CONTRACT 5903 Public Works Contract CLOSEDAgreement No. 5903
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
MEGGITT TRAINING SYSTEMS, INC.
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
This CONTRACT is entered into this 4th day of March, 2020, by and between the CITY
OF EL SEGUNDO, a general law city and municipal corporation ("the City") and MEGGITT
TRAINING SYSTEMS, INC., a Delaware 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
Two Hundred Fortv Five Thousand Dollars ($245,000) for the Work in the manner set forth
in the Contract Documents.
TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within twenty (20) working days
(the "Contract Time.")
Agreement No. 5903
B. The Contract Time will commence when the City issues nNotice to Proceed.
The Contract Documents will supersede any conflicting provisions included oo
the notice to proceed issued pursuant to this Contract.
C. The Conti -actor may not perform any Work und|�
The Contractor furnishes proof ofinsurance 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 theConti-act
Tlnoc is rrunnuyb|c for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
THIRD PARTY CLAIMS. lnaccordance with Public Contracts Code § 92Ol,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 inaccordance with the ^Noticc"section of the Contract
[)oounncoto. Ammore opec|finu||ydetailed iothe Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
0` TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
PERMITS AND LICENSES. Unless otherwise provided, the Cootrnotor, at its mo|«
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
0. 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 donumnumtm and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
The Contractor agrees to indcnmnify, defend, and hold the City
harmless usset forth inthe Contract Documents. The rnquirernon{yustothe types and limits
of insurance coverage to be maintained by the Contractor as required by the Cnn1nuc1
Documents, and any approval of such insurance by the City, are not intended to and will not
inany manner limit orqualify the liabilities and obligations otherwise assumed by the
Agreement No. 5903
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 Works
350 Main Street
E1 Segundo, CA 90245
Attention: Arianne Bola
abola@elsegundo.org
(310) 524-2364
The Contractor
Meggitt Training Systems, Inc.
296 Brogdon Road
Suwanee, GA 30024
Attention: Elton Steele
Elton.steele@meggitt.com
(800)813-9046
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. 5903
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.
Agreement No. 5903
IN WITNESS WHEREOF the parties hereto have executed this Contract the day and
year first hereinabove written.
C11-Yi0l' EL SEGUZND MEGGITT TRAINING SYSTEMS, INC.
S
colt Mitnick Name: Amy Krebsbach
City Manager Title: Commercial Manager
ATTE T:
J"
Trac4yvl;:eaverr,
City Clerk
Taxpayer ID No. 58-2272995
..............
Contractor City Business
License No.: 42031
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
David H. King,
Assistant City Attorney
Insurance Reviewed by:
Agreement No. 5903
FAITHFUL PERFORMANCE BOND
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Bond No. SUR0054619
Bond Fee: $3,675.00
Meggitt Training Systems, Inc.
("PRINCIPAL")
and Argonaut Insurance Company . a corporation
incorporated under the laws of the State of Illinois and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of
Two Hundred Forty Five Thousand and 00/100 "«""'"""'"»""""'.. * "***"** ... --- —.....>......($245,000.00) 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 19-26, 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 19-26, a copy of which is on file with CITY's Engineering
Division ("Public Project"). Such performance will be in accordance with CITY's plans and
profiles (CITY DRAWING NO. PW 19-26) 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
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Agreement No. 5903
completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-26 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]
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SIGNED AND SEALED this 16th day of March
PRI C I AL's PRI"SIDENT
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
296 Brogdon Rd.
Agreement No. 5903
. 20 20
.'
SOUR A`rY� PQE*X)DW Attorney -In -Fact
Julie Karnes
SIR rY's SEX :I rtl( Witness
L,cri°i Wri'III
SURETY'S MAILING ADDRESS:
PO Box 469011
Suwanee GA 30024 San Antonio TX 78246
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 (l) year after acceptance of the job.
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Agreement No. 5903
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LIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
f 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 Tennessee }
County of Knox }
of n E. Wheeler Nota Public
March 16, 2020 Cary Notary On before me,
(more unaan name am mitr or the ohic'•r)
personally appeared Julie Karnes
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State oft 1)i fornia that
N�lt It1J
the foregoing paragraph is true and correct. W '
WITNESS my hand and official seal. aTOF E
TENNESSEE
PUBLIC NOTARY '�UatlC
............. Ldph
Notary PuqO Signature (Notary Public Seal)
my Commission Expires: November 12, 2025
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form compfies with currens Culornio Siatates regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments
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.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
- •is -- • Date of notarization must be the date that the signer(s) personally appeared which
(Title or dc ptb n of attached document continued) 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
;Number of Pages Document Date 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 or
notarization
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
ire/she/tlw�-- is /ere) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • 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
�Tltl@) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk
❑ Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document
Other 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).
2015 Ve sir.n •irre•ro Nut.uyr'lassas corn 8C0 -8M-980'5 • Securely attach this document to the signed document with a staple.
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Agreement No. 5903
Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS; That the Argonaut Insurance Company, a Corporation duly organized and cxislin;, under the laws of the Stale of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
� 1M1'1 ary i .Nor M, Wi,llianiw, �iantlra Ki q A A c a ° Cha'4VLrgi� , Minute I. Rmcc,kebecca 1
" ara,la"rt qr Whew:,lr;r, l.car,cha .la,aaca 1w+1' V+°trYraaarr„ Kinq, "w+actiwa Na,birabw r Nt aa„Irc1 ri. r tarlic,"'ICrrnaa„s„
arhhs putla McElhancv. Mar, A„Smilh, Audru;°a Allivan. „Ics,wiv,a Frcdcrlck, Thclm a M 1.q1; le(t' ihe� ute-I Ia,.lpYteral+°
Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is na mcd alab,)^c. to,make, execute, seal and deliver for and on
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and oll v,t undertakings in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
S75.000.000.00
This Power ofAttorney is granted and is signed and sealed under and by the authority of the foil bavfgg Rc;sw lution adopted by the Board of Directors ofArgonaut
Insurance Company:
"RI.SOLVED,1f1tat the ]'resident, Senior Vice Presidcnl. Vice Pro -idem, Assistant Vice;Presidcot. Secretary. ireasurcr and c.ac1'l of tireni 'herebyy is awhorized to
mculc potacr°s of atlonley, auld satc'h nulhor"sly can be executcd by arena of Ihcsimile sinawrc, which may be aatl'esled or acknow1cdged by any officer or attorney, of
tilt': Gunn air), c'lalagiNnig Oac ammiq or aatiorneys namcd in the given powerofaltoigley, to execute in behalf, of, and acknowledge as the act and dc"ed of the
Algonaw Insunnwc 6)mpaary, all Ismid:, undealukinyts and ct,,nttact a of suretyship. aku iia iafl'ir the corporate se;a1 thern:to
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its old ciq{ Seal tb be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017.
„"w"""•"" Argonaut Insurance Company
•",,n�asrrn�,e;"«. .�
SEAL �=
,,. QMµ
by.
* Joshua C. Betz " Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS SS
On this 8th day of May, 2017 A , htT;linrc ttuo, a Notary Public of the Stale of Texas, in and ibT tile County of I laaris„ duly cornmissioncd and aln,aCificd, came THE
ABOVE OFFICER OF THE CONIA� NY. ur,ire personally known to be the individual and ral7'icer dcscrabcd in, and who executed fYlc preceding instrument,, and he
acknowledged the execution ofsatn`; and being by me duly sworn, deposed and said that he is fhc officer ' of the Said Company aforesaid, and that the seal' affixed to
the preceding instrument is the C6fporale Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said
instrument by the anchor"ity find direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding
instrument is now in force.
IN TESTIMON,rY Wl-,ILREOT, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written
y (Notary Public)
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 16th day of March 2020
SEAL. = `.
Y ,sae x James Bluzard , Vice
� `'•��'4p:.��'"� � ' ce P President -Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARCO POWER OF ATTORNEY ARE IN BLUE. IFYOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
STATE OF CALIFORNIA
DE:PAR'I iMENT OF INSURANCE N4
SAN FRANCISCO
.amended
Certificate of Authority
THIS LS T(} C ERTIFY THAT Assistant tit the lttstu:uu e Castries Ns,' .State rel C'ttltfra tuft
Argonaut Insurance Companv
of 11 i lnoi s . u+geute:ed rt, 'ter etre
lilt, v nj Illinois suhje, t ort its At sir ie's rel truexyr+t+zrtir+rr r+e
,,thy + ti+eetJasurr'trtcr! urgtuti:.tutrrrtrtl the trent*nR. is ttetrlot authors: ed to t+rmsrec t u iihin the State. sutry, , t tit
all priors, 4ontcit itOC-eerifiretir.(lie r:dlont+ivilavNernjhtturattre: Fire, Marine,
Surety, Disability, Plate Glass, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Credit,
Sprinkler, Team and Vehicit, _automobile, Aircraft, and 1iscellaneou5
est such e [titter rue: non• oe Indv hrrra ter he,lrfnu'rt in [he lei Tell 'wn•r Lenrs ill the 5trtle til (`rrli(unen
Tim ChRTiFIC ATE to erprrrsly rnrtdierrnred session the holifrr• lured/ tont and heecetfre -being ill
Jit 1t r•rnenl,liton, r ,rids sill, rill(/ wet in a iakfu i ess'rutr• after applicuhfe, line s wsd lin, fill +etelIirrIitell r I urtidr'
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Agreement No. 5903
LABOR AND MATERIALS BOND
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Meggitt Training Svstems. Inc.
("PRINCIPAL") and Argonaut Insurance Company
corporation
Agreement No. 5903
Bond No. SUR0054619
Bond Fee: Included in Performance Bond Premium
as principal
...... ............. _...... . a
incorporated under the laws of the State ofiflinom 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
Two Hundred Forty Five Thousand and 00/100 """""""""'...... " ................. ----($245,000-00) DOLLARS.
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to Contractors,
Subcontractors, and persons renting equipment; payment by PRINCIPAL and all
PRINCIPAL'S Subcontractors for all materials, provisions, provender, or other supplies, and
equipment used in, upon, for or about the performance of the work contemplated in EL
SEGUNDO POLICE DEPARTMENT FIRING RANGE REMODEL PROJECT,
SPECIFICATIONS NO. PW 19-26 ("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 19-26, 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 19-26), 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.
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Agreement No. 5903
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the EI Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-26, or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the Contract documents or of
the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will re in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNED AND SEALED this 16th day of March
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
Agreement No. 5903
, 20 20
U ETY s M. )COAM Attorney -In -Fact
J t Ka tics
1r
S'l y" `�EWitness
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SURETY'S MAILING ADDRESS:
296 Brogdon Rd. PO Box 469011
Suwanee GA 30024 San Antonio TX 78246
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.
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Agreement No. 5903
M A
11 *1 11 L
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 Tennessee
County of Knox
On March 16, 2020 before me,
Carolyn E. Wheeler Notary Public
tnera inaen norma aria aria aw rr,n raanaaut
personally appeared Julie Karnes
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Stat�kofrOelif91nia that
the foregoing paragraph is true and correct. e°
O
�'� .
�'„
$OF,
WITNESS my hand and official seal,
�t
TENNESSEE
NOTARY
atnetrc
Notary Publ° ignature
(Notary Public Seal)
g Pity Commis Expires: November 12, 2023
ADDITIONAL OPTIONAL. INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT
ifneeded, should be completed and altached to the document Acknowledgments
from other states may be completed for documents being serif to that slate so long
as the wording does not require the California notary to violate California notary
law.
(TPoe or description of attached document)
a State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
Tltle or descrl tion eI attached document continue
( p d)
• 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
NtJmt7er Dt Pages Document Date
commission followed by a comma and then your title (notary public).
a Print the name(s) of document signer(s) who personally appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e
❑ Individual (s)
Ire/she/they;-is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer
• 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
(Title)
sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s)
• Signature of the notary public must match the signature on file with the office of
❑ Attomey-in-Fact
the county clerk.
} Additional information is not required but could help to ensure this
❑ Trustee(s)
acknowledgment is not misused or attached to a different document
Other
a 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).
', I „ p,l„ ,,
• Securely attach this document to the signed document with a staple.
Agreement No. 5903
Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and cxwsiin ; undcr the laws of the State of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
C"rarawlvaa I vk lacw lee, l..orelln lel Jones, lwlary h° Vol"Aar—lov M Williams', Smidra, F taar .Vicky N<wlwin " ,ll,aa tact A lw"Ila-
ri,q),I Jtmha "'l aatttc,s, llrannic tl. 10ce.l'ta tau ca aw J.
G Nrwlabs. Snaa¢Vtr P4�9r;1r.ltlaarae,we, td ah y+rni'lla. Andra:aa hlllsanra..1z;ssac,ti I'ta;tlerva:k. "I°laa:^hraa 1w1, Lelt �l„,�„ l�.rne-I leuatlterl'Iv
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is nraa e4'aWida m to make, execute, seal and dchvcr fur and ort
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and othell und'Prtak'tl,ags iaa surctyship providcd, howevcr, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
�7 �,11(1¢I.telll').R1lY
This Power of Attorney is granted and is signed and sealed under and by the authority of the htlloavlins ReAltol,tation adopted by the Board of Directors of Argonaut
Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice^President, Secretary, Treasurer and each of them hereby is authorized to
execule powers of;Itlonicy, and such aaarlholit), Can be executed by use of liacsamlle sig nanrre,,awhich may 'he altesled Orr acknowledged by any officer or attorney, of
the Company, quatlal"vmgl die attorney or antorrrcys rraslacrl in the given power oaf atiOnley, to execute to behalf of, and acknowledge as the act and deed of the
Atgouaut hasorance 1"orlapany, all K snd ondcrnakin,gs and comruacts oil' ',araclvsl , aap, «aodl 6 affix the cotportrte scaal lheroo."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official,seal O'be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017.
""""'^ ",, Argonaut Insurance Company
0
NSEAL.
aa: ts4e' b
�.,rrr >. y.
*' Joshua C Betz, Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS SS:
fln this Sth day of Mdayr, 21117 A.Ii , hcliar aawq�„, ar'C 3arolatry Ptabho of the State aa1” Texas, in and fa+r the County of Harris. duly corslriiissioned aaad alaaalilied, came "FHE
A110Vl' OFT•°ICT..R OF TI IF. CM"C'yMPANX to We personally known to he die individual and officer described in, and who executed the preceding„ instraunent. and he
aukrlowwlcdgc d tlta e xccutioaa oat' oral ",.And being by me duly sworn, deposed and said that lie is the officer of the said C:.'ompuny af'nresaid, amt ¢hard the so al all'ixcd to
the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said
instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding
instrument is now in IQrce.
IN TEs,riMONY WHERLOP. I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written
(Notary Public)
1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 16th day of March 2020
arl'tea
James Bluzard Vice President -Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OFATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
Agreement No. 5903
STATE, t_H CALIFORNIA
DEPARTiMENT of INSURANCE N4
SAN FRANCISCO
Amended
Certificate of Authority
Tliis IS TO CERTIFY THAT. Mit trarar tr, till, Ins+rntm a Codr of the Stare q Calihrrrri.$
Argonaut insurance Companv
rrj tlitrio is ,m,yrnuydwaferthe
I'm c'it 111inoIs oftijrirtoilyAptieJr,nl•hirrwporationur
ortrrr Jiuxjaur,ertot r)+Sanirutirvkrjdo, nnrenn. is hen•hs rn+rhm red a, tnrns„rr trirhin fire, Srutr alba, t to
ulJj,rnrrciunsnfthirCetrifienre,the ftfimmVefi sec u)insnramce: Fire, Maritle,
Surety, Di;ahility, Plate Glass, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Credit,
Sprinkler, team and Vehiclf, Automobile, Aircraft, and Aiscellaneous
as ,uu•h r lucre+ nr alar al, nnn• In•rrrrfrarr be JeJinrrl in rhe Lrnr+,rn, t' Luirc of Ihr Stnlr ry (`ulJlornm
Tiiis CGJZ'fIFICATE is etlrrevvIi c,m(finuurd urmr the hohkw bell„ f nun Sul hr rufre•r hrin� ire,
Jirll r rmrpliwu re, trlrh nR, mrd aur in t hdrrnnn Stuns of rhe oppljrable lull's nnrllun Jill) equiremew , prude
rardrr rtwhor io, of rlu• lem s (if III,, Srr w nJ C•ulirn•rria it 1, -it ry such t m , or rrrinivenn•,u c erre ur ;•lfe, r
um! elpplir nhlr and u, s'urh lrna and reyujn'mrrrts +It'll are, tor mot hrrealrer be t h,nra;, d nr'1114-rbMd
IN WITNESS W11CRF IF.eljertiteavafthr• Sieg
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w/ 11, tturrdrtnd+o+t real em offirt,il wolhrttruai,rrj+h;,
13th Ic+so, D^,:oflI -: _ i,irn•
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iv i i��iNl'i �1 11
John ,.amtnnndi
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iv i i��iNl'i �1 11
Agreement No. 5903
PROPOSAL
FOR THE
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Date December 6 320 119
Company Name: Meggitt Training Systems, 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.
Agreement No. 5903
qO �U I, r,MPl jM, ,.�PP OW]"UNITY COMELLANLE
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 'TIO CF,,RTJFI�"A' O
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.
NONCQLLUSION FFIBAVU
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. 5903
BID SCHEDULE
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Company Name: Meggitt Training Systems, Inc.
Base Bid Items — Acoustic Panels
Unit Price Item Total
Item Description Estimated (in figures) (in figures)
No. Unit Quantity Dollars/Cents Dollars/Cents
Remove and dispose $ 48,174.44 $ 48,174.44
I
existing acoustic material
SF
3,542
and prep surfaces
2
Install safety ceiling (l"
SF
190
Troy Board and 1.5" Troy)
$91,573.73
$91,573.73
3
Install side walls (2" Troy
SF
1,480
......................_........................................—...
Board and 1.5" Troy)
Included in item 2
...... .-.._.__WWW_._....
Included in item 2
...... ................................................................................................
Install absorptive ceiling (1"
L......_
4
Troy Board and 6" Troy)
SF
1,710
Included in item 2
Included in item 2
5
Install rear walls (2" Troy
SF
162
Board and 1.5" Troy)
Included in item 2
Included in item 2
6
Install Z channel (for use on
LF
1,911
side walls)
Included in item 2
Included in item 2
7
Install J channel (for use on
LF
190
i
side walls) .-...�
............................ _.
............ .
Included in item 2
Included in item 2
8
Install edge metal (for use on
LF
60
side walls)
............ -
Included in item 2
Included in item 2
9
Install 2 -inch fasteners
EA
1,400
Included in item 2
Included in item 2
10
Install 3 -inch fasteners
EA
1,010
Included in item 2
Included in item 2
11
Install washers
EA
1,400
Included in item 2
Included in item 2
I -C -3a
Agreement No. 5903
Base Bid Items — Targeting System
Unit Price Item Total
Item Description Estimated (in figures) (in figures)
No. Unit Quantity Dollars/Cents Dollars/Cents
Remove and dispose
12 existing targeting system LS 1 $ 12,506.67 $ 12,506.67
Install stationary 360 degree
13 turning target with hit EA 9
sensing (4 with adjustable $ 68,789.53
$ 68,789.53
track)
Install master control $ 10,738.50 $ 10,738.50
14 computer with one (1) tablet EA 1
controller
Install communications $ 6,286.40 $ 6,286.40
15 system master unit (10 EA 1
channel with base station
and wireless headset mic)
16 Install paging horn speaker EA 4
(wall) $ 1,184.71 $ 1,184.71 „
17 CA Sales Tax Lot 1 $ 5,746.02 $ 5,746.02
TOTAL BASE BID FOR ITEMS I-16 IN FIGURES, plus taxes:
= $ 245,000.00
TOTAL BASE BID FORITEMS 1-16 WRITTEN IN WORDS: Two Hundred and Forty -Five
Thousand US Dollars and Zero Cents.
I -C -3a
Agreement No. 5903
BIDDER'S INFORMATION
Company Name: Meggitt Training Systems, 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) Delaware
Business Meggitt Training Systems, Inc.
Address 296 Brogdon Road
Suwanee, GA 30024
Telephone No. 800-813-9046
Facsimile No. 678-288-1515
State Contractor's License No. and Class Not Applicable
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:
Jeffrey Murphy, President - 678-288-1090
Andrew Dornan, VP of Finance - 678-288-1090
............. .................
Andrea Czop, Vice President, Strategy, Sales and Markeing - 678-288-1090
..........
_.......
Bobby Rivers, Director of Proposals - 678-288-1090
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:
Caswell; MDS -Caswell Incorporated; FATS Incorporated
I -C-4
Agreement No. 5903
BIDDER'S INFORMATION (CONTINUED)
Company Name: Meggitt Training Systems, Inc.
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name: Elton Steele
Title: NW Sales Representative
I -C-5
Agreement No. 5903
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all a forenamed principals this
BIDDER
Meggitt Training Systems, Inc.
go, C. 5 /V " 9"
6 day of December 20 19
Subscribed and sworn to this Lo day of--Dmeky�-Iff
N T PUBLIC
'*%%j1111011101
_
o " cc
.. "o " C)
PROPOSAL GUARANTEE
BID BOND
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
KNOW ALL MEN BY THESE PRESENTS that,
Meggit Training Systems, Inc
Argonaut Insurance Company
Agreement No. 5903
, as BIDDER, and
, as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of Ten Percent of the attached proposal amount DOLLARS
($ 10% of the proposal ),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
3rd day of December 12019
BIDDER* Meggit Training Systems, Inc
296 Brogdon Road Suwanee, A. 30024 Phone: 678-288-1121
SURETY* Argonaut Insuranc ompany
PO Box 469011 San Antonio, TX 78246 Phone: 865-769-7700
Rebecca J. Hobbs, Attorney -in -Fact
Subscribed and sworn to this day ofr+- 20�r�txttti�r�tr�w.r
NOTARY PUBLIC
*Provide BIDDER/SURETY name, title, address and tele, rr ii e' &r )Ian'ie, title,
address and telephone number for authorized representativj Cts%"
cr: 0
ZAN
v..00A
I-C-7 ��rIf
o
Agreement No. 5903
....... ............................
e . L911111 VIR IFICI vin
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 TN
County of Knox
On 12/03/2019 before me„ Bonnie Gwynn Dice, Nolary Pubiic
(Here Insert name and otle or the omceq
personally appeared Rebecca J Hobbs ,
who proved to me on the basis of satisfactory evidence to be the persons) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/shelthey executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and corre, +"� "tie, ,
w YAIN
�r
WITNESS my hand and o ial seal.
Z STATE
OF
TENNESSEE
petl�
NUBLIC In
No ark Public 5lgnatur�
(Notary Fttb)ic ue,�l)"' w`
My Commission Expires: 4/4/2020
cos �i UCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION/Thiform�complies with current California statures regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT
ifneeded, should be completed and attached to the document. Acknowledgments
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
1MV.
(flu_e or description of attachedm m
document)
• State and County information must be the Slate and County where the document
signer(s) personally appeared before the notary public for acknowledgment,
...........................
• pate of notarization must be the date that the signer(s) personally appeared which
(Tule or descripllon of attached document continued)
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
Number of Pages Document Date
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.
CAPACITY CLAIMED BY THE SIGNER
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
ke/she*wy, is /ere) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s)
information may lead to rejection of document recording.
❑ Corporate Officer
• 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
(Title)
sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partners
(s)
• Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact
v Additional information is not required but could help to ensure this
❑ Trustee(s)
acknowledgment is not misused or attached to a different document
Other
Indicate title or type of attached document, number of pages and date.
❑
sti Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the tide (i.e. CEO, CFO, Secretary).
20 15 Version www NotaryClasses Coln 800-873-9865
• Securely attach this document to the signed document with a staple.
Agreement No. 5903
Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing mI!dcr to laws of the State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Ilro'° IIIYr
Rebecca J Hobbs
Plr ;
ullj�lpl t
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is namedap'h uv0'l,Bt�r r"tuk , ixecute, seal and deliver for
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and aatlll "r toq,, crda 'oigs in suretyship provided,
however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
a w
$75.000.000.00
This Power of Attorney is granted and is signed and scaled under and by the authority of the f4rHoNvo' by the Board of Directors of
Argonaut Insurance Company: 1
1111
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice Prr:i0.'%" 1+VI Secret ry, Treasurer and each of them hereby is
authorized to execute powers of attorney, and such authority can be executed by use of la'' sipulc silgilaiure, which may be attested or acknowledged by any
officer or attorney, of the Company, qualifying the attorney or attorneys named in the gin" 'tt vyP ,,,„r of attorney, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all bond undertakings andq nrttp"acdsuly ;;orcty.ship, and to affix the corporate seal thereto.”
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its a,florti;L r, Npti' tlMr be hereunto affixed and these presents to be signed by its duly
Y ry
authorized officer on the 8th day of May, 2017.
�� 'Va Argonaut Insurance Company
f ih1`atl�IluJirWtl;,��u," M^'y".7EAi.i
Y �!li"Ilil� ,upy.'iplw di9,r �. °,.,Mkc VrtC,,U,.•'° "r.
* SO by:
Joshua C. Betz, Senior Vice President
10
STATE OF TEXAS )" Ik y''dr„i111 a”
COUNTY OF HARRIS SS. all
Ilial �,q! ip III
On this 8th day of May, 2017 A.D., br r'q#c. nue« s I6Naarrsy Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified,
came THE ABOVE OFFICER (Ip "m)dy)�tiIINY, to me personally known to be the individual and officer described in, and who executed the
preceding instrument, and he ackhl'w ` till the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said
a
Company aforesaid, and gNw>p� lac serB(,'ctl to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer avcwr�u�It0.Nyet4's"ural subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution
adopted by the Ilaa.aa'tN m'sAll yreu'9ssaid Company, referred to in the preceding instrument is now in force.
„„ Nq "uvvdc
IN TESTIMONY W R liol'', I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
a^'''dvp'dl@iii N i,°Il�li
....._._. (Notary.Public)
.
1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 3rd day of December 2019
Y�,9a9
James .....
catuo+"^' ex Hluzard Vice President -Surety
1F YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMF,NT CALL (210) 321 - 8400.
1.
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3.
Agreement No. 5903
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
BIDDER'S Contractor's License Number is:
Not Applicable Class No.:
The expiration date of BIDDER'S Contractor License is:
,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 December 6 201 V
Suwanee, GA
Signature
Bobby Rivers
Typed Name
Director of Proposals
Title
Meggitt Training Systems, Inc.
-------- ...........
Company Name
(insert City and State where Declaration signed).
I -C-8
Agreement No. 5903
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
) ss.
County of )
Bobby Rivers , being first duly sworn, deposes and say that he or she is
Director of Proposals of Meggitt Training Systems, Inc.
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid
is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other BIDDER, or to secure any advantage against the public body
awarding the Contract of anyone interested in the proposed Contract; that all statements
contained in the bid are true; and further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Signature
Bobby Rivers
Typed Name
Director of Proposals
Title
I -C-9
Meggitt Training Systems, Inc.
Name of Bidder/Company Name
December 6, 2019
Date
Agreement No. 5903
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 Proposals
Business Name, Meggitt Training Systems, Inc.
Business Address: 296 Brogdon Road
Suwanee, GA 30024
Telephone Number:6( 78 ) 288-1090
Dated this 6 day ol` December 20 19
I -C-10
Agreement No. 5903
BIDDER'S CERTIFICATION OF SUBCONTRACTORS
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: 19-26
Company Name: Meggitt Training Systems, Inc.
As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies
that it has listed below all subcontractors who will perform work in excess of one-half of one
percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and
will perform that portion of the work itself.
Subcontractor's Description of
Contractor License Portion of
Name of No. & DIR Work Estimated
Subcontractor Address Registration No. Subcontracted $ Amount
Advanced (Number and Street) (CSLB #) Remove and dispose $66,725.55
Chemical Transport 967 Mabury Road 897636 exixting acoustic
(City, Zip Code) (DIR#) material and target
San Jose, CA 95133 1000025406 system.
(Make copies of this page if additional space is needed)
December 6, 2019
Sigr tore of Bidder Date
Agreement No. 5903
REFERENCES
Company Name: Meggitt Training Systems, 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: Village of Bartlett - New Police Facility
Location: 228 South Main Street, Bartlett, IL 60103
Same as above
Name and address of owner
FQC Construction Management, Fred Marano, Executive VP/Estimating, 630-628-8500
Name and current telephone number of person familiar with project
Type of Work: Bullet Trap, Ballistic Containment, AAF, AA2 Targets, Communications
165,235.00 Date completed: 2018
Contract amount: $....................... __..........................._
Amount of work done by my/our firm under Contract $ 165,235.00
_
.11,111, ,_.
Did your firm have any financial interest in Project? NO
2. Project Title: St. John the Baptist Parish Sheriff Office
Location: 1801 W. Airline Hwy, LaPlace, LA
Same as above
Name and address of owner
Lt. Charles Wale, 985-359-8611
Name and current telephone number of person familiar with project
Type of Work: Range Retrofit, 2 Bays (10 lane and 8lane), Bullet Traps, 10 AA2 Targets, XWT Running Man, Ballistic Protection, Troy, Combat Wall, Shooting Stalls
Contract amount: $1)318,762.00
...... p... ed in 2020
1 318 762.00 Date completed: c...be completed
Amount of work done by my/our firm under Contract $ 1,318762.00
Did your firm have any financial interest in Project? No
I -C-12
Agreement No. 5903
3, Project Title: Hall County Sherrill s Office
Location: 2859 Browns Bridge Road, Gainesville, GA
Same as above
Name and address of owner
Captain Sean McCusker, 770-531-6887
Name and current telephone number of person familiar with project
Type of Work: Sixty (60) AA2 Ground Targets
Contract amount: $ 2307400.00 Date completed: 2018
Amount of work done by my/our firm under Contract $ 230,400.00
m ............. ..
Did your firm have any financial interest in Project? NO
4. Project Title: Kissimmee Police Dept Firearms Training Facility
Location: Clay Street, Kissimmee FL
Same as above
Name and address of owner
HJ High Construction, Mr. Kenneth Marcum, 407-422-8171, Ext. 121
Name and current telephone number of person familiar with project:
Type of Work: Bullet Trap, Ballistic Containment, Twenty (20) AA2 Targets, Running Man Target, Ceiling Tile
Contract amount: $ 973,465.00 Date completed: 2019
Amount of work done by my/our firm under Contract $00
973 465..........
Did your firm have any financial interest in Project? No
I -C-13
Agreement No. 5903
5. Project Title: City of Wilmington, Haynes/Lacewell Police & Fire Training Facility
Location: Wilmington, NC
City of Wilmington, North Carolina, 102 North Third Street, Wilmington, NC 28402
Name and address of owner
Donny Williams, Deputy Chief of Police, Wilmington PD, 910-470-0639
Name and current telephone number of person familiar with project:
Type of Work: 100 Yard Rifle Range, Bullet Trap, Ballistic Protection, Twelve (12) AA2 Targets, Running Man
Contract amount: $ 882,776.00 Date completed: December 2019
Amount of work done by my/our firm under Contract $ 882,776. 00
Did your firm have any financial interest in Project? No
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
Marsh/National Surety Center
Marsh USA Inc.
1111 Northshore Drive, Suite N-550, Knoxville, TN 37919
..........
Tel: +1 865-769-7746; Fax: +1 865-769-7824
_......__._........................................................................................................................
I -C-14
Agreement No. 5903
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Company Name: Meggitt Training Systems, Inc.
Please state all instances of being disqualified, removed, or otherwise prevented from
bidding on, or completing, a federal, state, or local government project due to a violation of a
law or safety regulation.
1. Have you ever been disqualified from any government Contract?
Yes ❑ No LJ
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 M No ❑
Bidder's Gtu�ICL
Bobby Rivers, Director of Proposals
................... ..........................
Name (Please Print)
I -C-15
Agreement No. 5903
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Company Name: Meggitt Training Systems, 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:
Tvoe of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG
00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per
occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability
policies must be endorsed to name the City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on
ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 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
render the bidder's proposal "nonresponsive."
December 2, 2019
Date
I -C-16
.4�14 X�L-
Bidder's r ature
Agreement No. 5903
END PROPOSAL SECTION
I -C-17
Agreement No. 5903
k S'�y..�
December 2, 2019
ADDENDUM NO. 1
to
THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS
for
EL SEGUNDO POLICE DEPARTMENT FIRING RANGE REMODEL
PROJECT NO. PW 19-26
ATTENTION BIDDERS:
The following additions, modifications, and clarifications to the specifications shall be included
in, and become a part of, any contract which may be executed for the above project in the City of
E1 Segundo:
a. The bid due date and time has changed to Tuesday, December 10, 2019, at
11:00 am.
As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in
the space provided below and submit this Addendum with the Bid Proposal. Failure to provide
such acknowledgeniernt shall render the bid as non-responsive and subject to rejection.
Signature:........... Date: December 6, 2019
Print Company Name: Meggitt Training Systems, Inc.
Agreement No. 5903
CONTRACT DOCUMENTS
PLANS & SPECIFICATIONS
FOR
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
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, NOVEMBER 19, 2019 AT 10:00 AM
IN CITY COUNCIL CHAMBERS
BIDS DUE TUESDAY, DECEMBER 3, 2019 AT 11:00 AM
Agreement No. 5903
BIDS WILL BE RECEIVED
UP TO THE HOUR
OF 11:00 A.M.
TUESDAY, DECEMBER 3, 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. 5903
SPECIAL INSTRUCTIONS TO CONTRACTORS
Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS,
pages II -B-22 thru II -B-25 "LIABILITY INSURANCE".
ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED
COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING
A BID PACKAGE.
The Contractor will be required to apply and obtain an Encroachment Permit from the City Public
Works Department as well as any applicable Building/Safety Permit from the City Building
Planning and Building Safety Department. The permits will be issued on a "no -fee" basis.
The Contractor shall be responsible for calling the Building Safety Division for inspections. All
noted deficiencies shall be corrected by the Contractor. The project will not be accepted as
complete until the Contractor obtains a final sign -off from the Department of Planning and
Building Safety.
3
Agreement No. 5903
TABLE OF CONTENTS
SECTION I — LEGAL
A. NOTICE INVITING SEALED BIDS
B. BIDDING INSTRUCTIONS
1. DEFINITIONS
2. BIDDER'S REPRESENTATIONS
3. BIDDING DOCUMENTS
4. INTERPRETATION OR CORRECTION OF BIDDING
DOCUMENTS
5. PRODUCT SUBSTITUTIONS
6. SUBCONTRACTORS
7. ADDENDA
8. PRE-BID CONFERENCE
9. FORM AND STYLE OF BIDS
10. BID SECURITY
11. MODIFICATION OR WITHDRAWAL OF BID
12. OPENING OF BIDS
13. REJECTION OF BIDS
14. AWARD
C. PROPOSAL
1. PROPOSAL, FIRST PAGE
2. BID SCHEDULES
a. BASE BID ITEMS
3. BIDDER'S INFORMATION
4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT
5. PROPOSAL GUARANTEE BID BOND
6. CONTRACTOR'S LICENSE DECLARATION
7. NON -COLLUSION AFFIDAVIT
8. WORKER'S COMPENSATION CERTIFICATION
9. DESIGNATION OF SUBCONTRACTORS
10. REFERENCES
11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS
11. INSURANCE REQUIREMENTS
D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT
E. FAITHFUL PERFORMANCE BOND
PAGE
I -A-] TO A-3
I -B-1 TO B-8
I -B-1
I -B-1
I -B-2
I -B-2
I -B-3
I -B-3
I -B-3
I -B-3
I -B-4
I -B-5
I -B-6
I -B-6
I -B-6
I -B-6 to 8
I -C-1 TO C-17
I -C-1
I -C -3a
1-C-4
I -C-6
I -C-7
I -C-8
I -C-9
I -C-10
I -C-1 l
I -C-12
I -C-15
I -C-16
I -D-1 TO D-5
I -E -I TO E-3
F. MATERIAL AND LABOR BOND I -F-1 TO F-3
Agreement No. 5903
SECTION II — GENERAL REQUIREMENTS PAGE
A. GENERAL SPECIFICATIONS II -A-1 TO A-2
I. REGISTRATION OF CONTRACTORS
I1 -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
1-2
AND HEALTH ADMINISTRATION
II -A-1
6. SOUND CONTROL
II -A-1
7. AIR POLLUTION CONTROL
II -A-2
8. WORKER UNIFORMS
II -A-2
B. GENERAL PROVISIONS II -B -I TO B-32
0-0
STANDARD SPECIFICATIONS
II -B -I
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 -I
1-3
ABBREVIATIONS
II -B-2
2-0
SCOPE AND CONTROL OF WORK
II -B-2
2-1.1 ACCESS TO PROJECT SITE
II -B-2
2-1.2 OWNERSHIP AND USE OF CONTRACT
II -B-2
DOCUMENTS
2-3
SUBCONTRACTS
II -B-3
2-3.1 GENERAL
II -B-3
2-3.2 ADDITIONAL RESPONSIBILITY
II -B-4
2-4
CONTRACT BONDS
II -B-4
2-5
PLANS AND SPECIFICATIONS
II -B-4
2-5.1 GENERAL
II -B-4
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
II -B-5
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
II -B-5
2-8
RIGHT-OF-WAY
II -B-5
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
II -B-5
2-9
SURVEYING
II -B-6
2-9.3 SURVEY SERVICE
II -B-6
2-9.3.1 CONSTRUCTION SURVEYING
II -B-6
2-9.3.2 MEASUREMENT AND PAYMENT
II -B-6
3-3.2.2 BASIS FOR ESTABLISHING COSTS
II -B-6
3-3.2.3 MARK UP
II -B-6
Ila
Agreement No. 5903
SECTION II — GENERAL REQUIREMENTS (Continued) PAGE
3-3.3 DAILY REPORTS BY CONTRACTOR
II -B-7
3-4
CHANGED CONDITIONS
II -B-7
3-5
DISPUTED WORK
II -B-8
4-1.3 INSPECTION REQUIREMENTS
II -13-8
4-1.3.1 GENERAL
II -B-8
4-1.6 TRADE NAMES OR EQUALS
II -B-9
5-2
PROTECTION
II -13-10
5-2.1 INCORRECT LOCATION OF UTILITIES
II -B-10
5-4
RELOCATION
II -B-10
5-4.1 RESPONSIBILITY OF UTILITY REMOVAL
II -B-10
OR RELOCATION
5-5
DELAYS
1I -B-10
5-5.1 CALCULATING IDLE TIME
II -B-10
6-1
CONSTRUCTION SCHEDULE AND
II -B-10
COMMENCEMENT OF WORK
6-1.1 CONTRACT SCHEDULE
II -B -I 1
6-1.2 CONTENT OF CONTRACT SCHEDULE
II -13-11
6-1.3 EFFECT OF CONTRACT SCHEDULE
II -13-1 1
6-1.4 COMMENCEMENT OF CONTRACT TIME
II -B-12
6-4
DEFAULT BY CONTRACTOR
11-13-12
6-4.1 GENERAL
II -B-12
6-4.2 TERMINATION OF CONTRACTOR'S
II -13-13
CONTROL OVER THE WORK
6-4.3 SURETY'S ASSUMPTION OF CONTROL
II -B-13
6-6
DELAYS AND EXTENSIONS OF TIME
II -B-14
6-6.1 GENERAL
II -13-14
6-6.2 EXTENSION OF TIME
II -B-14
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
II -B-14
6-6.4 WRITTEN NOTICE AND REPORT
II -B-14
6-7.2 WORK DAYS AND WORKING HOURS
II -13-15
6-7.4 NIGHT WORK
II -B-15
6-7.5 WEEKEND AND HOLIDAY WORK
II -B-16
6-8
COMPLETION AND ACCEPTANCE
11-13-16
6-8.1 GENERAL GUARANTY
II -B-16
6-9
LIQUIDATED DAMAGES
11-B-16
6-9.1 FAILURE TO COMPLETE WORK ON TIME
II -B-16
6-11
DISPUTES AND CLAIMS; PROCEDURE
II -B-17
6-11.1 GENERAL
II -B-17
6-11.2 FORM
11-B-17
Agreement No. 5903
SECTION II — GENERAL REQUIREMENTS (Continued)
6-11.3 CLAIMS SUBMITTED TO ENGINEER
6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY
6-11.5 DECISION ON CLAIMS
6-11.6 APPEAL OF ENGINEER'S DECISION
6-11.7 MEDIATION
6-11.8 ARBITRATION
6-11.9 WHEN ARBITRATION DECISION BECOMES
BINDING
6-11.10 APPEAL TO SUPERIOR COURT; WAIVER
OF JURY TRIAL
6-11.10 AB 626 CLAIMS; PROCESS
7-2 LABOR
7-2.3 PREVAILING WAGES
7-2.4 RECORD OF WAGES PAID; INSPECTION
7-3 LIABILITY INSURANCE
7-3.1 GENERAL
7-3.2 INDEMNIFICATION AND DEFENSE
7-5 PERMITS
7-8.1 CLEAN UP AND DUST CONTROL
7-8.1.1 GENERAL
7-8.1.2 WATERING
7-8.6 WATER POLLUTION CONTROL
7-9 PROTECTION AND RESTORATION OF
EXISTING IMPROVEMENTS
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 TRAFFIC AND ACCESS
7-10.2 STREET CLOSURES, DETOURS, BARRICADES
7-10.5 PROTECTION OF THE PUBLIC
7-15 HAZARDOUS MATERIAL
9-2 LUMP SUM WORK
9-3.2 PARTIAL AND FINAL PAYMENTS
9.3.3 DELIVERED MATERIALS
100-1 TERMINATION OF AGENCY LIABILITY
PAGE
II -B-20
I1 -B-21
II -B-21
II -B-21
II -B-22
II -B-22
II -B-22
II -B-25
II -B-26
II -B-26
II -B-26
II -B-26
II -B-26
II -B-27
II -B-28
II -B-28
II -B-28
II -B-29
II -B-29
1I -B-30
II -B-30
II -B-32
II -B-32
SECTION III - SPECIAL PROVISIONS
1-0 GENERAL SCOPE, TIME FOR COMPLETION
AND LOCATION OF WORK
2-0. NOTIFICATIONS
3-0. MOBILIZATION
4-0. WORK SCHEDULE
5-0. STANDARDS
6-0. EXAMINATION OF JOB SITE
7-0. INSPECTION
8-0. USE OF PRIVATE PROPERTY
9-0. STORAGE OF MATERIALS AND EQUIPMENT
10-0. DISPOSAL OF REMOVALS
11-0. QUALITY ASSURANCE
12-0. COMPLETION
13-0. WARRANTY
SECTION IV - MEASUREMENT AND PAYMENT
1-0. BASE BID ITEMS
2-0. PROGRESS PAYMENT
SECTION V - TECHNICAL SPECIFICATIONS
APPENDICES
APPENDIX A: PROJECT PLANS
v
Agreement No. 5903
PAGE
III -A -I
III -A -I
III -A-2
III -A-4
III -A-4
III -A-4
III -A-4
III -A-5
III -A-5
III -A-5
III -A-5
III -A-6
III -A-6
PAGE
IV -A -I
IV -A -I
Agreement No. 5903
NOTICE INVITING SEALED BIDS
FOR THE
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
IN THE CITY OF EL SEGUNDO
PROJECT NO.: PW 19-26
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 3, 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 improvements to the El Segundo's Police Department's gun
range and related work as shown on the plans on file with the City's Public Works Department.
The project location is at 348 Main Street. Construction shall include but not be limited to
the installation of acoustic panels and gun range targeting system.
Work on the Project must be performed in strict conformity with Specifications No. PW 19-26
as adopted by the El Segundo City Council on November 5, 2019, which is filed with the Public
Works Department.
Copies of the Plans, Specifications, Contract Documents and Engineer's estimate are available
from the Engineering Division of the Public Works Department, City of El Segundo, 350 Main
Street, El Segundo, California, 90245. Plans and Specifications are alternately available
electronically via http://www.elsegundo.org/depts/works/project_request_contact_form.asp.
A pre-bid meeting is scheduled for Tuesday, November 19, 2019 at 10:00 AM, at the City
Hall Council Chambers at 350 Main Street, El Segundo, CA 90245. Bidders' attendance at
this meeting is mandatory.
Questions regarding the bid shall be submitted by 6:00 pin on Wednesday, November 20, 20] 9
to http://www.elsegundo.org/depts/works/project_request_contact_form.asp.
The terms and conditions for bidding on the Project are described in the attached Bidding
Instructions.
This project requires payment of State prevailing rates of wages for Los Angeles County. The
Contractor must post copies of the prevailing schedule at each job site. Copies of these rates
of wages are available from the State of California Department of Industrial Relations
Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is
currently located at www.dir.ca.gov.
The Contractor to whom the Contract is awarded must assist in locating, qualifying, hiring
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Agreement No. 5903
and increasing the skills of minority group employees and applicants for employment, as set
forth in Executive Order 11246 and 1 1375.
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 E1 Segundo hereby affirmatively ensures that minority business enterprises will be
afforded full opportunity to submit bids in response to this notice and will not be discriminated
against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration
leading to the award of Contract.
Note that the Project is subject to compliance monitoring and enforcement by the California
Department of Industrial Relations. Pursuant to California law, the City must find bids failing to
comply with all applicable Labor Code requirements including, without limitation, Labor Code
§§ 1725.5 and 1771.4, to be non-responsive.
Five percent (5%) will be deducted from each progress payment and retained by the City. The
remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to
Public Contracts Code ("PCC") § 22300, the Contractor may substitute securities for retention
monies held by the City or request that the City place such monies into an escrow account. The
Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own
expense and will include costs incurred by the City to accommodate the Contractor's request.
In entering into a Public Works Contract, or a Subcontract, to supply goods, services, or
materials pursuant to a Public Works Contract, the Contractor, or Subcontractor, offers and
agrees to assign to the awarding body all rights, title and interest in, and to, all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the
Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the Public Works Contract or the Subcontract. This assignment shall be made and
become effective at the time the awarding body tenders final payment to the Contractor,
without further acknowledgment by the parties.
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to
Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed
envelope plainly marked on the outside:
"SEALED BIDS FOR PROJECT NO.: PW 19-26
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
IN THE CITY OF EL SEGUNDO
DO NOT OPEN WITH REGULAR MAIL"
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Agreement No. 5903
The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an
amount no less than ten percent (10%) of the amount bid for the base Contract.
No bid will be accepted from a Contractor who has not been licensed in accordance with the
provisions of the State Business and Professions Code. For these projects, those acceptable
classes of license shall be "A", "B", or "C-2". The successful Contractor and his
Subcontractors will be required to possess the correct license for their project
classifications, and valid City Business Licenses from the City of El Segundo.
The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and
to take all bids under advisement for a period of ninety (90) calendar days.
Any Contract entered into pursuant to this notice shall become effective or enforceable
against the City of El Segundo only when the formal written Contract has been duly
executed by the appropriate officer(s) of the City of El Segundo.
DATED this 7t" day of November, 2019.
CITY OF EL SEGUNDO, CALIFORNIA
.................... ._...
Tracy Weave
r, City
Clerk
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Agreement No. 5903
BIDDING INSTRUCTIONS
DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special
Conditions, or other Contract Documents are applicable to all Bidding Documents.
1.1 "Addenda" means written or graphic instruments issued by the City before the Bid
Deadline that modify or interpret the Bidding Documents by additions, deletions,
clarifications, or corrections.
1.2 "Alternate" means a proposed change in the Work, as described in the Bidding
Documents which, if accepted, may result in a change to either the Contract Sum or
the Contract Time, or both.
1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as the last
date and time for receipt of Bids, as may be revised by Addenda.
1.4 "Bidder" means a person or firm that submits a Bid.
1.5 "Bidding Documents" means the construction documents prepared and issued for
bidding purposes including all Addenda.
1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to
perform the Work described in the Bidding Documents, but not including unit price
items or Alternates.
1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform
the Unit Price Work for a fixed price per unit of measurement.
2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that:
2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the
Bidding Documents.
2.2 Bidder visited the Project site and is familiar with the conditions under which the
Work will be performed and the local conditions as related to the Contract
Documents.
2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding
Documents.
2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current
licenses issued by the State of California Contractor's State License Board for the
Work to be performed. If Bidder is a joint venture, the Bidder will have a joint
venture license appropriate for the performance of the work, and each member of the
joint venture will likewise have the appropriate license. Business and Professions
Code §§ 7000-7191 establish licensing requirements for Contractors. If 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 perfonnance of the Work for which Bidder holds a specialty Contractor
license, Bidder must also hold a General Engineering Contractor "A" license.
This requirement is applicable whether or not Bidder lists a Subcontractor for each
such trade.
2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to
this section must be made by production of verified certificate of licensure from the
Contractors' State License Board which establishes that the individual or entity
Agreement No. 5903
bringing the action was duly licensed in the proper classification of Contractors at
all times during the performance of any act or Contract covered by the action.
Nothing in this subdivision requires any person or entity controverting
licensure or proper licensure to produce a verified certificate. When licensure
or proper licensure is controverted, the burden of proof to establish licensure or
proper licensure is on the licensee.
2.6 Bidder has the expertise and financial capacity to perform and complete all
obligations under the Bidding Documents.
2.7 The person executing the Bid Form is duly authorized and empowered to execute the
Bid Form on Bidder's behalf.
2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code
Requirements in its performance of the Work.
2.9 The Bidder has paid the City's business license fee(s)
2.10 The Bidder, per SB 854 requirements for public projects, has registered with and
paid their annual fee to the California State Department of Industrial Relations.
Information about SB 854 and its requirements can be found at this link:
http://www.dir.ca.gov/Public-Works/SB854.htmi
3. BIDDING DOCUMENTS
3.1 Bidders may obtain complete sets of the Bidding Documents from the City's
Public Works Department for the sum stated in the Notice for Bids.
3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.
3.3 The City makes copies of the Bidding Documents available, on the above terms,
for the sole purpose of obtaining Bids for the Work and does not confer a license
or grant permission for any other use of the Bidding Documents.
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
4.1 Before submitting its Bid, Bidder will carefully study and compare the various
documents comprising the Bidding Documents and compare them with any other
work being bid concurrently or presently under construction which relates to the
Work for which the Bid is submitted; will examine the Project site, the conditions
under which the Work is to be performed, and the local conditions; and will at once
report to the City's Representative errors, inconsistencies, or ambiguities discovered.
4.2 Requests for clarification or interpretation of the Bidding Documents will be
addressed to the City's Representative.
4.2.1 The release of the bid package begins a quiet period for potential Bidders
participating in this project. The City of E1 Segundo realizes it is critical to
provide Bidders with a vehicle to ask questions so that quality responses can
be prepared. Questions must be submitted in writing to project managers via
the City website:
l ttr :/levrv�r�.clse ur do.ori/dents/w+rorTks/a�oiect re(auest contact Forrn.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
Agreement No. 5903
Segundo employees to discuss potential projects or ask questions regarding
the bid.
Questions Due by 6:00 pm, Wednesday, November 20, 2019
Questions Answered by 6:00 pm Thursday, November 21, 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
MM
Agreement No. 5903
rejected,
9. FORM AND STYLE OF BIDS
9.1 Bids will be submitted on the Bid Form included with the Bidding Documents. Bids
not submitted on the City's Bid Form will be rejected.
9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.
9.3 Bidder's failure to submit a price for any Alternate or unit price will result in the Bid
being considered as nonresponsive. If Alternates are called for and no change in the
Lump Sum Base Bid is required, enter "No Change."
9.4 Each Bidder must fill out the "Bidders Statement of Past Contract Disqualifications"
form stating any and all instances of Contract disqualifications due to a violation of
a law or safety regulation. The Bidder must explain the circumstances of
- each disqualification. The City may reject the bid based on such information.
9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.
9.6 The Bids will be based upon full completion of all the Work as shown on the plans
and specifications. It is expressly understood that the plans are drawn with as much
accuracy as is possible in advance, but should errors, omissions or discrepancies
exist in the plans which show conditions that vary from those encountered in
construction, the Bidder (if awarded the Contract) specifically agrees to construct a
completed work ready for the use and in the manner which is intended. In the event
of increasing or decreasing of work, the total amount of work actually done or
materials or equipment furnished must be paid for according to the unit or lump sum
price established for such work under the Contract, wherever such unit or lump
sum price has been established. In the event no prices are named in the Contract to
cover such changes or alterations, the cost of such changes must be covered as extra
work.
9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder
to a Contract. Bidder's Representative will sign and date the Declaration included
in the Bid Form. Failure to sign and date the declaration will cause the Bid to
be rejected.
9.8 Bids must be submitted in writing on the Proposal forms provided by the City of El
Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the
bidders. Bidders are required to submit one (1) original set of the proposal
forms. All information requested therein must be clearly and legibly set forth in the
manner and form indicated.
9.9 Bidders must satisfy themselves by personal examination of the work site, Plans,
Specifications, and other Contract documents, and by any other means as they
may believe necessary, as to the actual physical conditions, requirements and
difficulties under which the work must be performed. No bidder shall at any
time after submissions of a proposal make any claim or assertion that there was
any misunderstanding or lack of information regarding the nature or amount of
work necessary for the satisfactory completion of the job. Any errors,
omissions, or discrepancies found in the Plans, Specifications, or other Contract
documents shall be called to the attention of the City of El Segundo and clarified
prior to the submission of proposals.
Agreement No. 5903
10. BID SECURITY
10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump
Sum Base Bid as security for Bidder's obligation to enter into a Contract with
the City on the terms stated in the Bid Form and to furnish all items required by
the Bidding Documents. Bid Security will be a Bid Bond on the form provided
by the City or a certified check made payable to "City of El Segundo." When a
Bond is used for Bid Security, failure to use the City's Bid Bond form will
result in the rejection of the Bid.
10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish
all items required by the Bidding Documents within the time limits specified in
these Instructions to Bidders, the City will disqualify such Bidder and select
the next apparent lowest responsible Bidder until all bids have been exhausted
or the City may reject all bids. In such an event, the disqualified Bidder will be
liable for and forfeit to the City the amount of the difference, not to exceed the
amount of the Bid Security, between the amount of the disqualified Bid and the
larger amount for which the City procures the Work.
10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on
behalf of the surety, a notarized and current copy of the power of attorney will be
affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest
published State of California, Department of Insurance list of, "Insurers Admitted
to Transact Surety Insurance in This State."
10.4 The City will retain Bid Security until the occurrence of one of the following:
10.4.1 All items required by the Bidding Documents have been furnished and
the Agreement has been signed by the successful Bidder and the City.
10.4.2 The specified time has elapsed during which Bids may be withdrawn.
10.4.3 All Bids have been rejected.
10.5 The Bid Form, Bid Security, and all other documents required to be submitted
with the Bid must be enclosed in a sealed opaque envelope. The envelope
must be addressed to the City Clerk. The envelope must be identified with the
Bidder's name and address, and identify the Project for which the Bid is
submitted, as follows: "SEALED BIDS FOR PW 19-26: EL SEGUNDO
POLICE DEPARTMENT FIRING RANGE REMODEL PROJECT. DO
NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or
delivered by messenger.
10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A
Bid received after the Bid Deadline will be returned to Bidder unopened.
10.7 Bidder will assume full responsibility for timely delivery at the location designated
for receipt of Bids.
10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
10.9 All proposals must be submitted, filed, made, and executed in accordance with
State and Federal laws related to bids for Contracts of this nature whether the
same is expressly referred to herein or not. Any bidder submitting a proposal shall
by such action thereby agree to each and all of the terms, conditions,
provisions, and requirements set forth, contemplated, and referred to in the Plans,
Specifications, and other Contract documents, and to full compliance therewith.
MODIFICATION OR WITHDRAWAL OF BID.
EM
Agreement No. 5903
|\.l) Before the Bid Dood|{nc usubmhtcd Bid may bemodified or withdrawn. Notice
of such action will be given to the City in writing and signed by the Bidder's
authorized representative. /\ obungc snmade will be aoworded uynot tnreveal
the amount n[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 beinunamount sufficient for the Bid uaonodificdorresubmitted.
11.14 Bids may not be modified, vvitbdnovvo, or canceled within sixty (OO) days oDcr
the Bid Deadline unless otherwise provided in Supplementary [no.ruudVoo to
Bidders.
17./5 Proposals may not he withdrawn after said Bid Deadline without forfeiture of
the proposal guarantee.
|l.{d The withdrawal ofuproposal will not prejudice tbcrigbtof1hcbiddc,to submit
new proposal, providing 1bcrc i*time to do mo,
11.17 No mention shall be made in the proposal of S4|oe Tax, Use Tau, City
Business License, or any other tax, as all amounts bid will he deemed and held to
include any such taxes, which may be applicable.
1/.18 No mention shall be made in the proposal ofthe cost of bonds as all amounts bid will
bedecmnedand held toinclude any such costs, which may be applicable.
|2.OPENING OFBIDS. 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] The City will have the right bz rejectall Bids.
132 The City will have the right to rejectany Bid not accompanied bythe required Bid
Security orany other itrnn required by the Bidding Documents, oro Bid which is
in any other way materially incomplete or irregular.
13.2.1 Dnregucmtcd/uuouthorizedoondidona" limitations, orprovisions attached k/
w proposal will render it irregular and may cause its rejection. The
completed proposal forms shall be without ioter|incoiiono, alterations,
or ermsurcs. Alternative proposals will not beconsidered unless specifically
ccqucu1cd. No oral, telegraphic, or telephonic proposal, modification, or
withdrawal will he considered.
13.3 In the event that any bidder acting asoprime Contractor has oo interest in more
than one proposal, all such proposals will be rejected, and the bidder will be
disqualified. This restriction docs not apply to Subcontractors or suppliers
who may submit quotations to more than one bidder, and vvbilc doing nn, may
also submit o formal proposal as aprione Contractor. Noproposal will be accepted
from obidder who has not been licensed in accordance with the provisions of
the State Business and
Professions Code.
14. AWARD
14.1 The City may retain all bids for a period of ninety (90) days for examination
and comparison, and 8»delete any portion ofthe 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.
l'B'6
Agreement No. 5903
14.3 The City will have the right to accept Alternates in any order or combination,
unless otherwise specifically provided in the Bidding Documents.
14.4 The City will determine the low Bidder on the basis of the sum of the Lump
Sum Base Bid plus all unit prices multiplied by their respective estimated
quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages
multiplied by the "multiplier" as stated in the Bid Form, plus the amounts of all
accepted Alternates.
14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the
purpose of determining the low bidder and establishing the City's
maximum daily liability as a result of City delays to Contractor, if any, and
City has no obligation to pay any daily Contractor Delay Damages except as
provided for in these Contract Documents for Compensable Delays. In the
event that City becomes liable to Contractor for compensable delays,
City agrees to pay Contractor the daily Contractor Delay Damages set
forth in the Proposal Form or Contractor's actual daily delay damages,
whichever is less, for each day of Compensable Delay as provided for by
these Contract Documents.
14.5 The City will select the apparent lowest responsive and responsible Bidder and notify
such Bidder within thirty (30) days (unless number of days is modified in
Supplementary Instructions to Bidders) after the Bid Deadline or reject all
bids. Within ten (10) days after receiving the City's notice that Bidder was selected
as the apparent lowest responsible Bidder, Bidder will submit to the City all
of the following items:
14.5.1 Two originals of the Agreement signed by Bidder.
14.5.2 One original of the Payment Bond.
14.5.3 One original of the Performance Bond.
14.5.4 Certificates of Insurance on form provided by the City.
14.5.5 Names of all Subcontractors, with their addresses, telephone number,
facsimile number, trade on Bidders' company stationery. Evidence, as
required by the City, of the reliability and responsibility of the
proposed Subcontractors such as statements of experience, statements
of financial condition, and references.
14.5.6 Preliminary Contract Schedule.
14.5.7 Selection of Retention Options and Escrow Agreement for Deposit
of Securities in Lieu of Retention and Deposit of Retention. If not
submitted, the City will withhold retention.
14.5.8 Cost Breakdown.
14.6 Before award of the Contract, the City will notify Bidder in writing, if the
City objects to a Subcontractor proposed by Bidder, in which case Bidder will
propose a substitute acceptable to the City. Failure of the City to object to a
proposed Subcontractor before award will not preclude the City from requiring
replacement of any Subcontractor based upon information received subsequent
to award, information which cannot be properly evaluated before award due to
time constraints, or information relating to a failure to comply with the
requirements of the Contract.
14.7 If Bidder submits the original signed Agreements and all other items within ten (10)
days after receiving the City's notification, and all such items comply with the
requirements of the Bidding Documents, the City will award the Contract to Bidder
mil
Agreement No. 5903
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.
Agreement No. 5903
PROPOSAL
FOR THE
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
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 EI Segundo and this bid and the acceptance hereof may, at the City
of El Segundo's option, be considered null and void.
Agreement No. 5903
LJJL, L FNIPLCI'VAIIi N]" OP'P01'1"IIUNITN" C(DIPILIANC E
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.
AFFIRMATIVLAfTION (XIA TIFIC,ATION
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
affinnative action will remain in effect for the life of any Contract awarded hereunder.
Furthennore, BIDDER certifies that affirmative action will be taken to meet all equal
employment opportunity requirements of the Contract documents.
BIDDER declares that the only persons or parties interested in this proposal as principals are those
named herein; that no officer, agent, or employee of the City of El Segundo is personally
interested, directly or indirectly, in this proposal; that this proposal is made without connection to
any other individual, firm, or corporation making a bid for the same work and that this proposal is
in all respects fair and without collusion or fraud.
I -C-2
BID SCHEDULE
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Company Name:
Agreement No. 5903
Base Bid Items — Acoustic Panels
Unit Price
Item Description Estimated (in figures)
....... Quantity Dollars/Cents
N.°... Unit a_...—r_ M ...............
Remove and dispose
I existing acoustic material SF 3,542
1 -C -3a
Item Total
(in figures)
Dollars/Cents
and prep surfaces
2
Install safety ceiling (1"
SF
190
Troy Board and 1.5" Troy)
.— ................
3
Install side walls (2" Troy
SF
1,480
Boar an d 1.5" Troy)
..................................
4
Install absorptive ceiling (1"
SF
1,710
Troy Board and 6" Tro............y
. ...............................
5
Install rear walls (2" Troy
SF
162
Board and 1.5" Troy)
..
..............
6
Install Z channel (for use on
LF
1,911
side walls)
7
cannel (for use on
side
LF
190
wall ..............
...-......................
8
Install edge metal (for use on
LF
60
side walls)
9
Install 2 -inch fasteners
EA
1,400
10
Install 3 -inch fasteners
EA
1,010
11
...........
Install washers
EA
1,400
............
1 -C -3a
Item Total
(in figures)
Dollars/Cents
Agreement No. 5903
Base Bid Items — Targeting System
Unit Price ltem Total"..
Item
Description
Estimated (in figures) (in figures)
No.
Unit Quantity Dollars/Cents Dollars/Cents
�_ _._._.........
12
RX' to.........
Remove and dispose
LS 1
......... ................._ 'ng targeting system
Install stationary 360 degree
13
turning target with hit
EA 9
sensing (4 with adjustable
track)
Install master control
14
computer with one (1) tablet
EA I
controller
Install communications
15
system master unit (10
EA 1
channel with base station
and wireless headset mic)
16
Installa in horn speaker
P g g P
EA 4
(wall)
TOTAL BASE BID FOR ITEMS 1-16 IN FIGURES
_ ............
TOTAL BASE BID FORITEMS 1-16 WRITTEN IN WORDS:
I -C -3a
Agreement No. 5903
BIDDER'S INFORMATION
Company Name:
BIDDER certifies that the following information is true and correct:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
If corporation, State of Incorporation (i.e., California)
Business
Address
Telephone No.
Facsimile No.
State Contractor's License No. and Class
Original Date Issued Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and/or corporate officers having principal interest in this
proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
I -C-4
BIDDER'S INFORMATION (CONTINUED)
Company Name:
Agreement No. 5903
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name:
Title:
I -C-5
Agreement No. 5903
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all a forenamed principals this day of .-..—..20
BIDDER
Subscribed and sworn to this day of , 20
NOTARY PUBLIC
I -C-6
PROPOSAL GUARANTEE
BID BOND
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
KNOW ALL MEN BY THESE PRESENTS that,
Agreement No. 5903
, as BIDDER, and
, as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of ,DOLLARS
(S ), which is ten (10%) percent of the total amount bid by BIDDER to the
City of E1 Segundo for the above stated project, for the payment of which sum, BIDDER and
SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about
to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if
said bid is accepted and a Contract is awarded and entered into by BIDDER in the manner
and time specified, then this obligation shall be null and void, otherwise it shall remain in full
force and effect in favor of the City of El Segundo.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this
day of 20
BIDDER*
SURETY*
Subscribed and sworn to this day of , 20
NOTARY PUBLIC
*Provide BIDDER/SURETY name, title, address and telephone number and the name, title,
address and telephone number for authorized representative.
I -C-7
Agreement No. 5903
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
1. BIDDER'S Contractor's License Number is:
Class No.:
2. The expiration date of BIDDER'S Contractor License is:
20
3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions
Code provides as follows:
"A licensed Contractor shall not submit a bid to a public agency unless his or
her Contractor's license number appears clearly on the bid, the license expiration
date is stated, and the bid contains a statement that representations herein are
made under penalty of perjury. Any bid not containing this information, or
a bid containing information which is subsequently proven false, shall be
considered non-responsive and shall be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations made
by the undersigned in this bid proposal are true and correct.
Executed on , 20_, at
Signature
Typed Name
Title
Company Name
(insert City and State where Declaration signed).
1-C-8
Agreement No. 5903
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
) ss.
County of )
, being first duly sworn, deposes and say that he or she is
of
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid
is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other BIDDER, or to secure any advantage against the public body
awarding the Contract of anyone interested in the proposed Contract; that all statements
contained in the bid are true; and further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Signature
Typed Name
Title
I -C-9
Name of Bidder/Company Name
Date
Agreement No. 5903
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- l 0
Agreement No. 5903
BIDDER'S CERTIFICATION OF SUBCONTRACTORS
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: 19-26
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.
�mm �m ......_ ......... .......... �. _d ... .... ....... _.._
Subcontractor's Description of
Contractor License Portion of
Name of No. & DIR Work Estimated
Subcontractor Address Registration No. Subcontracted $ Amount
..... ._........ ................... _w. ............... _..........
(Number and Street) (CSLB #)
.......... ......_.
(City, Zip Code) (DIR#)
.- ................ __ ....
.............. ..............
Signature of Bidder Date
I -C-1 1
REFERENCES
Company Name:
Agreement No. 5903
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:
V. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
2, Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed;
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
I -C-12
3.,. Project Title:
Location:
Name and address of owner
Agreement No. 5903
Name and current telephone number of person familiar with project
Type of Work:.
Contract amount: $ Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
4. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ _ Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
I -C-13
Agreement No. 5903
5. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
.................
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
I -C-14
Agreement No. 5903
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
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.
I . Have you ever been disqualified from any government Contract?
Yes ❑ No ❑
2. If yes, explain the circumstances:
3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires
the City to reject your bid as nonresponsive]?
Yes ❑ No ❑
Bidder's Signature
Name (Please Print)
I -C-15
Agreement No. 5903
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
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:
Tvne ofinsurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,0001000
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 C:maalilorniau Worker's Compensation Coverage with the associated Waiver. Out-of-state
coverage will not be accepted in lieu of the California coverage, because the work is being performed in
the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
render the bidder's proposal "nonresponsive."
Date
I -C-16
Bidder's Signature
Agreement No. 5903
END PROPOSAL SECTION
1-C-17
Agreement No. 5903
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
[CONTRACTOR]
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
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 twenty (20) working days
Agreement No. 5903
(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
The City gives the Contractor a written, signed, and numbered purchase
order and notice to proceed.
D., By signing this Contract, the Contractor represents to the City that the Contract
Time is reasonable for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this Contract will be determined in accordance with
the Contract Documents and Public Contracts Code §§ 10240-10240.13.
THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
I -D-2
Agreement No. 5903
of insurance coverage to be maintained by the Contractor as required by the Contract
Documents, and any approval of such insurance by the City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent Contractor and will have control of all work and the manner
in which is it performed. The Contractor will be free to Contract for similar service to
be performed for other employers while under Contract with the City. The Contractor is
not an agent or employee of the City and is not entitled to participate in any
pension plan, insurance, bonus or similar benefits the City provides for its employees.
Any provision in this Contract that may appear to give the City the right to direct the
Contractor as to the details of doing the work or to exercise a measure of control over the
work means that the Contractor will follow the direction of the City as to end results of
the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the same
and to make transcript therefrom, and to inspect all program data, documents, proceedings
and activities. The Contractor will retain such financial and program service records for at
least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The City The Contractor
Orlando Rodriguez
Senior Civil Engineer
City of El Segundo
350 Main Street,
E1 Segundo, CA 90245
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the
time of actual delivery. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
1-D-3
Agreement No. 5903
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications,
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will continue
in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract and
to engage in the actions described herein. This Contract may be modified by written
amendment. The City's city manager, or designee, may execute any such amendment on the
City's behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract,
agreements ancillary to this Contract, and related documents to be entered into in connection
with this Contract will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing such
covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this Contract the day and
year first hereinabove written.
I -D-4
CITY OF EL SEGUNDO
Scott Mitnick
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
David H. King,
Assistant City Attorney
Insurance Reviewed by:
I -D-5
Agreement No. 5903
Taxpayer ID No.
Contractor State
License No.:
Contractor City Business
License No.:
FAITHFUL PERFORMANCE BOND
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Bond No.
Bond Fee:
("PRINCIPAL")
and
Agreement No. 5903
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 19-26, 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 19-26, a copy of which is on file with CITY's Engineering
Division ("Public Project"). Such performance will be in accordance with CITY's plans and
profiles (CITY DRAWING NO. PW 19-26) which are made a part of this bond when said
plans and profiles are approved by the City Council and filed with CITY's Engineering
Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
I -E-1
Agreement No. 5903
completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-26 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]
1-E-2
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL'S SECRETARY
Agreement No. 5903
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
LABOR AND MATERIALS BOND
EL SEGUNDO POLICE DEPARTMENT
FIRING RANGE REMODEL PROJECT
PROJECT NO.: PW 19-26
Bond No.
Bond Fee:
("PRINCIPAL") and
corporation
Agreement No. 5903
. as principal
,a
incorporated under the laws of the State of and licensed by the State
of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held
and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of
DOLLARS,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to Contractors,
Subcontractors, and persons renting equipment; payment by PRINCIPAL and all
PRINCIPAL'S Subcontractors for all materials, provisions, provender, or other supplies, and
equipment used in, upon, for or about the performance of the work contemplated in EL
SEGUNDO POLICE DEPARTMENT FIRING RANGE REMODEL PROJECT,
SPECIFICATIONS NO. PW 19-26 ("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 perfonnance 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 19-26, 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 19-26), 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.
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Agreement No. 5903
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 E1 Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-26, or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the Contract documents or of
the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will re in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
1-F-2
SIGNED AND SEALED this day of
PRINCIPAL'S PRESIDENT
PRINCIPAL'S SECRETARY
PRINCIPAL's MAILING ADDRESS:
Agreement No. 5903
. 20
SURETY's PRESIDENT
SURETY's SECRETARY
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.
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Agreement No. 5903
`" 'ION II-GENF.ICAI., REOJIIItE,NIF.NTS
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL SPECIFICATIONS
1. It (:il',S"I"ISA"I`ION o Il C''ON'l-RACT(.IRS
No bid will be accepted from a Contractor who has not been licensed in accordance with the
provisions of the laws of the State of California relating to licensing of Contractors, for the type of
work to be performed under this Contract.
2. INSURANCE, AND CITY BUSINESS LICENSE
Contractor and Subcontractors will obtain appropriate insurance and a City Business License
before execution of the construction Contract.
3, EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and Subcontractors, or their
representatives, will be filed with the City Engineer and the City Police Department
BEFORE PERFORMING WORK.
4. FURNISHING OF WATER
Water necessary for the prosecution of the work as herein specified will be furnished by the City in
the following manner:
The Contractor will deposit with the City Water/Wastewater Division the sum of Three Hundred
Fifty Dollars ($ 350.00) to insure against damage to a 2 '/2" Fire Hydrant water meter which will be
furnished and installed by the City at a point convenient to the site of the work. This deposit will be
refunded to the Contractor upon completion of the Project if, after removal and inspection of said
meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while
under the jurisdiction of the Contractor, all or any part of said deposit may be retained by the City.
A non-refundable Activation Fee of One Hundred Dollars ($100.00) will be charged upon
activation of the temporary meter.
5. CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
All work performed under this Contract will be done in strict compliance with the Cal -OSHA Rules
and Regulations, latest edition.
6. SOUND CONTROL
The Contractor will comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the Contract.
Each internal combustion engine, used for any purpose on the Project or related to the Project, will
be equipped with a muffler of a type recommended by the manufacturer. No internal combustion
Agreement No. 5903
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. A I R 11,01, 1, U"I. I O. N 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. WORKEIR 1.INI1.,'ORM"
All workers under the employment of the Contractor or his/her Subcontractor will wear an
orange vest or an orange shirt while working in the public right-of-way.
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Agreement No. 5903
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS
0-0 ' I'ANC:).r RD S11T,0F1(1'ATIONS
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 NI.JNl13FRI'NG I<:°I'1 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 DDITIONAI.,, 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
Agreement No. 5903
time required for approval of a governing body,
Public Works Director —The City's Public Works Director, or designee.
❑ (Check if applicable) State Standard Specifications - State of California
Standard Specifications, dated July 1992, Business and Transportation Agency,
Department of Transportation
Working Days - A working day is defined as any day, except Saturdays, Sundays,
legal holidays and days when work is suspended by the Engineer, as provided in
Subsection 6-3 and days detennined 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 SCtn':)PE:, AND
CONTROL OF WORK
The following
subsections 2-1.1 and 2-1.2 are added to the Greenbook.
2-1.1 ACCESS TO PROJECT SITE
Not later than the date designated in the City Notice to Proceed, the City will
provide access to the real property and facilities upon which the Work is to be
performed, including access to real property and facilities designated in the
Contract Documents for the Contractor's use.
2-1.2 OWN FRSIIIII AND t. ISE OF CONTRACT I. OCt.JMENTS.
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.
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Agreement No. 5903
2-3 SUBCONTRACTS
Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced
with the following subsection.
2-3.1 GENERAL
Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the
name and location of the place of business of each Subcontractor who will perform
work or labor or render service to the prime Contractor in or about the construction
of the work or improvement, or a Subcontractor licensed by the State of California
who, under Subcontract to the prime Contractor, specifically fabricates and installs
a portion of the work or improvement according to detailed drawings contained in
the plans and specifications, in an amount in excess of one-half of one percent of
the prime Contractor's total bid. Only one Subcontractor will be listed for each
portion of the work, which portion will be defined in the bid. In each instance, the
nature and extent of the work to be sublet will be described. The failure of the
Contractor to specify a Subcontractor, or the listing of more than one Subcontractor
for the same portion of the work, constitutes an agreement by the Contractor that it
is fully qualified to perform that portion itself and that it will perform that portion
itself.
The Contractor must have the City Council's written consent to substitute a
Subcontractor other than that designated in the original bid, to permit any
Subcontract to be assigned or transferred, or to allow a Subcontract to be performed
by other than the original Subcontractor.
Subcontracting of work for which no Subcontractor was designated in the original
bid, and which is more than one-half of one percent of the work, will be allowed
only in cases of public emergency or necessity, and then only after a finding
reduced to writing as a public record of the City Council setting forth the facts
constituting the emergency or necessity.
Violation of any of the above provisions will be considered a breach of the
Contract, and the City may terminate the Contractor's control over the Work,
cancel the Contract, or assess the Contractor a penalty of not more than ten percent
of the Subcontract involved.
All persons engaged in the work, including Subcontractors and their employees will
be considered as employees of the Contractor. The Contractor will be solely
responsible for and have control over construction means, methods, techniques,
sequences, procedures, and the coordination of all portions of the Work. The City
will deal directly with, and make all payments to, the prime Contractor.
When Subcontracted work is not being prosecuted in a satisfactory manner, the
Contractor will be notified to take corrective action. The Engineer may report the
facts to the City Council. If the City Council so orders, and on receipt by the
Contractor of written instructions from the Engineer, the Subcontractor will be
removed immediately from the Work. That Subcontractor will not again be
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Agreement No. 5903
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 S11I,01°IC'ATION'S
Subsection 2-5.1 of the Greenbook is replaced by the following subsection.
2-5.1 GENERAL
The Contractor will maintain the following at the Work site:
One as -built copy of the Plans and Specifications, in good order and
marked to record current changes and selections made during construction.
As -built plans must be submitted to the City representative for approval
before the City pays a final retention amount.
2. The current accepted Contract Schedule.
Shop Drawings, Product Data, and Samples.
4. Approved permits from other agencies, including Cal -OSHA permits for
trench shoring.
All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the Work. The
Contract Documents are intended to be complementary and cooperative and to describe
and provide for a complete project. Anything in the Specifications and not on the Plans, or
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Agreement No. 5903
on the Plans and not in the Specifications, will be as though shown or mentioned in both.
Payment for any items on the plans for which there is no specific bid item will be included
in the various items of work or in any item to which it is appurtenant.
If the Contractor performs any work which it knows or should know involves an error,
inconsistency, or omission without notifying and obtaining written consent from the
Engineer, the Contractor will be responsible for the resulting losses. including, without
limitation, the costs of correcting defective work.
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
The following paragraph is added to subsection 2-5.2 of the Greenbook:
As the figured dimensions shown on the plans and in the specifications of the
Contract may not in every case agree with scaled dimensions, the figured
dimensions will be followed in preference to the scaled dimensions, and plans to a
large scale will be followed in preference to the plans to a small scale. Should it
appear that the work to be done, or any of the matters relative thereto, are not
sufficiently detailed or explained in the Contract, the Contractor will apply to the
Engineer for such further explanations as may be necessary, and will conform
thereto as part of the Contract so far as may be consistent with the terms thereof.
Any items shown on drawings and not mentioned in the specifications will be of
like effect as if shown or mentioned in both.
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and
existing utilities that may affect the cost of the Work will be shown on the Plans or
indicated in the Specifications, the City does not warrant the completeness or
accuracy of such information.
The Contractor will carefully study and compare each of the Contract Documents
with the others and with information furnished by the City and will promptly report
in writing to the Engineer any errors, inconsistencies, or omissions in the Contract
Documents or inconsistencies with applicable law observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor before
commencing the Work. Errors, inconsistencies, or omissions discovered at any time
will be promptly reported in writing to the Engineer.
2-8 RIGHT-OF-WAY
The following subsection is added to Subsection 2-8 of the Greenbook.
2-8.1 ADDI'H„ QNAL. 'A/(')Rl AH F'AS 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
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Agreement No. 5903
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 MI-ASUR MI:N'I' ANI) PAYMI:°NT
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 ES'FABL,ISHING COSTS
Subsection 3-3.2.2.3, Tool and Equipment Rental is modified where the second and
third paragraphs are replaced with "Regardless of ownership, the rates to be used in
determining the equipment usage costs will not exceed those listed for the same or
similar equipment in the California State Department of Transportation publication
of Labor Surcharge and Equipment Rates effective for the period of usage."
3-3.2.3 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
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Agreement No. 5903
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 gray 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 C:1°°lAl°JGED tv`ONDlT.9..ONS
Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the
following subsection:
If the Contractor encounters concealed or unknown conditions that differ materially
from those anticipated or expected ("changed conditions"), the Contractor will
immediately notify the Engineer in writing of such changed conditions (upon
discovery and before disturbing such changed conditions), as provided in
Subsection 6-11, so that the Engineer can determine if such conditions require
design details that differ from those design details shown in the Contract
Documents. Notwithstanding the time period set forth in Subsection 6-11.3, the
Contractor is liable to the City for any extra costs incurred as a result of the
Contractor's failure to promptly give such notice.
Changed conditions include, without limitation, the following:
Subsurface or latent physical conditions differing materially from
those represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature differing
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Agreement No. 5903
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, I1, or III disposal site in accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed
conditions. The Engineer's decision, and any dispute regarding that decision, will
be made in accordance with Section 6-11 except that the Engineer will render a
decision promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO
BIDDERS is subject to the following provisions:
The information is made available for the Bidders' convenience and
is not a part of the Contract.
2. The City has not determined the accuracy or completeness of such
information and all such information is made available to Bidders
without any representation or warranty by the City whatsoever as to
its accuracy, completeness, or relevancy.
3. Bidders will independently evaluate such information for their use
and will be solely responsible for use or interpretation of such
information. Any such use or interpretation will not be the basis of
any claim against the City.
3-5 DISPUTED WORK
Subsection 3-5 is deleted in its entirety and replaced by the following subsection.
If the Contractor and the City do not reach agreement on disputed work, the City
may direct the Contractor to proceed with the work. Any payment for the disputed
work will be determined pursuant to the claims procedures in these Standard
Specifications. Although not to be construed as proceeding under extra work
provisions, the Contractor will keep and furnish records of disputed work as
required by the Contract Documents.
4-1.3 INSPI:�"CTIO'N I�EOtllltl''M'ENJ'S
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
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Agreement No. 5903
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 J'RADF'NAMES OR I.I()f�1..5
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 bef��:gre 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.
a Technical specifications.
• Test data.
Samples.
Comparison chart of key specifications of the "equal" item against similar
specifications of the specified item.
■ Work locations and reference telephone numbers of at least three (3)
locations where the proposed "equal" item has been recently installed under
similar conditions.
ip Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal"
product is acceptable to the City five (5) calendar days before the date of the bid
opening. Failure to submit all required documentation and/or submittal of
incomplete documents may result in the City's rejection of the proposed "equal"
product without further consideration.
Agreement No. 5903
5-2 PROTECTION
The following subsection is added to Subsection 5-2 of the Greenbook.
5-2.1 INC°ORREC I' 1. OCA"1`K)N01` 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 UTII...I"1)' 'R['-1A1OVAI.. OR RELOCATION
The City will be responsible to arrange for the removal, repair, or relocation of
existing utilities located within the project limits if such utilities are not correctly
identified in the Contract plans or specifications by the City. The City will have the
sole discretion to perform repairs or relocation work or permit the Contractor to do
such repairs or relocation.
5-5 DELAYS
The following paragraphs are added to Subsection 5-5 of the Greenbook.
Actual loss, as used in this Subsection, will be understood to include no items of
expense other than idle time of equipment and necessary payments for idle time of
workers, cost of extra moving of equipment, and cost of longer hauls.
Compensation for idle time of equipment and idle time of workers will be
determined by Subsection 5-5.1 and no markup will be added in either case for
overhead and profit. The cost of extra moving of equipment and the cost of longer
hauls will be paid for as extra work.
The following subsection is added to Subsection 5-5 of the Greenbook.
5-5.1 CALCULATING 1D1. F TlliII"""
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 C:�')TJ_ ,l..Id.'LICTION SC:;I°°11:.I)ULI:: AND COMMENCEMENT OF WORK
Section 6-1, Construction Schedule and Commencement of Work, is deleted in its
entirety and replaced by the following subsections.
Agreement No. 5903
Pre -C olistruc.tion Meeainl.;:
After Contract award, the City will arrange for a pre -construction meeting to
discuss the construction of the project. City will invite utility agencies and the
Contractor will arrange for all of its Subcontractors to attend the meeting.
6-1.1 CONTRACT SCHEDULE
After notification of award and before starting any work, the Contractor will submit
a Contract Schedule to the Engineer for review. as required by these Specifications
within fifteen (15) calendar days of award.
6-1.2 ("ON,.1°1,N,1... OF (':'ON�l"RAC`I' SC1-11:1)t.al..l.
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 1:11° FFC`F Ol° C"ON'I`RA(."T SCHFI)LII. L'
The Contract Schedule, and any updated Contract Schedules, will represent a
practical plan to complete the Work within the Contract Time. Extension of any
schedule beyond the Contract Time will not be acceptable. Schedules showing the
Work completed in less than the Contract may be acceptable if judged by the
Engineer to be practical. Acceptance of such a schedule by the Engineer will not
change the Contract Time. The Contract Time, not the Contract Schedule, will
control in determining liquidated damages payable by the Contractor and in
determining any delay.
If a schedule showing the Work completed in less than the Contract Time is
accepted, the Contractor will not be entitled to extensions of the Contract Time for
Excusable Delays or Compensable Delays or to adjustments of the Contract Sum
for Compensable Delays until such delays extend the completion of the Work
beyond the expiration of the Contract Time.
The Contractor will plan, develop, supervise, control, and coordinate the
performance of the Work so that its progress and the sequence and timing of Work
activities conform to the current accepted Contract Schedule. The Contractor will
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Agreement No. 5903
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 C(,)N,4M'E'NCFN4 N.1` 01"' C(..mmN'I"RAC,.1 'l'I Ill I
The Contract Time will commence when the City issues a Notice to Proceed. The
Work will start on the date specified in the Notice to Proceed and within a
maximum of fifteen (15) calendar days after the date of the Notice to Proceed, and
be diligently prosecuted to completion with the time provided in the Specifications.
6-4 1. 1::1'°'AU.L'"1'.' 13'Y CON"YRAi.°Tt. R
The language in subsection 6-4 is deleted in its entirety and replaced with the
following subsections.
6-4.1 GENERAL
Should the Contractor fail to begin delivery of material and equipment, to
commence the Work within the time specified, to maintain the rate of delivery of
material, to execute the Work in the manner and at such locations as specified, or
fail to maintain the Work schedule (as determined by the current accepted Contract
Schedule) which will ensure the City's interest, or if the Contractor is not carrying
out the intent of the Contract, the City may serve written notice upon the Contractor
and the Surety on its Faithful Performance Bond demanding satisfactory
compliance with the Contract.
11-B-12
Agreement No. 5903
6-4.2 TERMINATION OF CONTRACTOR'S CONTROL 0VF,R 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:
I . 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 ASSUM13TION OF CONTROL
Should the Surety assume any part of the Work, it will take the Contractor's place
in all respects for that part, and will be paid by the City for all work performed by it
in accordance with the Contract. If the Surety assumes the entire Contract, all
money due the Contractor at the time of its default will be payable to the Surety as
the Work progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work within 5 days after
receiving notice of cancellation, or fails to continue to comply, the City may
exclude the Surety from the premises. The City may then take possession of all
material and equipment and complete the Work by City's forces, by letting the
unfinished work to another Contractor, or by a combination of such methods. In any
event, the cost of completing the Work will be charged against the Contractor and
its Surety and may be deducted from any money due or becoming due from the
City. If the sums due under the Contract are insufficient for completion, the
Contractor or Surety will pay to the City within 5 days of completion, all costs in
excess of the sums due.
The provisions of this subsection will be in addition to all other rights and remedies
available to the City under applicable law.
11-B-13
Agreement No. 5903
6-6 Dt: LAYS ,�° ND EX ITNSq(.,>'NS 01' `FINN L,
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 EXTENSION'S OF TIME
If granted, extensions of time will be based upon the effect of delays to the critical
path of the Work as determined by the current accepted Contract Schedule. Delays
to minor portions of the Work that do not affect the critical path will not be eligible
for extensions of time.
6-6.3 F1AY'MI:.,N`T' l"i': R DELAYS J'0 CON'FRAC'I"OR
Any payment for compensable delay will be based upon actual costs as set forth in
Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor
may have reasonably avoided. The Contractor understands that this is the sole basis
for recovering delay damages and explicitly waives any right to calculate daily
damages for office overhead, profit, or other purported loss, using different
formulas including, without limitation, the Eichleay Formula.
6-6.4 WRITTEN NO'l'l(:'E AND REP'01 I'
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.
11-B-14
Agreement No. 5903
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 \\'(.)RK. DA) -'S A lm i\,,I tRK� INC:i l...l()tal ;S,
City Hall is open from Monday thru Thursday 7am-5pm and alternating Fridays
7am-4pm. It is closed on the following holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving
Christmas Eve
Christmas
New Year's Eve
Tuesday, January 1, 2019
- Monday, January 21, 2019
- Monday, February 18, 2019
- Monday, May 27, 2019
- Thursday, July 4, 2019
- Monday, September 2, 2019
- Monday, November 11, 2019
- Thursday, November 28, 2019
- Tuesday, December 24, 2019
- Wednesday, December 25, 2019
- Tuesday, December 31, 2019
Working on alternate Fridays when City Hall is closed is acceptable. If the
Contractor, however, requests an inspection a day when City Hall is closed, then
the Contractor will have to reimburse the City for the costs of inspection. The
Contractor must request such an inspection at least 48 hours in advance. City
inspections during hours when City Hall is closed are subject to inspection
overtime fees to be paid for by the Contractor. Friday work that does not require
inspection can be done without an inspection fee and must be discussed with City
staff before its occurrence. If the Contractor does construction on a Friday or a day
when City Hall is closed, that day is counted as a project working day.
On workdays, Contractor's activities will be confined to the hours between 7:00
a.m. and 4:00 p.m.
Please see Section 6-7.5 below for weekend and holiday work restrictions.
6-7.4 NIGHT WORK
The following paragraph is added to Section 6-7 of the Greenbook:
The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the
following day unless specifically provided for in the bid documents or unless the
Contractor receives prior written approval.
6-7.5 Wl"T.KEND AND 11OUDAY WORK
The Engineer may, but is not required to, allow the Contractor to work on
11-B-15
Agreement No. 5903
Saturdays, Sundays and City Holidays.
6-8 CC.)Nll' AA'10N ANI') ACC 1::1'°1 ANCF.
Subsection 6-8 of the Greenbook is deleted in its entirety and replaced by the
following:
The Work will be inspected by the Engineer for acceptance upon the Engineer
receiving the Contractor's written assertion that the Work is complete.
If, in the Engineer's judgment, the Work is complete and is ready for acceptance,
the Engineer will accept the Work on behalf of the City in the manner prescribed by
the City. The Engineer will recommend approval of the Notice of Completion to the
City Council. This will be the date when the Contractor is relieved from
responsibility to protect the Work.
All work will be guaranteed by the Contractor against defective workmanship and
materials furnished by the Contractor for a period of 1 year from the date the Work
was completed. The Contractor will replace or repair any such defective work in a
manner satisfactory to the Engineer, after notice to do so from the Engineer, and
within the time specified in the notice. If the Contractor fails to make such
replacement or repairs within the time specified in the notice, the City may perform
this work and the Contractor's sureties will be liable for the cost thereof.
6-8.1 (JE`NERA1. GtJe%RANTY
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 L -I llll'.A]"L D 'I)AMAGES
Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and
replaced by the following subsections.
6-9.1 I'A%I'..,l.11' f "1"fi 6:(:)I ]I�1.1-;1 1'= WORK ON TIME
If all the work called for under the Contract is not completed before or upon the
expiration of the Contract Time, the City will sustain damage. Since it is and will be
impracticable to determine the actual damage which the City will sustain in the
event of and by reason of such delay, it is therefore agreed that the Contractor will
pay to the City the sum specified in the Proposal for each and every calendar day
beyond the time prescribed to complete the work not as a penalty, but as a
predetermined liquidated damage. The Contractor agrees to pay such liquidated
damages as are herein provided, and in case the same are not paid, agrees that the
City may deduct the amount thereof from any money due or that may become due
to the Contractor under the Contract.
Unless otherwise specified, liquidated damages will be $250 per calendar day.
I1 -B-16
Agreement No. 5903
6-11 I.)ISPUTILS ANI: C':I,AlN1S: I'M:1t:.'I.::1.71.J1t.F
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:
I. Claims respecting penalties for forfeitures prescribed by statute or
regulations, which a government agency is specifically authorized to
administer, settle, or determine.
1 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:
I . A statement that it is a Claim and a request for a decision.
1 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.
II -B-17
Agreement No. 5903
b) To the extent costs have been incurred when the Claim is submitted, the
Claim must include actual cost records (including, without limitation,
payroll records, material and rental invoices) demonstrating that costs
claimed have actually been incurred.
C) To the extent costs have not yet been incurred at the time the Claim is
submitted, actual cost records must be submitted on a current basis not less
than once a week during any periods costs are incurred. A cost record will
be considered current if submitted within seven (7) calendar days of the
date the cost reflected in the record is incurred. At the Engineer's request,
claimed extra costs may be subject to further verification procedures (such
as having an inspector verify the performance of alleged extra work on a
daily basis).
If the Claim involves an error or omission in the Contract Documents:
a) An affirmative representation that the error or omission was not discovered
before submitting a bid for the Contract; and
b) A detailed statement demonstrating that the error or omission reasonably
should not have been discovered by the Contractor, its Subcontractors and
suppliers, before submitting a bid for the Contract.
If the Claim involves an extension of the Contract Time, written documentation
demonstrating the Contractor's entitlement to a time extension.
if the Claim involves an adjustment of the Contract Sum for delay, written
documentation demonstrating the Contractor's entitlement to such an adjustment.
A personal certification from the Contractor that reads as follows
.11, . BEING THE (MUST BE AN OFFICER)
OF (CONTRACTOR NAME), DECLARE UNDER
PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO
PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY
REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION
OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM
IS MADE IN GOOD FAITH; THE SUPPORTING DATA iS TRUTHFUL AND
ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY
REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE
CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT 1 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 C&,AIMS S1~ BMl.l p l::I "1"C) ENGIN[IEIZ
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
I1 -B-18
Agreement No. 5903
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 TO OTHER REMEDY
The Contractor certifies that it is familiar with PCC § 10240.2 and understands and
agrees that submitting a Claim in accordance with these Specifications is an express
condition precedent to the Contractor's right to otherwise pursue a claim whether
through alternative dispute resolution or by litigation. Should the Contractor fail to
submit a claim in accordance with these Specifications, including the time limits set
forth herein, it will waive any right to a remedy, whether in law or equity, it might
otherwise have pursuant to the Contract Documents or applicable law.
6-11.5 DECISION ON CLAIMS
The Engineer will promptly review Claims submitted by the Contractor in
accordance with these Specifications. Should the Engineer require additional
supporting evidence to evaluate the claim, the Engineer will request such additional
information in writing. Any such requested data will be furnished not later than ten
(10) calendar days after the Contractor receives the Engineer's request.
The Engineer will render a decision not later than thirty (30) days after either
receiving the Claim or the deadline for furnishing additional supporting data,
whichever is later. If the Claim amount is more than $50,000, the time period will
be extended to sixty (60) days. If the Engineer fails to render a decision within the
time period established herein, then the Claim will be deemed denied. The
Engineer's decision will be final and binding unless appealed in accordance with
these Specifications.
The Engineer's decision on a Claim will include a statement substantially as
follows:
"This is a decision pursuant to the General Specifications of your Contract. If you
are dissatisfied with the decision, and have complied with the procedural
requirements for asserting claims, you may have the right to alternative dispute
resolution or litigation. Should you fail to take appropriate action within thirty (30)
calendar days of the date of this decision, the decision will become final and
binding and not subject to further appeal."
6-11.6 APIIFAL OF ENGINEER'S DECISION
Should the Contractor dispute the Engineer's decision, then the Contractor must
appeal that decision to the City's Public Works Director within thirty (30) calendar
days of receiving the Engineer's decision.
The Public Works Director will address disputes or claims within thirty (30)
calendar days after receiving such request and all necessary supporting data. The
Public Works Director's decision on the dispute or claim will be the City's final
decision.
II -B-19
Agreement No. 5903
If the Contractor disputes the Public Works Director's decision, then the Contractor
must demand alternative dispute resolution in accordance with this Section and the
PCC within thirty (30) calendar days of the City's final decision.
6-11.7 MEDIATION
If the City and the Contractor agree, disputes between the parties may be submitted
to non-binding mediation. If the parties cannot agree to an alternative form of
mediation, then mediation will be administered by the American Arbitration
Association ("AAA") under its Construction Industry Mediation Rules, unless the
use of such rules are waived by mutual stipulation of both parties.
The parties may, but are not required to be, represented by counsel in mediation.
The requirement for mediation will not alter or modify the time limitations
otherwise provided for claims and no conduct or settlement negotiation during
mediation will be considered a waiver of the City's right to assert that claim
procedures were not followed.
6-11.8 ARBITRATION
If the City and Contractor do not agree to mediation, then a disputes will be
submitted to neutral non-binding (except as provided herein) arbitration. Arbitration
will be conducted in accordance with PCC § 10240.3. Any decision rendered by an
arbitrator will be consistent with PCC § 10240.8.
The exclusive venue for any arbitration will be in Los Angeles County,
The expenses and fees of the arbitrators and the administrative fees, if any, will be
divided among the parties equally. Each party will pay its own counsel fees, witness
fees, and other expenses incurred for its own benefit.
6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING
The decision rendered by the arbitrator will become binding upon the parties unless
appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12
within thirty (30) calendar days of the decision. If subsequent litigation results in an
award to the party appealing the arbitration that is less than or equal to that of the
arbitration decision, or if the litigation results in a decision in favor of the
nonappealing party, then the party appealing the arbitration will pay the
nonappealing party's attorney's fees and court costs.
6-11.10 API'l-"At„'I"O SI,. PERIOI� twOt.?Im..._I WAIVI::';R OIC' JURN' "I'RIAI..
Should a party timely object to the arbitration decision, it may file a petition with
the Los Angeles County Superior Court in accordance with California Code of Civil
Procedure ("CCP") §§ 1285, et seq. Notwithstanding the limitations set forth in
CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and
enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis
including, without limitation, error of law. The court will apply the substantial
II -B-20
Agreement No. 5903
evidence standard of review when considering the appeal of an objecting party.
BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR
AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE
CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF
THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF
CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH
THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE
THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.
6-11.11 AB 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.
7-2.3 I"R'I'VAII-ICVG 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:
11-B-21
Agreement No. 5903
a) When employment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the ninety (90) calendar days before the
request for certificate, or
b) When the number of apprentices in training in the area exceeds a ratio of one to
five, or
C) When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis state-wide or locally, or
d) When the Contractor provides evidence that the Contractor employs registered
apprentices on all of his Contracts on an annual average of not less than one
apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if the Contractor employs registered
apprentices or journeymen in any apprenticeable trade on such Contracts and if
other Contractors on the Public Works site are making such contributions.
The Contractor and any Subcontractor will comply with Labor Code §§ 1777.5 and
1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex -officio
the Administrator of Apprenticeship, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices.
7-2.4 RECORD OF WAGES PAID: 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:
11-B-22
Agreement No. 5903
COVERAGE PER ISO FORM
COMBINED
OCCURRENCE
SINGLE
LIMIT
Comprehensive General Liability CL 00 02 01 85 or 88
$2,000,000
Business Auto CA 00 01 01 87
$1,000,000
Workers' Compensation
Statutory
Contractor will provide endorsements or other proof of coverage for contractual
liability.
Combined single limit per occurrence will include coverage for bodily injury,
personal injury, and property damage for each accident.
If Commercial General Liability Insurance or other form with a general aggregate
limit is used, the policy will be endorsed such that the general aggregate limit will
apply separately to this Contract and a copy of the endorsement provided to the
City.
Liability policies will contain, or be endorsed to contain the following provisions:
GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
The City, its officers, officials, employees, agents, and volunteers will be covered
as insureds as respects: liability arising out of activities performed by or on behalf
of the Contractor; products and completed operations of the Contractor; premises
owned, occupied or used by the Contractor; or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage will contain no special limitations on the
scope or protection afforded to the City, its officers, officials, employees, agents, or
volunteers.
The Contractor's insurance coverage will be primary insurance as respects the City,
its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, agents, and
volunteers will be excess of the Contractor's insurance and will not contribute with
it.
The insurer will agree in writing to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City.
Any failure to comply with reporting provisions of the policies will not affect
coverage provided to the City, its officers, officials, employees, agents and
volunteers.
The Contractor's insurance will apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
WORKER'S COMPENSATION:
The insurer will agree to waive all rights of subrogation against the City, its
11-B-23
Agreement No. 5903
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 E1 Segundo
350 Main Street
El Segundo, CA 90245
Notwithstanding the foregoing, the endorsement may state that insurance may be
cancelled upon ten (10) calendar day notification for non-payment of premium. The
Contractor will provide the City with updated proof of insurance should the
Contract Time extend beyond the policy expiration date.
All liability insurance will be on an occurrence basis. Insurance on a claims made
basis will be rejected. Any deductibles or self-insured retentions will be declared to
and approved by City. The insurer will provide an endorsement to City eliminating
such deductibles or self-insured retentions as respects the City, its officials,
employees, agents, and volunteers.
Except for Workers Compensation Insurance, Contractor will furnish to City
certificates of insurance and endorsements on forms acceptable to the City's City
Attorney, duly authenticated, giving evidence of the insurance coverages required
in this Contract and other evidence of coverage or copies of policies as may be
reasonably required by City from time to time. Endorsements must be supplied on
ISO Form No. CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers
Compensation Insurance will be furnished on State Comp Fund or other industry
standard form. Except for worker's compensation insurance, all insurance required
herein will be placed with insurers with a Best's Rating of not less than A:V•ll.
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
I1 -B-24
Agreement No. 5903
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 IN I..)E;MN11:1C'A'CION AND D[:=1ENS F
In addition to the provisions of Subsection 7-3 of the Greenbook as between the
City and Contractor, Contractor will take and assume all responsibility for the work
as stated herein or shown on the plans.
The Contractor will bear all losses and damages directly or indirectly resulting to it,
to the City, its officers, employees, and agents, or to others on account of the
performance or character of the work, unforeseen difficulties, accidents, traffic
control, job site maintenance, or any other causes whatsoever.
The Contractor will assume the defense of and indemnify and save harmless the
City of El Segundo, its officers, employees, and agents, from and against any and
all claims, losses, damage, expenses and liability of every kind, nature, and
description, directly or indirectly arising from the performance of the Contract or
work, regardless of responsibility for negligence, and from any and all claims,
losses, damage, expenses, and liability, howsoever the same may be caused,
resulting directly, or indirectly from the nature of the work covered by the Contract,
regardless of responsibility for negligence, to the fullest extent permitted by law. In
accordance with Civil Code § 2782, nothing in this Subsection 7-3.2 or in
Subsection 7-3 of the Standard Specifications will require defense or
indemnification for death, bodily injury, injury to property, or any other loss,
damage or expense arising from the sole negligence or willful misconduct of the
City, or its agents, servants or independent Contractors who are directly responsible
to the City, or for defects in design furnished by such persons. Moreover, nothing in
this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor,
or to relieve the City from, liability for active negligence of the City.
The City does not, and will not, waive any rights against the Contractor which it
may have by reason of the aforesaid hold harmless agreements because of the
acceptance by the City, or deposit with City by Contractor, of any insurance
policies described in Subsection 7-3 of the Special Provisions. This hold harmless
agreement by the Contractor will apply to all damages and claims for damages of
every kind suffered, or alleged to have been suffered by reasons of any of the
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Agreement No. 5903
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 pen -nits 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 CON'1.1'ZOl..
Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its
entirety and replaced by the following subsections.
7-8.1.1 GENERAL
On any construction project requiring trenching within public streets and for which
total trenching is in excess of 500 feet, the Contractor will be required to sweep the
worksite utilizing a pick-up type street sweeper a minimum of once daily.
7-8.1.2 WATERING
Water for dust control caused by Contractor's operations or the passage of traffic
through the work will be applied as necessary or as directed by the Engineer. Water
for the above or other purposes may be obtained from any approved source. If the
Contractor chooses to use a City fire hydrant upon placing deposits and fees as
described in this Contract, the Engineer will cause a meter to be installed. All water
used from the hydrant will be metered and charged to the Contractor at the
prevailing rate plus the current daily meter rental rate. The Contractor will be
charged a $15 reconnect fee if the Contractor wishes to move the meter to a
different hydrant. Costs of water to be used will be included in the cost of various
bid items.
7-8.6 WA1VTR POI.LI. 'l ION CONTROL
The following requirements are added to establish storm water and urban runoff
i»
Agreement No. 5903
pollution prevention controls.
(a) Storm mconstruction generated water containing sediment such as. construction
waste. soil ,slurry frmn concrete/asphalt concrete saw cutting operations. clean up
of concrete transit mixers or other pollutants bnm construction sites and parking
areas will he 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 totrap sediment so that only filtered water enters the City's
storm drain system. Proper clean up and disposal of settled sediment and the
filtering yystennwill bethe responsibility ofthe Contractor.
(c) Discharge of concrete transitmixer wash water on to approved dirt areas
(sarea designated for new concrete construction for example) is
acceptable. Discharge on no private property, parkway areas, or the street is not
permitted.
(d) P|uyho or other impervious covering will be installed vvhorc appropriate to
prevent erosion of an otherwise unprotected area, along with any other runoff
control devices deemed appropriate bvthe City.
(e) Excavated soil stored on the site will be covered in a mu000r that
minimizes the amount of sediments running into the storm drain system, street or
adjoining properties.
(t) No vvuuhinQ of construction urother industrial vehicles and equipment will
be allowed adjacent touconstruction site. During the rainy season (October 15 to
&pd| 15)` Contractor will keep at the construction site sufficient ma1cduln and
labor to install ten`porug/ sediment filtering systems and other vvutcr pollution
prevention control measures. These control measures will be in place and
maintained hythe Contractor un udaily basis on days when construction imnot io
progress due turain.
(h) All costs associated with water pollution control will be borne by
the Contractor. Any ozpcnyc incurred bvthe City to expeditiously respond tostorm
drain contamination resulting from Contractor's failure to implement water
pollution control measures will be charged 1othe Contractor.
7-4 MurICTION AND KESTMAT0NC)F6X|ST}Y4@IMPROVEMENTS
The following requirements are added toSection 7-9:
Where existing traffic striping, pavement markings, and curb markings aredannu�
m�eir��iv��u���cC���`s��i�����ping� -
markings will also be considered as existing improvements and the Contractor willreplace such improvements.
Rdounhnna, repairs, replacements, nrre-cstaAb|ishin cut will braileast equal tothe
existing improvements and will match such improvements in finish and dimensions
unless otherwise specified.
Agreement No. 5903
7-10 I1I,1131-IC C0NVI::NI1:'NCI AND SAFI'TY
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 (l) twelve (12) foot wide traffic lane will be provided for each
direction of travel on all streets at all times except as permitted by the Engineer.
The traffic lanes will be maintained on pavement, and will remain unobstructed. All
work requiring that a lane be closed or a lane moved right or left will be noticed to
the traveling public by use of City approved lighted arrow boards.
Clearances from traffic lanes will be five (5) feet to the edge of any excavation and
two (2) feet to the face of any curb, pole, barricade, delineator, or other vertical
obstruction.
One four (4) foot wide paved pedestrian walkway will be maintained in the
parkway area on each side of all streets. The clearance from the pedestrian walkway
to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected
from all excavations, material storage, and/or obstructions by the placement of an
adequate number of lighted barricades (minimum two (2)) at each location, one (1)
at each end of the obstruction or excavation), which will have flashing lights during
darkness. Barricades will be Type I or Type II per Section 7-3 of the WATCH
Manual and lights will be Type A per Section 7-6 of the "Work Area Traffic
Control Handbook" (WATCH).
7-10.2 STREET CLOSURES. DF.TOURS. 13,-I�RICAQ S
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.
I1 -B-28
Agreement No. 5903
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 PRO"1°t=C"1"QON 01. 11 1G I'l.iil LIC
It is part of the service required of the Contractor to make whatever provisions are
necessary to protect the public. The Contractor will use foresight and will take such
steps and precautions as his operations warrant to protect the public from danger,
loss of life or loss of property, which would result from interruption or
contamination of public water supply, interruption of other public service, or from
the failure of partly completed work or partially removed facilities. Unusual
conditions may arise on the Project which will require that immediate and unusual
provisions be made to protect the public from danger or loss of life, or damage to
life and property, due directly or indirectly to prosecution of work under this
Contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the
Contractor has not taken sufficient precaution for the public safety, protection of
utilities and protection of adjacent structures or property, which may be damaged
by the Contractor's operations and when, in the opinion of the Engineer, immediate
action will be considered necessary in order to protect the public or property due to
the Contractor's operations under this Contract, the Engineer will order the
Contractor to provide a remedy for the unsafe condition. If the Contractor fails to
act on the situation immediately, the Engineer may provide suitable protection to
said interests by causing such work to be done and material to be furnished as, in
the opinion of the Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense
of such repairs as are deemed necessary, will be borne by the Contractor. All
expenses incurred by the City for emergency repairs will be deducted from the
progress payments and the final payment due to the Contractor. Such remedial
measures by the City will not relieve the Contractor from full responsibility for
public safety.
7-15 FIAZARDO( JS MATERIAL
The following Subsection will be added to Section 7 of the Greenbook:
For any excavation, which extends more than four feet below existing grade, the
Contractor will promptly, and before the conditions are disturbed, notify the
Engineer, in writing, of 1) any material that the Contractor believes may be
hazardous waste, as defined in Health and Safety Code § 25117, which is required
to be removed to a Class 1, Class 11, or Class III disposal site in accordance with
provisions of existing law, 2) subsurface or latent physical conditions at the site
differing from those indicated, or 3) unknown physical conditions at the site of any
unusual nature, different materially from those ordinarily encountered and generally
II -B-29
Agreement No. 5903
recognized as inherent in work of the character provided for in the Contract
Documents.
After receiving notice from the Contractor, the Engineer will promptly investigate
any condition identified by the Contractor as being hazardous. The rights and
obligations of the City and the Contractor with regard to such conditions (including,
without limitation, the procedures for procuring change orders and filing claims)
will be specified by the provisions of Subsection 3-4 (Changed Conditions) of the
Greenbook.
If a dispute arises between the City and the Contractor whether the conditions
materially differ, involve hazardous waste, or cause a change in the Contractor's
cost or time required for performance of the work, the Contractor will not be
excused from any scheduled completion date provided for by the Contract, but will
proceed with all work to be performed under the Contract. The Contractor will
retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook.
If the Engineer determines that material called to the Engineer's attention by the
Contractor is hazardous waste, or if the Engineer otherwise discovers the existence
of hazardous waste, the Contractor will be responsible for removal and disposal of
the hazardous waste by qualified personnel and appropriate equipment in the
manner required by law as directed by the Engineer, subject to the provisions of
Section 3 (Changes in Work) of the Greenbook.
9-2 LUMP SUM WORK
Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and
replaced by the following:
Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be
paid for at the price indicated in the Proposal. Such payment will be full
compensation for all costs for labor, equipment, materials and plant necessary to
furnish, construct and install the lump sum item of work, complete, in place, and for
all necessary appurtenant work, including, but not limited to, all necessary cutting,
patching, repair and modification of existing facilities, and clean up of site.
Contractor will furnish three copies of a detailed schedule, which breaks down the
lump sum work into its component parts and cost for each part, in a form and
sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable
apportionment of the lump sum. This schedule is subject to approval by Engineer as
to both the components into which the lump sum item is broken down, and the
proportion of cost attributable to each component.
This schedule will be the basis for progress payments for the lump sum work.
9-3.2 .1 ARTIAI,. ANIS I°1NAL PAYM[N.J.""
The text of Subsection 9-3.2 of the Standard Specifications is deleted and replaced
with the following:
11-B-30
Agreement No. 5903
The closure date for the purpose of making partial progress payments will be the
last working day of each month. The Contractor will prepare the partial payment
invoice with measurement of the work performed through the closure date and
submit it to the CITY for approval.
When work is complete, the Contractor will determine the final quantities of the
work performed and prepare the final progress payment, and submit it to the
Engineer for approval.
It will take a minimum of thirty-five (35) calendar days from the date of approving
the Contractor's invoice to make the payment to the Contractor. However,
payments will be withheld pending receipt of any outstanding reports required by
the Contract documents, or legal release of filed Stop Payment Notices against the
Contractor. In addition, the final progress payment will not be released until the
Contractor returns the control set of Plans and Specifications showing the as -built
conditions.
The full five percent (5%) retention will be deducted from all progress payments.
The Contractor will make a payment request for the retained amount, for approval
by the City, upon field acceptance of the work by the City Engineer. The City
Engineer upon field acceptance and receipt of the final as -built plans and any other
reports or documents required to be provided by the Contractor will process a
recommendation to the City Council for acceptance of the work. Not less than
thirty-five (35) calendar days from the City Council acceptance of the work, the
Contractor's final payment will be made provided Stop Payment Notices or other
claims have not been filed against the Contractor and/or the City by material
suppliers, Subcontractors, other governmental agencies, and private property
owners. Until these Stop Payment Notices are released and claims are resolved the
stop payment/claim amount will be withheld from the final payment.
The Contractor, however, may receive interest on the retention for the length of
construction, or receive the retention itself as long as the retention is substituted
with escrow holder surety or equal value.
At the request and expense of the Contractor, surety equivalent to the retention may
be deposited with the State Treasurer, or a State or Federally chartered bank, as the
escrow agent, who will pay such surety to the Contractor upon satisfactory
completion of the Contract.
Pursuant to PCC § 22300, the Contractor may substitute securities for retention
monies held by the City or request that the City place such monies into an escrow
account. The Contractor is notified, pursuant to PCC § 22300, that any such
election will be at the Contractor's own expense and will include costs incurred by
the City to accommodate the Contractor's request.
Progress payment paid by the City as contemplated herein, will be contingent upon
the Contractor submitting, in addition to any additional documents, an updated
Contract Schedule in the form prescribed by these Contract Documents. Failure of
the Contractor to submit an acceptable updated Contract Schedule will result in the
City withholding partial payment, without liability to the City, until such an
II -B-31
Agreement No. 5903
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 l"1=1'1'ITJ°1 CON (Dl°ti[:,�'°' 1.9A131L1"I'
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 -
I1 -B-32
Agreement No. 5903
SECTION III —SPECIAL PROVISION"
1-0. C;i1uNERA1.. SC OPI"'J 1MME` F"OR C:"(:lMl).1._1....1'10N. AND I --CATION (A" \YORK
1-1. General
The work to be done consists of furnishing all labor, materials, tools, equipment and
incidentals for the installation of acoustic panels and targeting system.
1-2. Location of the Work:
Police Department Building - 348 Main Street, El Segundo, CA 90245
1-3. Workinu Dans and lime for Completion
1. Contractor will commence work on date specified in the Notice to Proceed to be issued
to the said Contractor by City of El Segundo Public Works Department and shall
complete work within twenty (20) working days after the date of commencement.
2-0. NOTIFICATIONS
2-1. General
The CONTRACTOR will notify all agencies listed here in a minimum of seventy-
two (72) hours before start of operation. The following list of names and telephone
numbers are intended for the convenience of the CONTRACTOR and the City does
not guarantee either the completeness or correctness of this list.
OPERATION OFFICE
TELEPHONE
I, Start of work, Orlando Rodriguez, Public Works Staff 310-524-2252
shutdown of work, Ken Berkman, Director of Public Works 310-524-2356
or resumption of Lifan Xu, City Engineer 310-524-2368
work after shutdown Jeff Leyman, Police Department Staff 310-524-2254
2. Closing of streets El Segundo Police Department** 310-524-2200
El Segundo Fire Department** 310-524-2236
** The CONTRACTOR will notify the Engineering Division before notifying these offices.
The following information is provided for CONTRACTOR'S use to notify agencies if their
facilities are affected by CONTRACTOR'S work:
1. City of El Segundo — Government Buildings 310-524-2713
2. City of EI Segundo — Water Division 310-524-2742
3. City of El Segundo - Wastewater Division 310-524-2754
2-2. 4,"iJy Staff Noti llc,,ition
The Contractor shall submit all required employee notices to the City at the pre -
construction meeting for approval. The Contractor shall hand -deliver Notices to
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Agreement No. 5903
affected City staff regarding the work at least two (2) weeks before the project
begins construction. Notices shall include the project times, dates, working hours,
and description of project activities. If any changes occur to project times, dates or
working hours, the Contractor will revise and re -deliver the Notice to affected City
Staff.
The Contractor shall also notify the Police Department, the Fire Department, the
City street sweeper, the City waste hauler, and all utilities of the construction
schedule and any changes to it.
2-3. Parkht=�.
Where street parking may need to be restricted, the Contractor shall post
"TEMPORARY NO PARKING" signs on the curb 72 hours in advance of the
construction, to alert motorists that parking shall not occur at the location and for
what length of time. Signs placed shall be unobstructed and clearly visible from
vehicles. Signs should be similar to those posted by City Public Works street
maintenance staff. The signs are subject to the approval of the Engineer.
The dates and times on the signs shall be site specific and shall cover the minimum
time required for "NO PARKING" to facilitate construction. Generic long-term
"NO PARKING" time designations are not acceptable. Parking shall not be
restricted during any period when construction activity is not scheduled at this
particular site.
Staging location for construction related activities and/or equipment must first be
approved by City Staff.
3-0. MOBILIZATION
Mobilization shall conform to the provisions of Section 9-3.4 of the Standard
Specifications. The scope of work under mobilization includes but is not limited to:
1. Moving on to the site of all Contractor's equipment required for operations.
2. Arranging for and erection of Contractor's work and storage yard.
3. Posting all OSHA required notices.
4. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for
City approval.
5. Notification of employees and property owners.
6. Re -notification of employees and property owners for all construction schedule changes.
7. Bringing unforeseen field conditions to City staff's attention in a timely manner.
8. Restoration of private and public property to existing standard conditions upon
demobilization.
9. Demobilization.
3-1 Demobilization shall include all activities for the Contractor to remove all equipment and
construction debris from the project areas after construction is complete. Demobilization
shall also include general cleanup activities and specific punch list items and cleanup
activities determined by the City Public Works Inspector or City Representative, to repair
or replace any private or public facilities damaged by the construction and return public
facilities to the same or better condition as that existing prior to construction.
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Agreement No. 5903
3-2 The Contractor shall be responsible for performing the following preparatory work;
1. Meeting with the project manager and City stakeholders in a pre -construction meeting.
a. During this meeting, the Contractor shall present an initial proposed schedule and
work plan. City staff shall present a schedule of events and a list of any restrictions
that may affect the construction schedule.
b. The Contractor shall also present Notices to the Public regarding the work to be
done (refer to Notifications section).
2. Finalizing and submitting a final work plan for the Contract that will detail the
contracted project tasks and schedule and also accommodates any information clarified
in the pre -construction meeting. City approval is required on the work plan before a
Notice to Proceed will be issued.
3. Clearing the construction area to be worked on of all loose material and other
objectionable material as applicable.
4. Providing and setting up of temporary barriers and security devices, for protection of
the employees and public. This includes but is not limited to: barricades, temporary No
Parking, and/or temporary No Pedestrian Traffic signage in the vicinity of the project
area.
5. Providing appropriate temporary signage including signage for exit or building egress
if necessary during construction.
6. Maintaining open or unobstructed building egress paths during construction.
7. Maintaining building fire or life safety systems unless three days prior written notice is
submitted to the City Public Works Department and approval is granted to disrupt or
disable those systems temporarily.
8. Notifying City staff according to Notification requirements.
3-3 The Contractor is responsible for performing demolition activities including but not limited
to:
1. Conducting demolition to minimize interference with adjacent and occupied building
areas.
2. Disconnecting and removing utilities within demolition areas, and replacing them after
construction, if applicable.
3. Removing and properly disposing of demolished materials and construction debris
from the site unless specifically noted otherwise.
4. Removing materials as the work progresses. Upon completion of daily work, leave
areas in a clean condition.
5. Removing temporary work.
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Agreement No. 5903
4-0 WORK SCHEDULE
Contractor shall be responsible for including in the final work plan a workable
construction schedule that incorporates the following conditions:
1. The schedule for the work is subject to the approval of the Public Works
Department.
2. All work shall take place Monday through Friday between the hours of 7:00 am
and 4:00 pm unless previously approved by the Public Works Director for any
other day of the week.
3. The Contractor shall coordinate all inspections and final sign -offs for permits
and the project with Public Works Department.
5-0. STANDARDS
Section 0-1 on page 11-13-1 of these Specifications is supplemented by the following
additional requirements:
1. All work shall be 2018 Standards Specifications for Public Works Construction
(SSWPC) unless otherwise shown on the plans, technical specifications, or as
specified herein. Submittal of a bid will be evidence that the Contractor is
familiar and knowledgeable about these specifications.
2. Strict compliance with State and local safety codes will be enforced.
6-0. EXAMINATION INA°l ION OF JOB SIT
The BIDDER shall make a detailed physical inspection of the site before submitting his
proposal. It is understood that the BIDDER is satisfied regarding existing conditions and
existing access conditions which may affect bid prices for the proposed work.
7-0. INSPECTION
Section 4-1.3 on page II -B-9 of these Specifications is supplemented by the following
additional requirements:
1. On all questions relating to quantities, the acceptability of material, or work, the
execution, progress or sequence of work, and the interpretation of specifications or
plans, the decision of the Engineer is final and binding, and shall be precedent to any
payment under the Contract.
2. All work and materials are subject to inspection and approval of the Engineer,.
3. Legible copies of material/weight certification shall be turned over to the inspector on a
daily basis.
4. Inspection of the work shall not relieve the Contractor of the obligations to fulfill all
conditions of the Contract.
8-0. USE OF PRIVATE PROPERTY
The use of any private property by the Contractor is prohibited, unless written
III -A-4
Agreement No. 5903
approval is obtained from the City owner and the property owner. The prohibited
uses include, but is not limited to the, Contractor's use of water. electricity or
natural gas from private property, storage of material or equipment, and turning
around/ parking of his vehicles on private property.
9-0. STORAGE OF MATERIALS AND EQUIPMENT
1. No material or equipment shall be stored in public right-of-way without prior approval
from the Public Works Department.
2. The Contractor shall be responsible for obtaining a site for storage of material and
equipment. The site shall not be within or adjoining the residential areas of the City.
Site shall be subject to approval by the City.
3. The sites for stockpiling and batching materials shall be clean and free from
objectionable material.
4. The City does not have nor does guarantee any designated property within the City for
storage of materials.
5. If the Contractor finds a private property for storage of his materials, the Contractor
shall furnish the City a letter of approval and a letter of release (at the end of the job
and cleanup of the storage site) from the property owner for this purpose.
6. The Contractor shall adhere to Best Management Practices and NPDES requirements to
protect the City right-of-way and storm drain system during construction.
7. Deliver all materials in their original containers with seals unbroken and
manufacturer's label and product identification clearly legible on each package.
8. Store all un -containerized materials at the site under adequate cover, maintaining them
in a dry condition until ready for use.
10-0. DISPOSAL OF REMOVALS
All removed materials shall become the property of the Contractor. Materials shall be
legally discarded away from the site of work.
Note: There are no authorized dump facilities within the City of E1 Segundo,
11-0. QUALITY ASSURANCE
Contractors shall exercise due care to assure procurement, storage and placement of
materials form site or offsite sources which will comply with the requirements,
specifications and standards set out herein. Contractor may, at his discretion, have such
tests and inspections as he may desire performed by qualified personnel or independent
testing services, for his guidance and control of the work.
12-0. COMPLETION
Upon completion of work, the Contractor shall conduct careful inspection with the City
Inspector and shall correct all defective work to the satisfaction of the Owner.
The Contractor shall coordinate all inspections and final sign -offs for Encroachment
III -A-5
Agreement No. 5903
Permits and Building Permits with City staff.
All scrap, litter and debris resulting from operations specified herein, shall be removed and
the premises left in a clean and satisfactory condition.
13-0. WARRANTY
The Contractor and/or manufacturer shall warrant all work performed under this Contract
for a period of two years from the date of Owner's acceptance of completed job. Any
defects in materials or workmanship appearing during this period shall be corrected without
cost to the City.
- END OF SECTION -
III -A-6
Agreement No. 5903
SECTION IV — MEASUREMENT AND PAYMENT
1-0 BASE BID ITEMS — ACOUSTIC PANELS & TARGETING SYSTEM,
1-1 Base Bid Item 1.
Measurement and payment for the removal and disposal of the existing acoustic material
will be paid for at the Contract square foot unit price and shall include compensation for
furnishing all labor, equipment, materials, and services necessary per these specifications.
1-2 Base Bid ]tem 2.
Measurement and payment for installation of the safety ceiling will be paid for at the
Contract square foot unit price and shall include compensation for furnishing all labor,
equipment, materials, and services necessary per these specifications.
1-3 Base Bid Item 3.
Measurement and payment for installation of the side walls will be paid for at the Contract
square foot unit price and shall include compensation for furnishing all labor, equipment,
materials, and services necessary per these specifications.
1-4 Base Bid Item 4.
Measurement and payment for installation of the absorptive ceiling will be paid for at the
Contract square foot unit price and shall include compensation for furnishing all labor,
equipment, materials, and services necessary per these specifications.
1-5 Base Bid Item 5.
...............
Measurement and payment for installation of the rear walls will be paid for at the Contract
square foot unit price and shall include compensation for furnishing all labor, equipment,
materials, and services necessary per these specifications.
1-6 Base Bid Item 6.
Measurement and payment for installation of Z channels will be paid for at the Contract
linear foot unit price and shall include compensation for furnishing all labor, equipment,
materials, and services necessary per these specifications.
1-7 Base Bid Item 7.
Measurement and payment for installation of J channels will be paid for at the Contract
linear foot unit price and shall include compensation for furnishing all labor, equipment,
materials, and services necessary per these specifications.
1-8 Base Bid Item 8.
Measurement and payment for installation of edge metal will be paid for at the Contract
linear foot unit price and shall include compensation for furnishing all labor, equipment,
materials, and services necessary per these specifications.
1-9 Base Bid Item 9.
Measurement and payment for installation of 2 -inch fasteners will be paid for at the
IV -A-1
Agreement No. 5903
Contract unit price and shall include compensation for furnishing all labor, equipment.
materials, and services necessary per these specifications.
1-10 Base Bid Item 10.
Measurement and payment for installation of 3 -inch fasteners will be paid for at the
Contract unit price and shall include compensation for furnishing all labor, equipment,
materials, and services necessary per these specifications.
1-11 Base Bid Item 11.
Measurement and payment for installation of washers will be paid for at the Contract unit
price and shall include compensation for furnishing all labor, equipment, materials, and
services necessary per these specifications.
1-12 Base Bid Item 12.
Measurement and payment for the removal and disposal of the existing targeting system
will be paid for at the Contract lump sum price and shall include compensation for
furnishing all labor, equipment, materials, and services necessary per these specifications.
1-13 Base Bid Item 13.
Measurement and payment for installation of a stationary 360 degree turning target with hit
sensing will be paid for at the Contract unit price and shall include compensation for
furnishing all labor, equipment, materials, and services necessary per these specifications.
1-14 Base Bid Item 14.
Measurement and payment for installation of a master control computer with one (1) tablet
controller will be paid for at the Contract unit price and shall include compensation for
furnishing all labor, equipment, materials, and services necessary per these specifications.
1-15 Base Bid Item 15.
Measurement and payment for installation of a communications system master unit will be
paid for at the Contract unit price and shall include compensation for furnishing all labor,
equipment, materials, and services necessary per these specifications.
1-16 Base Bid Item 16.
Measurement and payment for installation of a paging horn speaker will be paid for at the
Contract unit price and shall include compensation for furnishing all labor, equipment,
materials, and services necessary per these specifications.
2-0. PROGRESS PAYMENTS
Lump sum items shall be billed on a percentage completed basis. The City reserves the
right to request a schedule of values to be submitted by the Contractor for any bid item in
order to determine payment for work completed.
Unit cost items shall be billed on a units -completed basis.
1V -A-2
Agreement No. 5903
Work that is not completed cannot be submitted for billing. The Contractor is encouraged
to submit invoices with ample time for City staff to process an invoice. Processing time
includes City staff time to inspect and verify lump sum percentage completed and units
completed for bid items.
IV -A-3
Agreement No. 5903
SECTION V- TE'C'HNICAL SPECIFICATIONS
RANGE ACOUSTIC PANEL SYSTEMS for INDOOR BAFFLED RANGES
PART IGENERAL
1.01 INCLUDES
A. Range Acoustic Panel Systems —
1.02 DESCRIPTION OF WORK
A. Troy Acoustic Portland Cement based wood fiber board and Troy Wool (known as the Troy
System) Range Acoustic Panel Systems - This item includes furnishing and installing all
substrate materials, apertures and finishes. Troy Board shall be factory painted or painted by
General Contractor with four coats of acrylic latex paint with an airless sprayer per
manufacturer's instruction, necessary for the complete installation of acoustic panels on the
shooting range components (i.e., safety ceiling, side walls, rear wall and absorptive drop ceiling)
designed to reduce loud noise and reverberation in the range. The General Contactor shall
provide and install the 2 x 2 commercial grade grid supported 4' in each direction.
1.03 SUBMITTALS
A. Submit manufacturer's certification of compliance indicating the acoustic panel system complies
with industry standards and these specifications, and is suitable and appropriate for the intended
use.
B. Submit manufacturers product data including:
Preparation instructions and recommendations.
2. Storage and handling requirements and recommendations.
3. Installation methods.
C. Submit manufacturer's maintenance instructions that include recommendations for periodic
checking and maintenance of Portland cement wood fiber board maintenance and lead removal.
D. Manufacturer's Shop Installation Drawings.
DELIVERY, STORAGE AND HANDLING
A. Store material in accordance with manufacturer's recommendations and in locations which will
minimize the interference with operations, minimize environmental damage and protect adjacent
areas from flooding and runoff.
PART 2 PRODUCTS
2.01 APPROVED SYSTEMS
Agreement No. 5903
A. TROY SYSTEM AS MANUFACTURED BY TROY ACOUSTICS CORPORATION OR
PRE-BID APPROVED ALTERNATIVE must meet the criteria outlined in 2.02.
2.02 ACOUSTIC PANEL SYSTEMS
A. Noise Reduction Coefficient (NRC): 0.85 minimum.
B. Noise reduction warranty: 5 -year minimum.
C. UL tested: smoke developed 0 flame spread 0.
D. Shall meet 2012 NFPA Standards.
E. Independently tested and approved for anti -ricochet and anti -splatter for 5.56 and 7.62 errant
rounds. Any independently untested approved alternate system must include 2 layers of fire
resistant marine grade (9mm and 11 mm) plywood for anti -splatter.
F. System design must reduce reverberation time and loud noise.
G. At the discretion of the purchasing agent/contracting officer additional pricing may be required
to include on-site testing to assure compliance.(OPTION)
H. Must be Portland Cement Based cementitious wood fiber board System and Troy Wool.
I. Warranty: Law Enforcement and Military facilities: Minimum 5 -year free material replacement
warranty for all boards damaged more than 30 percent by errant rounds.
J. Material: Acoustic panels, substrate materials, fasteners, washers, hangers, spray adhesives, and
metal edging/channels. Paint by GC according to manufacturer's requirement of 4 coats of
acrylic latex paint with an airless sprayer or factory painted.
K. Edge metal required around doorways/windows.
L. Safety Ceiling load weight acoustics loading per Troy Standard (I "Troy Board, 2"Troy Wool,
fasteners & washers) is 2.55 lbs./sq. foot. Wall loading per Troy Standard coverage is 4.55
lbs./sq. ft. (includes 1.5" z furring elements, 2"Troy Board, 2" Troy Wool, fasteners & washers).
PART 3 EXECUTION
3.01 GENERAL
A. Install system per manufacturer's recommendations or installation by manufacturer. Installation
by Contractor shall not void or impact required warranties noted above.
B. Paint system per manufacturer's recommendations.
C. Perf metal behind firing line.
D. Clean up
Agreement No. 5903
FIRING RANGE EQUIPMENT
PART 1 GENERAL
1. DESCRIPTION OF WORK
1.1. Meggitt Targeting Systems - This item includes furnishing and installing all substrate materials,
apertures and finishes.
2. SUBMITTALS
2.1. Submit manufacturer's certification of compliance indicating the targeting system complies with
industry standards and these specifications, and is suitable and appropriate for the intended use.
2.2. Submit manufacturers product data including:
2.2. 1. Preparation instructions and recommendations.
2.2.2.Storage and handling requirements and recommendations.
2.2.3. Installation methods.
2.3. Submit manufacturer's maintenance instructions that include recommendations for periodic
checking and maintenance of the targeting system and all related components.
2.4. If the Contractor submits an alternative product prior to the bid opening and receives approval,
the Contractor shall submit manufacturer's shop installation drawings of alternative product.
3. DELIVERY, STORAGE AND HANDLING
3.1. Store material in accordance with manufacturer's recommendations and in locations which will
minimize the interference with operations, minimize environmental damage and protect adjacent
areas from flooding and runoff.
PART 2 PRODUCTS
1. APPROVED SYSTEMS
1.1. MEGGITT SYSTEM AS MANUFACTURED BY MEGGITT TRAINING SYSTEMS, INC.
OR PRE-BID APPROVED ALTERNATIVE must meet the criteria outlined in sections below.
2. STATONARY 360 DREGREE TURNING TARGET— MODEL AA2-OH
2.1. Turning target system power system supply shall be AC 115 VAC / 50Hz. The target turning
motor shall be electric turning. Hydraulic fluid or pneumatic turning motors are unacceptable
Agreement No. 5903
substitutes,
2.2. The target systems must have individual control from the Range Master Control Station.
Communication from individual targets to the Range Master Control Station shall be Serial Data
RS485. Data connectors to the target system must meet Mil- C- 26482 Series 1 Specifications.
2.3. The target system shall operate via Range MasterTM 9000 software. The system software must
control 1 to 500 targets. RM9000TM must have an emergency stop with all targets rotating to the
edge position when enabled.
2.4. Remote hand held tablet will operate the turning target system via Range MasterTM l OK software.
2.5. The master controller shall control all group targets and individual targets. The master controller
must have authoring software allowing range staff the ability to write individual training
scenarios for individual and group target scenarios.
2.6. The hand held tablet shall be capable of controlling all group targets and individual targets. The
hand held controller must be capable of loading, running, pausing, and resuming pre -loaded
training scenarios. The controller must provide manual override and emergency stop during
scenario operation.
2.7. The turning target must support the following functions:
2.7.1.Turning 90°, 180°, and 360° face and edge movements,
2.7.2.Must turn within 0.3 sec.
2.7.3.Must Face within 1.0 sec.
2.7.4.Target head must support tuning exposures for limited exposure in 15° position movements.
2.7.5.Friend and Foe Facing::
2.7.5.1. Target must face in either the friend or foe position.
2.7.5.2. Master control system must be capable of displaying target position in both the
friend and foe position.
2.7.5.3. The turning target must support edging from either the friend or foe position.
2.8. Target must support round hit sensing.
2.8.l.Target must support 9mm to 7.62mm round hit detection.
2.8.2. Round hit detection must calculate the number of rounds impacted on target to the master
control system.
Agreement No. 5903
2.8.3.All targets must have individual sensitivity control for hit sensor adjustment.
2.9. System must support hit detection for both friend and foe target exposures.
2.9.1.Target must communicate individual hits for both Friend and Foe target hits to the
RM9000Tm and RM 1 OK tablet.
2.9.2.Target hit sensing must support up to 600 rounds per minute detection.
2.10. The hit detection target head must support the following targets:
2.10.1. 3D molded targets.
2.10.2. Plastic flat targets.
2.10.3. Aluminum flat targets.
2.10.4. Corrugated plastic targets.
2.10.5. Targets must be able to be interchanged without the use of hand tools.
2.1 LNon hit detection turning heads must support the following targets:
2.1 1.1. Multipurpose wood upright target head must support 1" x 2" wood upright target
supports.
2.11.2. Rebar ]loop target head must support 1/2" rebar target hoop.
3. MODEL RM I OK -MASTER CONTROL CONSOLE AND WIRELESS TABLET CONTROLLER
3.1. A master control shall be furnished to provide manual and automatic (programmed)
operation of the firing range.
3.I.1.The master control console shall consist of the necessary hardware and software
components necessary to carry out the functions described in this specification.
3.1.1.1. The hardware shall be based on an IBM PC/AT compatible computer with
additional components and assemblies as necessary.
3.1.1.2. The software shall operate in the Windows environment.
3.1.1.3. Qty (1) Wireless Tablet interface controller
3.2. Identification — The master control shall be a Master Control Console, Model Range Master
10,000, as manufactured by MTS.
3.3. Functional description — The master control console has the ability to provide the below listed
functions, but shall be limited to the capabilities of the specific equipment outlined within this
division of work:
Agreement No. 5903
3.3.1.Manually or automatically control has the full potential functions of all target types
listed in the Bill of Material including face -left, face -right, random face, conceal, re -
expose last face, target illumination, and target movements such as downrange positioning
and return for monorail target systems.
3.3.2.Allow entry, editing, permanent storage, retrieval, execution and deletion of
conventional courses of fire (one shooter/one target) as well as advanced programs (one
shooter/multiple targets).
3.3.3.Permit starting, stopping, pausing, continuing, and restarting programmed courses and
scenarios.
3.3.4.Stop course in progress in the event of an emergency determined by the operator or
automatically upon an encroachment into the secure area protected by the optional
security system.
3.3.5.Download stored programs to selected individual control units.
3.3.6.Display targets graphically on the monitor in a manner representative of range layout.
3.3.7.Range display can be zoomed to any level desired by the operator.
3.3.8.Allow the writing of programmed scenarios to perform automatic, timed target
operation.
3.3.9.Sections of programs can be skipped, repeated and executed individually.
3.3.10. Provide on-line help through a HELP menu.
3.3.11. Provide dialog boxes, menus, buttons and other boxes as would normally be associated
with Windows-based software.
3.3.12. Providing the following menu items as a minimum:
3.3.12.1. Controls — select the various target devices and target control functions
3.3.12.2. Program — controls all program functions including buttons for Run, Pause,
Reset, Step and Close buttons and displays for Status, Elapsed Time, Step,
Instruction, Comment, Delay and Cycle.
3.3.12.3. Signals — controls signal light and range master call functions
3.3.12.4. Security — controls firing line and door security functions
3.3.12.5. View — allows zoom in/out and simulation views
3.3.12.6. Help — on-line help system functions
Agreement No. 5903
4. COMMUNICATIONS SYSTEM- MODEL EG58/67
4.1. Provide and install an Audio / Video Intercommunication System. This unit also enables the
Range Master to communications via a Public address system.
4.2. Designed for desk -top or wall -mount.
4.3. The desk type unit shall operate on 115 volt, 60 HZ and shall have the following controls:
4.3. L Individual Illuminated Call lamp.
4.3.2.Audio playback.
4.3.3.ON/OFF Button.
4.3.4.Channel Selection Buttons.
4.3.5.Occupied Lamp
4.3.6. Privacy Lamp.
4.3.7.Talk Button.
4.3.8.Volume Control.
4.3.9.Video Master Station.
4.3.10. Individual Lane video/ audio stations.
4.3.1 l . Paging adapter with Amp.
4.4. The unit shall house a 2 -way speaker/microphone.
4.5. Provide & install Qty (4) stall speakers and Qty (2) PA type Horn speakers, Power supplies,
paging adapter, amp and necessary cabling.
Agreement No. 5903
Appendix A:
Project Plans
Agreement No. 5903
. . ........ I ...................... . . ..... . . ..... . ........................................ . ..... ..........
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TROY SYSTEM"
MATERIAL IN THE FIELD MANAGEMENT INSTRUCTIONS
DELIVERY INSTRUCTIONS
1 Customers representative is responsible for receiving material, and shall sign Troy Acoustics Delivery Ticket, confirm and inventory the material on trailer is equal to
that listed on the bill of lading and Troy Acoustics Delivery Ticket and confirm the material is received intact and undamaged in full quantity before material is grounded
atdelivery site Customer shall fax a signed Delivery Ticket and signed Bill or Material immediately to 818-376-8495 upon receipt of shipment to delivery site
2 If materials are delivered damaged or short of full Delivery Ticket and bill of lading, the customer representative shall immediately contact Troy Acoustics Operations
personnel before unloading material, confirm error of shipment and obtain signature of delivery truck operator confirming quantity of damaged and/or missing material,
and take pictures of material damaged
3 If materials are site grounded and later found to be damaged or short of bill of lading count, replacement material and replacement delivery costs shall be the
responsibility of others or Customer
TRUCK UNLOADING
1 CW not Unload Froy Board: Tnuieniall by tiand from truck
2 When unloading or moving pallets of materials with forklift, take care that the forks do not extend past the width of the pallet skid being lifted so as to not scrape or pierce
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material bundled or stacked on adjacent pallets
3 Use extreme caution to not hit, scrape or dent the sides or corners of the Troy Board as this damages the material surface and finished appearance
4 Troy System materials MUST NOT be left exposed to the rain outdoors Once off loaded from truck, Troy System materials MUST be loaded into range area If left outdoors
in rainy or humid conditions, the Troy System material MUST be dried out prior to installation for at least 48 hrs +
STORAGE
1 Store all materials in a safe, secure and protected staging or storage area covered in a protective harder from the elements of weather
2 Do not unlbunffle Tray Boards and move or, re-Fdalhtlitize boands by hand toc solage,
3 Do not unbundled Troy Wool until it is staged near its installation location Material is shipped in compressed wrap and the individual bans will spread apart when opened
FIELD HANDLING
1 Wear hand protection
2 Allow for two field workers when handling full-size boards
3 Troy Wool Installation:
a When Troy Wool is ready for application, stagger bundles around range as close as possible to the surface location of where the balls will be installed
b Open bundle warp with a >11/2" utility knife 1 bundle = 3 bales = 42 baits
c. Spray adhesive enough to cover one batt square surface of wool and install wool
4 Troy Board Installation:
a When Troy Board is ready for application, stack the pallets staggered around the range so they are as close as possible to the surface location where the board will be installed
b Once located, break the pallet straps on the bundle of stacked boards
c Be careful not damage the board below when removing a top board from the pallet
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d Remove only one board at a time
a First, slide top board sideways, horizontally, to break the "sticky bond" between sheets
f Next, secure on long edge of board with one hand on top of horizontal sheet on stack below and with other hand, lift opposite long -edge so board rests vertically on edge on
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stack board stacked below
g Lift sheet vertically and rotate as needed, keeping board vertically oriented and place on wall
...........
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Agreement No. 5903
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