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CONTRACT 5918 Public Works Contract CLOSEDAgreement No. 5918 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND NATA CONSTRUCTION, INC. This CONTRACT is entered into this 3rd day of .lune, 2020, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and NATA CONSTRUCTION, INC., a California Corporation ("the Contractor"). 1. WORK. A. The Contractor agrees to perform the work listed in the SCOPE OF SERVICES, "Exhibit A", a copy of which is attached and incorporated herein by this reference. 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 famished 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 ONE I-IUNDRED MENTY-Ol' E THOUSAND NINE HUNDRED TI IIR' " Y-EIGITF DOLLARS ($121,938.00) which includes the original bid amount of $110,938.00 as well as a contingency amount, which may or may not be used, of $11,000.00 for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. Agreement No. 5918 TERM. The term of this Contract will commence on June 22, 2020 and will expire on September 30, 2021, unless terminated earlier pursuant to Section 4. 4. TERMINATION. A. City may tenninate this Contract at any time with or without cause. B. Contractor may terminate this Agreement at any time with City's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, Contractor will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by Contractor after receiving a termination notice will be performed at Contractor's own cost; City will not be obligated to compensate Contractor for such work. D. Should the Agreement be tenninated pursuant to this Section, City may procure on its own terns services similar to those terminated. E. By executing this document, Contractor waives any and all claims for damages that might otherwise arise from City's termination under this Section. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, the Contractor must pay its workers prevailing wages. It is the Contractor's responsibility to interpret and implement any prevailing wage requirements and the Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. See Section 7-2 of the Standard Specifications. 6. DISPUTES. Disputes arising from this Contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 7_ 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. 8. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 9. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole Agreement No. 5918 expense, will obtain and maintain during the term of this Contract, all necessary permits, licenses, and certificates that may be required in connection with the Work. 10. 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. 11. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 12. 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. 13. 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. 14. 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 City of El Segundo -Public Works 350 Main Street El Segundo, CA 90245 Attention: Lifan Xu (310) 524-2368 Agreement No. 5918 The Contractor Nata Construction, hie. 32564 Cullen Ct. Winchester, CA 92596 Attention: Horacio De La Torre (951) 210-8537 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. ACCEPTANCE OF ELECTRONIC 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 Agreement No. 5918 electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 21. 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. 22. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 23. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. Agreement No. 5918 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. CITY F EL :C UNI Sco itni City Manager NATA CONSTRUCTION, INC„ 16racio De La Torre CEO ATT Taxpayer ID No.44 Trac Weaver, City Cleric Contractor State License No.: 943562 Contractor City Business License No.: APPROVED AS TO FORM: �•1 for Mark D. Hensley, City Attorney Insurance Reviewed by: Agreement No. 5918 CONSTRUCTION INC. WINCHESTER. CA LIC#943562 (9S1) 698.7767 NATA CONSTRUCTION,INC. 32564 CULLEN CT. WINCHESTER CA 951.698.7767 CA LIC# 943562 DIR I.D. 1000001913 PROPOSAL FOR PROJECT: PW 20-03 "RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT" 342-362 EUCALYPTUS DR. EL SEGUNDO, CA 90245 Agreement No. 5918 PROPOSAL FOR THE RECREATION PARK SOFTBALL FIELD BLEACHER AREA EVIPROVEMENTS PROJECT PROJECT NO.: PW 20-03 Date � av • 2'3 1 20?0 Company Name: 1\3TpC W N'STV--u' - 4 l U 1\1 I I N c, . 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 effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U. S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I -C-1 Agreement No. 5918 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. BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C-2 Agreement No. 5918 BID SCHEDULE RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 Company Name:NC- Item No. Description BASE BID ITEMS QTY I Mobilization/Demobilization (not to exceed 5% maximum of Total Base Bid) Prepare design drawings and calculations for both the north/west and south/east softball bleacher areas under the supervision of a qualified and experienced State of California 2 Registered Structural Engineer, detailing concrete installation, aluminum bleacher structures, bleacher structural supports and anchoring connectors to the concrete, bleacher fabrication, and assembly. 3 Plancheck-related costs for El Segundo Building Safety plans review and approval 4 Remove existing bleachers and asphalt in the north/west bleacher area. Remove portions of stump and roots that will 5 conflict with construction in north/west bleacher area. Remove existing bleachers and asphalt in the 6 south/east bleacher area. North/west bleacher area: Furnish and install new concrete for a 1020-s.f area, and new 7 bleaclrcrs fora 42-f1 x 1041 area, hicludes procurement and installation of bleachers per the final designs and specifications. South/cast bleacher area: Furnish and install new concrete for a 1000-s.f area, and new 8 bleachers for a 50 -ft x 15 -ft area. Includes procurement and installation of bleachers per the final designs and specifications. Procure geotechnical services and reports for Building and Safety plancheck and procure 9 geotechnical services or certified testing laboratory for compaction and concrete sample testing during construction Continued next page I -C -3a Unit Price Total QTY Unit ($) ($) 1 LS i`�('d 1p , 3 Li 1 LS 1 LS I j=?ZD 1 LS N zgso 1 LS HK)'* 1 LS q f,315 1 LS 30 i5Li5 I LS 32t 1 lc 1 LS ) 1$00 -. Agreement No. 5918 ALTERNATIVE BID ITEMS (Determined by the City on an as -needed basis) Item Unit Price I Total No. Description LOTY Unit � () E (S) Additional cost to install vertical -picket -fence 10 guardrails in place of proposed chain -link -fence 1 LS 10119.3s.. Qiq JS guardrails in both bleacher areas. TOTAL BID ITEMS 1 THROUGH 10 $ ko �� .0O TOTAL BID ITEMS WRITTEN IN WORDS: All work shall be per these specifications and attachments.. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. I -C -3b I -C -3a Agreement No. 5918 BIDDER'S INFORMATION Company Name: ---W AT Pc BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) A)�Ipc - � % (o If corporation, State of Incorporation (i.e., California) -a lni Business 3ZS YA Uj \k7c� Address , X— C,\1 \- Cl Lsq �P Telephone No. S 74'�, CO Facsimile No. State Contractor's License No. and Class 9q 3510 Z DIR# I Date State License Issued 2— l-7- 10 Expiration Date The following are the names, titles, email 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: 0 All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: N I Vk I -C-4 Agreement No. 5918 BIDDER'S INFORMATION (CONTINUED) Company Name: N pt-rnt G(hNS"C"4 " CTION kNG Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: � oC�� c7 � �ajm or -r—V �VAOS.Q Vk•ts�� `- Title: TwS 1 do-rVek- �f C I -C-5 Agreement No. 5918 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, Y� n and seals of all aforenamed principals this day of N1N-CV\ . 20W BIDDER e'K LiC ��+35co2 Y, Subscribed and sworn to this -C"" day of f x(iC l .2020 A notary public or other officer completing this certificate verifies only the identify of the individual who signed the document to which this certificate is attached, and not NOTARY PUBLIC the truthfulness, accuracy, or validity of that document. a State of California, Cou* of+164 -� SU cr4W and sworn to (oVom—uffidle've me on fhb,� oy offh^re r 20,DQ tc.c%a ' � jq -roi pproved to me on the osis of satisfactory eyudence t(a be fhe persons) who appeared before me. I -C-6 otNotofy) KELLIE Calif' OW cowt�. 23Cti5r HOTM t"� iov Yv cum �E sip, 9, 2023 � PROPOSAL GUARANTEE BID BOND Agreement No. 5918 Bond No. 72250442 RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 1% -NOW ALL MEN BY THESE PRESENTS that, Nata Construction, Inc Corporation 32564 Cullen Ct., Winchester, CA 92596 (951) 698-7767 , as BIDDER, and WESTERN SURETY COMPANY Corporation 151 North Franklin St., 17th Floor, Chicago, IL 60606 (605) 336-0850 , as SURETY, are held and firmly bound unto the Ten Percent of City of El Segundo, in the penal sum of Amount Bid DOLLARS ($ Mo, which is ten ( ] W/o) percent of the total amount bid by BIDDER to the City of EI 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 EI 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, othem;ise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHERE OF the parties hereto have set their names, titles, hands, and seals this 24th March 20 day of 20 .................. BIDDER' Nata Construction, Inc `TTxUT TYyt CORPORATe " WESTERN SURETY COMPANY � . o— ................... SEAL� Subscribed and s"lo..._. ttARY IN:"LI Otto e ,- sworn o this ' day of 20 20 ......... NOTARY PUBLIC *Provide BIDDERISURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C-7 Agreement No. 5918 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 72250442 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint ------------------ LINDL_kgY MEIN7F1?... _._......... w_ its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Nata Construction, Inc Obligee: City of El Segundo Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board, of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in 'Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company, The corporate seal is notnecessary for the validity of any bond,q„ policies,, undertakings,, lowers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 72250442 .. is not issued on or before midnight of June 24, 2020 .. _ ,all authority conferred in this Power of Attorney shall expire and terminate. stern Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its is 24th day of March20210 WEST R SUREj;jY COMPANY _. q �F yS, lI I' Paul T. . n°uflat, Vice President ss On this 24th day of March in the year 2020 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of W ES*1 E SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. f4�r'kt^aw^�r*M�wwwr�r+w++a��ar�sWr'�o�ow�s'h!�rb4 �...............................�.� _...... J. MOHR NOTARY PUBLIC Notary Public - South Dakota L Ar SOUTH DAKOTA & ^^E5"'+!hw'�vM�;r:^4rMbM'r'�'w'4Wv'�nbmw'v4tiy + My Corcrtsra.a.sD.j,o a Expires chine 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this ........................... 24th — day of March2020 ........... ................., WEST ..'R SURET,Y COMPANY Paul T.ruallat„ Vice President To validate bond authenticity, go to ww+►^w.cnasur. etv.coni > Owner/Obligee Services > Validate Bond Coverage. Form F5306-10-2017 Agreement No. 5918 California Jurat Certificate A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 20 20 by e 1,0 day of UK L, h 1 proved to me on the basis of satisfactory evidence to be the person ) who appeared before me. .r.WIR COMM. N .. 9 1� NIOTI T'r PUBLIC - CALIFO(ZIIIA rRS!ilE C0WMY My Cuim. EEpires +-m 21, 2022 OPTIONAL INFORMATION l"rrsl u al drr aar vuat dlrorr,ze .l Gdor.;ume of ,: ocl rreaaap. pov e oseful dei relyre✓qd on the ,:stria :Prow +:� atoc rraP�;crl. Description of Attached Document The certificate is attached to a document titled/for the purpose of YIVNual A to containing _ pages, and dated Method of Affiant Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Affiant(s) Thumbprint(s) ❑ Describe: 1. 2. 3. Agreement No. 5918 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) BIDDER'S Contractor's License Number is: 9 y 3 S (c Z Class No.: V The expiration date of BIDDER'S Contractor License is: . 20 ZZ . 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 3 `Z� , 20 2d, at HOC( ANOL-c"► OR Typed Name Title (insert City and State where Declaration signed). W� `r -L-AnC Company Name I -C-8 Agreement No. 5918 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County ofj�(� �I C�o "Mj�d_�Q eing first duly sworn, deposes and say that he or she is of V�V><rp-- 'M� i Inc, the parry 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. QCT o-,%C�T c%-\oC - Signatur Name of Bidder/Company Name ��W�<r Typed Name Title I -C-9 N\ Cj . 23 - 20'0 Date Agreement No. 5918 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: 1kC- T j Business Name; _ �� nd nc . Business Address: �sq Telephone Number: � r� Dated this v2J day of M NY CV 20 20. I -C-10 Agreement No. 5918 DESIGNATION OF SUBCONTRACTORS RECREATION PARK SOFTBALL FIELD BLEACHER AREA RVIPROVEMENTS PROJECT PROJECT NO.: PW 20-03 Company Name: IL . %� co r� C ' As detailed in Section 2-3.1 (Page H -B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Description of Portion of Work Estimated Subcontracted $ Amount (Mak opies of this page if additional space is needed) L3 7-0 Signature of Bidder D to I -C-11 Subcontractor's Contractor License No., & Name of DIR Registration Subcontractor Address No. (Number and Street) (CSLB (City, Zip Code) (DIR #) 1v Description of Portion of Work Estimated Subcontracted $ Amount (Mak opies of this page if additional space is needed) L3 7-0 Signature of Bidder D to I -C-11 Agreement No. 5918 REFERENCES Company Name: NATA CONSTRUCTION, 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. 0 Project Title: Mountain View H.S. Bleacher Repair Location: 2900 Parkway Dr. El Monte, CA El Monte Union High School District 3537 JOHNSON AVE. EL MONTE, CA Name and address of owner NORMA MACIAS, DIRECTOR FACILITIES 626-444-9005 EXT. 9865 Name and current telephone number of person familiar with project Type of Work: REPAIR EXISTING BLEACHER WITH UPGRADES HOME & VISITOR Contract amount: $ 108,350.00 Date completed: Oct. 2019 Amount of work done by my/our firm under contract $ 108,350.00 Did your firm have any financial interest in Project? NO. Project Title: Rialto High School Stadium Bleacher Damage Repair Location: 595 S. Eucalyptus Ave. Rialto, CA RIALTO UNIFED SCHOOL DISTRICT 182 E. WALNUT AVE RIALTO, CA Name and address of owner GEORGE PALMA / 909-820-7700 Name and current telephone number of person familiar with project Type of Work: REPAIR EXISTING BLEACHER AT DAMAGED BURNED SECTION Contract amount: $ 43,655.00 Date completed: May, 2019 Amount ofwork done by my/our firm under contract $ 43,655.00 Did your firm have any financial interest in Project? NO. I -C-12 Agreement No. 5918 3. Project Title: Eisenhower High School Athletic Complex Stadium and Field Project Location: 1321 N. Lilac Ave. Rialto, CA RIALTO UNIFED SCHOOL DISTRICT 182 E. WALNUT AVE RIALTO, CA Name and address of owner CHERYL DECKER / 909-421-7555 Name and current telephone number of person familiar with project GRADING/ EARTHWORK, CONCRETE FOUNDATION AND INSTALLATION/ERECTION OF BLEACHERS Type of Work: HOME AND VISITOR SIDE WITH MODULAR PRESS BOX Contract amount: $ 275,000.00 Date completed: Nov. 2017 Amount of work done by my/our firm under contract $ 275,000.00 Did your firm have any financial interest in Project? NO. 4. Project Title: San Bernardino 11 H.S. At p11 tion Increment #2 Athletic Complex Renova Location: 1850 N. E St; San Bernardino, CA SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 NORTH F. ST. SAN BERNARDINO, CA Name and address of owner BRIAN WATT, PROJ MANAGER, FACILITIES / 909-388-6100 Name and current telephone number of person familiar with project: GRADING/ EARTHWORK, CONCRETE FOUNDATION AND INSTALLATION/ERECTION OF BLEACHERS Type of Work: HOME AND VISITOR SIDE WITH MODULAR PRESS BOX Contract amount: $ 175,000.00 Date completed: Jun. 2017 Amount of work done by my/our firm under contract $ 175,000.00 Did your firm have any financial interest in Project? NO.. I -C-13 Agreement No. 5918 5. Project Title: Davis Sr. High School Athletic Field Improvements Visitor Side Location: 315 W. St. #1914 Davis, CA DAVIS JOINT UNIFIED SCHOOL DISTRICT 1919 5TH ST. DAVIS, CA Name and address of owner GEORGE PARKER, DIRECTOR FACILITIES / 530-759-2182 Name and current telephone number of person familiar with project: GRADING / EARTHWORK, ASHAPLT PAVING CONCRETE FOUNDATION AND Type of Work: INSTALLATION/ERECTION OF BLEACHERS VISITOR SIDE Contract amount: $ 110,000.00 Date completed: MAY 2017 Amount of work done by my/our firm under contract $ 110,000.00 Did your firm have any financial interest in Project? N0. 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: BROKER: Linda Meinzer / Canyon Crest Insurance Services 951.784.0311 5051 Canyon Crest Dr. #104 Riverside, CA 92507 Bond Company: Jon J. Hudson / Western Surety Company 1.800.331.6053 PO Box 5077 Sioux, SD 57117 I -C-14 Agreement No. 5918 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS RECREATION PARK SOFTBALL FIELD BLEACHER AREA EMPROVEMENTS PROJECT PROJECT NO.,: PW 20-03 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. Have you ever been disqualified from any government contract? Yes 0 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]? des No 0 ABidl's Signature lkauql Z► Ail -co a Name (Please Print) I -C-15 Agreement No. 5918 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT NO.: PW 20-03 Company Name: T Mc - To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires 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." kAaJck\, . 2:,. 21)2c-) Date I -C-16 Agreement No. 5918 WARRANTY TERMS DESCRIPTION RECREATION PARK SOFTBALL FIELD BLEACHER AREA RVIPROVEMENTS PROJECT NO.: PW 20-03 Company Name: -T- \ Nc Please provide a brief description of any warranty terms for the bleachers or the construction or both, if applicable. In lieu of a written description, bidder can attach a sample warranty with terms outlined to this page and submit it with their bid. v,3 C.tck, ck!sS bo'c m oma,\ use "k S-E>,N i 01cc", C�er\tr4'- M ph e 23 . 2020 Date Bidd "s Siature I -C-17 Agreement No. 5918 Home '� CONTRACTORS STATE LICENSE BOARD La. c Contractor's License Detail for License # 943562 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. P CSLS complaintdlsdosureis restricted bylaw (S&P T124.6) Ifthisentiry is subject to public complaint disclosure click on link thatwlll appear below for more information. Click here fora definition of disdosableactions. P Only construction related civiljudgments reported to MILE are disclosed(B&P 7071.171. r Arbitrations are not listed unless the contractor fails to comply with the terrtu� s Due to workload there maybe relevantinformation that has not yet been entered Into the board's license database. Data current as of 3/11/202012:54:59 PM NATA CONSTRUCTION INC 32564 CULLEN COURT WINCHESTER,CA92596 Business Phone Number(951) 210-8537 Entity Corporation Issue Date 02/17/2010 Expire Date 0212812022 This license is current and active. Ali information balow should be revlowad, B- GENERAL BUILDING CONTRACTOR Contractor's Bond This license Filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number. 100107615 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractors Bond History Bond of Qualifying Individual The qualifying individual HORACIO NAVARRO DE LA TORRE certified that he/she owns 10 percent or more of the voti ng stock/membership interestof this company; therefore, the Bond ofQuallfying Individual is not required. Effective Date: 02/17/2010 This license has workers compensation insurance with the FALLS LAKE FIRE AND CASUALTY COMPANY Policy Number.FLA008979 Effective Data: 04/15/2018 Expire Data: 04/15/2020 Workers' Compensation History 15' k to T..)r C n&tiufas «'r lJe Pfivrcy Pciiit.y ,';ccc-s1 ility A ^:,.iilifit�r f;f fti`sic:�ti ,rt t=oll>.yrght C 2020 State of Cal.itorrniia 3/1112020 Contractor Information Legal Entity Name NATA CONSTRUCTION INC Legal Entity type Corporation Status Active Registration Number 1000001913 R'egistrat'ion effoctive date 07/01/19 Registration expiration date 06t,30120 Mailing Address 32564 CULLEN CT WINCHESTER 92596 CA Unit... Physical Address 32564 CULLEN CT WINCHESTER 92596 CA Unit... Email Address delatorre3030Qhotma1l.com Trade Name/DBA NATA CONSTRUCTION INC License Number (s) CSL13:943562 Legal Entity Information Registrations Registration History Effective Date Expiration Date 06/25/18 06/30/19 05109117 06!30118 06121116 06!30/17 08107/15 06/30/16 10/13114 06/30115 07/01/19 06/30/20 Corporation Entity Number: C3225723 271450884 President Name: HORACIO DELATORRE Ag lemic fer Service: Agent of Service Name: HORACIO DELATORRE 32596 CULLEN CT WINCHESTER 92596 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: Insured by Cartier Policy Holder Name: FALLS LAKE FIRE & CASUALTY COMPANY FLA008979-01 PGO 04/15/18 04/15/20 No Agreement No. 5918 NATA CONSTRUCTION INC https://oadir secure.force.conVContractorSearch/registrationSearchDetails 1/1 PETER ALDANA COUNTY OF RIVERSIDE ASSESSOR -COUNTY CLERK -RECORDER www.riversj deaci,.conl CERTIFICATE OF AUTHORITY Agreement No. 5918 Assessor Mailing Address (951)955-6200 P.O. Box 751 Riverside, CA 92502-0751 County Clerk -Recorder (951) 466-7000 Certificate Pursuant to 995.640(a) Code of Civil Procedure State of'California } ,s,s County of Riverside I I, Peter Aldana, Assessor, County Clerk -Recorder in and for the County of Riverside, State of California, DO HEREBY CERTIFY THAT the Certificate of Authority of WESTERN SURETY COMPANY issued by the Insurance Commissioner authorizing the insurer to transact surety insurance, has x has not been surrendered, revoked, cancelled, annulled, or suspended. Having been surrendered, revoked, cancelled, annulled or suspended, renewed authority has has not been granted. This certificate is issued relying solely upon the information furnished by the Insurance Commissioner pursuant to Article 2 (commencing with Section 12070) of Chapter 1 of Part 4 of Division 2 of the Insurance Code, In Testimony Whereof, I hereunto set my hand and affixed the seal of said County this 19th day of June, 2020 Peter Aidana Peter Aldana Assessor -Clerk -Recorder ACR 800 (Rev. 06/2013) , Deputy (Seal) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: NATA CONSTRUCTION INC AND WHEN RECORDED MAIL TO: AND MAIL TAX STATEMENTS TO: NATA CONSTRUCTION INC 32564 CULLEN CT WINCHESTER, CA 92596 Agreement No. 5918 � q()l I()10 O (� CA 06/19/2020 02:15 PM Fee: $ 122.00 Page 1 of 12 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 1111 k,IVCbf 11,6119iff.11 Space above this line for recorder's use only FAITHFUL PERFORMANCE BOND - RECREATION PARK SOFTBALL FIELD BLEACHER AREAS IMPROVEMENT PROJECT PROJECT NO: PW 20-03 - BOND NO. 72273692 TRA: DTT: Title of Document Exemption reason declared pursuant to Government Code 27388.1 EThis document is a transfer that is subject to the imposition of documentary transfer tax. This is a document recorded in connection with a transfer that is subject to the imposition of documentary transfer tax. Document reference: f— This document is a transfer of real property that is a residential dwelling to an owner - E] occupier. This is a document recorded in connection with a transfer of real property that is a Elresidential dwelling to an owner - occupier -Document reference THIS PAGE ADDED TO PROVIDE: ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional RK*idtN Fee Applies) 1628 PETER ALDANA COUNTY OF RIVERSIDE ASSESSOR -COUNTY CLERK -RECORDER wwwxivc5-M&icr.com CERTIFICATE OF AUTHORITY Assessor bW (951)955-eement 4a"t&jVress Riverside, CA 92502-0751 County Clerk -Recorder (951) 486-7000 Certificate Pursuant to 995.640(a) Code of Civil Procedure State of California I }ss County of Riverside ) 1, Peter Aldana, Assessor, County Clerk -Recorder in and for the County of Riverside, State of California, DO HEREBY CERTIFY THAT the Certificate of Authority of WESTERN SURETY COMPANY issued by the Insurance Commissioner authorizing the insurer to transact surety insurance, has x has not been surrendered, revoked, cancelled, annulled, or suspended. Having been surrendered, revoked, cancelled, annulled or suspended, renewed authority x has has not been granted. This certificate is issued relying solely upon the information furnished by the Insurance Commissioner pursuant to Article 2 (commencing with Section 12070) of Chapter 1 of Part 4 of Division 2 of the Insurance Code. In Testimony Whereof, I hereunto set my hand and affixed the seal of said County this 2nd Peter Aldana day of July, 2020 By: 6C 6e, Peter Aldana Assessor -Clerk -.Recorder ACR 800 (Rev. 06/2013) , Deputy (Seal) Agreement No. 5918 LABOR AND '�I<ATERIALS BOND RECREATION PARK SOFTBALL FIELD BLEACHER AREAS IMPROVEMENT PROJECT PROJECT NO.: PW 20-03 Bond No. 72273692 Bond Fee: Nata Construction, Inc .&q principal ("PRINCIPAL") and WESTERN SURETY 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 ONE HUNDRED TEN THOUSAND NIlYE HUNDRED THIRTY-EIGHT DOLLARS S� 110." 311.!00), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns; jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to Contractors, Subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S Subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in SPECIFICATIONS NO. PW 20-03 ("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 defwh 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 20-03, 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 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 Contra. ctors, Subcontractors, and persons renting equipment. I -F-1 Agreement No. 5918 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay- for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC" j. 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 20--03, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F-2 Agreement No. 5918 SIGNED -410ND SEALED this llfl' dayof June .20 20 ,ORl - 11PAU I'RESIDENTIDENT SUJF',`F)"s PRF,,SIDFNT JZY PL's A Us S MECRET PRINCIPA L's X1A1LE\G ADDRESS: SURETY's MAILING ADDRESS: 32564 Cullen Ct 151 North Franklin, 17th Floor Winchester, CA 92596 Chicago, IL 60606 MOTE: (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. IT -3 Agreement No. 5918 SIGNED AND SEALED this 11th day of Jll1e 20 20 tRI 1PAL° RESIDENT SIT ETY's PRESIDENT PRf " .'AL's S it .R:ETARY °R TY's SECR1�Tv�R PRINCIPAL's MAILING ADDRESS: 32564 Cullen Ct. Winchester, CA 92596 SURETY's MAILING ADDRESS: USEA 151 North Franklin, 17th Floor Chicago, IL 60606 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -F-3 Agreement No. 5918 6.Callfamia JuratCertificate IA notary public or other officer completing this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this day of IY]0: and „ proved to me on the basis of satisfactory evidence to be the personXwho appeared before me. :TP STA CHAVEZ I COMM 2250368 'In NOTARY PUBLIC -CALIFORNIA —t Ewa'RIVERSIDE COUNTY tai My Term Exp. August 15, 2022 OPTIONAL INFORMATION lilt"if/�i',) ';�(I6'i1;'d f I''!',I,„ I' r Y ri it I,,ril ^III IIII �I�^ �N��m H .. ,^BiNW,.M �yIhVll IIII � Description of Attached Document The certificate is attached to a document titled/for the purpose of Method of Affiant Identification UProved to me on the basis of satisfactory evidence: O forms) of identification O credible witnesses) P I Notarial event is detailed in notary journal on: V, PageEntry# ;pill Notary contact: AV, l containing _pages, and dated r� Other ❑ Affiant(s) Thumbprint(s) ❑ Describe: IOW" aIC 0 6 C'1u u Agreement No. 5918 wm�;IIZ4 �1 POWER OF ATTORNEY - CERTIFIED COPY Bond No. 72273692 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint.._...._..................................................... a.. NDA MARY MEIN.Z.T..R..................... ................ .-......... .. its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Nata Construction, Inc Obligee: City of E1 Segundo Amount: $1, 000, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 72273692is not issued on or before midnight of ctober 9, 2020 -,-.....0 .............�..... —, all authority conferred in this Power of Attorney shall expire and terminate. �y�a;:is'r� � I,, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its coa al"tkf 41a," this 11th day of Ja-i 11+k 2020 b " ^ PQ1 OR _ m WEST' R SURE'"" ''COMPANY �__ --_Vice President .'A Paul;TI!.fl.t,Ol r'A �� On this 11th day of June in the year 2020 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WE'V]E RN, eSUTtE"9. Y COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. NOTARY.MPUB N e r $, s (RONot Public -South Dakota SOUTH DAKOTA 1+�GMam�r�rb�ab�w+wha bM4r4gwryti4 My Commission Expires Ji.me 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In tesTtimoeny whereof, I have 2020 hereunto set my hand and seal of Western Surety Company this mm_111;; "I day of WEST : R SURE,5;IY SURE,;COMPANY .. ............. . ' -7� Paul T. 'rulla't, Vice President To validate bond authenticity, go to wvvw^.+cnasur_tty qjn > Owner/Obligee Services > Validate Bond Coverage. Form F5306-10-2017 Ir levil I" ALI MUM 11111I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California r County of _��✓�. personally appeared t 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 capecity(les), 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 correct. MERCEDES V. LA BON WITNESS my hand and official seal. Conintission Pto. z2z ;��7 I,l ; Ui _ NOTARY PUBLIC-CALIFORi:IA RIVERSI DE y^y EY My Comm ExpiFe DECHOBR 9, 2021 I Notary Public Signature I (Notary PubII0 $081) i. ..... .� _„_._ .._._._........ _ . _ . m.....__.__ _....._ . _ww__ . �,..��.,,,....W ., _...... ._. ................m.... I"N$TRUCTIONS AOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION thlt)hem vompherw'wA vueemit 'ol( r°nit Nlottttee e6odovin notorw Wording and. DESCRIPTION OP.. DOCUMENT THE ATTACHED DO if neao"oo”, �lttWo' l e t^ronlldwod amd onoe�e m the o°o°odupnerrt Aoknowla gnrent�t „ ttm ethos" wtatos ma), ire twrrtlaletud or dot ument), being sent to shot stole so long tw ai the twaordhiM doax not redrwtre tate "o)tfbenlo notary to witaltate of a'rnto notary (Title or description of alloched document) w State and County lnformallen must be the State and County whore the document algaiar(s) personally appoared before the notary public for acknowledgment, (Tlile Or deacriplion of ached document continued) Date of notarization mutt be the date that the signar(a) personally appeared which must also be the some date the etfknowwledgmont Is complotad� • The notary public must print hit or her name as it appears Within his or her Number of Pages —L— Document Date �'�' / commission followed by a comma and then your title (notary public), 0 Print the name(s) of document signors) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER *indicate she correct singular or plural forma by oro'ttlnit off Incorrect foams (Le. lndB+r'fdual �) Ias ihr„B Is t ) or circling the correct forms, pallure to correctly indicate this information may lead to rejection of document recording, 'g-l"Corporate Officer • The notary teal Impression mutt be clear and photographically raproducible, Impression must not cover text or lines, If seal Impression smudges, re -scat if a (iitle) sufficlent arca permits, otherwise complete a different acknowledgment form. 13 Partner(s) •Signature of the notary public must match the signature on f1lc wtith the offiee of ❑ Attorney -in -Fact the county clork. additional information is not required but could help to ensure this j p Trustee(s) iwknowIctijimont is not mi%"sed or attached to a different documcnt. ❑ Other indicate title or type of attached document, number of pages and We, 4, indicate the capacity clatmod'' by the 91 ,nor" If the Claimed Capacity Is a odoorate offlecr, indicate the title (I& f kb� r o duretary), "r; 1 ^ vaar+tion Wv6w-NotaryC•.°lAss o.orsnt a Securely attach dile document to the signed document with a staple. PETER ALDANA COUNTY OF RIVERSIDE ASSESSOR -COUNTY CLERK -RECORDER wwwAvenideaciwom CERTIFICATE OF AUTHORITY Assesso� aeement N�..a"dresl 951}95 -AO.x I Riverside, CA 92502-0751 County Clerk -Recorder (951) 486-7000 Certificate Pursuant to 995.640(a) Code of Civil Procedure State of California I }ss County of Riverside I 1, Peter Aldana, Assessor, County Clerk -Recorder in and for the County of Riverside, State of California, DO HEREBY CERTIFY THAT the Certificate of Authority of WESTERN SURETY COMPANY issued by the Insurance Commissioner authorizing the insurer to transact surety insurance, has x has not been surrendered, revoked, cancelled, annulled, or suspended. Having been surrendered, revoked, cancelled, annulled or suspended, renewed authority has has not been granted. This certificate is issued relying solely upon the information furnished by the Insurance Commissioner pursuant to Article 2 (commencing with Section 12070) of Chapter I of Part 4 of Division 2 of the Insurance Code, this Peter Aldana By: I In Testimony Whereof, I hereunto set my hand and affixed the seal of said County 19th day of Peter Aldana Assessor -Clerk -Recorder ACR 800 (Rev. 06/2013) , Deputy June, 2024 (Seal) Agreement No. 5918 FAITHFUL PERFORINLXNCE BOND RECREATION PARK SOFTBALL FIELD BLEACHER AREAS IMPROVEMENT PROJECT PROJECT NO.: PW 20-03 Bond No. 72273692 Bond Fee: ("PRLNCIP.4L") Nata Construction, Inc WESTERN SURETY COMPANY and , 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 ("SURET-V "), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of ONE HUNDRED TEN THOUSAND NINE HUNDRED THIRTY-EIGHT DOLLARS 110.9313.00'1, 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 20-03, 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 20-03, 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 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 aq 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 fimily bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or I -E-1 Agreement No. 5918 materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PAS' 20-03 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 eventthat it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E-2 Agreement No. 5918 SIGNED AND SEALED this 11th day of June .20 20 C- PWMOPAL's PRESIDENT --lU ETA"s PRESIDENt ...... .... . PR �iPAL'RS4,t"R'F.JARY PRINCIPAL's NIAILING ADDRESS: 32564 Cullen Ct. Winchester, CA 92596 'Y SURE, T'V's XWLING ADDRESS: RPD A 151 North Franklin- 17th Floor SEAL cago, 11. 60606 NOTE., (1) ALL signatui-es inust be acktiowledged bya notary public. Return one (1) original to City Clerks Okice. (2) Bond shall be effective for one (1) yeu after acceptance of the job, I -E-3 Agreement No. 5918 SIGNED AND SEALED this I Ith day_ of June -20 20 e -'" i € Ef`'.s 11 EStDE r P AL's PRESIDENT PRI 1'AL'g S ETA.PY PRINCIPAL'S MAILING ADDRESS: 32564 Cullen Ct. 6�IREITY-s 5E+ E'1CY 5gRETY , SURETY's MAILING ADDRESS: 151 North Franklin, 17th Floor Winchester, CA 92596 Chicago, IL 60606 NOTE: (1) ALL signatw•es must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E-3 Agreement No. 5918 Califorrilla,J�urat Certificate u A notary public or other of ricer 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. ll State of California S.S. County of Riverside Subscribed and sworn to (or affirmed) before me on this Ita day of E,19V , 20 420, by l l i �. .., and T proved to me on the basis of satisfactory evidence to be the personi' who appeared before me. µ " K 'TSTA HAvE2 ' ! , .sq 'm COMM' ... 2250368 W u µ NOTARY PUBLIC-CALWORIIIA � RIVERSIDE COUNTY (d _ km My Terms Exp, August 15, 2022 r r• I� OPTIONAL INFORMATION r�9V1",IP',"1'Y iV';) Iior! I ,IiIi,iy'd I IJ °j Idl; ' r,'''; i Yi'il1"!'1+; 1"' J,,,,,, 7r'd IW' 1,fl"'II'l;u I' J, 1: (, 88'r,llld ;i'1 (MI'I r 1!'1;`,I"Vl1'YI('IH Yr,,.+J Ir, urd IIT YI IJI;'Ir,r,+" V I,1i°' II Id. "I;,rI V I DY li :1 1, 1'., p fn Pm.M mi "IIIII�I rl 4tititiY�III Descrl tion of Attached Document The certificate is attached to a document titled/for the purpose of Method of Affiant Identification z Pro d' tome on: the basis of satisfactory evide'n'ce; -fov� (�''t ' (o, fomn(s) of identification O credible wilness(es) Notarial event is detailed in notary journal on: PageEntry# � �� Notary contact: �) containing _ pages, and dated Nr !" II other ❑ Affiant(s) Thumbprint(s) ❑ Describe: ^�r II A II'"' �'1' ai Il w' w r� u , v", a wd .ul V h' „ "il" p II IIV!I �. ,„ a �., � � k .., I,� ,lid I. �. wr, r� ifhV', i I,:,,, ,d I�r ""r I r�,.,, I pN��'� �u„"I d 1;.', , I F ^, '^ �"I ti,,, o rllo,n� I" VIS;;( "� N i ] 2FAX "Ir 112MA19KIIIIIII, . SjAMj1fj!R�j1jCjVjj" A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofq]� J'j —e� On 176 before me, personally appeared .,/�&c 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(les), 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 Callfornia that the foregoing paragraph is true and correct. MERCEDES V. LAYMON Coninussion No. 2224777 WITNESS my hand and official seal. NOTARY PUBLIC -CALIFORNIA 12') RIVERSIDE COUNTY MyComm. Expires DECEMBER 9,202i Notary Public signature (Notary PUbild 8481) INSTRUCTIONS FOR COMPLETING T141S FORM ADDITIONAL OPTIONAL lNF0RMAT10N7,jjqj,,,,, vj)"'I'lle" 111!01" �uurpvnj CalVoemia sionnes rojarding nalarp wording and, DESCRIPTION OF THE ATTACHED DOCUMENT nil"1010d anti andehita' fe) the, doogment Ackmaw1odgmdoll to 10" 01hem suites May bo coomplefedfar docklnon Is behig sent to filet lend '#om 0.0 file wording do#$ nev rvqlsjFe the calvoolla notary to Violate calvornia M0100y 4 (Title or desedption of allached document) o Stoic and County information mutt be the State and County whore the document oigneqll) personally appeared before the notary public for seknowlodgment a appeared which of must be the date that the sier(s) person (Title or description of attached document continued) mustDate also be thenotarization same date the acknowledgmentgnis completed.ally Number of Pages "� Document Date 'The notary public must print his or her name as It appow within his or her "The commission followed by a comma and then your title (notary public). 0 Print the name(s) of document signar(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 (Le. wqhe/ow�r 13 /M* ) or circling the correct forms, Failure to correctly Indicate this Individual (a) information may lead to rejection of document recording, Corporate Officer * 'I'he notary seal impression must be clear and photographieltHy reproducible. lin rosgion must not cover, text or lines. if tool Impression smudges, re -scat If a Aclont form,. (Title) s area permits, otherwise complete a different saknowledStntint 10 Partner(s) * Signature or the notary public must match the ilgrature on file with the Ace of 0 Attorney -In -Feet tho county clerk, 0, Additional information Is not required' but could help to ensure this r-1 Trustee(s) acknowledgment to not nuAuseil or attached to a d1tPorent document, Other 0 Indicate title or type of attached document, number orpages and dais, + Inditate the capacity Oalmad by the Al or, If the claimed capacity Is a corporate oMter, Indicate the titit (Le, NO, Clio, Secretary). I Vaeiinn wow %deurdly attach this document to the signed document with a staple, Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Actlon/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information NAIC #: California Company ID #; Date Authorized In California: !License Status: Company Type: 4State of Domicile: back to top NAIC Group List Agreement No. 5918 WESTERN SURETY COMPANY 151 N. FRANKLIN STREET CHICAGO, IL 60606 Effective Date I� 13188 II0761-7 07/29/1930 UNLIMITED -NORMAL Property & Casualty ,SOUTH DAKOTA NAIC Group #: 0218 CNA INS GRP Lines Of Business The company Is authorized to transact business within these tines of Insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY SURETY back to top © 2008 California Department of Insurance Page 1 of 1 https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 6/19/2020 Agreement No. 5918 CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 https://www. elsegundo. org/government/departments/city-clerk/bid-rfp Imps ://wwwv.els;ea_)undo,orv,/covetn III ent/detlartnlentS/vuI')Iie-works/ruttiest-t ubIie-works-bid MANDATORY PRE-BID MEETING TUESDAY, MARCH 17, 2020, AT 11:00 AM Recreation Park softball field north/west bleachers, Across the street from 319 Eucalyptus Drive, CA 90245 BIDS DUE TUESDAY, MARCH 24, 2020 AT 11:00 AM Agreement No. 5918 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, MARCH 24, 2020 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED 2 Agreement No. 5918 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages II -B-25 thru II -B-26 "LIABILITY INSURANCE". ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING A BID PACKAGE. The Contractor will be required to apply and obtain an Encroachment Permit from the City Public Works Department as well as any applicable Building/Safety Permit from the City Building Planning and Building Safety Department. The permits will be issued on a "no -fee" basis. The Contractor shall be responsible for calling the Building Safety Division for inspections. All noted deficiencies shall be corrected by the contractor. The project will not be accepted as complete until the contractor obtains a final sign -off from the Department of Planning and Building Safety. Agreement No. 5918 TABLE OF CONTENTS SECTION I — LEGAL A. NOTICE INVITING SEALED BIDS B. BIDDING INSTRUCTIONS 1. DEFINITION 2. BIDDER'S REPRESENTATIONS 3. BIDDING DOCUMENTS 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 5. PRODUCT SUBSTITUTIONS 6. SUBCONTRACTORS 7. ADDENDA 8. PRE-BID CONFERENCE 9. FORM AND STYLE OF BIDS 10. BID SECURITY 11. MODIFICATION OR WITHDRAWAL OF BID 12. OPENING OF BIDS 13. REJECTION OF BIDS 14. AWARD C. PROPOSAL 1. PROPOSAL, FIRST PAGE 2. BID SCHEDULES a. BASE BID 3. BIDDER'S INFORMATION 4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT 5. PROPOSAL GUARANTEE BID BOND 6. CONTRACTOR'S LICENSE DECLARATION 7. NON -COLLUSION 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 F. MATERIAL AND LABOR BOND 1-A-1 PAGE I -A -I TO A-3 I -B- I TO B-8 I -B-1 I -B-1 I -B-2 I -C-1 TO C-17 I -C-1 I -C-3 I -C-3 I -C-4 I -C-6 I -C-7 I -C-8 I -C-9 I -C-10 I -C-1 I I -C -l2 I -C-15 I -C-16 I -D-1 TO D-5 I -E-1 TO E-3 I -F -I TO F-3 Agreement No. 5918 SECTION II - GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS 11-A-1 TO A-2 1. REGISTRATION OF CONTRACTORS II -A-1 2. INSURANCE AND CITY BUSINESS LICENSE 11-A-1 3. EMERGENCY INFORMATION II -A-1 4. FURNISHING OF WATER 11-A-1 5. CALIFORNIA - OCCUPATIONAL SAFETY II -B-1 1-3 AND HEALTH ADMINISTRATION 11-A-1 6. SOUND CONTROL II -A-2 7. AIR POLLUTION CONTROL 11-A-2 8. WORKER UNIFORMS II -A-2 B. STANDARD SPECIFICATIONS II -B-1 TO B-34 0-1 STANDARD SPECIFICATIONS II -B-1 0-2 NUMBERING OF SECTIONS II -B-1 0-3 MODIFICATIONS II -B-1 1-2 DEFINITIONS II -B-1 1-2.1 ADDITIONAL DEFINITIONS II -B-1 1-3 ABBREVIATIONS 11-B-2 2-0 SCOPE AND CONTROL OF WORK II -B-3 2-1.1 ACCESS TO PROJECT SITE II -B-3 2-1.2 OWNERSHIP AND USE OF CONTRACT II -B-3 DOCUMENTS 2-3 SUBCONTRACTS II -B-3 2-3.1 GENERAL II -B-3 2-3.2 ADDITIONAL RESPONSIBILITY II -B-4 2-4 CONTRACT BONDS II -B-4 2-5 PLANS AND SPECIFICATIONS II -B-5 2-5.1 GENERAL II -B-5 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS 11-B-5 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS 11-B-6 2-8 RIGHT-OF-WAY II -B-6 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES 11-B-6 2-9 SURVEYING II -B-6 2-9.3 SURVEY SERVICE I1 -B-6 2-9.3.1 CONSTRUCTION SURVEYING II -B-6 2-9.3.2 MEASUREMENT AND PAYMENT II -B-7 3-3.2.2 BASIS FOR ESTABLISHING COSTS II -B-7 3-3.2.3 MARK UP II -B-7 I -A-2 Agreement No. 5918 SECTION II — GENERAL REQUIREMENTS (Continued) 3-3.3 DAILY REPORTS BY CONTRACTOR 3-4 CHANGED CONDITIONS 3-5 DISPUTED WORK 4-1.3 INSPECTION REQUIREMENTS 4-1.3.1 GENERAL 4-1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY 4-1.6 TRADE NAMES OR EQUALS 5-2 PROTECTION 5-2.1 INCORRECT LOCATION OF UTILITIES 5-4 RELOCATION 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION 5-5 DELAYS 5-5.1 CALCULATING IDLE TIME 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 CONTRACT SCHEDULE 6-1.2 CONTENT OF CONTRACT SCHEDULE 6-1.3 EFFECT OF CONTRACT SCHEDULE 6-1.4 COMMENCEMENT OF CONTRACT TIME 6-4 DEFAULT BY CONTRACTOR 6-4.1 GENERAL 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK 6-4.3 SURETY'S ASSUMPTION OF CONTROL 6-6 DELAYS AND EXTENSIONS OF TIME 6-6.1 GENERAL 6-6.2 EXTENSION OF TIME 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR 6-6.4 WRITTEN NOTICE AND REPORT 6-7.2 WORK DAYS AND WORKING HOURS 6-7.4 NIGHT WORK 6-7.5 WEEKEND AND HOLIDAY WORK 6-8 COMPLETION AND ACCEPTANCE 6-8.1 GENERAL GUARANTY 6-9 LIQUIDATED DAMAGES 6-9.1 FAILURE TO COMPLETE WORK ON TIME 6-11 DISPUTES AND CLAIMS; PROCEDURE 6-11.1 GENERAL 6-11.2 FORM I -A-3 PAGE II -B-12 II -B-12 II -B-13 II -B-14 II -B-14 II -B-14 II -B-14 II -B-15 II -B-15 II -B-15 II -B-16 II -B-16 I1 -B-16 II -B-16 II -B-17 II -B-17 II -B-17 II -B-18 II -B-18 II -B-18 II -B-18 II -B-18 II -B-19 Agreement No. 5918 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 6-11.1 OAPPEAL TO SUPERIOR COURT; WAIVER OF JURY TRIAL 7-2 LABOR 7-2.3 PREVAILING WAGES 7-2.4 RECORD OF WAGES PAID; INSPECTION 7-3 LIABILITY INSURANCE 7-3.1 GENERAL 7-3.2 INDEMNIFICATION AND DEFENSE 7-5 PERMITS 7-8.1 CLEAN UP AND DUST CONTROL 7-8.1.1 GENERAL 7-8.1.2 WATERING 7-8.6 WATER POLLUTION CONTROL 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 TRAFFIC AND ACCESS 7-10.2 STREET CLOSURES, DETOURS, BARRICADES 7-10.5 PROTECTION OF THE PUBLIC 7-15 HAZARDOUS MATERIAL 9-2 LUMP SUM WORK 9-3.2 PARTIAL AND FINAL PAYMENTS 9.3.3 DELIVERED MATERIALS 100-1 TERMINATION OF AGENCY LIABILITY I -A-4 PAGE II -B-20 II -B-21 II -B-21 II -B-21 II -B-22 1I -B-22 II -B-22 11-B-22 II -13-23 II -B-23 II -B-24 II -B-24 11-B-24 II -B-27 I1 -B-28 II -13-28 II -B-28 II -B-28 II -13-28 II -B-29 II -13-30 II -B-30 II -B-30 II -B-31 11-B-31 II -B-32 II -B-33 II -13-34 II -B-34 SECTION III — SECTION V PAGE Ill -A-1 THRU V -A-7 Agreement No. 5918 APPENDICES Appendix I — Project Location Map Appendix 2 — Typical No Parking Sign — El Segundo Standard ST -18 Appendix 3 — Preliminary Site Plans I -A-5 Agreement No. 5918 NOTICE INVITING SEALED BIDS FOR THE RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 20-03 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, MARCH 24, 2020 at which time they will be publicly opened. Bids will not be accepted after that time. As described in the Bidding Documents, the bids are for a public works project ("Project") which consists of the design and subsequent construction of the softball field bleacher area improvements per these specifications, the project preliminary plans, the 2016 California Building Code, any applicable El Segundo amendments, the ICC 300 Standard for Bleachers, Folding and Telescopic Seating, and Grandstands, and the most recent editions of the Standard Specifications and Standard Plans for Public Works Construction. The work proposes to design and construct the new concrete surface of the bleacher areas, to completely remove existing bleachers and to install new ones, as shown on the plans on file with the City's Public Works Department. Work on the Project must be performed in strict conformity with Specifications No. PW 20-03 as adopted by the El Segundo City Council on March 3, 2020 which is filed with the Public Works Department. Contractors bidding the project shall provide a minimum of five municipal references for building same or similar projects (in terms of scope, size, type, magnitude and complexity) for municipalities or entities of similar size and structure, as the prime contractor or major subcontractor in the past five (5) years. Bidders shall include City references, etc. to demonstrate qualification. 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 littr)s:/1\N,W\V.else tln(3o.oi,L,, ,-,over•giiiient/der)tti•tjiient.s/t)ti clic-woi°ks/re(]Liest-satiblis-kvorks-bid A MANDATORY pre-bid meeting is scheduled for Tuesday, March 17, 2020, at 11:00 AM at the Recreation Park softball field north/west bleachers, across the street from 319 Eucalyptus Drive, El Segundo, CA 90245. Failure to attend the mandatory meeting will disqualify your bid. All questions regarding the project are due to P�ttpas:/f��r�v�v.els�t�rldo.c�r�/�!r:rverrgoa�eitt/de�a��rt�nentsr`r,�Ml�1lc-°�vc�rk:s/'reca�mest-�:rrablic-v�°ot°ks..bicl' Agreement No. 5918 by Wednesday, March 18, at 4:00 prn. The terms and conditions for bidding on the Project are described in the attached Bidding This projectrcquinerpaymentof8tatcpreveiUngnstesofnmgesforLnsAnge|csCoun1y The contractor must post copies of the prevailing schedule at each job site. Copies ofthese rates of wages are available {ronn the State ofCalifornia Department ofIndustrial Relations Prevailing Wage Unit, Telephone No. (4|5)703-4774. The website for this agency iscurrently located u1 Note that the Project is subject to compliance monitoring and enforcement by California Department ofIndustrial Relations. Pursuant tnCalifornia law, the City must fiodbids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code 88 1725.5 and l77l.4iobcnonresponsive. The contractor to vvhwn the contract is awarded must assist in locating, qualifving, hiring and increasing the skills ofminority group employees and applicants for employment, asset forth in Executive Order 11246 and | l375. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates ofwages and apprenticeshipoo`p|oynleut 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 ofG|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. Five percent (5%) will bededucted frorneach progress payment and retained by the City. The remainder less the amount ofall previous payments will bcpaid tothe Contractor. Pursuuntto Public Contracts Code ("PCC") 8 2230O,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 CootnnctnrimuVLified,puryuaottVPC[8223OO"auysucbe|cutinuvvi|lbcoltbeCootnxotorovvn expense and will include costs incurred by the City to accommodate the Contractor's request. In entering into aPublic Works contract, ornsubcontract, to supply goods, services, or materials pursuant to upublic works contract, the Contractor, nrSoW+Cwntra«too, 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 4o[the Clayton Act (l5U.S.C.Section l5)orunder the Cartwright Act (Chapter 2 [commencing with 8ocdou 16700| ofPart 2 of Division 7ofthe Business and Professions Code), arising Orono purchases of goods, services, or materials pursuant to the public vvo,km )-&'7 Agreement No. 5918 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 EI Segundo, in a sealed envelope plainly marked on the outside: RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT "SEALED BIDS FOR PROJECT NO.: PW 20-03 IN THE CITY OF EL SEGUNDO DO NOT OPEN WITH REGULAR MAIL" The bid must be accompanied by a bid bond, made payable to the City of E1 Segundo for an amount no less than ten percent (10%) of the amount bid for the base contract. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the State Business and Professions Code. For these projects, those acceptable classes of license shall be "A". The successful Contractor and his Sub -Contractors will be required to possess the correct license for their project classifications, and valid City Business Licenses from the City of El Segundo. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written contract has been duly executed by the appropriate officer(s) of the City of El Segundo. DATED this 5th day of March, 2020. CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk 1-A-8 Agreement No. 5918 BIDDING INSTRUCTIONS 1. DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents. 1.1 "Addenda" means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.2 "Alternate" means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both. 1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda. 1.4 "Bidder" means a person or firm that submits a Bid. 1.5 "Bidding Documents" means the construction documents prepared and issued for bidding purposes including all Addenda. 1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates. 1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement. 2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that: 2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents. 2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents. 2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents. 2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor's State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000- 7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor "C" license in each such trade, (2) a General Engineering contractor "A" license, or (3) a General Building contractor "B" license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade. 2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to am Agreement No. 5918 this section must be made by production of verified certificate ofIicensure 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. 2.6 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.htini 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: latt��s:/lwv�Yar�.else�aiaadca.�.am°�:�overaama�em�t,�cle�K�m°tmt��:nts,�a�mr��lic-�vom•ks/i`ecl,uest- l)ublic-works-Laid 010 Agreement No. 5918 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 Segundo employees to discuss potential projects or ask questions regarding the bid. Questions Due by 4:00 pm, Wednesday, March 18, 2020 Questions Answered by March 23, 2020 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. No substitutions will be considered before award of Contract. Substitutions will only be considered after 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 EM Agreement No. 5918 site visit. The City requires all Pre -Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre -Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected. 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 EI 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 Agreement No. 5918 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 ofthe City of E1 Segundo and clarified prior to the submission of proposals. 10. BiD SECURITY 10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump 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 E1 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 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 20-03: RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS 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 Agreement No. 5918 expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terns, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith. 11. MODIFICATION OR WITHDRAWAL OF BID. 11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of such action will be given to the City in writing and signed by the Bidder's authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid. 11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements. 11.13 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted. 11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders. 11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the proposal guarantee. 11.16 The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. 11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City Business License, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 11.18 No mention shall be made in the proposal of the cost of bonds as all amounts bid will be deemed and held to include any such costs, which may be applicable. 12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly. 13. REJECTION OF BIDS. 13.1 The City will have the right to reject all Bids. 13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular. 13.2. l Unrequested/unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without inter]ineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 13.3 In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and I:. Agreement No. 5918 Professions Code. 14. AWARD 14.1 The City may retain all bids for a period of sixty (90) days for examination and comparison, and to delete any portion of the work from the contract. 14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City. 14.3 The City will have the right to accept Alternates in any order or combination, 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 One original of the Agreement signed by Bidder. 14.5.2 One original of the Payment Bond. 14.5.3 One original of the Performance Bond. 14.5.4 Certificates of Insurance on form provided by the City. 14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders' company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references. 14.5.6 Preliminary Contract Schedule. 14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention. 14.5.8 Cost Breakdown. 14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of Agreement No. 5918 any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract. 14.7 If Bidder submits the original signed Agreements and all other items within ten (10) days after receiving the City's notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder. 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. 5918 PROPOSAL FOR THE RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 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 effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of E1 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 E1 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. 5918 EOUAL E.N' II LON'MEN'1' OI'I"I)I "r L1 NIT4' CONIPL.IANCE,, BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affinmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDA"w rr 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, finn, 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. 5918 BID SCHEDULE RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 Company Name: Item No. Description QTl BASE BID ITEMSQTY .._.................................... Mobilization/Demobilization (not to exceed 5% 1maximum of Total Base Bid) 1 ............... Prepare design drawings and calculations for both the north/west and south/east softball bleacher areas under the supervision of a qualified and experienced State of California 2 Registered Structural Engineer, detailing I concrete installation, aluminum bleacher structures, bleacher structural supports and anchoring connectors to the concrete, bleacher fabrication, and assembly. Plancheck-related costs for El Segundo 3 Bui,ldip� Safes plans review,and approval P 4 Remove existing bleachers and asphalt in the I north/west bleacher area. Remo _ .............-.........r ve portions of stump and roots that will 5 conflict with construction in north/west 1 bleacher area. .................. 6 Remove existing bleachers and asphalt in the I south/east bleacher area. North/west bleacher area: Fumish and install new concrete for a 1020-s.f. area, and new 7 bleachers for a 42 -ft x 10 -ft area. Includes I procurement and installation of bleachers per the final designs and specifications. ......................... South/east bleacher area: Furnish and install new concrete for a 1000-s.f. area, and new 8 bleachers for a 50 -ft x 15 -ft area. Includes 1 procurement and installation of bleachers per the final designs and specifications. Procure geotechnical services and reports for Building and Safety plancheck and procure 9 geotechnical services or certified testing I laboratory for compaction and concrete sample testing during construction Continued next page I -C -3a .............. Unit Price Unit (S) LS LS LS LS LS ........................ LS LS LS LS Total M Agreement No. 5918 .............................. ALTERNATIVE BID ITEMS (Determined by the City on an as -needed basis) Item Unit Price Total No. Description QTY ..Unit ($) (S} Additional cost to install vertical -picket -fence 10 guardrails in place of proposed chain -link -fence I LS guardrails in both bleacher areas. TOTAL BID ITEMS 1 THROUGH 10 TOTAL BID ITEMS WRITTEN IN WORDS: All work shall be per these specifications and attachments. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. I -C -3b I -C -3a 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.) ._..... .................... I ............................. If corporation, State of Incorporation (i.e., California) �W. Business Address Telephone No. Facsimile No. State Contractor's License No. and Class Agreement No. 5918 DIR# Date State License Issued .............. Expiration Date The following are the names, titles, email 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. 5918 Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Title: I -C-5 Agreement No. 5918 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this _ day of .20 . . ..... I Subscribed and sworn to this day of .20—. NOTARY PUBLIC HMO Agreement No. 5918 PROPOSAL GUARANTEE BID BOND RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of E1 Segundo, in the penal sum of DOLLARS (S_), 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 E1 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. 5918 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: 20 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on , 20, at Signature Typed Name Title Company Name (insert City and State where Declaration signed). I -C-8 Agreement No. 5918 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. 5918 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: (' Dated this day of .20 I -C-10 Agreement No. 5918 DESIGNATION OF SUBCONTRACTORS RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 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. Name of Subcontractor Subcontractor's Contractor Description of License No., & Portion of DIR Registration Work Estimated Address No. Subcontracted $ Amount (Number and Street) (CSLB #) ..... .... ............................_. . (City, Zip Code) (DIR #) _..._.- .......... (Make copies of this page if additional space is needed) Signature of Bidder Date I -C-1 1 Agreement No. 5918 REFERENCES Company Name: IT The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $_ -11- — 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 arnount: Date completed; Amount of work done by my/our firm under contract Did your firm have any financial interest in Project? I -C-12 Agreement No. 5918 3. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? 4. Project Title: Location; Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ ................ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? I -C -I 3 Agreement No. 5918 5. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contractamount: $....................................................... 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. 5918 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 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. N 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 .............. ........I Name (Please Print) I -C-15 Agreement No. 5918 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT NO.: PW 20-03 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: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:Vll." 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 fore, 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. 5918 WARRANTY TERMS DESCRIPTION RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT NO.: PW 20-03 Company Name: Please provide a brief description of any warranty terms for the bleachers or the construction or both, if applicable. In lieu of a written description, bidder can attach a sample warranty with terms outlined to this page and submit it with their bid. Date I -C-17 Bidder's Signature Agreement No. 5918 END PROPOSAL SECTION I -C-18 Agreement No. 5918 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 This CONTRACT is entered into this day of 520 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and 1. WORK. , ("the Contractor") A. The Contractor will provide all work required by the Contract Documents (the "Work'). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D, "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. am Agreement No. 5918 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within one hundred twenty (70) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii, The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be detennined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 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. I -D-2 Agreement No. 5918 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the 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 Lifan Xu City Engineer City of El Segundo 350 Main Street, E1 Segundo, CA 90245 (310) 524-2368 The Contractor 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. I -D-3 Agreement No. 5918 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for tile 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. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I -D-4 Agreement No. 5918 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Scott Mitnick City Manager ATTEST: Taxpayer ID No. Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney 0 David H. King, Assistant City Attorney Insurance Reviewed by: I -D-5 Contractor State License No.: Contractor City Business License No.: Agreement No. 5918 FAITHFUL PERFORMANCE BOND RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 Bond No. Bond Fee: and ("PRINCIPAL") , 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 20-03, 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 20-03, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. ) 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 I -E-1 Agreement No. 5918 materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the E1 Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 20-03 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. 5918 . 20 SURETY's PRESIDENT SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY'S MAILING ADDRESS: _...... �................... NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E-3 Agreement No. 5918 LABOR AND MATERIALS BOND RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT PROJECT NO.: PW 20-03 Bond No. Bond Fee: (`PRINCIPAL") and as principal , a corporation incorporated under the laws of the State of _ and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO (`CITY") in the sum of DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in RECREATION PARK SOFTBALL FIELD BLEACHER AREA IMPROVEMENTS PROJECT, SPECIFICATIONS NO. PW 20-03 ("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 I. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 20-03, 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, 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. 1-F-1 Agreement No. 5918 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 20-03, 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 confonning with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F-2 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL'S MAILING ADDRESS Agreement No. 5918 ATI 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. I -F-3 Agreement No. 5918 SECTION 11 - (;ENERAL IIEOUIRENIEN"I'" CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGISTRATION OF CONTRACTORS No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of work to be performed under this Contract. 2. INSURANCE AND CITY BUSINESS LICENSE Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. 1MLRGI-. CY 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 One Thousand Four Hundred Forty -Four Dollars ($1,444.00) 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 Ten Dollars ($110.00) will be charged upon activation of the temporary meter. t.`AI_IFO1�N1A - OCCUPATIONAL SA171::TY & I IEALTH ADN11NIS"IRATION All work performed under this contract will be done in strict compliance with the Cal -OSHA Rules and Regulations, latest edition. ll -A-1 Agreement No. 5918 The Contractor will comply with all local sound control and noise level rules, neRu|udonsand ordinances that apply 1oany work performed pursuant tothe contract. Each internal combustion engine, used for any purpose on the Project orrelated to the Project, will be equipped with amuffler ofu type ,ccmnmnncoded bythe manufacturer. No internal combustion engine will bcoperated on the Project without said mnufflcr. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection ofpersonnel. 7. AIR POLLLYHONCONTROL, The Contractor isput onnotice that hcmust abide hvall existing rules and regulations ofthe 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. WORURUN[F0RMS, All workers under the employment of the Contractor or his/her Sub -Contractor will wear ail orange vest or an orange shirt while working in the public right-of-way. II -A-2 Agreement No. 5918 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD SPI:; 1-3 Agreement No. 5918 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 oftime (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. Greenbook — The most recent edition of the Standard Specifications for Public Works Construction. PCC — California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. ❑ (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time of Completion." 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 Southern California Chapters of AGC and APWA Hm Agreement No. 5918 WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association current edition and subsequent supplements ASA American Standard Association CITY City of E1 Segundo SSP State of California Standard Plans, current edition SSS State of California Standard Specifications, current edition SECTION 2 — SCOPE AND CONTROL OF WORK The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. 2-1.1 ACCESS TO PROJECT SITE Not later than the date designated in the current Contract Schedule submitted by the Contractor, 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 O\KNEI6I-11P AND USI, OF CONTRACT DOCUMENTS. The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 2-3 SUBCONTRACTS Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perforin that portion itself and that it will perform that portion itself. Agreement No. 5918 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 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. Agreement No. 5918 2-4 CONTlZi\(:"T 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 up 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 SlIFICIFICATIONS 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 are to be submitted to the City representative for approval prior to acceptance of the project as complete. 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 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 are 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. Agreement No. 5918 2-5.2 PRECEDENCE OF CONTRA CY 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 ACCL)RACY OF PLANS AND SI''CwC`11'IC..'A'I"IONS Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK ARIAS AND 1"AC'II.V_f"1E When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. Agreement No. 5918 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 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional paymentwill be made therefore. 3-3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3-3.2.2 (c), Too] 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: Agreement No. 5918 (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor............................................20 2) Materials......................................15 3) Equipment Rental ......................... 15 4) Other Items and Expenditures ...... 15 To the sum of the costs and markups provided for in this subsection, l percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 3-3.3 DAILY Rf11. 1010'S BY CON"1`RAC"I'(W 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 bythis subsection must be made part of the Claim as supporting data for the Claim. 3-4 CC,"1IANG D CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ("changed conditions"), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time Agreement No. 5918 period set forth in Subsection 6-11.3, the Contractor will be liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions will include, without limitation, the following: l , Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law. The Engineer will promptly investigate conditions that appear to be changed conditions. Tile 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. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. 3-5 DISPUTED WORK Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be detennined 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. ff 8 -9 -vol Agreement No. 5918 4-1.3 INSPECTION REQUIREMENTS Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4-1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the contract documents. The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the City Engineer. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor's cost at rates established by the City. 4-1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor. 4-1.6 TRADE NAM [.'S OR EQUALS Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal". Agreement No. 5918 For the City's consideration of a proposed "equal" item, the Bidder will submit, a minimum often (10) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item". At a minimum, the submitted documentation will include: • Written request with explanation of why the product should be considered as an equal product. • Material specifications. ■ Technical specifications. ■ Test data. Samples. Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days helbre the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the Greenbook. 5-2.1 1NC0RIU,-.(::.I.. LOCATION OF UTILITIES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing. 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the Greenbook. 5-4.1 lti: Sl'ONSIBILITY OF 9., T11-ITY REMOVAL 01� R1 I,OCIVI"1ON 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. Agreement No. 5918 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 detennined 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 C'AI.ClJI.AT[NG ll. l..l.: "LIME Equipment idle time will calculated in accordance with Subsection 3-3.2.2(c) 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(a). 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. I'l-e-Construction Me'etiil(.I: After contract award, the City will arrange for a pre -construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub -contractors to attend the meeting. 6-1.1 C(_.)NTRACT S( lED[.A,I~ 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) days of award. 6-1.2 CON'1 E 'r OF CON"l"R,d1C:"1" SC'l IEDI,,il,,l; The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: Agreement No. 5918 1. Schedules must be suitable for monitoring progress of the Work. 1 Schedules must provide necessary data about the time for the Engineer's decisions. 3.. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5, Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6-1.3 EFFECT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule 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 schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perforin, 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 No. 5918 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 ("OMMEN(°I-"M1:'N,'I"(')f CONTI�AC f TIME The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of fifteen (15) 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)EFAU1..1" 13Y CC NTIZACTOFA The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. 6-4.1 GENERAL Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City's interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVERT"l lE 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 and in place at the time of termination, less damages caused to the City by the Contractor's action or inaction. Agreement No. 5918 In the event of such termination of control, the City may do any one, or combination of, the following: 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; The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6-4.3 SURETY'S ASSUMPTION OF CONTROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City's forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. 6-6 DELAYS AND EXTENSIONS OF TIME Subsections 6-6.1 to 6-6.4 are deleted 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 Agreement No. 5918 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, fres, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the Engineer may, but is not required to, deem an extension of time to be in the City's best interests. 6-6.2 EXTENSIONS OF TIME If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6-6.4 WRI'ITI"N NOTICE AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. Agreement No. 5918 In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6-7.2 WORK DAYS AND WORKING HOURS City Hall is open from Monday thru Thursday lam - 5pm, and Friday lam - 4pm. It is closed 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 On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday work restrictions. 6-7.4 NIGHT WORK The following paragraph is added to Section 6-7 of the Greenbook: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6-7.5 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-8 COMPLETION AND AC..CE'PTANC .E: Subsection 6-8 is deleted in its entirety and replaced by the following: The Work will be inspected by the Engineer for acceptance upon the Engineer receiving Agreement No. 5918 the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of I year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Conti -actor 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 G1: NERAL GUARANTY The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom, which will appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 6-9 LJO[J]DATED DAMAGES Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and replaced by the following subsections. 6-9.1 6=AILLIZ1`11"O COMPLETE WORK ON TIME If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be $250 per calendar day, 6-11 DISPUTES AND t: [,)A PROCEDURf" 6-11.1 GENERAL Agreement No. 5918 Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 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 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: 1. A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. 3. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, Agreement No. 5918 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 7 days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. 8. A personal certification from the Contractor that reads as follows: "I, , BEING THE _.. (MUST BE AN OFFICER) OF (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES." Agreement No. 5918 6-11.3 CLAIMS SUBMIT [J) TO ENGINEER Within 30 days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6-11.4 CLAIM I5 PREREQUISITE TO OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 6-11.5 DECISION ON CLAIMS The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than 10 days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 60 days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. 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 30 days of the date of this decision, the decision will be come final and binding and not subject to further appeal." 6-11.6 APPEAL OF ENGINEER'S DECISION, Agreement No. 5918 Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within 30 days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 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 30 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 II -B-22 Agreement No. 5918 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 A1'l'l.::Al_ TO SI_u1'Ll lt. R (.:`(JURT: WA110.1'1� (:l1 .IL40" 1..,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 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 (.''AIMS P OCFSS 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 Green Book. II -B-23 Agreement No. 5918 7-2.3 PREVAILING WAGES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 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. 11-B-24 Agreement No. 5918 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 will 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 which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers" Compensation ISO FORM CL 00 02 01 85 or 88 CA 00 01 01 87 COMBINED SINGLE LIMIT $2,000,000 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Agreement No. 5918 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. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) 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 Agreement No. 5918 approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self-insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish.City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the 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 iNDEMNIFICA''HON AND, DFFENSL II -B-27 Agreement No. 5918 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 a] leged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: The Contractor will apply for permits required by the City Building Safety Division. 1I -B-28 Agreement No. 5918 These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle pennit 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 C:'I,.FANLJP AND DUST CONTROI.. 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 the laying of dust 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 a $300 meter deposit and the payment of a $50 service fee, 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 WA`"Fl� POI.d.,l.l"IION CONTROL L This section is supplemented by the addition of the following requirements which establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel Agreement No. 5918 berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the CONTRACTOR. (c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub - grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties. (f) No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7-9 PR0"I I_-"C`1°1ON AND RI:S'TORATION OF EXISTING; I"'r PROVI::MENTS Section 7-9 is supplemented by the following additional requirements: Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor's operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements. Relocations, repairs, replacements, or re -establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY Section 7-10 is supplemented by the following additional requirements: Agreement No. 5918 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, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771. 7-10.1 TRAI: F1C AND A(:'C"q:SS The Contractor will notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five feet to the edge of any excavation and 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 1I per Section 7-3 and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). 7-10.2 STREET CLOSURES. DETOURS. BARRICADES. Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper ofthirty (30) to one (1). Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. Where access to driveway or street crossings need to be maintained, minimum 1 1/4 inch Agreement No. 5918 thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7-10.5 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 7-15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the Greenbook: For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class 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 11-B-32 Agreement No. 5918 those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor, the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3-4 (Changed Conditions) of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook. If the Engineer detennines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the Greenbook. 9-2 LUMP SUM WORK Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9-3.2 PARTIAL AND FINAL PAYMENTS II -B-33 Agreement No. 5918 The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty-five (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, sub -contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. 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 11-B-34 Agreement No. 5918 the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 9-3.3 DEl VFR1:::1) MAI-E-JALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. 100-1 TERMINATION OF AGENCY LIABILITY Before receiving final payment, the Contractor will execute a Release on Contract" fore which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. - END OF SECTION - Agreement No. 5918 SF. 710N III -- SPECIAL PROVISIONS 1-0. GENERAL SCOPE. TIME FOR COMPLETION. AND LOCATION OF WORK 1-1. General Scol)e ol71N°('ark: The work to be done consists of furnishing all labor, materials, tools, equipment and incidentals for the design and subsequent construction of the softball field bleacher area improvements per these specifications, the project preliminary plans, the 2016 California Building Code, any applicable EI Segundo amendments, and the most recent editions of the Standard Specifications and Standard Plans for Public Works Construction. The work proposes to design and construct the new concrete surface of the bleacher areas, to completely remove existing bleachers and to install new ones. 1-2. Location ofthe Work: The Recreation Park softball field north/west and south/east bleacher areas are located on the east side of Eucalyptus Drive, between Holly Avenue and Grand Avenue, across the street from 619 Eucalyptus Drive. See the Appendices for a location map. 1-3. Workin- Daws and Time for C oninletion: 1. Contractor will commence design 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 both the designs and construction work within eighty (80) working days after the date of commencement. Construction in the softball field bleacher areas shall be scheduled to begin no earlier than October 5, 2020, unless agreed to otherwise by City staff prior to that date, and end nine calendar weeks after construction begins. 2. New concrete shall be installed within five (5) calendar days of removal of asphalt surface. 3. The last two weeks of December shall be a moratorium period, from December 21, 2020, 7:00 am to January 4, 2021, 7:00 am, during which no construction work shall take place on City streets or other public right-of-way. The contractor shall schedule their work such that no excavations are left open during those two weeks. 1-4. Examination of the Job Site The BIDDER shall make a detailed physical inspection of the site and submit any questions that may affect their bid price to City staff by the deadline provided on page I -B-3 before submitting his proposal. It is understood that the BIDDER has satisfied himself, before submitting his bid, regarding existing conditions and existing access which may affect bid prices for the proposed work. Measurement Verification: Contractor shall verify all field measurements and determine quantities prior to ordering materials. Contractor shall procure all material III -A -I Agreement No. 5918 and confirm all parts are onsite prior to beginning installation. 1-5. Standards Section 0-1 on page 11-B-1 of these Specifications is supplemented by the following additional requirements: 1. All work shall conform to the most recent edition of the Standard Plans for Public Works Construction (SPPWC), unless otherwise shown on the plans, 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. 1-6. Building Safetv and Public Works Encroachment Permits The Contractor will be required to apply and obtain applicable "no -fee" permits from the Public Works and the Building Safety Departments. The Contractor's work shall adhere to the City standards and applicable codes including the 2016 California Building Code, Plumbing Code, Electrical Code, and Mechanical Code, CBC Section 1607, and any applicable El Segundo Amendments. The Contractor's work must also comply with the most up-to-date version of the ICC 300 Standard for Bleachers, Folding and Telescopic Seating, and Grandstands. The Contractor shall call the Inspector at least 24 hours in advance for inspections. See also Section V. All noted deficiencies on permits shall be corrected by contractor. The project will not be accepted as complete until contractor obtains a final sign -off for all permits. 1-7. 1nsnectior. Section 4-1.3 on page 11-B-9 of these Specifications is supplemented by the following additional requirements: 1. On all questions relating to quantities, the acceptability of material, or work, the execution, progress or sequence of work, and the interpretation of specifications or plans, the decision of the Engineer or City Inspector 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 City staff. 3. Legible copies of material/weight certification shall be turned over to the City 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. 5. As stated in Section I1-6.7.2, working on Fridays when City Hall is closed is acceptable; however, the Contractor shall not pour concrete nor install backfill or asphalt on an off -Friday as these require inspections. Formwork inspection shall be scheduled the following Monday or available working day in those cases. 6. 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. 111-A-2 Agreement No. 5918 2-0. NOTIFICATIONS The CONTRACTOR will notify all agencies listed here in a minimum of forty-eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE I . Start of work, Floriza Rivera, Public Works Staff shutdown of work, Shawn Green, Recreation Supervisor or resumption of Chris Hentzen, Parks Superintendent work after Meredith Petit, shutdown Director of Recreation & Parks Lifan Xu, City Engineer Ken Berkman, Director of Public Works 2. Closing of streets E1 Segundo Police Department** El Segundo Fire Department** TELEPHONE 310-524-2361 310-524-2707 310-524-2716 310-524-2880 310-524-2368 310-524-2356 310-524-2200 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. Underground Service Alert (all excavation in public right-of-way) 800-227-2600 2. City of El Segundo — Water Division 310-524-2742 3. City of E1 Segundo - Wastewater Division 4. City of El Segundo - Recreation and Parks 5. Southern California Gas Company 6. Southern California Edison Company (SCE) 7. AT&T 8. Time Warner Communication (Cable) 9. Los Angeles County Sanitation District 10. El Segundo Unified School District I11 -A-3 310-524-2754 310-524-2707 310-671-9002 310-417-3366 310-515-4430 310-768-0400 Extension 414 310-699-7411 310-615-2650 Agreement No. 5918 3-0. USE OF PRIVATE PROPERTY The use of any private property by the Contractor is prohibited. The prohibited uses include, but are not limited to, the Contractor's use of water, electricity or natural gas from the private property, and storage of material or equipment and turning around/ parking of his vehicles on private property. 4-0. STORAGE OF MATERIALS AND I (' UIPMLIN 1. 1. No material or equipment shall be stored in the public right-of-way. 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 it 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. 5-0. SURVEY MARKERS In accordance with Section 8771 of the Business and Professional Code, the Contractor will be required to hire a licensed land surveyor to tie out documentation affected by the project prior to commencement of construction. The Contractor shall require the land surveyor to file corner records with the engineer; and re-establish and such monuments or benchmarks damaged or destroyed during construction and file corner records with the City of El Segundo Public Works Department after replacement. The Contractor is to verify if there are existing benchmarks, centerline ties, boundary markers or other survey markers in the project area and submit such verification to City staff prior to demolition/removal. If they cannot be protected in place, the Contractor's state -licensed surveyor is to re-establish them after construction. 6-0. QUALITY ASSL.JI�AN(,I[W Contractors shall exercise due care to assure procurement, storage and placement of materials from the site or offsite sources 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 perfonned by qualified personnel or III -A-4 Agreement No. 5918 independent testing services, for his guidance and control of the work. If required, the contractor shall provide and pay for inspection and testing by independent testing service selected by the Contractor and approved by the Engineer. Costs for all such inspections and tests will be paid by the Contractor. The Contractor shall bear the cost of retest and re -inspection of work redone due to non-compliance. III -A-5 Agreement No. 5918 SECTION IV — MEASUREMENT AND PAYMENT 1-0. GENERAL Proposed Bid prices shall be complete for each bid item. All bid items shall cover the costs for design, design support, plancheck costs, mobilization, Best Management Practices for NPDES pollution prevention, procurement, fabrication, construction, and demobilization activities as required for each item. Prior to bidding, the Contractor shall inspect project areas and bring any discrepancies to the City's attention. Should the contractor request and obtain permission to use admixtures for its own benefit, it shall furnish such admixtures and incorporate them in the concrete mixture at its expense, and NO additional compensation will be allowed. Should the City Engineer direct the Contractor to incorporate any admixtures in the concrete when their use is not required by these Specifications, furnishing the admixtures and adding them to the concrete will be paid for as Extra Work as provided in Subsection 3-3 of the Greenbook, as amended by these Special Provisions. 2-0 BASE BID ITEMS 2-1 NJol)ilizatiori/Deiiiol)ilizatiomi (Bid Item 1) See Section V for items considered under Mobilization/Demobilization, payment for which will be made on a percentage -completed basis of the bid price. The bid price shall cover full compensation for furnishing all labor, equipment, tools, materials and incidentals needed for doing all work involved in construction phasing and pedestrian traffic control per the MUTCD, per the WATCH manual, and as directed by the City Inspector and no additional compensation shall be allowed therefore. 2-2 1'reliare design draMvin�_,s and calculations...assembiv Bid Item 2) Payment for design of new facilities shall be made on a percentage -completed basis of the bid price. The bid price shall include the costs for furnishing all labor, equipment, tools, materials and incidentals needed to provide structural designs and calculations, underthe supervision of qualified and experienced California -registered Professional Engineer, for the new concrete, the bleachers, the bleacher supports and the anchoring connections between them; obtaining El Segundo Building Safety Division plan approval, revising plans as needed; and providing final stamped and signed mylars and electronic files of the approved plans. IV -A-] Agreement No. 5918 2-3 Plancheck-related costs for El Seaundo Building Saad'etv plans review and rt7tc;r�tl_llid Item 3) Payment for El Segundo Building Safety fees for plans review and approval shall be made on a percentage -completed basis of the lump sum price named in the Bid. The bid price shall include the costs for furnishing all labor, equipment, tools, materials and incidentals needed to provide multiple plan sets for correction, provide for plancheck fees and meet any other applicable Building Safety plancheck requirements for approval. 2-4 Remo %,e existing, bleachers and astilaalt in the n>rthA\est bleacher area Mid Item 4) Payment for removal of existing facilities shall be made on a percentage -completed basis of the bid price. The bid price shall include the costs for furnishing all labor, equipment, tools, materials and incidentals needed to remove existing asphalt and bleachers and properly discard them. 2-5 Remo \ac stump and roots... in the north/west bleacher area (Bid Item 5°) Payment for removal of tree stump and remaining roots, as well as installation and compaction of crushed miscellaneous base as needed, shall be made on a percentage - completed basis of the bid price. The bid price shall include the costs for furnishing all labor, equipment, tools, materials and incidentals needed to remove the organic material and construction debris to a depth of two feet below grade, properly discard debris, install subgrade, compact subgrade to 95% compaction, and prepare the area for concrete installation. 2-6 Remove existing bleachers and asphalt in the south/east bleacher area (Bid Item 6) Payment for removal of existing facilities shall be made on a percentage -completed basis of the bid price. The bid price shall include the costs for furnishing all labor, equipment, tools, materials and incidentals needed to remove existing asphalt and bleachers and properly discard them. 2-7 North/west bleacher area: Furnish and install new concrete and new bleachers. (Bid Item 7 Payment for installing new concrete and bleachers in the north/west bleacher area shall be made on a percentage -completed basis of the lump sum price named in the Bid Schedule. The bid price shall include the costs for compacting subgrade to 95% compaction, preparing the area for concrete installation, installing the new concrete; procuring the bleachers for the specified dimensions including shipping; and installing and anchoring the bleachers to the concrete. The bid price shall also include full compensation for compaction, formwork installation, expansion joints and details, finishing and curing, and maintaining existing drainage in the bleacher area to the City's satisfaction. IV -A-2 Agreement No. 5918 2-8 South/east bleacher area: Furnish and install new concrete and new bleachers. (Bid Item 8 W..__..... Payment for installing new concrete and bleachers in the north/west bleacher area shall be made on a percentage -completed basis of the lump sum price named in the Bid Schedule. The bid price shall include the costs for compacting subgrade to 95% compaction, preparing the area for concrete installation, installing the new concrete; procuring the bleachers for the specified dimensions including shipping; and installing and anchoring the bleachers to the concrete. The bid price shall also include full compensation for compaction, formwork installation, expansion joints and details, finishing and curing, and maintaining existing drainage in the bleacher area to the City's satisfaction. 2-9 Procure �guotcchnicatl scrw ices and renorts... and for comt)action an(] concrete tcstina, durinu construction (laid Item 9) Payment for procuring geotechnical services for soils reports or other geotechnical work, if necessary for structural design, and for procuring geotechnical services or a certified testing laboratory for compaction testing and preparation and testing of all required concrete samples shall be made on a percentage -completed basis of the lump sum price named in the Bid. 3-0 ALTERNATIVE BID ITEMS 3-1 Additional cost to install vertical-vicket-fence guardrail in place of chain -link -fence Guardrail in Doth bleacher area: (Bid Item 10) If approved, payment forthe additional cost to install vertical -picket -fence guardrail in place of chain -link -fence guardrail shall be made on a percentage -completed basis of the lump sum price named in the Bid Schedule. Payment shall include compensation for furnishing all labor, equipment, tools, materials and incidentals needed to cancel the chain -link -fence guardrails order, to procure vertical -picket -fence guardrails including fabrication and delivery, and to securely attach them to the new bleachers. 4-0 PAYMENT OF CHANGE ORDER ITEMS Payment of any change order item shall only occur if the item is added to the project scope through both a change order agreement and, if necessary, an amendment agreement. Contractor shall check with the City Inspector prior to proceeding with any potential change order work. A written Request for Information shall be provided to the City regarding potential change order work. Additional project work of exactly the same type and scope mentioned under the sections listed above shall apply the bid unit price used by the bidder. Costs for work not similar in type and scope to those listed in the sections above shall be agreed upon by the Contractor and City through a change order agreement. IV -A-3 Agreement No. 5918 Per Section 11-3-4, the Contractor shall inform City inspector of any changed conditions. The City Inspector and the Contractor together shall then record the date the changed conditions were found, the nature of the changes, the measurements taken, the time period for any additional labor, and the number and labor classification of those laborers. This information may be required for determining costs. Both agreements shall be completed by the Contractor and the City and the original purchase order updated prior to payments occurring for the change order items. A change order agreement greater than 25 percent of the original bid/contract amount also requires the approval of City Council before the purchase order can be updated and any payment processed for the change order. 5-0 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 or all bid items in order to determine payment for work completed. IV -A-4 Agreement No. 5918 SECTION V — TECHNICAL SPECIFICATIONS 1-0. 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: I . Obtaining all required permits 2. Meeting with City staff priorto design activities to fully discuss the items and details needed on the plans. 3. Completing and submitting or revising and submitting all necessary documents in a timely manner 4. Moving on to the site of all Contractor's equipment required for operations 5. Arranging for and erection of Contractor's work and storage yard 6. Posting all OSHA required notices 7. Submittal of Construction Schedule, Contractor Contact List, Striping Inventory, Survey Marking Inventory, and Notices to Residents for City approval/ 8. Notification of City staff and residents, pedestrians, and motorists, including posting of No -Parking notices, temporary warning and safety signage leading to areas where construction is occurring or where materials are being staged. Notices to Residents shall be distributed at least one week prior to construction. No Parking postings shall occur at least 72 hours before construction. 9. Re -notification of all residents for any construction schedule changes 10. Protection of utility facilities, landscapes, pavements, structures, and any existing condition and other public property in place during any construction activities. This includes protection of planter boxes and vegetation. 11. Traffic control, vehicular and pedestrian, as required per W.A.T.C.H. manual and MUTCD 12. Coordinating with Underground Service Alert (USA) or Dig Alert to mark underground utilities before any excavation. 13. Potholing as needed to avoid construction conflicts. 14. Coordination with utility agencies, street sweeper, and waste haulerto avoid conflicts during project activities 15. Providing Best Management Practices (BMPs) necessary to comply with NPDES requirements. 16. Bringing unforeseen field conditions to City staff s attention in a timely manner. 17. Clearing and grubbing, and landscape removal and replacement as necessary 18. Installing and removing of all temporary facilities required for operations 19. Restoration of private and public property damaged by construction activities to existing standard conditions or better upon demobilization 20. Removal and disposal of all formwork, nails, stakes, excess dried concrete, other construction debris, and unused material from the project sites. 21 . Removal of all USA markings after new improvements are installed. 22. Demobilization 1-1. Demobilization shall include all activities for the Contractor to remove all equipment, on-site sanitary facilities, etc. from the project areas after construction is complete. V -A-1 Agreement No. 5918 Demobilization shall also include general cleanup activities and specific punch list items/activities determined by the City Public Works Inspector, to repair or replace any private or public facilities damaged by the construction and return public right-of-way to the same or better condition as that existing prior to construction. 2-0. NOTIFICATION The Contractor shall submit all required resident and park user notices to the City at the pre -construction meeting for approval. The contractor shall hand -deliver approved Notices to all of the Recreation and Parks buildings and to residents living across the street from the east side of the park. The Contractor shall post the Notices in easily visible locations in each bleacher access area, at least two weeks before the project begins construction. Notices shall include the project times, dates, working hours, description of project activities, and description of any steps required of residents and park users to ensure safety and successful construction. The Contractor shall place delineators and dated "TEMPORARY NO PARKING" signs at motorist eye level along the staging area 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. See Appendix for City Standard detail for "Typical Temporary No Parking Sign". The Contractor shall inform the inspector or City staff every morning of all locations being worked on and all locations being posted for that day for TEMPORARY NO PARKING. 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. Postings shall adequately convey to the public the dates and tirne periods during the day when No Parking will be in effect at posted locations. Postings shall be removed as soon as possible if the construction schedule changes and the information on the postings is no longer valid, to allow the public to park in the area. The Contractor shall subrnit traffic control plans and a project schedule to City staff at the project pre -construction meeting. Any changes to the submitted plans and schedule must be submitted to staff prior to their occurrence. Traffic control shall adhere to W.A.T.C.H. manual guidelines. The contractor shall notify motorists of impending detours at least seventy-two hours prior to their occurrence, through the use of traffic control devices and postings. The Contractor shall also notify the Police Department, the Fire Department, the City street sweeper, the City waste hauler, and any affected utilities of the construction schedule and any changes to it. V -A-2 Agreement No. 5918 3-0. m'1mCT1tM DRAIN ..PROTECTION Nearby catch basin and storm drain openings must be protected with felt, straw wattles and sand bags to ensure that there will be no spillage into the City storm drain systems. Best Management Practices (BMP" s) shall be followed at all times during the project to protect the storm drain system. 4-0. EXCAVATION Grading, excavation and preparation of subgrade shall be done in accordance with, and shall include, all work specified in subsection 300-2, "Unclassified Excavation," and 301-1, "Subgrade Preparation," of the SPPWC, except as modified and supplemented herein. This item shall include all labor, equipment tools, materials and services required to complete all site and subgrade preparation and earthwork public right-of- way reconstruction areas, per City Standards. The existing asphalt must be sawcut and removed to clean straight lines, free of irregularities, to a depth sufficient to permit pavement removal without damage to adjacent facilities. Sawcut boundaries shall be either parallel or perpendicular to curb faces or walls. Material excavated and not needed for backfill shall be immediately removed and disposed of by the Contractor. Surplus materials shall be properly stored according to Best Management Practices and shall NOT be placed on private property. Changed conditions found during excavation shall be immediately brought to the Inspector's attention and the details of the change recorded by both the Contractor and the Inspector before formwork installation. See also Section 11-3-4. The Contractor shall ensure that areas shall be sufficiently watered down during demolition and construction for dust control. All removed materials shall become the property of the Contractor and shall be legally disposed of by the Contractor's representatives away from the site of work. (Note: there are no authorized dump facilities within the City of El Segundo) Spillage resulting from material hauling operations along or across any public traveled way shall be removed immediately by the Contractor at no expense to the City. 5-0. REPLA(,'lH'MEN"1` OF DAMA(,:iC: TO EXISTING FACILITIES The Contractor shall take care to protect -in-place City and private property not in the project scope from any damage. If damaged during demolition or construction, City and private property shall be replaced in type and kind or better. The Contractor shall guarantee to remedy any defects in the repaired areas within a period of one year from the date of final acceptance of the work unless a longer period is specified. City staff will give notice of observed defects with reasonable promptness. V -A-3 Agreement No. 5918 Any concrete, fencing, or materials removed beyond the limits established by the preliminary and final plans shall be reconstructed by the Contractor at his own expense and no additional compensation will be allowed. 6-0. CONCRETE INSTALLATIONS The Concrete mix design shall at minimum be Class 520-C-2500 unless otherwise stated in the final concrete designs. The mix design is subject to review and approval by the City Engineer no later than 14 days prior to first use. Any change in the mix design shall require approval by the City Engineer. Hand -mixing of concrete shall not be permitted. Additional water shall not be added to the concrete mix once it leaves the batch plant. The surfaces of all concrete shall receive a wood float finish. The designer and contractor shall mark, survey, or note existing drainage flow with the City Inspector prior to demolition, re-establish it during construction if removed, and ensure proper drainage after construction is complete. The Contractor shall relocate or restore all drainage outlets that fall within the scope of work. The Contractor shall inform the Inspector of any relocations and record those relocations and their new trajectory in as -built plans. All new concrete facilities shall be installed over a 2" thick ninety-five percent 95% compacted Crushed Miscellaneous Base (CMB) over ninety percent 95% compacted native subgrade. The contractor shall provide the City with compaction test results for both bleacher areas prior to pouring concrete. The subgrade shall have a sufficient moisture content such that moisture is not drawn out of the concrete. Cross slopes for new concrete surfaces shall be maximum 2% including at join areas. Contractor shall confirm acceptable storm water flow prior to project completion by using a City -approved method of water -testing. Bleacher installation shall not occur until drainage requirements per these specifications are met. 7-0. WAST I,IN i OF (W"ON'(' RI:;`I'E TRANSIT MIXERS Concrete transit mixers shall not be washed out on sidewalk, streets, or parking lots. Also refer to Section 7-8.6 of these Specifications on page II -B-28 regarding Water Pollution Control for additional requirements. 8-0. TREES AND ROOTS The Contractor shall contact Underground Service Alert, 1-800-227-2600, to determine the exact location of all utilities prior to beginning any tree root and stump grinding and/or removal. For the purposes of this project, a tree stump is defined as the remaining vertical portion of the tree trunk after the tree branches have been felled and removed, and the majority of the tree trunk has also been cut off and removed. V -A-4 Agreement No. 5918 For the purposes of this project, a tree root is defined as the portion of a tree that grows out of a tree trunk and can continue to grow above ground and/or under the ground, generally in a horizontal direction above ground and/or down into the ground, providing the tree with nourishment and support. Tree roots can be of any length or diameter. After a tree is removed, tree roots continue to extend from the tree stump. 8-1. Tree and Root Removals The tree stump in the north/west bleacher area shall be entirely removed by the Contractor, including any damaged portion of the fence. The Contractor shall cut out any remaining tree roots in the asphalt area to the full cross section of the new work a minimum of two (2) feet below finish grade. The area shall then be backfilled and compacted to 95% compaction prior to concrete placement. The contractor shall provide the City with compaction test results for both bleacher areas prior to pouring concrete. Tree stump and root removal shall be completed before installation of the concrete. 9-0. COMPACTION TESTING Soil compaction testing and certification shall be certified by a Geotechnical Engineer and provided and paid for by the Contractor. The soil testing company shall be subject to approval by the City Engineer prior to any testing. A relative compaction of ninety- five percent (95%) is required for the surface under the concrete, and areas not meeting the requirement shall be re -compacted and re -tested until a 95% compaction is achieved. All test results required per these specifications shall be submitted to City staff. 10-0. CONCRETE TESTING l�.l::M. IREM E'.NTS. The contractor shall determine the correct amount of concrete and other construction materials to be ordered to complete the project. For each concrete pour, the contractor shall prepare three concrete samples and have them tested for the required design strength by a certified testing laboratory, provided and paid for by the Contractor, 7 days and 28 days after the pour. All test results shall be submitted to the City. If design and/or strength requirements are not met, the Contractor shall resolve the issue(s) to the City's satisfaction at no additional cost to the City. 11-0. TRAFFIC CONTROL Traffic control, construction signage, and traffic maintenance shall comply with the applicable provisions of the SSPWC "Greenbook" Standard Specifications and the current requirements set forth in the California Manual on Uniform Traffic Control Devices published by the Department of Transportation, State of California, the Contractor's Traffic Control Plans and these Special Provisions. V -A-5 Agreement No. 5918 The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities forthe protection of pedestrians and motorists within the construction and staging area limits. Contractors shall maintain one lane of traffic in each direction at all times unless otherwise approved by City staff. The Contractor shall conduct his operations so as to provide reasonable access to the adjacent park property and have no greater length or quality of work under construction than he can properly prosecute with a minimum of inconvenience to the public and other contractors engaged on adjacent or related work. Pedestrian traffic through the bleacher areas shall be restricted as the Contractor deems necessary for safety. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 12-0. MINIMUM DESIGN REQLJlRla,MFNTS 12-1. The C(" )ntractor shall design. furnish. and install [lie IialioNvini in both bleacher areas: • The concrete surface including any base subsurface if needed • The bleachers • The anchoring system between the concrete and bleachers The Contractor shall prepare plans and specifications for construction per these specifications to be submitted to the City of El Segundo Building Safety Division for review and approval. The Contractor shall provide Public Works staff with an electronic file as well as a hardcopy of Building Safety -stamped plans when the plans are approved. 12-2. DesiLnis and acconvanvina structural calculatiOns IN'the concrete. h1cachers. and tale anchorins system betweegi theca shall. • Be signed and stamped by a Structural Engineer with a valid State of California license. • Comply with 2016 California Building Code, CBC Section 1607, and any applicable E1 Segundo Amendments • Comply with the most up-to-date version of the ICC 300 Standard for Bleachers, Folding and Telescopic Seating, and Grandstands • Comply with the most up-to-date version of the Standard Specifications and Plans for Public Works Construction + Comply with ADA standards • Be submitted to City of El Segundo Building Safety Division • Be re -submitted with corrections as needed until plans are approved and a Building Safety permit is issued V -A-6 Agreement No. 5918 12-3. Additional desiun reci uirements for the concrete surfaces: Approximate concrete areas are listed below. The contractor shall verify the area dimensions and include those in the design. • North/west bleacher area: approximately 1,020 s.f. 01 South/east bleacher area: approximately 1,000 s.f. Concrete desi.ans and specifications „shall also show: • Concrete classification to be used and 28 -day required strength • Concrete dimensions including depth • Details for any required footing • Details for any necessary reinforcement including type, dimensions, layout and orientation, and spacing • Anchoring system details for each set of bleachers • Details for any specific subgrade to be installed under the concrete, if applicable. • Removal of tree stump and roots down to two feet below grade in the north/west bleacher area, 95% compaction of backfill. Compaction test results to be provided to City. • Preparation for concrete pour and 95% subgrade compaction for entire bleacher areas. Compaction test results to be provided to City. • Details for any required special installation or joining to existing concrete • Existing drainage to be maintained or improved upon 12-4. Additional desiLm rcQuirerIIcnts for bleachers: Bleacher designs shall maximize the given bleacher space to provide the most rows and seating capacity to fit within the given area. Mininwin required number of bleacher rows are shown below: • North/west bleachers: 5 rows • South/east bleachers: 7 rows Bleacher designs and specifications shall also show: • The bleacher manufacturer to be used • Bleacher dimensions and connections for all parts in the bleacher structure • Non -elevated bleachers • One continuous set of bleachers • Seating capacity for each bleacher area • Designated wheelchair areas and companion seating that fulfill requirements for the bleacher seating capacity • Aisles • Anodized aluminum seating with safety end caps • Aluminum double footboards with safety end caps • Aluminum risers • Any opening between the seating components should prevent passage of a 4 - inch diameter sphere where o the footboard is 30 inches or more above the ground and V -A-7 Agreement No. 5918 o the opening would permit a fall of 30 inches or more. • Installation and attachment of chain link fence guardrail • Alternative design for installing and attaching vertical picket fence guardrail, if approved • Any opening between the guardrail components or under the guardrail should prevent passage of a 4 -inch diameter sphere. • Anodized aluminum pipe for the guardrails and handrails • Materials and finishes for all parts in the bleacher structure, including connectors and other appurtenances • Bleacher component fabrication specifications including loading tolerances and connection methods • Requirements that certified, experienced personnel shall perform the bleacher manufacturing • Adherence by contractor to manufacturer's installation procedures Bleacher installation and anchoring instructions, if not shown in the plans, shall be provided by the manufacturer to the contractor. 13-0. WARRANTY The Contractor and/or manufacturer shall provide any warranty terns with its bid. Any defects in materials or workmanship appearing during the period named in any applicable warranty or warranties shall be corrected without additional cost to the City. An electronic copy and a printed hardcopy of any applicable warranties shall be provided to the City upon project completion. V -A-8 Agreement No. 5918 SECTION VI — APPENDICES 1. Project Location Map 2. Typical No Parking Sign— EI Segundo Standard ST -18 3. Preliminary Site Plans V -A-9 Agreement No. 5918 APPENDICES 1. Project Location Map 2. Typical No Parking Sign—El Segundo Standard ST -18 Agreement No. 5918 APPENDIX 1 Project Location Map Agreement No. 5918 i � 19 h R WCD CD a' d O J n Z a U pal a ° m U JJ L T ac`c Agreement No. 5918 APPENDIX 2 Typical No Parking Sign — El Segundo Standard ST- %I - lx H M F— ue J co co COLOR LEGEND SIGN SHALL BE LIGHT REFLECTIVE AND BE RED MADE OF WATER RESISTANT STIFF CARDBOARD WHITE OR OTHER STIFF DURABLE MATERIAL, �DESIGN BY: P.B. CITY O DOCALIFORNIAORN to APPROVED B ENGINEERING DIVISION ... �.�` 11_14-�b'�u ' City Engin E4 Date DRAWNBY: Y.B. TYPICAL STANDARD DRAWING Na. DATE: 11. 13. 89 TEMPORARY PORARY NO PARKING SIGN Agreement No. 5918 APPENDIX 3 Preliminary Site Plans Agreement No. 59'18 Agreemeiit No. 5918 C 0 c ZR L .25 , 5; � 523 'D � < 2, O >0 "0 LLI -0 O¢O0 <40 KZ "u U LUx LU U1 W <DO I LU 2z z 'u, Www 71E 09 Oa .1 0, 1 z lu 0 uz 10 < U) gu a �WOI. < T- >- , 'w fn W u 0IS Z Z < :5 LL P: -u w , �u -ZZ �w -. 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