CONTRACT 5843 Public Works Contract CLOSEDAgreement No. 5843
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
HENKELS & MCCOY, INC.
FIBER OPTIC VAULT LID REPLACEMENT
PROJECT NO.: PW 19-08
This CONTRACT is entered into this 22nd day of Januarv. 2020, by and between the
CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and
HENKELS & MCCOY, INC., a California Corporation ("the Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the
"Work"). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed a total of
011e l..lLM&ed Twenty Seven Thousand. One 14tindred Two Dollars and Twent.v Nine Cents
($127,102.29) for the Work in the manner set forth in the Contract Documents.
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.
Agreement No. 5843
The Contract Documents will supersede any conflicting provisions included on
the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the Contract
Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase
order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract
Time is reasonable for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
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
Agreement No. 5843
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
City of El Segundo -Public
350 Main Street
El Segundo, CA 90245
Attention: Arianne Bola
abola@elsegundo.org
(310) 524-2364
The Contractor
Works Henkels & McCoy, Inc.
2840 Ficus St.
Pomona, CA 91766
Attention: Jesse Hoffman
jhoffman@henkels.com
(909) 517-3011
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.
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.
Agreement No. 5843
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. AUTHORITYIMODIFICATION. 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.
Agreement No. 5843
CIT F EL SI )O HENKELS & MCCOY, INC.
Crl..l I
Ott Mitnick Na11 me: Peter H. Moriarty, Jr.
City Manager Title: Operations Vice President
AT`1"
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark O. Hensley,
City Attorney
Insurance Reviewed b
Taxpayer ID No. 23-1535602
1.
Contractor State
License No.: 183393
Contractor City Business
License No.: 17239
Agreement No. 5843
FAITHFUL PERFORMANCE BOND
FIBER OPTIC VAULT LID REPLACEMENT
PROJECT NO.: PW 19-08
Bond No. 019070322
Bond Fee: $636.00
Henkels & McCov. Inc. ("PRINCIPAL")
and Liberty Mutual Insurance Companv , a corporation
incorporated under the laws of the State of Massachusetts 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 One HundredTwenty
Seven Thousand, One Hundred Two Dollars and Twenty Nine Cents ($127.102.29), lawful
money of the United States, which may be increased or decreased by a rider hereto executed in
the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind
themselves, their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 19-08, 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 19-08, 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 FILE NO. PW 19-08) which are made a part of this bond when
said plans and profiles are approved by the City Council and filed with CITY's Engineering
Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
I -E-1
Agreement No. 5843
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code (`SSMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-08 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 23rd day of January
Henkels & McCoy, Inc. lei
PRINCI AL's PRESIDENT
hew D. Pirollo
reesurer
PRINCIP s SECRETARY
Dorothy I Clark
Secretary
PRINCIPAL's MAILING ADDRESS:
Henkels & McCoy, Inc.
Agreement No. 5843
,20 20 .
Lib, y • ual,l urance Company
St 9 �" Y's' M1 O'
Attorney -in -Fact, Robert D. Garis
SURETY'S S Drew W. Garis
Witness
SURETY's MAILING ADDRESS:
Liberty Mutual Insurance Company
985 Jolly Road 2200 Renaissance Blvd., Ste. 400
Blue Bell, PA 19422 King of Prussia, PA 19406-2755
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. 5843
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 Wfti ( Pennsylvania
County of Montgomery )
On January 23, 2020 before me, I / A1,'� ( T
(insert name and title of the officer)
personally appeared Robert D. Garis, Attorney -in -Fact and Drew W. Garis
N
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.
Pennsylvania
I certify under PENALTY OF PERJURY under the laws of the State of Wftft that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
A
9
Si natur-�
COMMOr4VVEALTH oF PENNsYLVANIA
NOTARIAL SEAL
PHiLQMhENA HOAK, Notaryr
PublicLower Gwynedd 'Twp.,, Montgomery County
my Lornrttissiarr EgPires Dece, rnber 5, 2020
(Seal)
Acknowledgement of Corporation
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
Agreement No. 5843
On this, the'
3 day of A O _ 7D�.. Q before me Dorothv J. Clark, the
undersigned officer, personally appeared Ddoth J. Clark . who acknowledged himself to the Secretary
of Henkels & McCov. Inc.,. a corporation, and that he as such , a corporation, and that he as such
Secretary being authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by himself as Dorothv J. Clark.
In witness whereof, I hereunto set my hand and official seal.
Notary Public
Printed Name: Ann B. Ocheltree
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL 'SEAL
ANN B OCHELTREE
N qaLLbk1jc
MONTGOMERY COUNTY, WHITPAIN TWP
My Commission Expires Sep 24, 2020
F
0
State of California
Cticttatl- Of C:ti-an�'C
HUGH NGUYEN
-Cc R FD E DN
Agreement No. 5843
I. 1lugh Nguyen. County Clerk -Recorder oi' the C€Tuna, of Orange. State of Cali in and R)
saaid COLUItY. DO 11E.RE:BY CIA fit.')' -11 l \ F 1.ihcrt% 'w utwal Insurance Cor€inam has been
:�d.2littt `
.ss,utd a C'ertiticate cat` ALIthOrit� aas at, d Surety IIISUrCr b-, the St2ate cif C'aaEa}i}a�Ti.r
Insueance Commissioner til o authorized the Insurer t€3 transact SurLvc Insurance in tilt' Statc of
Cala3orni a and that based on the records in ',his taitact', 'ha [ aauthcxa'?ti' has not been sun-cndt=red.
revoked
- cancelled. annulled or suspended.
Ira Cesti€TIOTIN Whereof. I execute this certificate and have taerc€Into set nny hand and aliixed the
seal of said County this 24th day €>f October. 2018.
Ilugh Nutt\ day„ OI- o)17;c Cot«patv Clerk -Recorder
Purple Seat)
airi...R... n tr 1. q W r `Icrk-Rccordc:r-
€31 d} !lad -2x:10 + 5AX. 11774) 834-2675 a WWW OCRECORDER CCDM o WWW.00ARCklVf5 COM
r
�r
€31 d} !lad -2x:10 + 5AX. 11774) 834-2675 a WWW OCRECORDER CCDM o WWW.00ARCklVf5 COM
Agreement No. 5843
LABOR AND MATERIALS BOND
FIBER OPTIC VAULT LID REPLACEMENT
PROJECT NO.: PW 19-08
Bond No. 019070322
Bond Fee: $636.00
Henkels & McCov, Inc. , as principal
("PRINCIPAL") and t.ibeortv'Mutual Insurance Company , a
corporation
incorporated under the laws of the State of massachusetss 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 One hundred
Twegty Seven Thousand, One Hundred Two Dollars and Twenty Nine Cents ($127.102.29),
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 FIBER OPTIC VAULT LID
REPLACEMENT PROJECT, SPECIFICATIONS NO. PW 19-08 ("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 19-08, 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 19-08), which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
I -F-1
Agreement No. 5843
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 (`SSMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-08, 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 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I -F-2
SIGNED AND SEALED this 23rd day of
Henkels & McCoy, Inc.
w
P'RIN ;1PAL's E
®a Piroll®
PRINCIPe, L s S 'C ETA,:RY
rot y J. Clan
Secretary
PRINCIPAL's MAILING ADDRESS:
Agreement No. 5843
January ro 20 20
Lill oy M pa *insurance Company
SURET > R"&MXT
t ney-in-Fact, Robert D. Garls
SURETY's Drew W. Garis
Witness
SURETY's MAILING ADDRESS:
Henkels & McCoy, Inc. Liberty Mutual Insurance Company
_985 Jolly Road 2200 Renaissance Blvd., Ste. 400
Blue Bell, PA 19422 King of Prussia, PA 19406-2755
................
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 -F-3
Agreement No. 5843
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 @Mtf K Pennsylvania
County of Montgomery
On January 23, 2020 before me, P'�°'
"(insert name and title of the officer)
personally appeared Robert D. Garis, Attorney -in -Fact and Drew W. Garis
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.
Pennsylvania
I certify under PENALTY OF PERJURY under the laws of the State of Wftmft that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Sig natur
wyrAmALVAL
PHj,,. E'.W NOAK,14otary Pubtt
R�wvler �.�w°OYMidd "�`�^g1" monN1011eTy county
P�t;Mawuia'&o° :0s,'geceflner 5,,2020
(Seal)
Acknowledgement of Corporation
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
Agreement No. 5843
On this, the day of �11JOPV(lf1 '20 ZD before me Matthew D. P'irollo , the
undersigned officer, personally appeared M'lew D. Piirollo , who acknowledged himself to the
Treasurer of Henkels & McCov, Inc., a corporation, and that he as such , a corporation, and that he as
such Treasurer being authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by himself as Matthew D. Pirollo.
In witness whereof, I hereunto set my hand and official seal.
Notary Public
Printed Name: Ann B. Ocheltree
My Commission Expires:
uMIJ.J^n'. c ,L l r . I i i NNSYLVANIA
NOTARIAL SEAL
ANN B OCHELTREE
Ntgaiy Pul)uc
MONTGOMERY COUNTY, WHITPAIN TWP
My Commission Expires Sep 24, 2020
State of California
County of Oranee
Agreement No. 5843
HUGH NGUYEN
CLERK -RECORDER
CERTIFICA71 01" ADMITTED Sl1RE'I'Y INSURER
Certificate pursuant to 99®A40(a) C'e'de of Cit it Procedure
- F. -
S
1. I -high Nguyen, County Clerk -Recordcr of' the Count}- of Oran -c. State of California. in and for
said County. DO HEREBY CERTIFY THAT Inter(% Mutual Insurance 'oninany has been
issued a Certificate of Authority as an .Admitted Surety Insurer by the State of California
Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of
California and that based on the records in this office, that authority has not been surrendered.
revoked. cancelled. annulled or suspended.
In Testimony Whereof: 1 execute this certificate and have hereunto set my hand and affixed the
seal of said County this 24th day of October. 2018.
HughNgu� n.Ora ,lel Ct) 'nth Clerk -Recorder
Ianairi Rangy a�,, D'c Ctylat1((y w... _
- 1 � ° C1*
(Purple Seal)
pq
1F30P 30..- ° -.:Gr. itC3i E_ :.PJ
r...`O?`,ia 9n832 5n..'„ A%.. ._ - =;,s 9?7:; G J LS _
(7 14) 830.2500 • FAX (714) 834-2675 a WWW.00RECOROER COM a WWW.00ARCHIVES.COM
This Power of Attorney limits the acts of those named herein, and they have no auth n �eement No. 5843
bind the Company except in the manner and to the extent herein stated.
Lt'e Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 6201222-969504
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Nancy A.
Abrams; Drew W. Garis; Robert D. Garis: Vicki L. Hippauf
all of the city of Ambler state of PA each indMdually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver„ for and on its behalf as surety and as its actand deed, any and all undertakings, bonds„ recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 8th day of May 2019
Liberty Mutual Insurance Company
tNsu w'"IY INS& � Wsvo The Ohio Casualty Insurance Company
° " �crr �&Po J'. West American Insurance Company >
19 0 19 �, 1991 + ✓� rn
a a° Cir.• a�'i
C� 7+ eu�i yb Ct karw�e �Zr < WOrA7M18 A C
Davod M. Carey, Assistant Secretary
State of PENNSYLVANIA
�
County of MONTGOMERY ss c
0 N On this 8th day of May 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance C
o m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes �
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Lu
y,
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 0 CL
PAS M
0 tru& COMMONWEALTH OF PEN'NSYLVANpA <�
O r' " -0
i b�.cM<: Notarial Seal C
do OF Teresa Pastella, Nota Public /at&OUY er MertonxprirestMamch 28,2021By. 'q~i
Upper T ..
M Commission E
C qty a Teresa Pastella, Notary Public o cc
r,Mwnhva PunnuylyawnM Aassoonoon of Natanes O
O
a> This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
o .6 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0
aS ARTICLE IV– OFFICERS: Section 12. Power of Attorney.
'o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitafion as the Chairman or the
-o > President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > o
m c any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall J02 N
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such — N
Z� instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the �
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 1
ARTICLE XIII – Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, 1
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
171
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this s day of 1 al Uig 01 ,
� tNstARw."1� I�uscr � lrastA� >"i�
y��°yway%ZI�crav_^wra,UT
A C�®wary!
X 1912 0 0 1919 1991
By:
Nc*10' 0AMPS 1 y a of Renee C. Llewellyn, Assistant Secretary
LMS -12873 LMIC OCIC WAIC Multi Co 062018
Agreement No. 5843
CV
oLiberty LIBERTY MUTUAL INSURANCE COMPANY
muttlal. FINANCIAL STATEMENT — DECEMBER 31, 2018
SURETY
Assets
Cash and Bank Deposits ......................................... $464,341,712
*Bonds —U.S Government ..................................... 2,259,714,810
*Other Bonds............................................................ 11,864,776,740
*Stocks.................................................................... 16,527,715,226
Real Estate.............................................................. 255,809,551
Agents' Balances or Uncollected Premiums........... 5,817,927,234
Accrued Interest and Rents ..................................... 108,139,840
Other Admitted Assets ............................................ 11,532,139,744
Total Admitted Assets.....................................48.830.564 8, �'7'
Liabilities
Unearned Premiums ................................................
$7,851,429,449
Reserve for Claims and Claims Expense .................
20,165,209,300
Funds Held Under Reinsurance Treaties .................
384,795,327
Reserve for Dividends to Policyholders ..................
1,111,529
Additional Statutory Reserve ..................................
62,866,000
Reserve for Commissions, Taxes and
Other Liabilities.....
3,999,822,802
Total.................................................................
$32,465,234,407
Special Surplus Funds ................. $43,108,583
Capital Stock ............................... 10,000,000
Paid in Surplus ............................ 10,044,912,727
Unassigned Surplus ..................... 6,267,309,139
Surplus to Policyholders .................................
16,365,330,449
Total Liabilities and Surplus ................. ...............
,S4h.8 I, fiL 6
aNsc,?,114f
Bonds are stated at amortized or investment value; Stocks at Association Market Values.
,7 1912 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
statement filed with the state of Massachusetts Department of Insurance.
I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2018, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 22nd day of
March, 2019.
Assistant Secretary
S-1262LMIC/a 3119
Agreement No. 5843
PROPOSAL
FOR THE
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
Project No.: PW 19-08
Date December 17 , 20 19
Company Name Henkels & McCoy, 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.
FOi7A.L EMPLOYMENT OPPORTUNITY COMPLIANCE,
Agreement No. 5843
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been
due under the requirements of any agency, State, or Federal equal employment opportunity orders
have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
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.
NONCOLLUSION DECLARATION
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. 5843
BID SCHEDULE
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
Company Name Henkels & McCoy, Inc.
BASE BID ITEMS
Item
No.
1
2
3
4
5
Description
Mobilization/Demobilization
Traffic Control, Public Safety and
Convenience
Relocate and Protect Fiber Optic Patch
Panel in Fiber Optic Vault 472
Remove Existing Fiber Optic Vault Lid
and Adjacent Paving and Install New
Vault Lid and Patch Asphalt Concrete on
Aggregate Base Complete
Miscellaneous Improvements as
determined by the Engineer as necessary
TOTAL BASE BID FOR ITEMS 1-5 IN FIGURES =
$ 127,102.29
7 EA
$ 14,591.64 $102,141.48
1 I LS $10,000 $10,000.00
TOTAL BID WRITTEN IN WORDS:
One hundred twenty-seven thousand one hundred two dollars and twenty-nine cents
All work shall be per these specifications and attachments. Prevailing wage rates apply. The
City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and
to take all bids under advisement for a period of ninety (90) calendar days.
I -C-4
Unit
Total
QTY Unit
Price ($)
($)
1 LS
$ 1,177.55
$ 1,177.55
1 LS
$13,461.01
$ 13,461.01
LS
$ 322.25
$ 322.25
TOTAL BASE BID FOR ITEMS 1-5 IN FIGURES =
$ 127,102.29
7 EA
$ 14,591.64 $102,141.48
1 I LS $10,000 $10,000.00
TOTAL BID WRITTEN IN WORDS:
One hundred twenty-seven thousand one hundred two dollars and twenty-nine cents
All work shall be per these specifications and attachments. Prevailing wage rates apply. 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.
I -C-4
Agreement No. 5843
Company Name: Henkels & McCoy, 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) Pennsylvania
Business Henkels & McCoy, Inc.
Address 2840 Ficus Street
Pomona, CA 91766
Telephone No. (909) 517-3011
Facsimile No. (909) 517-3899
State Contractor's License No. and Class 183393, A, C-7, and C-10
Original Date Issued 05/18/1959 Expiration Date 09/30/2020
The following are the naives, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and/or corporate officers having principal interest in this
proposal:
See Attachment A
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
None
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
See Attachment B
I -C-5
Agreement No. 5843
BIDDER'S INFORMATION (CONTINUED)
Company Name: Henkels & McCoy, Inc.
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name: Jesse Hoffman
Title: Estimator
I -C-6
Agreement No. 5843
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all aforenamed principals this I I+� day of D�cemlor. 20101 .
BIDDER
Henkels & McCoy, Inc.
2840 Ficus Street
Pomona, CA 91766
Thomas Brayley, Director of Operations - Underground
Subscribed and sworn
NOTARY PUBLIC
is
day of
I -C-7
M
G Ot
Agreement No. 5843
,, ,, ,. wu - .,
ALL- PURPOSE
CERTIFICATE
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 December 11, 2019 before me, Jean Scott Yount, Notary Public
�rler'� Mum narne arid 1111a 01 the OhGer)
personally appeared Thomas Brayley ,
who proved to me on the basis of satisfactory evidence to be the person( whose
name(-&) is re subscribed to the within instrument and acknowledged to me that
<e she/they executed the same in is er/their authorized capacity(ies), and that by
is er/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(a) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal,
Not iii ign 't"ure (Notary Public Seal)
I0
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Proposal
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 Officer
(Title)
® Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version wvvw.NotaryClasses.com 800-873-9865
C�k�'�r'7a�)My
JEAN SCOTT YOUNotary Public - CaliLos Angeles County
Commissions Mar 19,2
Comm. Eftpires Mar 19, 2023
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. Acknolwedgenis 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/she/#key, 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.
Impression must not cover text or lines, If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different 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 ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer If the claimed capacity is a
corporate officer, indicate the title (i..e CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
Agreement No. 5843
PROPOSAL GUARANTEE
BID BOND
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
KNOW ALL MEN BY THESE PRESENTS that,
Henkels & McCoy, Inc. , as BIDDER, and
Liberty Mutual Insurance Company , as SURETY, are held and firmly bound unto the
Ten percent of
City of El Segundo, in the penal sum of the amount bid DOLLARS ($105)-, 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
21st day of November 2019
985 Jolly Road
BIDDER* Henkels & McCoy, Inc. Blue Bell, PA 19422 (215)283-7600
7atthew D. Pirollo, Treasurer
2200 Renaissance Blvd., Ste. 400
SURETY* Larte Mutu Insurance Company King; of Prussia, PA 19406-2755 (,610)832-8240
Robert Attorney -in -Fact
Subscribed and sworn to this JLLLday of 20
NOTARY PUBLIC
*Provide BIDDER/SURETY name, title, address and telephone number and the name, title,
address and telephone number for auti�iorized i°epre entative.
I -C-8 Commonwealth of Pennsylvania - Notary Seal
NANCY A. ABRAMS, Notary Public
Montgomery County
My Commission Expires November 9, 2023
Commission Number 1294508
This Power of Attorney limits the acts of those named herein, and they have no authARgeement No. 5843
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8201222-969504
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Nancy A.
Abrams; Drew W. Garis; Robert D. Garis; Vicki L. Hippauf
all of the city of Ambler state of t''A each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execu'le', seal, acknowledgeand deliver„ for and on Its behalf as surety and as its act and deed, any and all undertak'ing's, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 8th day of May 2019 .
Liberty Mutual Insurance Company
tNSIJ, , X% q,NSU The Ohio Casualty Insurance Company
cap" °�c�, a°� �� �taS�"°v,> West American Insurance Company
3 °a 1AIF
a) Nr12 19w119{r4'cu0 rMv9 19tn
9/7' 91t" b y
David M. Carey, Assistant Secretary
State of PENNSYLVANIA �
= County ofMONTGOME'RY ss
L) a) On this 8tb day of fwfay 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0
o a Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes — r j
a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Lu
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. r
v o
C.N p PASd„ =M
a) �' COMMONWEALTH OF P'ENNSYLVANIA,
�, r,Notarial Seal � C
a) o OF Teresa Paslella, Nota Public
cc
0 Upper Merlon Twp., Montgomery County By: �^ ' a)
C �' ,, My Commission Expires March 2B, 2021
N � `' Teresa Pastella, Notary Public 0 m
Member, Pennsylvania Association of Notaries 0
a) O
+� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
o .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 6 (a)
E aS ARTICLE IV– OFFICERS: Section 12 Power of Attorney. S
oAny officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the .a
>, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > o
�a c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall � N
- " have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such "' co
Z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the CV)
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. a o
ARTICLE XIII – Execution of Contracts: Section 5. Surety Bonds and Undertakings. 0 co
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, F-
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked. r
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thisday of / VW"r+ti��f✓.
1NStJ Pti11 INNS& � 1Nsu,?
rczy�y �rypacrpP :y�cp�°� fL
1912 v 1919 ' 1991 -
By:
�acfwv"�y° ++srar� �'werAm+A y lienee C. Llawatllyn,=ecrelalry
LMS -12873 LMIC OCIC WAIC Multi Co 062018
Agreement No. 5843
0 Liberty LIBERTY MUTUAL INSURANCE COMPANY
Mut1: al. FINANCIAL STATEMENT —DECEMBER 31, 2018
SURETY
Assets
Cash and Bank Deposits ......................................... $464,341,712
*Bonds — U.S Government ..................................... 2,259,714,810
*Other Bonds............................................................ 11,864,776,740
*Stocks.._._...-.... . ................................. 16,527,715,226
Real Estate.............................................................. 255,809,551
Agents' Balances or Uncollected Premiums........... 5,817,927,234
Accrued Interest and Rents ..................................... 108,139,840
Other Admitted Assets ............................................ 11,532,139,744
Total Admitted Assets ..................................... S'�8,1f30.564.857
Liabilities
Unearned Premiums ................................................
$7,851,429,449
Reserve for Claims and Claims Expense .................
20,165,209,300
Funds Held Under Reinsurance Treaties .................
384,795,327
Reserve for Dividends to Policyholders ..................
1,111,529
Additional Statutory Reserve ..................................
62,866,000
Reserve for Commissions, Taxes and
Other Liabilities..„...„ .........................................
3,999,822,802
Total.................................................................
$32,465,234,407
Special Surplus Funds ................. $43,108,583
Capital Stock ............................... 10,000,000
Paid in Surplus ............................ 10,044,912,727
Unassigned Surplus ..................... 6,267,309,139
Surplus to Policyholders .................................
16,365,330,449
Total Liabilities and Surplus ................................
fi48,8t► 564.R5t,
w ar�Spr�
* Bonds are stated at amortized or investment value; Stocks at Association Market Values.
1912° The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
statement filed with the state of Massachusetts Department of Insurance.
*
I, TTM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2018, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 22nd day of
March, 2019.
Assistant Secretary
S-1262LMIC/a 3/19
Agreement No. 5843
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
BIDDER'S Contractor's License Number is:
183393
Class No.: A, C-7, and C-10
The expiration date of BIDDER'S Contractor License is:
September 30
.20 20 .
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 0,111 , 20A, at
Pomona, CA
Signature
Thomas Brayley
Typed Name
Director of Operations - Underground
Title
Henkels & McCoy, Inc.
Company Name
(insert City and State where Declaration signed).
I -C-9
Agreement No. 5843
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 Director of Operat8ons - Underground of Henkels & McCoy, inc. , 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 Cali'tornia that the foregoing
is true and correct and that this declaration is executed on 1 :./i,� Ot @date], at
Pomona [city], CA [state]."
Dated this 114-h day of T)p,LL4,vr , 20�
Thomas Brayley
Name
Director Of Operations - Underground
Title
�'42__L7
Signature
I -C-10
Agreement No. 5843
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: Director of Operations - Underground
Business Name: Henkels & McCoy, Inc.
Business Address: 2840 Ficus street
Pomona, CA 91766
Telephone Number: (909 )__517-3167
Dated this 11+\ day of &c.0- , 2011.
Agreement No. 5843
DESIGNATION OF SUBCONTRACTORS
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
Company Name: Henkels & McCoy, 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 perforin and
will perform that portion of the work itself.
�_. ..—...._.... _ ............. - .....................
Description of
Subcontractor's Portion of
Name of Contractor Work Estimated $
Subcontractor Address License No. Subcontracted Amount
.........
(Number and Street)
(City, Zip Code)
N/A N/A
None N/A N/A
(M a copies of this page if additional space is needed)
wA
P4 /o�
Signature of idder to
6
I -C-12
Agreement No. 5843
REFERENCES
Company Name: Henkels & McCoy, 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: TE Subsea Communications LLC - Pacific Light Cable Network Project
Location: EI Segundo, CA
TE Subsea Communications 250 Industrial Way West, Eatontown, NJ 07724
Name and address of owner
Gary Ernest, Jr. (732) 578-7227
Name and current telephone number of person familiar with project
The project included placing (2) 6'xl2'x8' vaults on the beach and (25) 3'x5' vaults spread throughout the City of EI
Segundo. The scope of work included placing (2) 4" conduits and innerduct, by utilizing directional drilling and open
Type of Work: cut for a total of 24,625 linear feet.
Contract amount: $ 4,867,722.25 Date completed: 05/30/2019
Amount of work done by my/our firm under contract $ 3,848,945.21
Did your firm have any financial interest in Project? No
2. Project Title: Southern California Edison - 317 - Midwav-Delano FOC 07074
Location: Kern County, CA
Southern California Edison 8631 Rush St., Rosemead, CA 91770
Name and address of owner
Rossy Lineberger (626) 302-0460
Name and current telephone number of person familiar with project
Type of Work: 11,490' of Trench, 7 Manholes, 322- 35'-C2 poles
Contract amount: $ 901,647.49 Date completed: 10/13/2017
Amount of work done by my/our firm under contract $ 879,465.05
Did your firm have any financial interest in Project? No
i -C-13
3
4.
5.
Agreement No. 5843
Project Title: City of Riverside - RPU7495 Rehabilitation of Four Electric Vaults
Location: Riverside, CA
City of Riverside 3900 Main St., Riverside, CA 92522
Name and address of owner
Julian Cardenas (951) 826-5454
Name and current telephone number of person familiar with project
Type of Work: Rehab four existing vaults with Voltek systems
Contract amount: $ 465,539.00 Date completed: 01/31/2018
Amount of work done by my/our firm under contract $ 162,809.22
Did your firm have any financial interest in Project? No
Project Title: Southern California Edison - Brea Blvd Rule 20
Location: Brea, CA
Southern California Edison 8631 Rush St., Rosemead, CA 91770
Name and address of owner
Jennifer Lara (714) 973-5753
Name and current telephone number of person familiar with project:
This job included placing five 7'x18'x8 vaults and twelve various size pull boxes raging from 3'x5' to 17"x30". Trenching
was a total of 5,190 linear feet which contained 29,773 feet of various size conduit ranging from 6" to 2" for SCE,
Type of Work: Charter, Crown Castle and AT&T,
Contract amount: $ 1,678,483.00 Date completed: 07/17/2017
Amount of work done by my/our firm under contract $ 1,461,079.16
Did your firm have any financial interest in Project? No
Project Title: Southern California Edison - Oak Springs P.T Sub Dice 33KV
Location: Wrightwood, CA
Southern California Edison 8631 Rush St., Rosemead, CA 91770
Name and address of owner
Joe Camacho (626) 940-9715
Name and current telephone number of person familiar with project:
I -C-14
Agreement No. 5843
Type of Work: Install 10 Slab boxes, Trench Approx. 428', Install conduits
Contract amount: $ 387,178.70 Date completed: 08/30/2018
Amount of work done by my/our firm under contract $ 275,310.15
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:
Liberty Mutual Surety
Attn: Jeff Dougherty, Vice President
2200 Renaissance Boulevard, Suite 400
King of Prussia, PA 19406-2755 (610) 729-1311
I -C-15
Agreement No. 5843
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
Company Name: Henkels & Mc oy, Mnc.
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.
l . Have you ever been disqualified from any government contract?
Yes ❑ No 12
2. If yes, explain the circumstances:
N/A
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 ® No ❑
Bidder's Signature
7
Thomas Brayley
Name (Please Print)
I -C-16
Agreement No. 5843
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08,
Company Name: Henkels & McCoy, 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:
Type 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, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
bidder's proposal "nonresponsive."
ren --
Date Bidder's Signature
I -C-17
Agreement No. 5843
RMATTACHMENT A - Officers of the Corporation
® R. ,,. , ...... _... ,
HENKELS & McCOY, INC. 1985 JOLLY ROAD I BLUE BELL, PA 19422 1 (215) 283-7600
HENKELS & McCOY, INC.
985 Jolly Road, Blue Bell, PA 19422
Date Incorporated: September 26, 1958
State of Incorporation: Pennsylvania
EIN #: 23-1535602
DIRECTORS
T. Roderick Henkels
James M. Dillahunty
Mary Beth Martino
OFFICERS
James M. Dillahunty
David J. Cox
James A. Duffy
Pierre M. Adam
William Herdegen
Erol Ozkirbas
Joseph C. Paulits IV
Francine Thornton Boone
Dorothy J. Clark
Daniel K. Dallner
Joseph A. Ebersbach
Brian Healy
Christopher Herm
Al Lippy
Matthew D. Pirollo
Lawrence A. Marino
Michael Sowa
President
Executive Vice President
Regional Vice President
Regional Vice President
Vice President
Vice President
Vice President
Associate General
Counsel/Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Treasurer
Assistant Treasurer
Assistant Treasurer
A HENKEL5EMcCOY GROUP Company
PERFORMANCE has built our business...®
Agreement No. 5843
ATTACHMENT B - All current and prior DBA's, aliases, and/or fictitious business names
v
HENKELS & McCOY, INC. 1 985 JOLLY ROAD I BLUE BELL, PA 19422 1 (215) 283-7600
In order to access additional markets, H&M has undergone a reorganization. A holding
company was formed in December 2015 and is named Henkels & McCoy Group, Inc. Henkels &
McCoy, Inc. is a wholly owned subsidiary of Henkels & McCoy Group, Inc.
For further information regarding these matters, please contact Caroline Henrich, Esquire in the
Company's Legal Department:
Caroline Henrich
Vice President, General Counsel & Secretary
Legal Department
Henkels & McCoy, Inc.
985 Jolly Road
Blue Bell, PA 19422-0900
(215) 283-7935
A HENKEL6 & WCOY GROUP Company
PERFORMANCE has built our business...®
Agreement No. 5843
t 1�
CONTRACT DOCUMENTS
PLANS & SPECIFICATIONS
FOR
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
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
MANDATORY PRE-BID MEETING
TUESDAY, DECEMBER 10, 2019 AT 9:00 AM
IN HR CONFERENCE ROOM IN CITY HALL
350 MAIN STREET
EL SEGUNDO, CA 90245
BIDS DUE TUESDAY, DECEMBER 179 2019 AT 11:00 AM
Agreement No. 5843
BIDS WILL BE RECEIVED
UP TO THE HOUR
OF 11:00 A.M.
TUESDAY, DECEMBER 17, 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
N
Agreement No. 5843
SPECIAL INSTRUCTIONS TO CONTRACTORS
Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS,
pages II -B-24 thru II -B-26 "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. 5843
TABLE OF CONTENTS
SECTION I — LEGAL
A. NOTICE INVITING SEALED BIDS
B. BIDDING INSTRUCTIONS
1. DEFINITION
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
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
11. INSURANCE REQUIREMENTS
D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT
E. FAITHFUL PERFORMANCE BOND
PAGE
I -A-1 TO A-3
I -B-1 TO B-8
I -B-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
I -C-1 TO C-17
I -C-1
I -C -3a
I -C -3a
I -C-4
I -C-6
I -C-7
I -C-8
I -C-9
I -C-10
I -C-11
I -C-12
I -C-15
I -C-16
I -D-1 TO D-5
I -E-1 TO E-3
F. MATERIAL AND LABOR BOND I -F-1 TO F-3
Agreement No. 5843
SECTION II - GENERAL REQUIREMENTS PAGE
A. GENERAL SPECIFICATIONS II -A-1 TO A-2
I .
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-2
7.
AIR POLLUTION CONTROL
II -A-2
8.
WORKER UNIFORMS
II -A-2
B. GENERAL PROVISIONS II -B-1 TO B-34
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
11-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-3
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-6
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
II -B-6
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-7
3-3.2.2 BASIS FOR ESTABLISHING COSTS
II -B-7
3-3.2.3 MARK UP
II -B-7
00
Agreement No. 5843
SECTION II — GENERAL REQUIREMENTS (Continued)
3-3.3 DAILY REPORTS BY CONTRACTOR
3-4 CHANGED CONDITIONS
3-5 DISPUTED WORK
4-1.3 INSPECTION REQUIREMENTS
4-1.3.1 GENERAL
4-1.3.2 INSPECTION OF MATERIALS NOT
PRODUCED LOCALLY
4-1.6 TRADE NAMES OR EQUALS
5-2 PROTECTION
5-2.1 INCORRECT LOCATION OF UTILITIES
5-4 RELOCATION
5-4.1 RESPONSIBILITY OF UTILITY REMOVAL
OR RELOCATION
5-5 DELAYS
5-5.1 CALCULATING IDLE TIME
6-1 CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF WORK
6-1.1 CONTRACT SCHEDULE
6-1.2 CONTENT OF CONTRACT SCHEDULE
6-1.3 EFFECT OF CONTRACT SCHEDULE
6-1.4 COMMENCEMENT OF CONTRACT TIME
6-4 DEFAULT BY CONTRACTOR
6-4.1 GENERAL
6-4.2 TERMINATION OF CONTRACTOR'S
CONTROL OVER THE WORK
6-4.3 SURETY'S ASSUMPTION OF CONTROL
6-6 DELAYS AND EXTENSIONS OF TIME
6-6.1 GENERAL
6-6.2 EXTENSION OF TIME
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
6-6.4 WRITTEN NOTICE AND REPORT
6-7.2 WORK DAYS AND WORKING HOURS
6-7.4 NIGHT WORK
6-7.5 WEEKEND AND HOLIDAY WORK
6-8 COMPLETION AND ACCEPTANCE
6-8.1 GENERAL GUARANTY
6-9 LIQUIDATED DAMAGES
6-9.1 FAILURE TO COMPLETE WORK ON TIME
6-11 DISPUTES AND CLAIMS; PROCEDURE
6-11.1 GENERAL
6-11.2 FORM
til
PAGE
II -B-8
II -B-8
II -B-9
II -B-9
II -B-9
II -B-10
II -B-14
II -B-14
II -B-15
II -B-15
II -B-15
II -B-15
II -B-16
II -B-16
II -B-17
II -B-17
II -B-17
II -B-17
II -B-17
II -B-18
II -B-18
II -B-18
Agreement No. 5843
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
6-11.10APPEAL TO SUPERIOR COURT; WAIVER
OF JURY TRIAL
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-20
II -B-20
II -13-20
II -B-21
II -B-21
II -B-21
II -13-22
II -B-22
II -B-22
II -B-22
II -13-23
II -B-23
II -B-24
II -B-26
II -B-27
II -B-27
II -B-27
II -B-28
II -B-28
II -B-29
II -B-29
II -B-29
II -B-30
II -B-30
II -13-31
II -B-32
II -13-32
II -B-33
II -B-34
SECTION III - SPECIAL PROVISIONS
1-0 GENERAL SCOPE, TIME FOR COMPLETION
AND LOCATION OF WORK
2-0. NOTIFICATIONS
3-0. STANDARDS
4-0. EXAMINATION OF JOB SITE
5-0. INSPECTION
6-0. USE OF PRIVATE PROPERTY
7-0. STORAGE OF MATERIALS AND EQUIPMENT
8-0. CENTERLINE TIES
9-0. QUALITY ASSURANCE
SECTION IV - MEASUREMENT AND PAYMENT
SECTION V - TECHNICAL SPECIFICATIONS
19
Agreement No. 5843
PAGE
III -A-1
III -A-2
III -A-3
III -A-3
III -A-3
III -A-3
III -A-4
III -A-4
III -A-4
Agreement No. 5843
NOTICE INVITING SEALED BIDS
FOR THE
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
IN THE CITY OF EL SEGUNDO
PROJECT NO.: PW 19-08
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, DECEMBER 17, 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 the removal of existing fiber optic vault lids and replacement of new Jensen
precast, traffic rated vault lids at seven (7) locations throughout the City, as shown on the plans
on file with the City's Public Works Department. The work will take place at various locations
throughout the City of El Segundo, per plans as part of these specifications.
Work on the Project must be performed in strict conformity with Specifications No. PW 19-08:
Fiber Optic Vault Lid Replacement Project which is filed with the Public Works Department.
Copies of the Plans, Specifications, Contract Documents and Engineer's estimate are available
from the Engineering Division of the Public Works Department, City of El Segundo, 350 Main
Street, El Segundo, California, 90245. Plans And Specifications are alternately available
electronically via http://www.elsegundo.org/depts/works/project_request_Contact form.asp
A pre-bid meeting is scheduled for Tuesday, December 10, 2019, at 9:00 am, at the HR
Conference Room, 350 Main Street, El Segundo, CA 90245. Bidders' attendance at this
meeting is mandatory. Questions regarding the bid shall be submitted by 5:00 pm on Friday,
December 13, 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.
Note that the Project is subject to compliance monitoring and enforcement by California
Department of Industrial Relations. Pursuant to California law, the City must find bids failing to
I -A-1
Agreement No. 5843
comply with all applicable Labor Code requirements including, without limitation, Labor Code
§§ 1725.5 and 1771.4 to be nonresponsive.
The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and
increasing the skills of minority group employees and applicants for employment, as set forth in
Executive Order 11246 and 11375.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment
standards established by the State Director of Industrial Relations will be required.
Affirmative action to ensure against discrimination in employment practices on the basis of race,
color, national origin, ancestry, sex, or religion will also be required.
The City of El Segundo hereby affirmatively ensures that minority business enterprises will be
afforded full opportunity to submit bids in response to this notice and will not be discriminated
against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration
leading to the award of contract.
Prevailing Wage: 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.
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 Sub -Contractor, 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. 5843
Bidders and submitted to the Public Works Department, 350 Main Street, City of El Segundo, in
a sealed envelope plainly marked on the outside:
"SEALED BIDS FOR PROJECT NO.: PW 19-08
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
IN THE CITY OF EL SEGUNDO
DO NOT OPEN WITH REGULAR MAIL"
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" or "B" or "C-10". The successful Contractor and his Sub -
Contractors 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 day of , 20
CITY OF EL SEGUNDO, CALIFORNIA
Tracy Weaver, City Clerk
I -A-3
Agreement No. 5843
BIDDING INSTRUCTIONS
1. 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 either (1) a specialty contractor "C" license in each such trade,
(2) a General Engineering contractor "A" license, or (3) a General Building
contractor "B" 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
IBM
Agreement No. 5843
Contractors' State License Board which establishes that the individual or entity
bringing the action was duty 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 S13 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:
httt)://'www.el,,;eeutido.org/der)ts/works/t)roiect reQUest contact forin.ast).
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. 5843
Segundo employees to discuss potential projects or ask questions regarding
the bid.
Questions Due by 5:00 pm, December 13, 2019
Questions Answered by December 16, 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.
5. PRODUCT SUBSTITUTIONS. Substitutions will only be considered before award of the
Contract and as provided for in the Contract Documents.
6. SUBCONTRACTORS.
6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform
work, labor or render such services. The Bid Form contains spaces for the following
information when listing Subcontractors: (1) Work Activity; (2) name of
Subcontractor; (3) city of Subcontractor's business location. Failure to list any of
these items on the Bid Form will result in the City treating the Bid as if no
Subcontractor was listed for the Work and that Bidder represents to the City that it is
fully qualified to perform that portion of the Work and will perform do so.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline
with the City's written consent in accordance with California law.
7. ADDENDA.
7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or
delivered to all who are known by the City to have received a complete set of
Bidding Documents and who have provided a street address for receipt of Addenda.
7.2 Copies of Addenda will be made available for inspection at the City's Public Works
Department.
7.3 The City will issue Addenda so that they are received by prospective Bidders not
later than three (3) business days before the Bid Deadline. Addenda that withdraw
the request for Bids or postpone the Bid Deadline may be issued anytime before the
Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda
before issuing a Bid.
8. PRE-BID CONFERENCE. Bidder will attend a Pre -Bid Conference where the City will
discuss the Bidding Documents, answer questions, accept comments, and conduct a Project
site visit. The City requires all Pre -Bid Conference attendees to arrive for the meeting on
time and to sign an attendance list which is used to determine if Bidders meet this
requirement. Any Bidder not attending the Pre -Bid Conference in its entirety will be deemed
to have not complied with the requirements of the Bidding Documents and its Bid will be
rejected.
I -B-3
Agreement No. 5843
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.
10. BID SECURITY
10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump
I -B-4
Agreement No. 5843
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, if applicable, 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 PROJECT NO.: PW 19-08 FIBER OPTIC
VAULT LID REPLACEMENT PROJECT. IN THE CITY OF EL SEGUNDO.
DO NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or
delivered by messenger.
10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A
Bid received after the Bid Deadline will be returned to Bidder unopened.
10.7 Bidder will assume full responsibility for timely delivery at the location designated
for receipt of Bids.
10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
10.9 All proposals must be submitted, filed, made, and executed in accordance with State
and Federal laws related to bids for contracts of this nature whether the same is
expressly referred to herein or not. Any bidder submitting a proposal shall by such
action thereby agree to each and all of the terms, conditions, provisions, and
requirements set forth, contemplated, and referred to in the Plans, Specifications, and
other contract documents, and to full compliance therewith.
11. MODIFICATION OR WITHDRAWAL OF BID.
11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of
Agreement No. 5843
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 ninety (90) calendar 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 interiineations, 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) calendar days for examination
and comparison, and to delete any portion of the work from the contract.
14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept
the lowest responsive Bid as determined by The City.
Agreement No. 5843
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) calendar 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 One original of the Agreement signed by Bidder.
14.5.2 One original of the Payment Bond.
14.5.3 One original of the Performance Bond.
14.5.4 Certificates of Insurance on form provided by the City.
14.5.5 Names of all Subcontractors, with their addresses, telephone number,
facsimile number, trade on Bidders' company stationery. Evidence, as
required by the City, of the reliability and responsibility of the proposed
Subcontractors such as statements of experience, statements of financial
condition, and references.
14.5.6 Preliminary Contract Schedule.
14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of
Securities in Lieu of Retention and Deposit of Retention. If not submitted,
the City will withhold retention.
14.5.8 Cost Breakdown.
14.6 Before award of the Contract, the City will notify Bidder in writing, if the City
objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a
substitute acceptable to the City. Failure of the City to object to a proposed
Subcontractor before award will not preclude the City from requiring replacement of
any Subcontractor based upon information received subsequent to award,
information which cannot be properly evaluated before award due to time
constraints, or information relating to a failure to comply with the requirements of
the Contract.
14.7 If Bidder submits the original signed Agreements and all other items within ten (10)
days after receiving the City's notification, and all such items comply with the
requirements of the Bidding Documents, the City will award the Contract to Bidder
I -B-7
Agreement No. 5843
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.
am
Agreement No. 5843
PROPOSAL
FOR THE
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
Project No.: PW 19-08
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.
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE,
I -C-1
Agreement No. 5843
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been
due under the requirements of any agency, State, or Federal equal employment opportunity orders
have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
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.
NONCOLLUSION DECLARATION
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. 5843
BID SCHEDULE
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
Company Name:
BASE BID ITEMS
Item
No. Description
1 Mobilization/Demobilization
2 Traffic Control, Public Safety and
Convenience
3 Relocate and Protect Fiber Optic Patch
Panel in Fiber Optic Vault #72
Remove Existing Fiber Optic Vault Lid
4 and Adjacent Paving and Install New
Vault Lid and Patch Asphalt Concrete on
Aggregate Base Complete
5 Miscellaneous Improvements as
determined by the Engineer as necessary
Unit Total
QTY Unit Price ($) ($)
1 LS
1 LS
TOTAL BASE BID FOR ITEMS 1-5 IN FIGURES =
M
TOTAL BID WRITTEN IN WORDS:
1 LS
7 EA
1 1I LS $10,000 $10,000.00
All work shall be per these specifications and attachments. Prevailing wage rates apply. The
City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and
to take all bids under advisement for a period of ninety (90) calendar days.
I -C-4
Agreement No. 5843
Company Name:
BIDDER certifies that the following information is true and correct:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
If corporation, State of Incorporation (i.e., California)
Business
Address
Telephone No.
Facsimile No.
State Contractor's License No. and Class
Original Date Issued Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and/or corporate officers having principal interest in this
proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
I -C-5
BIDDER'S INFORMATION (CONTINUED)
Company Name:
Agreement No. 5843
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name:
Title:
I -C-6
Agreement No. 5843
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all aforenamed principals this day of .20
BIDDER
Subscribed and sworn to this day of .20—.
NOTARY PUBLIC
I -C-7
Agreement No. 5843
PROPOSAL GUARANTEE
BID BOND
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
KNOW ALL MEN BY THESE PRESENTS that,
, as BIDDER, and
, as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of DOLLARS ($_), 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-8
Agreement No. 5843
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).
ffM
Agreement No. 5843
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 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]."
Dated this day of _'20
Name
Title
Signature
I -C-10
Agreement No. 5843
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-1 I
0
I-C-11
Agreement No. 5843
DESIGNATION OF SUBCONTRACTORS
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
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.
Description of
Subcontractor's Portion of
Name of Contractor Work Estimated $
Subcontractor Address License No. Subcontracted Amount
(Number and Street)
(City, Zip Code)
(Make copies of this page if additional space is needed)
Signature of Bidder Date
I -C-12
Agreement No. 5843
REFERENCES
Company Name:
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-13
Agreement No. 5843
3. 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?
4 Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ _ _ n Date completed:
Amount of work done by my/our firm under contract $........ ._._............
_._.._
Did your firm have any financial interest in Project?
5. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
I -C-14
Agreement No. 5843
Type of Work:
Contract amount: $- Date completed: . .....
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
I -C- 15
Agreement No. 5843
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
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-16
Agreement No. 5843
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08,
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:
3Te 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 Californda Worker's Compensation Coverage with the associated Waiver. Out-of-state
coverage will not be accepted in lieu of the California coverage, because the work is being performed in
the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
render the bidder's proposal "nonresponsive."
Date
I -C-17
Bidder's Signature
Agreement No. 5843
END PROPOSAL SECTION
I -C-18
Agreement No. 5843
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
[CONTRACTOR]
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO. PW 19-08
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
("the Contractor").
1. WORK.
A, The Contractor will provide all work required by the Contract Documents (the
"Work"). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed
Dollars ($_) for the Work in the manner set forth in the Contract Documents. The City
may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within Thirtv (30) working days
am
Agreement No. 5843
(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;
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
of insurance coverage to be maintained by the Contractor as required by the Contract
I -D-2
Agreement No. 5843
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 eithqr 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
Ken Berkman
Public Works Director
City of El Segundo
350 Main Street,
El Segundo, CA 90245
(310) 524-2356
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.
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
I -D-3
Agreement No. 5843
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.
I -D-4
Agreement No. 5843
IN WITNESS WHEREOF the parties hereto have executed this contract the day and
year first hereinabove written.
CITY OF EL SEGUNDO
Scott Mitnick
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By: ...... ..............
David H. King,
Assistant City Attorney
Insurance Reviewed by: _
I -D-5
Taxpayer ID No.._._.
Contractor State
License No.:
Contractor City Business
License No.:
Agreement No. 5843
FAITHFUL PERFORMANCE BOND
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
Bond No.
Bond Fee:
("PRINCIPAL")
and
, a corporation
incorporated under the laws of the State of and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 19-08, 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
I. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 19-08, 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 FILE NO. PW 19-08) which are made a part of this bond when
said plans and profiles are approved by the City Council and filed with CITY's Engineering
Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
I -E- I
Agreement No. 5843
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 19-08 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. 5843
,20
SURETY's PRESIDENT
SURETY's SECRETARY
PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
I -E-3
Agreement No. 5843
LABOR AND MATERIALS BOND
FIBER OPTIC VAULT LID REPLACEMENT PROJECT
PROJECT NO.: PW 19-08
Bond No.
Bond Fee:
., as principal
("PRINCIPAL") and a
corporation
incorporated under the laws of the State of , and licensed by the State
of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held
and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in FIBER OPTIC VAULT LID
REPLACEMENT PROJECT, SPECIFICATIONS NO. PW 19-08 ("Public Project"), the
public works contract execrated 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 SLJRETY 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 19-08, 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 19-08), 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.
equipment.
PRINCIPAL will pay all contractors, subcontractors, and persons renting
I -F-1
Agreement No. 5843
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 19-08, 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 remain 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. 5843
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. 5843
SECTION lI - GENERAL REOUIR.EMENTS
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL SPECIFICATIONS
1. REGISTRATION OF CONTRACTORS
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 Sub -Contractors 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 Sub -Contractors, 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 One
Thousand, One Hundred, Forty-four Dollars ($1,444.00) to insure against damage to a 2
%" Fire Hydrant water meter which will be furnished and installed by the City at a point
convenient to the site of the work. This deposit will be refunded to the Contractor upon
completion of the Project if, after removal and inspection of said meter by the City, it is
found to be in satisfactory condition. In event of damage to this meter while under the
jurisdiction of the Contractor, all or any part of said deposit may be retained by the City.
A non-refundable Activation Fee of One Hundred, Ten Dollars ($110.00) 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.
II -A-1
Agreement No. 5843
6. SOUNDCON'FROL
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 engine will be operated on the Project without said muffler.
The use of loud signals will be avoided in favor of light warnings except those required by
safety laws for the protection of personnel.
7. AIR POLLUTION CONTROL
The Contractor is put on notice that he must abide by all existing rules and regulations of the
SCAQMD (South Coast Air Quality Management District), relating to all operations or
equipment which discharge visible emissions or solid or liquid particles to the atmosphere.
8. WORKER UNIFORMS
All workers under the employment of the Contractor or his/her Sub -Contractor will wear
an orange vest or an orange shirt while working in the public right-of-way.
11-A-2
Agreement No. 5843
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 project.
0-2 NUMBERING 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 time
required for approval of a governing body.
II -B-1
Agreement No. 5843
Public Works Director — The City's Public Works Director, or designee.
0 (Check if applicable) State Standard Specifications - State of California Standard
Specifications, dated July 1992, Business and Transportation Agency, Department of
Transportation
Working Days - A working day is defined as any day, except Saturdays, Sundays, legal
holidays and days when work is suspended by the Engineer, as provided in Subsection
6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time
of Completion."
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 PROJECTSITE
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.
11-B-2
Agreement No. 5843
2-1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS.
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.
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
II -B-3
Agreement No. 5843
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 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 RESPONSIBILITY
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 SPECIFICATIONS
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:
r . One as -built copy of the Plans and Specifications, in good order and marked to
record current changes and selections made during construction. As -built plans
must be submitted to the City representative for approval before the City pays a
final retention amount.
2. The current accepted Contract Schedule.
3. Shop Drawings, Product Data, and Samples.
4. Approved permits from other agencies, including Cal -OSHA permits for trench
shoring.
II -B-4
Agreement No. 5843
5. 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 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.
II -B-5
Agreement No. 5843
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 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 MEASUR]"i'MENT AND PAIL MEN`r
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 ESTABI...ISI-IING COSTS
Subsection 3-3.2.2.3, Tool and Equipment Rental is modified where the second and
third paragraphs are replaced with "Regardless of ownership, the rates to be used in
II -B-6
Agreement No. 5843
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 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
II -B-7
Agreement No. 5843
discovery and before disturbing such changed conditions), as provided in Subsection
6-11, so that the Engineer can determine if such conditions require design details that
differ from those design details shown in the Contract Documents. Notwithstanding the
time period set forth in Subsection 6-11.3, the Contractor is liable to the City for any
extra costs incurred as a result of the Contractor's failure to promptly give such notice.
Changed conditions include, without limitation, the following:
Subsurface or latent physical conditions differing materially from those
represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature differing materially from
those ordinarily encountered and generally recognized as inherent in work of
the character being performed; and
3. Material differing from what is represented in the Contract which the
Contractor believes may be hazardous waste as defined in California Health &
Safety Code § 25117 that is required to be removed to a Class I, II, or III
disposal site in accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed
conditions. The Engineer's decision, and any dispute regarding that decision, will be
made in accordance with Section 6-11 except that the Engineer will render a decision
promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS
is subject to the following provisions:
1, The information is made available for the Bidders' convenience and is not a
part of the Contract.
1 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.
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
II -B-8
Agreement No. 5843
Documents.
4-1.3 INSPECTION REOL)IR.EME°NTS
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
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 NAVIES DR ECtJALS
Whenever any material, product, equipment, or service is specified by brand, trade, or
proprietary name, the item so specified will be deemed to be followed by the words "or
equal".
For the City's consideration of a proposed "equal" item, the Bidder must submit, a
minimum of ten (10) calendar days before the date of the bid opening, documentation
of the particulars of the proposed "equal item". At a minimum, the submitted
documentation will include:
Written request with explanation of why the product should be considered as
an equal product.
Material specifications.
* Technical specifications.
Test data.
Samples.
Comparison chart of key specifications of the "equal" item against similar
II -B-9
Agreement No. 5843
specifications of the specified item.
Work locations and reference telephone numbers of at least three (3) locations
where the proposed "equal" item has been recently installed under similar
conditions.
Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal"
product is acceptable to the City five (5) calendar days before the date of the bid
opening. Failure to submit all required documentation and/or submittal of incomplete
documents may result in the City's rejection of the proposed "equal" product without
further consideration.
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 RESPONSIBILITY OF L)TILITY 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.
11-B-10
Agreement No. 5843
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 COMMENCEMENT OF WORK
Section 6-1, Construction Schedule and Commencement of Work, is deleted in its
entirety and replaced by the following subsections.
Pre-ConStlllct'ioll kleetin :
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 sub -contractors to attend the meeting.
6-1.1 CONTRACT SCHEDULE
After notification of award and before starting any work, the Contractor will submit a
Contract Schedule to the Engineer for review, as required by these Specifications
within fifteen (15) calendar days of award.
6-1.2 CON°l ENT OF CONTRAC"I" SCI-IEDULE
The Contract Schedule, and any updated Contract Schedule, will meet the following
requirements:
1. Schedules must be suitable for monitoring progress of the Work.
2. Schedules must provide necessary data about the time for the Engineer's
decisions.
3. Schedules must be sufficiently detailed to demonstrate adequate planning for
the Work.
4. Schedules must represent a practical plan to complete the Work within the
Contract Time.
5. Schedules must show the critical path method for completing the Work.
The Engineer's review of the form and general content of the Contract Schedule and
any updated Contract Schedules is only for the purpose of determining if the listed
requirements are satisfied, nothing more.
6-1.3 EFFECT OF CONTRACT 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
II -B-11
Agreement No. 5843
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 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 COMMENCEMENT Cr' CONTRACT 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.
II -B-12
Agreement No. 5843
6-4 DEFAULT BY 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.
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 SURETY'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
II -B-13
Agreement No. 5843
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.
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 EX"11ENS ONS OFTIME
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 PAYNIEN`l' FOR DEI.,AN'S "1"O CON"TRACTOR.
Any payment for compensable delay will be based upon actual costs as set forth in
11-B- 14
Agreement No. 5843
Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor
may have reasonably avoided. The Contractor understands that this is the sole basis for
recovering delay damages and explicitly waives any right to calculate daily damages
for office overhead, profit, or other purported loss, using different formulas including,
without limitation, the Eichleay Formula.
6-6.4 WRITTEN NOTICE AND REPORT
If the Contractor desires payment for a delay or an extension of time, it will give the
Engineer written notice of such request not later than the time limit set forth in the
Proposal for submitting a claim after the event or occurrence giving rise to a delay
claim. Failure to submit a written request within such amount of time will result in the
Contractor waiving its delay claim.
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 lam -5pm. It is closed every Friday and
the following holidays:
New Year's Eve -
Tuesday, December 31, 2019
New Year's Day -
Wednesday, January 1, 2020
Martin Luther King, Jr. Day -
Monday, January 20, 2020
President's Day -
Monday, February 17, 2020
Memorial Day -
Monday, May 25, 2020
Independence Day -
Saturday, July 4, 2020
Labor Day -
Monday, September 7, 2020
Thanksgiving -
Thurs-Fri, November 26-27, 2020
Christmas Eve -
Thursday, December 24, 2020
Christmas -
Friday, December 25, 2020
Working on 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.
II -B-15
Agreement No. 5843
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 Saturdays,
Sundays and City Holidays.
6-8 COMPLETION AND ACCEP,"rANCE
Subsection 6-8 of the Greenbook is deleted in its entirety and replaced by the
following:
The Work will be inspected by the Engineer for acceptance upon the Engineer
receiving the Contractor's written assertion that the Work is complete.
If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the
Engineer will accept the Work on behalf of the City in the manner prescribed by the
City. The Engineer will recommend approval of the Notice of Completion to the City
Council. This will be the date when the Contractor is relieved from responsibility to
protect the Work.
All work will be guaranteed by the Contractor against defective workmanship and
materials furnished by the Contractor for a period of I year from the date the Work
was completed. The Contractor will replace or repair any such defective work in a
manner satisfactory to the Engineer, after notice to do so from the Engineer, and within
the time specified in the notice. If the Contractor fails to make such replacement or
repairs within the time specified in the notice, the City may perform this work and the
Contractor's sureties will be liable for the cost thereof.
6-8.1 GENERAL GUARANTY
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 LIQUIDATED DAMAGES,
Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and
replaced by the following subsections.
Agreement No. 5843
6-9.1 FAILURE TO COMPLETE WORK ON TIME
If all the work called for under the contract is not completed before or upon the
expiration of the Contract Time, the City will sustain damage. Since it is and will be
impracticable to determine the actual damage which the City will sustain in the event
of and by reason of such delay, it is therefore agreed that the Contractor will pay to the
City the sum specified in the Proposal for each and every calendar day beyond the time
prescribed to complete the work not as a penalty, but as a predetermined liquidated
damage. The Contractor agrees to pay such liquidated damages as are herein provided,
and in case the same are not paid, agrees that the City may deduct the amount thereof
from any money due or that may become due to the Contractor under the contract.
Unless otherwise specified, liquidated damages will be $250 per calendar day.
6-11 DISPUTES AND CLAIMS, PROCEDL1Rl
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:
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.
II -B-17
Agreement No. 5843
2. A detailed description of the act, error, omission, unforeseen condition, event
or other condition giving rise to the Claim.
3. If the Claim is subject to the Change Order procedures, a statement
demonstrating that a Change Order Request was timely submitted and denied.
4. A detailed justification for any remedy or relief sought by the Claim, including
to the extent applicable, the following:
a) If the Claim involves extra work, a detailed cost breakdown claimed.
The breakdown must be provided even if the costs claimed have not
been incurred when the Claim is submitted.
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).
5. If the Claim involves an error or omission in the Contract Documents:
a) An affirmative representation that the error or omission was not
discovered before submitting a bid for the Contract; and
b) A detailed statement demonstrating that the error or omission
reasonably should not have been discovered by the Contractor, its
Subcontractors and suppliers, before submitting a bid for the Contract.
6. If the Claim involves an extension ofthe Contract Time, written documentation
demonstrating the Contractor's entitlement to a time extension.
T If the Claim involves an adjustment of the Contract Sum for delay, written
documentation demonstrating the Contractor's entitlement to such an
adjustment.
8. A personal certification from the Contractor that reads as follows:
I'll - , 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
I
Agreement No. 5843
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 ENGINEER
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 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 PREREQLiISITE 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:
II -B-19
Agreement No. 5843
"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.
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.
Agreement No. 5843
6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING
The decision rendered by the arbitrator will become binding upon the parties unless
appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12
within thirty (30) calendar days of the decision. If subsequent litigation results in an
award to the party appealing the arbitration that is less than or equal to that of the
arbitration decision, or if the litigation results in a decision in favor of the
nonappealing party, then the party appealing the arbitration will pay the nonappealing
party's attorney's fees and court costs.
6-11.10 APPEAL TO SUPERIOR COURT: WAIVED 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 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 AIS 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 project.
(B) Payment by the city of money or damages arising from work done by, or on behalf
of, the contractor pursuant to the contract for a public works project and payment for
which is not otherwise expressly provided or to which the claimant is not otherwise
entitled.
(C) Payment of an amount that is disputed by the city.
7-2 LABOR
The following subsections are added to Subsection 7-2 of the Greenbook.
II -B-21
Agreement No. 5843
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:
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.
II -B-22
Agreement No. 5843
7-2.4 RECORD OF WAGES PAID: INSPECTION
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:
COVERAGE PER
OCCURRENCE
Comprehensive General Liability
Business Auto
Workers' Compensation
ISO FORM
CL 00 02 01 85 or 88
CA 00 0101 87
COMBINED
SINGLE
LIMIT
$2,000,000
$1,000,000
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.
II -B-23
Agreement No. 5843
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 officers,
officials, employees and volunteers for losses arising from work performed by the
Contractor for the City.
ALL COVERAGES:
Each insurance policy required by this subsection will be endorsed to state that
coverage will not be suspended, voided, cancelled by either party, reduced in coverage
or in limits except after thirty (30) calendar days written notice by certified mail, return
receipt requested, has been given to:
CITY CLERK
City of El Segundo
350 Main Street
El Segundo, CA 90245
Notwithstanding the foregoing, the endorsement may state that insurance may be
cancelled upon ten (10) calendar day notification for non-payment of premium. The
Contractor will provide the City with updated proof of insurance should the Contract
Time extend beyond the policy expiration date.
All liability insurance will be on an occurrence basis. Insurance on a claims made basis
will be rejected. Any deductibles or self-insured retentions will be declared to and
approved by City. The insurer will provide an endorsement to City eliminating such
deductibles or self-insured retentions as respects the City, its officials, employees,
agents, and volunteers.
Except for Workers Compensation Insurance, Contractor will furnish to City
certificates of insurance and endorsements on forms acceptable to the City's City
Attorney, duly authenticated, giving evidence of the insurance coverages required in
this contract and other evidence of coverage or copies of policies as may be reasonably
required by City from time to time. Endorsements must be supplied on ISO Form No.
II -B-24
Agreement No. 5843
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 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
II -B-25
Agreement No. 5843
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 withCivil 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 aforesaid operations of
Contractor, or any subcontractor, regardless of whether or not such insurance policies
are determined to be applicable to any of such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans, in
releasing any bond, in inspecting or accepting any work, or of any other nature, will in
any respect relieve the Contractor or anyone else from any legal responsibility,
obligation or liability he might otherwise have.
7-5 PERMITS
The following paragraph will be added to Subsection 7-5 of Greenbook:
The Contractor will apply for permits required by the City. These permits will be
issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other
permits from other governmental and utility agencies necessitated by their operations.
All bonding fees, (overweight and oversized vehicle permit fees) inspection permit
fees or other fees charged or required for such permits must be paid by the Contractor.
These costs will be included in the bid item provided. If no bid item is included, costs
will be included in the various items of work, and no additional payment will be
allowed.
7-8.1 CLEANUP AND DUST CONTROL
Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety
and replaced by the following subsections.
1111 -1 -WO
Agreement No. 5843
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 POLLUTION CONTROL
The following requirements are added to establish storm water and urban runoff
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
II -B-27
Agreement No. 5843
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.
7-10 PUBLIC 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 ACCESS
The Contractor will notify the occupants of all affected properties at least 48 hours
before any temporary obstruction of access. Vehicular access to property line will be
maintained except as required for construction for a reasonable period of time. No
overnight closure of any driveway will be allowed except as permitted by the Engineer.
At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of
travel on all streets at all times except as permitted by the Engineer. The traffic lanes
will be maintained on pavement, and will remain unobstructed. All work requiring that
a lane be closed or a lane moved right or left will be noticed to the traveling public by
use of City approved lighted arrow boards.
Clearances from traffic lanes will be five (5) feet to the edge of any excavation and two
(2) feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.
One four (4) foot wide paved pedestrian walkway will be maintained in the parkway
area on each side of all streets. The clearance from the pedestrian walkway to any
MKIMi
Agreement No. 5843
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 CLOSURES. 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 (30)
to one (1).
Temporary traffic channelization will be accomplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Engineer.
The Contractor will prepare any plans that may be required for temporary striping to
the satisfaction of the Engineer. In no event will temporary striping be allowed on
finish pavement surfaces, which are to remain.
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
II -B-29
Agreement No. 5843
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 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 S1. NI 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
II -B-30
Agreement No. 5843
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 FINAL PAYMENTS
The text of Subsection 9-3.2 of the Standard Specifications is deleted and replaced
with the following:
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 (3 5) 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, sub -contractors, 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.
11-B-31
Agreement No. 5843
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 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 MATERIALS
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 -
Agreement No. 5843
SECTION III — SPECIAL PROVISIONS
1-0. GENERAL SCONE. TIME FOR COMPLETION, AND LOCATION OF WORK
1-1. General Scope of Work:
The work to be done consists of furnishing all labor, materials, tools, equipment, BMP
implementation and incidentals for removal and installation of fiber optic vault lids at
various locations throughout the City of EI Segundo (as shown on plans).
1-2. Prevailing Wap -e and Departinent of Industrial Relations (DIR) SB 854 Requirements:
This project is subject to prevailing wage requirements.
1. No contractor or subcontractor may be listed on a proposal for a public works
project unless registered with the DIR pursuant to Labor Code section 1725.5 [with
limited exceptions from this requirement for bid purposes only under Labor Code
section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the DIR pursuant to Labor Code
section 1725.5.
3. This project is subject to compliance monitoring and enforcement by the DIR.
1-3. Location of the Work:
The project will occur within public right-of-way at various locations throughout the
City:
1. City Hall — Pool Vehicle Parking Lot
2. Main Street, south of Holly Avenue
3. Grand Avenue, east of Arena Street (in front of the Teen Center)
4. Illinois Street, in front of the City Yard
5. Sierra Street, north of El Segundo Blvd
6. Intersection of El Segundo Blvd and Illinois Street
7. Lomita Street, south of Holly Avenue
1-4. Working Days and Time for Completion:
1. Contractor will commence work on date specified in the Notice to Proceed to be
issued to the Contractor by City of El Segundo Public Works Department and shall
complete work within thirty (30) working days after the date of commencement.
2-0. NOTIFICATIONS
The CONTRACTOR will notify all agencies listed here a minimum of forty-eight (48)
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.
III -A-1
Agreement No. 5843
OPERATION
OFFICE
TELEPHONE
1. Start of work,
Arianne Bola, Public Works Project Manager
310-524-2364
shutdown of work,
Lifan Xu, City Engineer
310-524-2368
or resumption of
Ron Fajardo, General Services Manager
310-524-2715
work after shutdown
Ken Berkman, Director of Public Works
310-524-2356
2. Closing of streets
El Segundo Police Department"
310-524-2200
El Segundo Fire Department"
310-524-2236
** The CONTRACTOR will notify the Engineering Division before notifying these offices.
The following information is provided for CONTRACTOR'S use to notify agencies if their
facilities are affected by CONTRACTOR'S work:
2-1.
1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600
2. City of El Segundo — Water Division
3. City of El Segundo - Wastewater Division
4. City of El Segundo - Recreation and Parks
5. Southern California Gas Company
6. Southern California Edison Company (SCE)
7. AT&T
8. Time Warner Communication (Cable)
9. Los Angeles County Sanitation District
10. El Segundo Unified School District
PUBlJC I RESIDENT NOTIFICATION
310-524-2742
310-524-2754
310-524-2707
310-671-9002
310-417-3366
310-515-4430
310-768-0400 Extension 414
310-699-7411
310-615-2650
Due to the nature of this project involving some inconvenience to residents,
businesses, and the public, a good public relations program is mandatory and evidence
of satisfactory past performance in this area will be required.
The City will require the CONTRACTOR to distribute two (2) "Public Notice's" to
each business and resident affected by the construction. Notices must be approved by
the City prior to distribution. The first notice shall be distributed ten (10) calendar days
prior to the start of any work. The second notice shall be distributed at least forty-eight
(48) hours prior to the start of work. Said notice shall be attached to a red information
hanger provided by the CONTRACTOR and hung on the front door knob of every
resident/ business on the project streets.
111-A-2
Agreement No. 5843
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. Obtaining all required permits.
2. Completing and submitting required documents in a timely manner.
3. Moving on to the site of all Contractor's equipment required for operations.
4. Arranging for and erection of Contractor's work and storage yard.
5. Posting all OSHA required notices.
6. Submittal of Construction Schedule, Contractor Contact List, and Notices to City
staff for City approval.
7. Notification of City staff and residents/pedestrians, including temporary warning
and safety signage leading to areas where construction is occurring or where
materials are being staged. Notification shall take place at least 72 hours before
construction as well as during construction.
8. Re -notification of all affected parties for all construction schedule changes.
9. Protection of utility facilities and other public property in place during any
construction activities. This includes protection of planter boxes and vegetation.
10. Traffic control as required per W.A.T.C.H. manual.
11. Coordination with City staff and any applicable utility agencies to avoid conflicts
during project activities.
12. Providing Best Management Practices (BMPs) necessary to comply with NPDES
requirements.
13. Bringing unforeseen field conditions to City staff's attention in a timely manner.
14. Restoration of private and public property to existing standard conditions upon
demobilization.
15. Removal and disposal of any existing unused materials from the project sites.
16. Demobilization.
3-1. Demobilization shall include all activities for the Contractor to remove all equipment,
on-site sanitary facilities, etc. 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 staff or their representative, to
repair or replace any private or public facilities damaged by the construction and return
public right-of-way to the same or better condition as that existing prior to
construction.
4-0. WORK SCHEDULE
Contractor shall be responsible for providing 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.
III -A-3
Agreement No. 5843
All work shall take place Monday through Friday between the hours of 7:00 am
and 4:00 pm unless previously approved by the Public Works Director, City
Engineer, or Project Engineer for any other day of the week.
3. The Contractor shall coordinate all inspections and final sign -offs for permits
and the project with Public Works Department and Building Safety staff.
5-0. STANDARDS
Section 0-1 on page II -B-1 of these specifications is supplemented by the following
additional requirements:
All work shall be in conformance with the 2018 Standards Specifications for Public
Works Construction (SSPWC) 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.
Strict compliance with State and Local safety codes will be enforced.
6-0. EXAMINATION OF JOB SITE AND MEASUREMENT VERIFICATION
The BIDDER shall make a detailed physical inspection of the project site before
submitting the proposal. It is understood that the BIDDER has thoroughly examined
the specifications, sites and conditions under which work will be performed before
submitting a proposal and has satisfied himself regarding existing conditions and
existing access conditions which may affect bid prices for the proposed work.
Measurement Verification: Contractor shall verify all field measurements and
determine quantities prior to ordering materials. Contractor shall procure all
material and confirm all parts are onsite prior to beginning installation.
7-0. INSPECTION
Section 4-1.3 on page II -B-9 of these Specifications is supplemented by the following
additional requirements:
I. 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.
III -A-4
Agreement No. 5843
8-0. WORK AREA SAFETY
All work shall conform to all applicable State, local, regional and Federal codes,
ordinances, and regulations as prescribed by the City.
1. The Contractor shall conform to the rules and regulations pertaining to safety
established by the California Division of Occupational Safety and Health of the
Industrial Relations Department (CAL -OSHA).
2. The CONTRACTOR shall place and maintain signs, cones, barricades, security
fences, and other safety devices as needed for the safety of and the general
public, City personnel, and the Contractor.
9-0. TRAFFIC CONTROL. PUBLIC SAFETY AND CONVENIENCE
Traffic control, construction signing and traffic maintenance shall comply with the
provisions of Sub -section 7-10 of the SSPWC "Greenbook" Standard
Specifications and the current requirements set forth in the California Manual on
Uniform Traffic Control Devices published by the Department of Transportation,
State of California, the CONTRACTOR'S Traffic Control Plans and these Special
Provisions.
2. PUBLIC CONVENIENCE
At the pre -construction meeting, the CONTRACTOR shall submit a construction
schedule to the City for approval. Based on the construction schedule, the
CONTRACTOR will notify residents and businesses of the proposed work (as
discussed in Section 1.0. 17 above) and post temporary "NO PARKING" signs at
no cost to the City. Signs shall be posted at all intersections a maximum of 200 feet
between signs. Signs may be attached to existing poles or street light standards.
When necessary, the CONTRACTOR shall furnish the posts. Signs shall be
posted at least seventy-two (72) hours prior to any construction in the area. Signs
shall show specific dates and time of parking restrictions. (See Appendix for City
of El Segundo Standard Drawing No. ST -18 "Typical Temporary No Parking
Sign".)
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 the
particular site.
On streets where parking is being temporarily prohibited on one side due to
construction and where the other side of the street has permanent "NO PARKING
ANYTIME" signs, the CONTRACTOR shall contact the City Police Department
and Public Works Department Street Division and obtain approval to bag these
"NO PARKING ANYTIME" signs until construction has been completed for the
III -A-5
Agreement No. 5843
subject block.
ONCE A SECTION OF STREET HAS BEEN POSTED, FAILURE OF THE
CONTRACTOR TO MEET AND COMPLETE THE APPROVED DAILY
SCHEDULE DUE TO CONDITIONS UNDER THE CONTRACTORS
CONTROL, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE
AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE,
IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR
FAILURE TO MEET AND COMPLETE THE SCHEDULE AFTER
POSTING, THE CONTRACTOR SHALL PAY TO THE CITY, OR HAVE
WITHELD FROM MONIES DUE, THE SUM OF $200 AS LIQUIDATED
DAMAGES FOR EACH DAY OF ADDITIONAL POSTING REQUIRED TO
COMPLETE THE PROPOSED WORK. REPOSTING AND
NOTIFICATION WILL BE REQUIRED FOR EACH MISSED DAY. SAID
POSTING AND NOTIFICATION WILL BE AT THE CONTRACTOR'S
EXPENSE.
The CONTRACTOR shall be responsible for adequate barricading of the work
area and controlling of traffic in the vicinity of the project as specified in Sub-
section 7-10 of the General Provisions. Should the CONTRACTOR appear to be
neglectful or negligent in furnishing warning and protective devices, the City
Engineer may direct attention to the existence of a hazard and the necessary
warning and protective measures shall be furnished and installed immediately by
the CONTRACTOR at his/her expense.
Should the City point out the inadequacy of warning and protective measures, such
action on the part of the City Engineer shall not relieve the CONTRACTOR from
responsibility for public safety or abrogate his/her obligation to furnish and pay for
these devices. If said devices will be placed or caused to be placed by the City
Engineer, the cost of placing such devices shall be the sole responsibility of the
CONTRACTOR and shall be paid for the rate of $50/hour for labor and vehicle
use, $20/day per barricade and any other costs incurred by the City relative to
traffic control. Said costs shall be deducted from the total contract price for the
work.
3. CONSTRUCTION SIGNING
Construction signing shall consist of furnishing, installing, maintaining and
removing construction signs and barricades as required by the California Manual
on Uniform Traffic Control Devices. The traffic control system shall be installed
on a road prior to starting work for that road and shall not be removed until all
work has been completed on that road.
4. TRAFFIC MAINTENANCE
The CONTRACTOR shall be responsible for handling vehicular and pedestrian
traffic in accordance with Sub -section 7-10 of the SSPWC "Greenbook" Standard
Specifications of these Special Provisions.
III -A-6
Agreement No. 5843
The CONTRACTOR shall prepare all necessary traffic control plans prior to
commencement of any work and submit to the City for approval at the pre -
construction meeting.
The CONTRACTOR shall cooperate with the Engineer relative to handling traffic
through all work areas
When two-way traffic is restricted to one (1) lane, traffic shall be controlled as
required by California Manual on Uniform Traffic Control Devices. A pilot car and
driver will be required at various locations if control by flaggers proves deficient in
the opinion of the Engineer.
In no case shall the CONT'RACTOII twovide less than one (1) lane of travel
throu li the construction None on all of the subiect streets.
CONTRACTOR'S equipment and personal vehicles of the CONTRACTOR'S
employees shall not be parked on the traveled way at any time. Parking of
construction equipment shall be confined to the approved storage site.
The CONTRACTOR shall conduct all operations so as to provide reasonable
access to the adjoining properties and have no greater length or quantity of work
under construction that can be properly prosecuted with a minimum of
inconvenience to the public.
For each establishment, i.e. parking lots, business establishments and apartment
buildings, the CONTRACTOR shall provide vehicular access to at least one (1)
driveway.
10-0. COOPERATION WITH CONCURRENT CONSTRUCTION AND
OPERATIONS:
The Contractor shall cooperate with other contractors and the City's personnel
performing work in the vicinity, shall conduct its operations in a manner to prevent
unnecessary delay or hindrance to their work, and shall coordinate its work with theirs to
permit proper and timely completion of all projects in the area.
11-0. COORDINATION WITH AFFECTED BUSINESSES AND RESIDENTS
The Contractor shall respond to any complaints received from a property owner
(business or resident) and contact the complainant within one (1) working day. The
complaint shall be resolved within two (2) working days from the date on which it was
received.
The Contractor shall adjust its schedule in order to allow affected Businesses to operate
as regularly scheduled.
III -A-7
Agreement No. 5843
124 USE OF PRIVATE PROPERTY AND 1?ROTECTIOi°1 OF EXISTING
IMPROVEMENTS
The use of any private property or utilities on private property by the Contractor is
prohibited.
Existing public and/or private improvements, adjacent property, utility and other
facilities, trees, fences, sprinkler systems, plants, City benchmarks and centerline
ties that are not to be removed, shall be protected from injury or damage as
provided for in Sub -section of Part 1 of SSPWC "Greenbook" Standard
Specifications.
2. Any damage to the facilities, public, or private property that takes place as a result
of the contractor's work shall be repair or replaced to the City's satisfaction by the
contractor at no cost to the City.
13-0. STORAGE OF MATERIALS AND EOUIPMEN.I"
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 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.
14-0. TIE -OUT & RE-ESTABLISH SURVEY MONUMENTS AND BENCHMARKS
In accordance with Section 8771 of the Business and Professional Code, the
Contractor will be required to hire a licensed land surveyor to tie out monumentation
affected by the project prior to commencement of construction and require the land
surveyor to file corner records with the City Engineer; and re-establish any such
monuments or benchmarks damaged or destroyed during construction and file corner
records with the City of El Segundo Public Works Department after replacement.
2. The City shall determine which monuments found and listed in the Contractor's
Surveyor's letter are to be tied out and re-established.
III -A-8
Agreement No. 5843
15-0. DISPOSAL OF REMOVALS
There are no authorized dump facilities within the City of El Segundo. All removed
material shall become the property of the Contractor and shall be legally
disposed of by Contractor at the end of each work day away from the site of
work.
16-0. WASHING OF CONCRETE TRANSIT MIXERS
Concrete transit mixers shall not be washed out on alleys, streets, or parking lots.
Also, refer to Section 7-8.6 Water Pollution Control (II -B-28 and 29) for additional
requirements.
17-0. BUILDING SAFETY ANIS' PUBLIC WORKS FNCROACIIMENT PERMFI"S
The Contractor will be required to apply and obtain applicable "no -fee" permits
from the Public Works and the Building Safety Departments. The Contractor's
work shall adhere to the City standards and applicable codes including the
California Building Code, Plumbing Code, Electrical Code, and Mechanical Code.
The Contractor shall call the Inspector at least 24 hours in advance for inspections.
All noted deficiencies on permits shall be corrected by contractor. The project will
not be accepted as complete until contractor obtains a final sign -off for all permits.
17-0. STORM DRAIN PROTECTION
Best Management Practices (BMP's) shall be followed at all times during the
project to protect the storm drain system.
18-0. ACCESS TO DRIVEWAYS
Access to driveways shall be maintained at all times for residents and businesses
during non -working hours of 4:00 p.m. through 7:00 a.m. weekdays and 24 -hours a
day on weekends and holidays.
19-0. TREE ROOTS
At locations where tree roots are encountered, the contractor shall cut out the tree
roots to the full cross section of the new work a minimum of two (2) feet below
finished grade under the supervision of the Recreation and Parks Department. Cost
of this work shall be included in the other items of work.
20-0. CURB DRAIN OUTLETS
The CONTRACTOR shall reconstruct all curb drainage outlets that fall within the
limits of his/her work. Cost of this work shall be included in the other items of
work.
III -A-9
Agreement No. 5843
21-0. OTHER METER BOXES: PULL BOXES
The CONTRACTOR shall make adjustments to all other meter boxes and electrical
pull boxes (within the work limits) to match new grade. Cost of this work shall be
included in the other items of work.
22-0. COMPLETION
Upon completion of work at each site, 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.
23-0. WARRANTY
The Contractor and/or manufacturer shall warrant all work performed under this
Contract for a minimum of two (2) 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-10
Agreement No. 5843
SECTION IV — MEASUREMENT AND PAYMENT
1-0. BASE BID ITEMS
1-1. Mobili atioii (Base Bid Item No. 1)
Measurement for payment of this item shall be billed on a percentage completed basis
and shall include full compensation for all labor, equipment, tools, materials, and
incidentals needed for all work as described in the Special Provisions Section of these
Specifications.
1-2. Traffic Control. Public Safetv. and Convenience
(Base Bid Item leo. 2)
Measurement for payment of this item shall be billed on a lump sum basis at the unit
price for the item. The unit price shall cover all work as described in the Special
Provisions Section of these Specifications, including preparation of Traffic Control
Plans, signed and sealed by a Professional Traffic Engineer in the State of California.
1-3. Relocate acid Protect Fiber Ootic, Patch Panel in Fiber Optic 'fault #72
(Base Bid Item No. 3)
Measurement for payment of this item shall be billed on a units -completed basis at the
unit price for the item. The work shall include the removal and disposal of the existing
vault lids and adjacent pavement and base; saw cut, removal, and disposal of portions
of the existing vault walls; cut and disposal of interfering portions of existing metal
wall brackets; furnishing and installing new vault lid; and replacement of asphalt
concrete on aggregate base around the new vault lid as indicated in the bid and shall
cover all work as described in the Special Provisions Section of these Specifications
and the Plans.
1-4. remove Existing Fiber Optic 'Vault Lid and Adiacent PavitiR and Install New Vault
Lid and Patch Asphalt Concrete on Aagreate Base Complete
(Base Bid Item leo. 4)
Measurement for payment of this item shall be billed on a units -completed basis at the
unit price for the item. The work shall include the removal and disposal of the existing
vault lids and adjacent pavement and base; saw cut, removal, and disposal of portions
of the existing vault walls; cut and disposal of interfering portions of existing metal
wall brackets; furnishing and installing new vault lid; and replacement of asphalt
concrete on aggregate base around the new vault lid and shall cover all work as
described in the Special Provisions Section of these Specifications and the Plans.
1-5. Miscellaneous Immovenaents as determined lav the Engineer as necessary
('Base Bid Item No. 5)
Placeholder only. Miscellaneous improvements as determined by the Engineer as
necessary. Actual payment to be agreed upon by both the Engineer and the Contractor
at time of construction.
IV -A-1
Agreement No. 5843
2-0. PROGRESS PAYMENTS AND RETENTION
Lump sum items shall be billed on a percentage completed basis. Unit -based items
shall be billed on a units -completed basis. The City reserves the right to request a
schedule of values to be submitted by the contractor for any or all bid items in order to
determine payment for work completed.
Five percent (5%) shall be deducted from each progress payment and retained by City
until punch lists are complete, the Notice of Completion has been recorded by the
County, and all permits are signed off by the appropriate City representative. The
remainder less the amount of all previous payments will be paid to the Contractor.
Payment of all, or any part, of an estimate in writing may be withheld on account of
any of the following: Defective work not remedied; Third -party claims against
Contractor or City arising from the acts or omissions of Contractor or
subcontractors; Stop Notices; Failure of Contractor to make timely payments due to
subcontractors for material or labor; Damage to the City or others for which
Contractor is responsible; Failure of Contractor to submit schedules or their updates
as required by the Contract Documents; Liquidated damages assessed; Any other
failure of Contractor to perform its obligations under the Contract Documents.
IV -A-2
Agreement No. 5843
SECTION V - TECHNICAL SPECIFICA,rIONS
SECTION 33 05 63
CONCRETE VAULTS & VAULT LIDS
PART 1 - GENERAL
1.1 Summary
A. The work to be done under this Contract includes the furnishing of project
management, labor, materials, tools and equipment for the construction of the
Fiber Optic Vault Lid Replacement Project for the City of El Segundo, all in
accordance with the Contract Documents and Plans.
1.2 Project Identification
A. The project name is "Fiber Optic Vault Lid Replacement Project".
B. The project is at various locations within the City of El Segundo, CA 90245:
1. City Hall — Pool Vehicle Parking Lot
2. Main Street, south of Holly Avenue
3. Grand Avenue, east of Arena Street (in front of the Teen Center)
4. Illinois Street, in front of the City Yard
5. Sierra Street, north of El Segundo Blvd
6. Intersection of El Segundo Blvd and Illinois Street
7. Lomita Street, south of Holly Avenue
C. Refer to Section III, Special Provisions, of the Contract for requirements
related to work schedule, mobilization, standards, and other general
requirements.
1.3 Submittals
A. Product Data — Submit manufacturer's product data and installation
instructions on each vault type.
B. Shop Drawings — Provide shop drawings for all items and construction
details not shown on product data.
C. As -built record drawing
D. Warranty as specified.
1.4 Quality Assurance
A. All work and materials shall be in full accordance with applicable
requirements of public authorities having jurisdiction and utilities furnishing
services. Nothing in the plans or specifications shall be construed as
V -A-1
Agreement No. 5843
permitting work that is not in conformance with any and all applicable
codes or regulations. Codes governing this work include but are not limited
to the latest approved edition of the following:
B. SSPWC "Greenbook", 2018 version
C. The Contractor shall furnish all materials and labor required for compliance
with codes and regulations, even though not specifically mentioned or
shown.
D. Should any changes be necessary in the Drawings or Specifications to make
the work comply with these requirements, the Contractor shall notify the
Engineer for review and direction before proceeding with the work.
E. Permits and Certificates
F. Manufacturer's Certificate
1.5 Plans & Standard Plans
A. The following plans and standard plans are provided for use by the Contractor:
PW 19-08 — Fiber Optic Vault Lid Replacement Drawings, (3 sheets)
PART 2 — MATERIALS
2.1 Fiber Optic Vault Lids
A. New Fiber Optic Vault Lids shall be designed in accordance with AASHTO
H-20-44 loading and shall consist of a concrete rectangular riser (vault neck)
and a concrete top slab with a cast iron manhole cover.
B. The Contractor shall verify all dimensions before fabricating the new vault
lids.
C. New Fiber Optic Vault Lids shall be Jensen Precast Part No. 200013600, or
approved equal.
2.2 Aggregate Base
A. Aggregate base shall be Crushed Aggregate Base per subsection 202-2.2 of the
SSPWC "Greenbook" Standard Specifications.
2.3 Asphalt Concrete Pavement
A. Asphalt concrete base course shall be Class C2 -PG 64-10 and asphalt concrete
surface course (minimum 1 1/2" thick) shall be Class D2 -PG 64-10 per
subsection 203-6 of the SSPWC "Greenbook" Standard Specifications.
2.4 Cement Mortar for Leveling
V -A-2
Agreement No. 5843
A. Cement mortar used for leveling new vault risers (vault necks) shall be Class D
Cement Mortar per subsection 201-5 of the SSPWC "Greenbook" Standard
Specifications.
PART 3 — CONSTRUCTION METHODS
3.1 Removal of Existing Fiber Optic Vault Lids, Portion of Vault Walls, and Asphalt
Concrete Pavement and Base
A. The Contractor shall completely remove and dispose of the existing metal vault
lids and concrete frames complete.
B. The Contractor shall sawcut, remove, and dispose of approximately the top 13
inches of the existing concrete vault walls to facilitate the installation of the
new vault lids.
C. The Contractor shall sawcut, remove, and dispose of the existing asphalt
concrete pavement along the edges of the removed vault walls to a horizontal
distance of at least 24 inches from the outer edges of the new vault risers (vault
necks).
D. The Contractor shall cut and remove conflicting portions of the existing metal
wall brackets inside the existing vaults to allow the installation of the new vault
risers (vault necks).
E. The Contractor shall coordinate with the appropriate City departments for the
relocation and protection of existing fiber optic patch panels in existing vaults
to ensure no interruption in fiber optic communications. The Contractor shall
employ, or hire a subcontractor, that is qualified and licensed to work on fiber
optic systems.
3.2 Installation of New Fiber Optic Vault Lids
A. The Contractor shall install the vault lids per the manufacture's
recommendations.
B. Cement mortar shall be used to level the top of the existing walls at the
removal line to adjust the new vault lid riser (vault neck) to grade. Cement
mortar thickness shall be a minimum of 1 inch thick and shall not exceed 3
inches in thickness.
C. The top of new vault lids shall be set approximately flush with existing
adjacent grades with a maximum slope of 2 percent draining away from the top
of the new concrete vault lid riser (vault neck) to the existing pavement or
concrete.
3.3 Asphalt Concrete on Aggregate Base Patch around New Fiber Optic Vault Lids
V -A-3
Agreement No. 5843
A. After the new vault lids are installed and adjusted to final grade, the Contractor
shall sawcut and remove a 2 -foot wide strip of the existing asphalt concrete
pavement on all side of the new vault lids.
B. The Contractor shall excavate and/or fill the strip around the new vault hatches
to a depth of 14 inches below final grade.
C. The existing subgrade, or base material, shall be moisture conditioned and
compacted to 95 percent relative compaction.
D. The Contractor shall place and compact 8 inches of aggregate base compacted
to 95 percent relative compaction and then 6 inches of asphalt concrete
pavement around the new vault hatches in 2 lifts per subsection 302-5 of the
SSPWC "Greenbook" Standard Specifications. New asphalt concrete pavement
shall be flush with adjacent pavement, the top of the new vault lid riser (vault
neck), and any other existing concrete improvements.
3.4 Bracing and Shoring
A. Bracing and shoring shall be as set forth in Sub -section 7-10.4.1 of Part 1 and
Sub -section 306-1.1.6 of Part 3 of the SSPWC "Greenbook" Standard
Specifications.
3.5 Disposal of Surplus Materials
A. Surplus excavated and unsuitable materials, removed vault hatches, concrete,
asphalt concrete, etc., shall become the property of the Contractor and shall be
immediately disposed of off the project site.
3.6 Inspection
A. The City may obtain the services of an inspector on this project to verify the
work performed by the Contractor meets these specifications and any
applicable codes.
B. Do not proceed with the work of this Section until unsatisfactory conditions
have been corrected.
V -A-4
VJ
ujz
LU
�U
Ly
q
J 00
0
W
UJ oCui
o�
LIJ� �U
Yip <rn
UC)>0
U�
Ua
" " O
�w
t
Agreement No. 5843
W o
LL u
w
m
z u
LLJ
In
OYIiIVIII�1 1 UWAS
" k
zVr�.r x!t�I,w,E1
1 �a w
r I r I
is X
t i.l o p I
�1 11 iI.L!�111i1�4+'I1
f t E
r III l �� 11 Il.11l, lI ( i� u Mrca ,w
I
II,IIC I1 I(1 Irl�I9Ig— II ul IIID. i,, l � m
eth �+ III 1, + ILIur w z
Nf u 1 f
1111 I�,io ''1IIIf� i'i
�
'111111 �. I g I iY I��
r13 g'wa f
�I Il fllTl�°�m'7''�j r—� li Cii411C1 f1ll!�II x
I ��II IIIIIIIliulll„Ij I '� � (11111 III ����11 w w
I,p.,1 _ I 11111111 Illulllll `k, u,lll I�VI I I __., � �� ie z� r'
IIIfC,1�16 IT
IIN1.. ” 111�aI I C I lhll �:
1,uuII11 III 1 C I
ill I rr i I I �
L.
' 11111p1hf Iii��l�l
111 11111 .III"11.�:II. 11..14
ri I� 1
1 C
r �
r ; ! fa i
,rs r �
p4 egg
r d
w
If HIS Iaa 11, 1 11 P r
t t r D r, I H
t{ a
y 5 b rJul I'aq it P M W �" `� 1' a
' any W 'Boost;'r w,zN
r, � &Yl"r
1HIHI
is q En gal 1 Cl f
say f w �'m, ' H t' f�,
wC h 3U, N a Gi oilu fay;Mk
MUM! pit 1 f
Up it 1p F"
t ) I xh I r' � YF '95 a�nr
rrl rl r 1sarmr 114�rq
"31
1 1,., N V r ,y U1 ", �," s r, WIN k �,e f.l ni t',i '�5I����,
� as
Agreement No. 5843
Agreement No. 5843
i
lIM
IN
"2
Agreement No. 5843
i