of 95 percent. Biturninous Materials - Asulialt Concrete Paying 'rack Coat A tack coat shall be applied to all concrete or gutter surfaces that will be in contact with the asphalt surfacing. The tack coat shall consist of Grade PG 64-10 paving asphalt. It shall be furnished and applied in accordance with the requirements of Section 203 and 302-5 of the SSPWC. The surface to be covered shall be thoroughly cleaned of all dirt and loose materials prior to application of the asphalt binder. &sphalt Concrete Material Asphalt concrete shall be the product of mixing mineral and/or crushed slag aggregate with asphalt binder at a central mixing plant- "I'lic viscosity grade of paving asphalt shall be PG 64-10-B for Base Course and PG 64-10-C for Surface Course. Asi)halt Concrete Overlay (Surface Course), PG 64-10-C shall conform to Sections 203 and 302-5 of the SSPWC except as modified herein. The application temperature of asphalt shall conform to Section 203-1.4 of the SSPWC. Distribution and spreading shall conform to Section 302-5.5. "rhe edges of bituminous pavement ad oining the excavated trench shall be trimmed to neat, Straight J ZT (vertical) lines to ensure that all areas are accessible to rollers used to compact the subgrade. Wet or unstable subbase material shall lie removed and replaced with a suitable material. Longitudinal joints between successive paving runs shall coincide with the traffic lanes lines. Contractor will be provided with striping plans for those roads where the striping will change prior to the start of work. Local streets will not be striped except for special cases for which stripinl(y, plans will be provided. All other roads will be striped to match the existing pattern. Rolling of aggregate base or subgrade shall always be commenced along the edge of the area to be compacted and the roller shall gradually advance toward the center of the area to be compacted. The roller shall be operated along the lines parallel with the centerline of the roadway. Areas inaccessible to rolling equipment shall be compacted thoroughly to required lines and grades by means of pneumatic tampers, or by other methods that will produce the same degree of compaction as pneumatic tampers, Tack coat shall be applied to, the sides of the prepared hole at a rate of 0. 15 gallons per square yard. The surface to be tacked shall be swept clean of dust and foreign matter. W Product submittals shall be made by the Contractor in a timely matter. Submittals shall be made providing a minimum of 3 weeks for re%iew and approval prior to installation or use of product, Apply tack coat at a rate not to exceed one-tenth (1/10) gallon per square yard uniformly in one coat on all verticaljoins ol*AC and PCC surfaces, and edges against which AC is to be placed. Agreement No. 5810 All surfaces to be overlaid shall be cleaned by the use of air blown, water or by hand broom. The overlaid surface shall be free of water, dust, or foreign material before tack coat is applied. All raised pavement markers shall be removed prior to the placement of any asphalt concrete overlay. Removal of all AC residues from gutter lip should be completed prior to paving. Diesel fuel shall not be used for cleaning purposes within the limits of this project. The thickness of AC shall be as specified on the plans and specifications. The Engineer will strictly enforce conformance to this thickness. Any deviation from this thickness resulting in additional tonnage shall be at the contractor's expense unless otherwise approved by the Engineer. The Contractor shall mark locations of utility vaults where utility companies specifically state adjustments shall be made after paving. If it is found to impractical for the utility owner to complete remodeling or adjustment to structures, as evaluated by the Engineer, then the Contractor shall be absolved of further responsibility in connection therewith, and the structure shall be adjusted to grade by the utility owner under permit or ordinance procedure established by the AGENCY for utility cuts in pavement. To avoid picking up loose rock in the overlay area, the truck tires of all trucks must be lightly oiled, but not to the point of run off. The Contractor shall join all gutter lips such that the finished AC surface is three-eighths (3/8") inches above gutter lip. Curb, Sidewalk. and Access Curb Ramos The Contractor shall furnish all plant, labor, materials, tools, equipment transportation and all incidental work and services required to construct Curb, Sidewalk, and Access Curb Ramps, as shown on the plans or specified, in accordance with these Specifications and Sections 201 and 303-5 of the Standard Specifications for Public Works Construction (SSPWC) except as modified herein. Subgrade shall be prepared in accordance with Section 301-1 of the SSPWC. The completed subgrade shall be tested for grade and cross-section by means of a template extending the full depth of the section and L, supported between the side forms. The subgrade and forms shall be thoroughly watered in advance of placing concrete. Flowline grades for new gutter plates, unless they are shown on the plans will be determined by the Engineer at the time of construction. Unless otherwise specified, all concrete items shall be constructed with Class 520-C-2500 concrete. Concrete aggregate shall be No. 3 grade conforming to the requirements prescribed in Section 200-1 of the SSPWC, unless specified otherwise by the Engineer. All forms shall be set to the true lines and grades as shown on the plans and typical cross-sections. The depth of forms for gutter plate shall be equal to the full depth of the structure. The depth of forms for 4 - inch sidewalk may be 3 5/8 inches. Timber forms, if used, shall be surfaced on the side next to the concrete and on the upper edge and shall be of the required size and strength to maintain their rigidity when the concrete is placed. Timber forms on all straight work shall not be less than 3 5/8 -inch in thickness after being surfaced. The forms on the front of gutter plate shall be removed not less than 2 hours or more than 6 hours after the concrete has been placed. All other forms shall remain in place until the concrete is thoroughly set. Forms Agreement No. 5810 shall be cleaned thoroughly each time they are used and coated with light oil as often as necessary to prevent the concrete form adhering to them. Warped or rough forms will be rejected. Gutter plate forms shall be held rigidly in place by the use of pairs of iron stakes. An effort shall be made to space all joints in such a manner so as to create an appearance of uniformity. Expansion joints shall be filled with joint filler strips 1/2 -inch thick and shall extend the full width and depth of sidewalk. The joint filler strips shall be in one piece, pre-cut to true cross-section and installed true to line and grade and at true angles to the gutter line. Edges of expansion joints shall be rounded with an approved edging tool having a radius not to exceed 1/ -inch and all excess concrete shall be removed from around the joint. Dummy joints or weakened plane joints for sidewalks shall match adjacent concrete surfaces. Weakened plane joints shall be installed at regular intervals not exceeding 15 feet for walks and 15 feet for curb and gutters. Weakened plane joints shall be constructed in accordance with Section 303-5.4.3 of the SSPWC. Finishing of concrete items shall conform to Section 303-5.5 of the SSPWC. A mortar finish will not be allowed under any circumstances. Exposed concrete surfaces shall be cured in accordance with Section 303-5.6 of the SSPWC. Any new work found to be defective or damaged prior to its acceptance shall be repaired or replaced by the Contractor at no expense to the City in accordance with Section 300-1.3 of the SSPWC. The use of curb machines will require approval by the Engineer prior to its use. The adjacent curb per SPPWC Standard Plans is included in the unit price bid for access ramps and driveway approaches. Surface Mounted or Wet Set Detectable Wamine Mats Work under this section shall include furnishing and installing surface mounted detectable warning mats on existing access ramps and wet set detectable warning mats on new ramps in conformance with SPPWC Std. No. 111-3 and per manufacturer's specifications. Color and size of detectable warning mats as shown on the plans and shall be manufactured by Armorcast Products Company or approved equivalent manufacturer; Tel No. (818) 982-3600 located at 13230 Saticoy St., N. Hollywood, CA 91605. Parkin P il wcrs Work under this section shall include furnishing and installing parking bumpers on existing paved parking areas in conformance the latest Caltrans Standard Plans and Standard Specifications, and per manufacturer's specifications. Color and size of parking bumpers as shown on the plans and shall be manufactured by Pro -Cast Products, or approved equivalent manufacturer. Metal Railinpas The materials for wrought iron fencing and handrailing shall conform to the requirements of Section 206- 5. Agreement No. 5810 The Contractor shall submit five copies of shop drawings to the Engineer showing the details and dimensions of all wrought iron fencing. Welding shall conform to the requirements of the "Structural Welding Code" AWS D1.1 for steel. All exposed welds shall be ground flush with adjacent surfaces. Fence panels shall be straight and true to dimensions. Adjacent fence panels shall align with each other with a variation not -to -exceed 1/16 inch. Joints shall be marked and matched. Fence on horizontal curves shall conform closely to the curve by means of a series of uniform chords. The length of chords shall be the distance center to center of fence posts. Height above finish grade shall be uniform. Fence on vertical curve greater than 16:1 shall conform closely to the curve by means of a series of uniform chords. The length of chords shall be the distance center to center of fence posts. Height above finish grade shall be uniform. Fence panels on vertical curve equal to or less than 16:1 shall be installed horizontal. Wrought iron fence units shall be galvanized after fabrication in accordance with the requirements of Section 210-3. The fencing shall be erected in accordance with the plans. The fencing shall be carefully erected true to line and grade. Posts and balusters shall be vertical with the deviation from the vertical for the full height of the panel not exceeding 1/8 -inch (3mm). After erecting the fencing, all abrasions, welds, or exposed steel shall be repaired in accordance with Section 210-3.5.2. All fencing shall be painted following erection. 8i2ninq, 8tripinp., and Pavement Markers All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the latest Caltrans Standard Plana, and the most recent edition of the Standard. Soecifications. Section 56, "Overhead Sign Structures, Standards, and Poles," Section 82, "Signs and Markers," Section 84, " Markings," and Section 85, "Pavement Markers," except as noted in the Technical Specifications and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520. All materials required for the completion of work as shown on the Plans shall be provided by the Contractor. SIGN PANELS New and relocated signs shall be installed using metal posts set at a minimum of 30 -inch depth in a minimum 12 -inch square PCC, except as specified otherwise, the metal post shall be "kwick-punch." 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 a 7 -foot clearance between the finished grade and the bottom of the sign. Agreement No. 5810 The depth of the concrete footings shall be sufficient to extend at least 6 -inches below the bottom of the posts. '/-inch expansion paper shall be placed between the sign foundation and sidewalk. All sign facing shall be manufactured of Diamond Grade VIP Sheeting. All signs shall have a graffiti film coating and size shall comply with the 2014 California MUTCD. The date of installation of a sign is to be embossed on the back of the sign with 1/2" lettering size and shall be considered as the start of the warranty period. "Property of El Segundo" should also be embossed on the back of the sign. No signs will be allowed on traffic signal poles, unless otherwise shown on the plans or as directed by the City Engineer. Contractor shall remove, replace, or install signs mounted on traffic signal poles and mast arms as shown on the Plans or as directed by the City Engineer. All signs placed within the public right-of-way shall be installed using the following guidelines: No signs shall be placed on wood poles at any time. Larger (wide) signs shall be mounted on top of a sign combination. No sign shall have an outside edge closer than one -foot (1') to the back of the curb, unless otherwise approved by the Engineer. Sign panel facing shall be perpendicular to approaching traffic unless otherwise specified by the Engineer. Sign post shall be 12 feet minimum channel type to accommodate proposed signage. Signs shall be mounted on posts in a good workmanship manner using metal hardware suitable for the type of installation made. Installation materials shall be of stainless steel and theft proof. Signs shall be kept a minimum distance of fifteen feet (15') in from of trees, power poles, etc. Signs shall be kept far away from trees so that tree growth will not obstruct the visibility of the traffic sign. Exact locations shall be determined by the Engineer. Sign posts shall be installed three -feet (3') minimum behind curb face. Sign posts installed within the sidewalk must maintain a minimum of four -feet (4') horizontal clearance for pedestrians. Marker and delineators shall conform to the provision in Section 81-2 and 82-5, "Delineators" & "Markers" MATERIALS Traffic stripes, pavement markings, limit lines, and crosswalks shall be paint as shown on the Plans. Contractor shall wet sandblast all conflicting striping and markings under this contract. Control of Alignment and Layout. 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. Agreement No. 5810 The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than V2 -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 of the permanent paint application. 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 new roadway or portion of roadway, or detour before opening it to traffic. The Contractor shall provide a foreman with minimum 10 years of experience to supervise the location, alignment, layout, dimensions, and application of the paint and thermoplastic. 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 and fog sealed/slurried in block pattern per Section 84-9 EXISTING MARKINGS, of the State Standard Specifications. Stencils for pavement markings shall be per the 2018 Caltrans Standard Plans and Specifications. The installation of traffic stripes includes placement of raised pavement markers when called for on the plans. PAVEMENT MARKERS Adhesive for raised pavement markers shall be rapid set type epoxy. Removal of pavement markers shall be per Section 84-9 EXISTING MARKINGS, of the State Standard Specifications. Agreement No. 5810 SECTION VI .... "DBG REOUIREMI:NT Agreement No. 5810 Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Federally Funded Project Prevailinq_W_acte Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document. This project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk's office, and is also available online at httD://Yjww.dir.ca.00v/disr/. At)Drenticeshiq Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub -recipients, the conflict of interest provisions in (Part 200— Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Section 112, Conflict of Interest and 24 CFR 570.611), respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. MAI Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH - 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: Previous editions are obsolete Agreement No. 5810 U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Page 1 of 5 form HUD -4010 (06/2009) ref. Handbook 1344.1 VI -A-2 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(by(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been Previous editions are obsolete Agreement No. 5810 communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs_ (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (il) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at lot1o.1AvLvt,v.doP',uov/esa/tvlidlformslvrh347titstr.btm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Page 2 of 5 form HUD -4010 (0612009) ref. Handbook 1344.1 W LV? (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (ill) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (f) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in euch an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete Agreement No. 5810 is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Page 3 of 5 form HUD -4010 (06/2009) ref. Handbook 1344.1 VI -A-4 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be Previous editions are obsolete Agreement No. 5810 awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . .. influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Page 4 of 5 form HUD -4010 (06/2009) ref. Handbook 1344.1 VI -A-5 Agreement No. 5810 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 ITlt Agreement No. 5810 Federal Equal Employment Opportunity / Affirmative Action Requirements Federal Contract Provision EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g, The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2, NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246) a. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregated work force in each trade on all construction work in the covered area, are as follows: VI -A-7 Agreement No. 5810 Goals for Minority Goals for Female Participation for Participation in Timetables Each Trade Each Trade 28.3% 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 604. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles -Long Beach, specifically the County of Los Angeles, State of California. 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). As used in these specifications: (1) Covered area means the geographical area described in the solicitation from which this contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) Minority includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and VI -A-8 Agreement No. 5810 (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. C. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. VI -A-9 Agreement No. 5810 The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above. (6) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting -the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel t such, as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. VI -A-10 Agreement No. 5810 (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. VI -A-11 Agreement No. 5810 I, The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be 'imposed or ordered pursuant to Executive Order 11246„ as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. M. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). P. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor's or subcontractor's entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 604.2. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer Identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed. C. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. VI -A-12 Agreement No. 5810 e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC -257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor's List of Federal and Non -Federal Work in Bid Condition Area to the monthly report. 5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 8, REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. I&MMM Agreement No. 5810 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the of the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Signature VI -A-14 Agreement No. 5810 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION CDBG Proiect Number Contracting Agency: This is to certify that the Contractor and the authorized payroll officer(s) named below received a copy of the assigned Federal Wage Determination: CA , dated Modification Number Further, each acknowledge that they have received and read a copy of the Federal Labor Standards Provisions (HUD -4010 form) and a copy of the current Contractor's Guide to Prevailing Wage Requirements for Federally -Assisted Construction Projects, and that they understand the labor standards clauses pertaining to the above listed project. The following person(s) is/are designated as payroll officer for the undersigned and is/are authorized to sign the Statement of Compliance forms which will accompany each weekly payroll report for contractor listed below during the duration of this project: Contractor Subcontractor Business Name Payroll Officer Name (Print) Payroll Officer Name (Print) Name of Person Authorized to Sign (Print) License Number Payroll Officer (Signature) Payroll Officer (Signature) (Authorized Signature) Title Date Agreement No. 5810 Contracting With Small Business, Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms Federal Contract Provision 1. It is national policy to award a fair share of contracts to Small Business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized, when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following: a. Including qualified Small Business and Minority Firms on solicitation lists. b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources. C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1 a through 1 e above. Z Grantees shall take similar appropriate affirmative action in support of Women's Business Enterprises. 3. Grantees are encouraged to procure goods and services from Labor Surplus Areas. WIMP Agreement No. 5810 Worker's Compensation Certification State of California Compliance Form — To be submitted with Bid I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Project Name: Company Name: Address: Print Name: Title: Signature: Project Number: VI -A-17 Agreement No. 5810 Non -Segregated Facilities Certification Federal Compliance Form — To be submitted with Bid The federally -assisted construction contractor certifies that he/she DOES NOT and WILL NOT: Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. 2. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: Company: Address: By: Title: Project Number: VI -A-18 Agreement No. 5810 Past Performance Certification Federal Compliance Form — To be submitted with Bid The bidder, proposed sub -contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: Project Number: Contract Award: $ Awarding Agency: Contractor Name: Affiliate Company: Title; Total Number of Employees NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF -100 (EEO -1) must be filed by; (A) All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees, and a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. VI -A-19 TO: Notice of Equal Employment Opportunity Federal Compliance Form — To be submitted with Bid (Name or Labor Union, Workers Representative, etc. (Address) Name of Business (Contractor): Project Name: Project Number: Agreement No. 5810 The Undersigned currently holds a contract with , involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; I Treatment during employment; 4, Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. .... .m....._..._ By: (Print � ame) (Signature) (Date) (Title) VI -A-20 5.aAo Ngveev�xexlt No- ew County Lobbyist Certification Name of Firm: Address: Telephone: (, ) Agreement No. 5810 Date: Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the County of Los Angeles, to the Los Angeles County Development Authority, and to the City of EI Segundo, as the local contracting agency (LCA); 1) It is understood that each person, entity, or firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person, entity, or firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is material representation of facts upon which reliance was placed when this transaction was made or entered into. Authorized Official: (Print Name of Contractor's Authorized Representative) (Signature of -Contractor's Authorized Representative) (Title) (Date) VI -A-22 Agreement No. 5810 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approval Number2601-001 1 j (Exp. 01131/2010) 1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER 4. BRIEF DESCRIPTION OF PROJECT 6. WAGE DECISION NO. (include modification number, if any) ❑ COPY ATTACHED 8. WORK CLASSIFICATION(S) 9. PRIME CONTRACTOR (name, address) Check All That ApWply�1 3. LOCATION OF PROJECT (City, County and State) 5. CHARACTER OF CONSTRUCTION ❑ Building ❑ Residential ❑ Heavy ❑ Other (specify) ❑ Highway 7. WAGE DECISION EFFECTIVE DATE HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (If any) 10. SUBCONTRACTORIEMPLOYER, IF APPLICABLE (name, address) ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. ❑ The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. ❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). ❑ Supporting documentation attached, including applicable wage decision. Check One-. ❑ Approved, meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Date (Typed name and signature) Log In: Phone Number Log out: o°�Uu-�ir.�v4AhM Gii-�pad''Mrwemviwaa.� �aJu i i� o;� vr��wyG� re. � VI -A-23 Agreement No. 5810 Federal ''Wage Decision Incorporated into the construction contract as part of the Bid Document To be physically attached to all subcontracts with the HUD, -4010 Federal Labor Standards Provisions VI -A-24 Agreement No. 5810 General Decision Number: CA190022 05/03/2019 CA22 Superseded General Decision Number: CA20180033 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Los Angeles County in California, BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance pro'cess set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 1 02/01/2019 2 02/15/2019 3 05/03/2019 ASBE0005-002 07/01/2018 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective coverings, coatings, and finishes to all Agreement No. 5810 types of mechanical systems).....$ 39.72 20.81 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 27.92 18.31 ASBE0005-004 07/02/2018 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)...,$ 19.93 11.72 BOIL0092-003 03/01/2018 Rates Fringes BOILERMAKER ......................$ 44.07 33.52 * BRCA0004-007 05/01/2018 Rates Fringes BRICKLAYER; MARBLE SETTER ...... ..$ 40.46 15.15 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 07/01/2017 Rates Fringes MARBLE FINISHER ..................$ 30.93 12.95 TILE FINISHER ....................$ 25.98 11.23 TILE LAYER .......................$ 37.76 16.37 BRCA0018-010 09/01/2017 Rates Fringes TERRAZZO FINISHER ................$ 29.75 12.91 TERRAZZO WORKER/SETTER ...... ..... $ 36.75 13.82 Agreement No. 5810 CARP0409-001 07/01/2018 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0409-002 07/01/2016 Rates Fringes Diver , Rates Fringes CARPENTER (1) Wet ......................$ (1) Carpenter, Cabinet 17.03 (2) Standby .................$ Installer, Insulation 356.24 17.03 (3) Installer, Hardwood Floor 348.24 17.03 Worker and acoustical Assistant Tender ......,.$ 324.24 installer ...................$ 41.84 19.17 (2) Millwright ..............$ 42.91 19.17 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 42.54 19.17 (4) Pneumatic Nailer, Power Stapler ...............$ 40.09 19.17 (5) Sawfiler...............$ 39.83 19.17 (6) Scaffold Builder ...... .$ 31.60 19.17 (7) Table Power Saw Operator ....................$ 40.93 19.17 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0409-002 07/01/2016 Rates Fringes Diver , (1) Wet ......................$ 712.48 17.03 (2) Standby .................$ 356.24 17.03 (3) Tender ..................$ 348.24 17.03 (4) Assistant Tender ......,.$ 324.24 17.03 Amounts in "Rates' column are per day -------------- CARP0409-005 07/01/2015 Rates Fringes Drywall DRYWALL INSTALLER/LATHER....$ 37.35 11.08 STOCKER/SCRAPPER ........ ....$ 10.00 7„17 CARP0409-008 08/01/2010 Rates Fringes Agreement No. 5810 Modular Furniture Installer......$ 17.00 7.41 ELEC0011-004 01/28/2019 Rates Fringes ELECTRICIAN (INSIDE ELECTRICAL WORK) Journeyman Electrician.... ..$ 43.35 3%+27.87 ELECTRICIAN (INTELLIGENT TRANSPORTATION SYSTEMS Street Lighting, Traffic Signals, CCTV,and Underground Systems) Journeyman Transportation Electrician .................$ 45,25 30+27.97 Technician ..................$ 33,94 3a+27.97 FOOT NOTE: CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate. TUNNEL WORK: 10% additional per hour. SCOPE OF WORK - TRANSPORTATION SYSTEMS ELECTRICIAN: Installation of street lights and traffic signals,including electrical circuitry, programmable controllers, pedestal -mounted electrical meter enclosures and laying of pre -assembled multi -conductor cable in ducts, layout of electrical systems and communication installation, including proper position of trench depths and radius at duct banks, location for man holes, pull boxes, street lights and traffic signals. Installation of underground ducts for electrical,telephone, cable television and communication systems. Pulling,termination and splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable. TECHNICIAN: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber optic cable and video/data. * ELEC0011-005 12/31/2018 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Agreement No. 5810 Communications System Installer ..................„$ 36.07 3%+14.43 Technician ..................$ 33.30 3%+27.82 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background -Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low -Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems -installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms -Open Wire Systems: installed by the Technician, ELEC1245-001 01/01/2019 Agreement No. 5810 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2019 Rates Fringes ELEVATOR MECHANIC-- .... ---$ 55.58 34.125 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGIO012-003 07/01/2018 OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ GROUP 2 ....................$ GROUP 3 ....................$ GROUP 4 ....................$ GROUP 5 ....................$ GROUP 6 .....................$ GROUP 8 ....................$ GROUP 9 .....................$ GROUP 10 ....................$ GROUP 11 ....................$ GROUP 12 ....................$ GROUP 13 ................ GROUP 14 ....... GROUP 15 ..............»....,$ GROUP 16 .....................$ GROUP 17 ....................$ Rates Fringes 45.30 Rates Fringes LINE CONSTRUCTION 46.37 25.25 (1) Lineman; Cable splicer..$ 56.79 17.41 (2) Equipment specialist 48.08 25.25 (operates crawler 25,25 49.29 tractors, commercial motor 48.31 25.25 vehicles, backhoes, 25.25 48.48 trenchers, cranes (50 tons 48.58 25.25 and below), overhead & 25.25 48.69 underground distribution 48.81 25.25 line equipment) ........... $ 45.36 16.24 (3) Groundman...............$ 34.68 15.86 (4) Powderman...............$ 49.55 3e+17.65 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2019 Rates Fringes ELEVATOR MECHANIC-- .... ---$ 55.58 34.125 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGIO012-003 07/01/2018 OPERATOR: Power Equipment (All Other Work) GROUP 1 ....................$ GROUP 2 ....................$ GROUP 3 ....................$ GROUP 4 ....................$ GROUP 5 ....................$ GROUP 6 .....................$ GROUP 8 ....................$ GROUP 9 .....................$ GROUP 10 ....................$ GROUP 11 ....................$ GROUP 12 ....................$ GROUP 13 ................ GROUP 14 ....... GROUP 15 ..............»....,$ GROUP 16 .....................$ GROUP 17 ....................$ Rates Fringes 45.30 25.25 46.08 25.25 46.37 25.25 47.86 25.25 48.96 25.25 48.08 25.25 48.19 25,25 49.29 25.25 48.31 25.25 49.41 25.25 48.48 25.25 48.58 25.25 48.61 25.25 48.69 25.25 48.81 25.25 48.98 25,25 Agreement No. 5810 GROUP l8__-- ... ­­$ 49.08 25.25 GROUP 19- ........ ___$ 49.19 25.25 GROUP 20--_ ........ $ 49.31 25.25 GROUP 2l_.._1---_$ 49.48 25.25 GROUP 22 ....................$ 49.58 25.25 GROUP 23- ... $ 49.69 25.25 GROUP 24--_ .... ___$ 49.81 25.25 GROUP 25__ ... ____$ 49.98 25.25 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 46.65 25.25 GROUP 2 ....................$ 47.43 25.25 GROUP 3 ....................$ 47.72 25.25 GROUP 4 ....................$ 47.86 25.25 GROUP 5 ....................$ 48.08 25.25 GROUP 6 ....................$ 48.19 25.25 GROUP 7 ....................$ 48.31 25.25 GROUP 8 ....................$ 48.48 25.25 GROUP 9 ....................$ 48.65 25.25 GROUP 10 ....................$ 49.65 25.25 GROUP 11 ....................$ 50.65 25.25 GROUP 12 ....................$ 51.65 25.25 GROUP 13 ....................$ 52.65 25.25 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 ....................$ 47.15 25.25 GROUP 2 ....................$ 47.93 25.25 GROUP 3 ....................$ 48,22 25.25 GROUP 4 ....................$ 48.39 25.25 GROUP 5 ....................,$ 48.58 25.25 GROUP 6 ....................$ 48.69 25.25 GROUP 7 ....................$ 48.81 25.25 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman Agreement No. 5810 GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra -hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power Agreement No. 5810 driven hydraulic lifting device for cc Tractor operator -bulldozer, tamper-sc: up to 100 h.p. flywheel and similar t, including D-5 and similar types); Tugc drum); Ultra high pressure waterjet cl operator; Vacuum blasting machine ope: GROUP 8: Asphalt or concrete spreadin( finishing); Asphalt paving machine op( or similar type); Asphalt -rubber dist: Backhoe operator (up to and including Case or similar; Cast -in-place pipe L operator; Combination mixer and comer( work); Compactor operator (self -proper operator (paving); Crushing plant ope: Drilling machine operator, Bucket or auger types (Calweld i sn „r �;,,,; l a,- t\JTIPR - wat-.-,on 1500. 2000 2500 auger