CONTRACT 5944 Public Works Contract CLOSEDAgreement No. 5944
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
HARDY AND HARPER, INC.
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
This CONTRACT is entered into this 2nd day of November. 2020, by and between the
CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and
HARDY AND HARPER, INC., a California Corporation ("the Contractor").
A. The Contractor agrees to perform the work listed in the Contract Documents,
"Exhibit Al and Exhibit AT", copies of which are 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 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 Three
Hundred Sixty -Four Thousand. Seven Hundred Thirtv-Nine Dollars ($364,739.00) which
includes the original bid amount of $312,000.00 as well as a contingency amount, which may
or may not be used, of $52,739.00 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. 5944
TERM. The term of this Contract will commence on August 24, 2020 and will expire on
March 1, 2021, unless terminated earlier pursuant to Section 4.
4. TERMINATION,
A. City may terminate this Contract at any time with or without cause.
B. Contractor may terminate this Agreement at anytime 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 tennination
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 terminated pursuant to this Section, City may procure
on its own terms 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.
5. 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. 5944
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 doingthe
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 Citv
City of El Segundo -Public Works
350 Main Street
El Segundo, CA 90245
Lifan Xu, City Engineer
310-524-2368
Agreement No. 5944
The Contractor
Hardy and Harper, Inc,
32 Rancho Circle
Lake Forest, CA 92630
Dan T. Maas, President
714-444-1851
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. 5944
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.
IN WITNESS WHEREOF the parties hereto have executed this Contract the day and
year first hereinabove written.
CITY OF EL SEGUNDO
-,Er
Cott Mitnick
City Manager
ATT T:
for
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
—ZA � lc--� for
Mark D. Hensley,
City Attorney
°
Insurance Reviewed by: Joseph ulho
HA DY AND HARPER, INC,
Dan T. Maas
President
Taxpayer ID No. 95-2251022
Contractor State
License No.: 21 5952 "A, C-8, C-12"
Contractor City Business
License No.:
July 1, 2020
Agreement No. 5944
Ex.".1.1'1".R] ,.
1, B
ADDENDUM NO. 1
to
THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS
for
PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
J
ATTENTION BIDDERS:
The following additions, modifications, and clarifications to the specifications shall be
included in, and become a part of, any contract which may be executed for the above
project in the City of El Segundo:
1. The bid due date and time are still Tuesday, July 7, at 11:00 am
2. Please see this project's attached Supplemeno Addendum 1 for contractor
questions, the City's responses to them, and additional information provided
during the job walk.
3. Please note the changes to the bid opening procedure listed in the Supplement.
As evidence that the BIDDER has read this Ad1-i' Uri, the BIDDER must acknowledge
same in the space provided below and submitAddendum with the Bid Proposal.
Failure to provide such acknowledgement s ader the bid as non-responsive and
subject to rejection.
Signature:
M
Print Company Name
rray - VfCe Prer'ddnt
Page 1 of 1
Date: 07/01/2020
350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489
Agreement No. 5944
CITY OF EL SEGUNDO
PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
ADDENDUM NO. 1 SUPPLEMENT
DATE: July 1, 2020
TO: All Prospective Bidders
The following questions have been raised regarding this bid. The response to each question
is provided here and made available to all prospective bidders. Further, a summary of
requirements discussed in Council Chambers at the pre-bid meeting are listed on Page 3. The
information and clarification provided in this Addendum shall be considered as incorporated
into the specifications for the above -referenced project. All other portions of Contract
Documents and previous Addenda not specifically mentioned in this Addendum remain in
force.
Question 1: Does the 25 working days include construction days for the alternative
California Street sections?
Answer: No. An additional five (5) working days will be added to the contract time if
the California Street alternative bid item is approved.
Question 2: On Pine Avenue, is the area with diagonal parking part of the project scope?
Answer: Yes. Grinding, paving, re -striping, etc. in the area with diagonal street
parking is included as part of the E. Pine Avenue project scope.
Question 3: What are the work hours for the three streets again?
Answer: E. Imperial Avenue: 9:00 am to 3:00 pm
E. Pine Avenue: 9: 7:00 am to 4:00 pm
(Alternative California Street bid item): 9:00 am to 3:00 pm
Question 4: What is the speed limit on eastbound E. Imperial Highway?
Answer: 50 mph. A traffic control plan will be required for all street sections and, if
approved, for California Street.
Question 5: What school is near Pine Avenue?
Answer:
Agreement No. 5944
1. Center Street Elementary School, on Center Street and E. Mariposa
Avenue, is one block north of E. Pine Avenue. August 26, 2020 is
scheduled as the first day of school this year. The school's contact
information is listed below.
www.ceiiterstreetsellool.or
700 Center St, El Segundo, CA 90245
(310) 615-2676
2. E1 Segundo Middle School, on Center Street and E. Holly Avenue, is one
block south of E. Pine Avenue. Historically the school has re -opened on
the second Tuesday in August. The school's contact information is listed
below.
www.else�-,tindotiiiddles,chool.or
332 Center St, El Segundo, CA 90245
(310) 615-2690
JULY 7, 2020 CHANGES TO THE BID OPENING PROCEDURE:
City Hall is located at 350 Main Street, El Segundo, CA 90245. At this time it is uncertain
which City Hall entry points will be accessible to the public when the building re -opens next
week. Given that, please follow the procedure below for next Tuesday's bid opening:
1. Each bidder's representative is required to wear a mask and maintain a 6 -foot
distance when interacting with City staff and others, and when they are inside the
building.
2. Instead of the City Clerk's Office, the bid opening will be held either in the City Hall
Council Chambers or in the foyer in front of the Council Chambers. These areas are
accessible through the double automatic doors on the west end (Main Street side) of
the City Hall Building. The double doors will be unlocked and opened 15 minutes
prior to the bid opening.
3. Bidders are more than welcome to submit their bid by the US postal service or other
carrier service. However, the bidder is resvonsible for veriNinR thcir bid has been
received in the Citv Clerk's Office iwior to the bid opening. nine. The City Hall number is
310-524-2300.
Agreement No. 5944
4. Bidders can also choose to submit bids in person. The City Clerk's Office will open
the doors 15 minutes before the bid opening and will accept bids at that time. Please
plan to be there early enough so that your bid may be received well before 11:00 am,
in case there are multiple bidders there to do the same thing.
5. The City Clerk's Office will collect bid packages and record them on a log sheet.
Having submitted their bid, bidders will wait outside the double doors in the quad
until the bid opening.
Bid packages will either be opened in the Council Chambers or in the foyer. Bid
amounts will be recorded on the log sheet and the log sheet will be signed by
representatives from the City Clerk's Office and the Public Works Department.
The Public Works Department will email the bid log sheet to all planholders shortly
after the bid opening.
Agreement No. 5944
NOTICE INVITING SEALED BIDS
FOR THE
FY 19/20 PAVEMENT REHABILITATION PROJECT
IN THE CITY OF EL SEGUNDO
PROJECT NO.: PW 20-01
The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main Street, E1
Segundo, California 90245, until 11:00 a.m. on:
TUESDAY, JULY 7, 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 traffic control, centerline tie surveys, asphalt cold milling, hot mix asphalt paving,
manhole adjusting, valve cover adjusting, striping and pavement markings, and related work. The
construction shall take place between August 24 and October 16, 2020.
Work on the Project must be performed in strict conformity with Specifications No. PW 20-01 as
adopted by the El Segundo City Council on June 16, 2020 which is filed with the Public Works
Department. Contractors bidding the project shall provide a minimum of five government agency
references, preferably municipal, for building similar projects (in terms of scope, size, type,
magnitude and complexity), as the prime contractor in the past five (5) years. Bidders shall
include references, etc. to demonstrate qualifications.
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, EI Segundo, California, 90245. Plans And Specifications are alternately available
electronically via lit-_�pt s:/lwww.elseLtindo.org�govem•titilentldet)fir-ttiiieiitS/` 13Ljblic-works/►-e(IlLie«'t-
Dublic-works-bid
A MANDATORY pre-bid meeting is scheduled for Monday, June 29, at 10:00 AM. The
meeting will be held at the northwest corner of the E. Imperial Avenue/California Street
intersection in E1 Segundo, CA 90245. Failure to attend the mandatory meeting will
disqualify your bid. Appendix 5 shows the project streets. All questions regarding the project
are due to littt)s://www.else ttrido.org�gover►iineiit/devat°tiiients/i)ublic-works/regtiest-LILiblic-
works-laid by Tuesday, June 30, 2020, at 3:00 pm.
The terms and conditions for bidding on the Project are described in the attached Bidding
Instructions.
This project requires payment of State prevailing rates of wages for Los Angeles County. The
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Agreement No. 5944
contractor must post copies of the prevailing schedule at each job site. Copies of these rates of
wages are available from the State of California Department of Industrial Relations Prevailing
Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at
www.dir.ca.gov.
Note that the Project is subject to compliance monitoring and enforcement by California
Department of Industrial Relations. Pursuant to California law, the City must find bids failing to
comply with all applicable Labor Code requirements including, without limitation, Labor Code
§§ 1725.5 and 1771.4 to be nonresponsive.
The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and
increasing the skills of minority group employees and applicants for employment, as set forth in
Executive Order 11246 and 11375.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment
standards established by the State Director of Industrial Relations will be required.
Affirmative action to ensure against discrimination in employment practices on the basis of race,
color, national origin, ancestry, sex, or religion will also be required.
The City of El Segundo hereby affirmatively ensures that minority business enterprises will be
afforded full opportunity to submit bids in response to this notice and will not be discriminated
against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration
leading to the award of contract.
Five percent (5%) will be deducted from each progress payment and retained by the City. The
remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to
Public Contracts Code ("PCC") § 22300, the Contractor may substitute securities for retention
monies held by the City or request that the City place such monies into an escrow account. The
Contractor is notified, pursuant to PCC § 22300, any such election will be at Contractor's own
expense and will include costs incurred by the City to accommodate the Contractor's request.
In entering into a Public Works contract, or a subcontract, to supply goods, services, or materials
pursuant to a public works contract, the Contractor, or Sub -Contractor, offers and agrees to
assign to the awarding body all rights, title and interest in, and to, all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter
2 [commencing with Section 167001 of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time the
awarding body tenders final payment to the Contractor, without further acknowledgment by the
parties.
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to
Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed
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Agreement No. 5944
envelope plainly marked on the outside:
FY 19/20 PAVEMENT REHABILITATION PROJECT
"SEALED BIDS FOR PROJECT NO.: PW 20-01
IN THE CITY OF EL SEGUNDO
DO NOT OPEN WITH REGULAR MAIL"
The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an
amount no less than ten percent (10%) of the amount bid for the base contract.
No bid will be accepted from a Contractor who has not been licensed in accordance with the
provisions of the State Business and Professions Code. For these projects, those acceptable
classes of license shall be "A" and "C-12". The successful Contractor and his Sub -
Contractors will be required to possess the correct license for their project classifications, and
valid City Business Licenses from the City of El Segundo.
The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and
to take all bids under advisement for a period of ninety (90) calendar days.
Any contract entered into pursuant to this notice shall become effective or enforceable against
the City of El Segundo only when the formal written contract has been duly executed by the
appropriate officer(s) of the City of El Segundo.
DATED this day of 32020.
CITY OF EL SEGUNDO, CALIFORNIA
Tracy Weaver, City Clerk
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State of California
County of Orange
Agreement No. 5944
HUGH NGUYEN
CLERK -RECORDER
CERTIFICATE OF ADMITTED SURETY INSURER
Certificate pursuant to 995.640(a) Code of Civil Procedure
PROPERTY RECORDS
BIRTH AND DEATH RECORDS
MARRIAGE LICENSES /RECORDS
PASSPORTS
FICTITIOUS BUSINESS NAMES
NOTARY REGISTRATION
ORANGE COUNTY ARCHIVES
1, Hugh Nguyen, County Clerk -Recorder of the County of Orange, State of California, in and for
said County, DO HEREBY CERTIFY THAT FIDELITY AND DEPOSIT COMPANY OF
MARYLAND has been issued a Certificate of Authority as an Admitted Surety Insurer by the
State of California Insurance Commissioner who authorized the Insurer to transact Surety
Insurance in the State of California and that based on the records in this office, that authority has
not been surrendered, revoked, cancelled, annulled or suspended,
In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the
seal of said County on 09/09/2020.
Hugh Nguyen, Orange County Clerk -Recorder
I,/Dcput p Clerk -Recorder
NORTH COUNTY BRANCH OFFICE
ORANGE COUNTY
OLD ORANGE COUNTY
SOUTH COUNTY BRANCH OFFICE
WELLS FARGO BUILDING
COUNTY ADMINISTRATION SOUTH
COURTHOUSE
LAGUNA HILLS CIVIC CENTER
222 S. HARBOR BLVD,, STE 110
601 N, ROSS STREET
211 W, SANTA ANA BLVD. ROOM 201
2,1031 EL TORO ROAD, SUITE 150
ANAHEIM, CALIFORNIA 92805
SANTA ANA. CALIFORNIA 92701
SANTA ANA. CALIFORNIA 92701
LAGUNA HILLS, CALIFORNIA 92653
(714) 834-2500
0 FAX (714) 834-2675 * WWW.00RECORDER.COM
9 WINW.00ARCHIVES'Com
Agreement No. 5944
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
FAITHFUL PERFORMANCE BOND
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Hardy & Harper, Inc.
("PRINCIPAL")
and Fidelity and Deposit Company of Maryland
. 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
THREE HUNDRED TWELVE THOUSAND DOLLARS ($312.000.00), lawful money
of the United States, which may be increased or decreased by a rider hereto executed in
the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY
bind themselves, their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 20-01, 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.
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 20-01, a copy of which is on rite 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 as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
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Agreement No. 5944
completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 20-01 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 PACE]
am
SIGNED AND SEALED this 20th day of
Ha & Harper, Inc.
Ps A'sPPESII)EN r
DE T. Maas 6
PRRqCIPAq.s SECRETARY
Kristen Paulino
PRINCIPAL's MAILING ADDRESS:
Agreement No. 5944
August 2020
Fidelity and Deposit Company of Maryland
SURETY)kXpVj&8H)E= Dwight Reilly,
Attorney -in -Fact
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
Hardy & Harper, Inc. Fidelity and Deposit Company of Maryland
32 Rancho Circle 777 South Figueroa Street, Suite 3900
Lake Forest. CA 92630 Los Angeles, CA 90017
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Offlce.
(2) Bond shat! be effective for one (I) year after acceptance of the job.
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Agreement No. 5944
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 08/20/2020 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwight Reilly
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature )C���,i-,U(Seal )
Melissa Ann Vaccaro
Agreement No. 5944
Bond No. 7664078
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND Still l+TYC"OIIPANY
111)1=: ATV AND DEPOSIT COMPANY OFMARYLAND
POWER OE<A'ITORNEY
KNOW ALL MEIN BYTHESE PR1 SINE'S: 'Chat the ZURICH AMERICAN INSURANCl COMPANY, at corporation orthe State of
New York, the COLONIAL AMERICAN CASUALTY AND SURE'l Y COMPANY, a corporation of the State of Illinois, anti the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation orthe State ofIllinois (herein collectively called the "Conlpan'ics"), by Robert
1). Murray, Vice President, in pursuance otauthority granted by Article V, Section 8, orthe By -Laws of said Companies, which arc set forth
ort the reverse side hereofand are hereby certified to be it) flill tbrce and effect oil the date hereof, do hereby nominate, constitute, and appoint
Dattiel HUCKARAY, Dwight REIE.,I.Y, Arturo AYALA., Shaunila ROZE'LLE OSTROM, Frank NIORONE:S, IEen STONC,
Michael 1). STONC, and JL NAPPI, all of Orange, California, EACI l its true and lawful agent and Attorney-in-fact, to make, execute, seal
and deliver, for, and oil its behalf as sorely, and as €is act and deed: any and all bonds and undertakings, and the execution of such bonds or
LIMICrlakings in pursuance ofthese presents, shall be as balding uport said Companies, as folly and arllply, it) all intents and purposes, as if
they had been duly executed and acknowledged by tine regularly clecled officers or the ZURICI I AMERICAN INSURANCE' C'OEvII't1NY
at its oil -ice in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDETI FY AND DEPOSIT COMPANY 01'
MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby ccrtity that the extract set Barth oil the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laves of said Companies, and is novo in force.
IN WITNESS Wl IEREO1", the said Vice -President has hereunto subscribed his/her names and affixed the Corporate: Seals of the said
ZURICH AMERICAN INSURANCL COMPANY, COLONIAL ANIFRIC'AN CASU.AU-'1'Y AND SURETY C ONIPANY, and
FIDELITY AND DEPOSIT COI`IPANY O1= MARYLAND, this 15th clay of.lanuary, A.E. , 2020
Ya '`pnWgt��L �„M
9AL
A`1 TE ST:
ZURICII AMI:RECAN INSURANCE, CO3NIPANY
COLONIAL AMERICAN CASUALTYAND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OEt i1IARYLAND
13.v. Rotten C), hdurru_t,
fire Presitlertt
til'- Down I'. Brown
Ser.'relllt'S'
State of Maryland
County of Baltimore
On this 15th day of lanuat'y, A.D. 2020, before the subscriber, it Notary I'uhlic orthe State of Maryland, duly commissioned and qualified, Robert
D. Murray, Vice President and Down E. Brown, Secretary of the Companies, to me personally knuvvn to be tfte individuals and ofitcers described in and
who exeeuted the preceding instrument, and acknowledged the execution of'same, and tieing by nse duly sworn, deposeth and said}, that helshe is the: said
ollicer of the Company aforesaid, and that tile; seals affixed to t€le preceding instrument are the Corporate Scats of said Companies, and that the said
Corporate Seals and t€se signature as such officer were duly attixed and subscribed to the said instaanent by the authority and direction cif the said
Corporat tolls.
IN TESTIMONY Wl IFRGOF, I have hereunto set my hand and affixed my Official Seal the Clay and year first above written.
j., pjj-S` 5.'
Constance A. Dural, Notary Public
My Commission E:xpiras: July 9 2€}23
Jrt1t o lW ��
Agreement No. 5944
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V. Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any I?xecu(ivc Vice President or Vice President
may. by written instrument trader the attested corporate seal, appoint attorneys -in -fact with authority to execute bo€ids, policies,
rccoguiranCCS. stipulations, undertakings. or other like instruments on behalf of the Company. and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto, all([ may 1Vith or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
L the undersigned. Secretary of the ZUIUClI AMFRiC'AN INSUIZANCE, CONIIIANY, Ole COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, and the FIEDI_,1,1I'Y AND DI;J'O.SIT COMPANY Of- MARYE.AND, do hereby certify (flat. the foregoing
Power of Attorney is still in fall force and eflcct on the date of this certificate: and I do further certify that Article V, Section 8, of the By -
Laws of the Companies is still in (brce.
This Power of Attorney and Certificate may he signed by lacsitnile under and by authority of'the folloVVing resolution of the Board of
Directors of (lie ZURICI I AMERICAN [NS( IRANCE; COMPANY at a €nceting (July called and held on the 15th day of December 1998.
RESOLVED: "`['fiat the signature of the President or a Vice President and the attesting signature ofa Secretary or am Assistant Secretary
and the Seal of the Colnpally inay he affixed by facsimile on Filly Povver of Attorney. -Any Such Power or any certificate thereof bearing such
facsimile signature and seal Shall be valid and Milting {tit the Company."
This Power of` Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of (lie Board of
Directors of the COLONiAL AMERICAN CASUALTY AND "if METY COMPANY at a meeting (July called and held on (he 5th day of
May. 1994. and the lollowing resolution of the Board of Directors of the F10FLITY AND DEPOSIT COM ['ANY OF MAIZYI,AND at a
meeting duly called and held au the 14th day ofMay, 1990.
RI".SOI.VE D: ""that file facsimile or mechanically reproduced seal ofthe company and facsimile or mechanically reproduced signature of -
any Vice -President. Secretary, or Assistant Secretary of the Company, whether nia€de heretoli>re or hereafler, wherever appearing upon ca
certified copy orally power of attorney issued by the Company, shall be Valid and binding upon the Company with the same force and effect
as (hough inalluahlyaffixed.
IN TFSTIMONY W11FREOF. I have hereunto subscribed my mime and affixed the corporate scalls of (lie said Companies.
this 20th day of August 2020
Unn,, QTY01 SEAL
13y: Brian M. I Judges
vice Presldelit
TO RE;POR'I' A CI_,AiNI N\'l'I'll RITGARD `I'O A SURE']')' BOND, PLEASE, SUB1\111C A COM PLL,"I`E IDESCRIP'1"ION
OF'1'11E CI.,AIM INCLUDING 1*11E PRINCIPAL ON `Fiff. BOND,T11E BOND NUMBER, AND "YOURCON'FACT
INFORMA11ON'1170:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
lywii,.retaoi tsfclai nisttizurielina.coiii
800-626-4577
Agreement No. 5944
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
. . . . . . . . . . . . .....
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On AugUsL20.2020 before me, Ashlie Blanchard. Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Dan T. Maas and Kristen Paulino
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) k/are
subscribed to the within instrument and acknowledged to me that tx/sKee/they executed the same in
Ns/her/their authorized capacity(ies), and that by Kt/hmr/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
L
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official sea].
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El Corporate Officer — Title(s):
0 Partner — El Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
Signer's Name:
[:,,Corporate Officer — Title(s):
0 Partner — C Limited E-1 General
[1, Individual Cl Attorney in Fact
E, Trustee 0 Guardian or Conservator
E Other:
Signer Is Representing:
02014 National Notary Association - www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) ltern#5907
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
I
Agreement No. 5944
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Bond No. 7664078
Bond Fee: Included in Perf Bond
Hardy & Harper, Inc. . as principal
("PRINCIPAL") and Fidelity and Deposit Company of Maryland 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
THREE HUNDRED TWELVE THOUSAND DOLLARS ($312.000.00). 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 such 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 20-01 ("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 20-01, 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.
I -F -I
Agreement No. 5944
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 20-01, or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the Contract documents or of
the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I -F-2
SIGNED AND SEALED this 20th day of
Ha 0y & Harp r, Inc.
mi
L' PIrSbf-N-T
:1 � 4" a
Da T,
PRINCIPALvs SECRETARY
Kristen Paulino
PRINCIPAL's MAILING ADDRESS:
Agreement No. 5944
August 2020
Fidelity and Deposit Company of Maryland
SURETY)§TJtMEqWT Dwight Reilly,
Attorney -in -Fact
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
Hardy & Harper, Inc. Fidelity and Deposit Company of Maryland
32 Rancho Circle 777 South Figueroa Street, Suite 3900
Lake Forest, CA 92630 Los Angeles, CA 90017
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 (I) year after acceptance of the job.
I -F-3
Agreement No. 5944
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document,
State of California
County of Orange
On 08120/2020 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwiqht Reilly
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct,
WITNESS my hand and official seal,
Signature {Seal}
Melissa Ann Vaccaro
Agreement No. 5944
Bond No. 7664078
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL ANIERICAN CASUALTY AND SURETYCOfNIPANY
FIDELITY AND DEPOSIT COMPANY OF NIARYLAND
POWER OF ATTORINNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of
New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation ofthe State of Illinois. and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert
D. Murray, Vice President, in pursuance of authority granted by Article V, Section 3. of the By -Laws of said Companies, which are set forth
on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate. constitute, and appoint
Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank NNIORONES, Ben STONG,
Michael D. STONG and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attornev-in-Fact. to make. execute, seat
and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents. shall be as binding upon said Companies. as fully and amply, to all intents and Purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE CONIPANY
at its office in New York, New York.. the regularly elected officers of the COLONIAL ANIERICAN CASUALTY AND D SURETY
COMPANY at its office in Owings Mills, Maryland- and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF
,MARYLAND at its office in Owings Mills. Mar -viand.. in their ovvii proper persons,
The said Vice President does hereby ccrtifp that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8- of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seats of the said
ZURICH ANIERICAN INSURANCE CONIPANY, COLONIAL ANIERICAN CASUALTY AND SURETY CO-MPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this l5th day of January. A.D. 2020,
N
5,
HAL
ATTEST:
91— ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTYAN'l) SURETYCOMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
BY Robert D,;V1urrq ' v
Vice President
BY: Dmw? E. Brown
SecrerarIv
State of Maryland
County of Baltimore
On this 15th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert
D. Murray Vice President and Dawn E. Brown. Secretary of the Companies, to me personally knov"n
to be the individuals and officers described it) and
who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said
officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies. and that the said
Corporate Seals and the signature as such officer were duly affixed mid subscribed to the said instrument by the authority and direction of the said
Corporations,
IN TESTUvIONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day e
and year first above written.
III It I t (fit,
Constance A. Dunn, Notary Public
My Commission Expires: July 9,2023
Agreement No. 5944
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V. Section 8. Attorneys -in -Fact. The Chief Executive Officer, the President. or any Executive Vice President or Vice President
may. by written instrument under the attested corporate seat, appoint attorneys -in -fact with authority to execute bonds, policies.
recognizances. stipulations. undertakings. or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seat thereto, and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned. Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SURETY CO1vIPANY. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing
Power of Attorney is still in full force and effect on the date of this certificate. and I do further certify that Article V, Section 8. of the By -
Laws of the Companies is still in force.
This Power ofAtiorriev and Certificate may be signed by facsimile under and by authority of the following resolution or the Board of
Directors of the ZURICFf,-kMERJCAN [INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Sea) of the Company may be affixed by facsimile on any Power of Attorney.,,Any such Power or any certificate thereorbearing such
facsimile signature and sea] shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the nth day of
,Mav, 1994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
Mectino duly called and held on the 10th day of'?Vlav, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of
any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same lbre.- and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seats of the said Companies,
this. 20th day of Auqust 2020
SEAL
By: Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
wwlv.revoi-tsfc[aim sfaizuriclina.com
800-626-4577
Agreement No. 5944
No, 2479-4
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SANT FltkNCISCO
Amended
Certificate of Authority
J
THIS IS TO CERTIFY ,hot, pursuant to the Insurance Code of dle State of California,
Fidelity and Deposit Company of Maryland
offifinois. orgonizedundcr the laws OfIllinois, subject to itsArdcles ofIncorporatior orolherjundatnentai
organizational documents, is herekv authorized to transact within this State, subject to all provisions qj I this
Certificate, the JbIlowing classes of insurance..
Fire. Nlarine, Suretv, Plate Class, Liability
Workers' Compensation,
Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle.
Automobile, Aircraft and Miscellaneous
us such cusses are Doti or ntdrt Frereafier be do/tried in the Insurance Latt.s of the State California,
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and herealier being in
-full compliance with all, and not in violation a{any, of the applicable latus and lawful requirentenis matte
under authority of the lenvs of theState of California as long as such laws or requirements are in effect and
applicable, anti as such h7ws and requirements now are, or neat' hereafter be changed or amended.
N* WITNESS WHEREOF, OjWtire as of the 12111 daY of :March.
2019, 1 have set atv hand and caused my
official seal to be axed this
12'h dtal of March, 2019.
Ricardo Lars
� z. �: ..,moi wi.': �: -�....
BY Valerie Sarfaty
for Catalina Ha-ves-Bautista
Insurance CriqfDepu,7v
NOTICE;
Qualification with the Secretary of State most be accomplished as required by the California Corporations Code promptly after
issuance of this Certificate of Authority. Failure to do so will be a violation ohnsurance Code section 701 and will be grounds for
revoking this Cerificare of Authority pursuant to the covenants made in the application thercfar and the conditions contained
herein.
Agreement No. 5944
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 Oranqe
On _Atioust 20 202-0-.-. before me, Ashlie Blanchard, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Dan T. Maas and Kristen Paulino
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iS/are
subscribed to the within instrument and acknowledged to me that Ile/sKe/they executed the same in
he/her/their authorized capacity(ies), and that by NG/hxr/thei r sig nature(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.
WITNESS my hand and official seal.
J'' . {_.,_ :' Signature
o. i:,
Signature of Notary Public
j...
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signer(s)
Document Date:
Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Corporate Officer — Title(s):
El Partner — El Limited El General
* Individual 0 Attorney in Fact
* Trustee 0 Guardian or Conservator
* Other:
Signer Is Representing:
Signer's Name:
0 Corporate Officer — Title(s):
11 Partner — 0 Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
E, Other:
Signer Is Representing:
02414 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Agreement No. 5944
CONTRACT DOCUMENTS
PLANS & SPECIFICATIONS
FOR
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
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
littt)s://'www.elsel,)Lliido.or�,li)ovei-rinient/ evai-tinents/i)Libiic-works/re0Ljestq)ubIic-",orks-bid
MANDATORY PRE-BID MEETING MONDAY, JUNE 29, 2020 AT 10:00 AM
At the northwest corner of the E. Imperial Avenue/California Street Intersection
EL SEGUNDO, CA 90245
BIDS DUE TUESDAY, JULY 7, 2020 AT 11:00 AM
Agreement No. 5944
BIDS WILL BE RECEIVED
UP TO THE HOUR
OF 11:00 A.M.
TUESDAY, JULY 7, 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
a
Agreement No. 5944
PROPOSAL
FOR THE
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Date 07/01 , 20 20
Company Name: Hardv & Harper, Inc.
TO THE CITY OF EL SEGUNDO:
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned
BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals
required for the above stated project as set forth in the Plans, Specifications, and contract
documents therefor, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans,
Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid
shall be considered evidence that the BIDDER has satisfied himself regarding the contract
documents, access and any other field conditions which may effect bid prices. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with the City of EI 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 EI 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. 5944
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been
due under the requirements of any agency, State, or Federal equal employment opportunity orders
have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business
enterprises for those portions of the work to be subcontracted, and that such affirmative actions
have been fully documented, that said documentation is open to inspection, and that said
affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore,
BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity
requirements of the contract documents.
NONCOLLUSION 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. 5944
BID SCHEDULE
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Company Name: Hardy & Harper, Inc.
BASE BID ITEMS
Item
Unit Price
Total
No. Description
Qty Unit
M
($)
Mobilization/Demobilization including traffic
`If1,7Z
381Sgl.a
1 control (not to exceed 5% maximum of Total
Base Bid)
I. LS
2 Cold mill 2" existing asphalt concrete pavement
144,380 SF
. HZ.
6m4m-
3Overlay 2" C2 PG 64-10 hot mix asphalt
144,380 SF
,
131 t 315.101
Adjust sewer and storm drain manhole covers
4
l2 EA
( $fry
to final grade
_
5 Adjust water valve covers to finalrade
29 EA
liia
fe
Remove and replace all traffic striping,
6 pavement markings, and pavement markers.
1 LS
Thermoplastic to be used for all striping and
markings. See Appendix 6.
................
ALTERNATIVE BID ITEM Determine b the �t
( Y j'
on an as -needed basis)
q
7 6 -inch dee asphalt repairs
Q p p p
1,000 1 SF
t0 i
t OI00
ALTERNATIVE BID ITEM (Determined by the City
on an as -needed
basis)
Grind and overlay of California Street between Imperial Highway
and Cul-de-sac (including
California
StAm erial Ave. intersection)
pCold
_
mill 2" existingasphalt concrete pavement�--mmmmITIT
._. p.......................................34,986
8
SF
.12-
r . tZr
9 Overlay 2" C2 PG 64-10 hot mix asphalt
34,986 SF
.91
.31 1431 .t
10 Adjust sewer and storm drain manhole covers 2 EA
to final grade
11 1 Adjust water valve covers to final grade 2 EA Q _ _ app
Remove and replace all traffic striping,
12 pavement markings, and pavement markers. I LS
Thermoplastic to be used for all striping and
markings. See AEpendix 6.
TOTAL BID =
31L 000-00
TOTAL BID WRITTEN IN WORDS:
All work listed on the bid schedule shall be per these specifications and attachments. Prevailing
wage rates apply. The City of EI 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-3
Agreement No. 5944
BIDDER'S INFORMATION
Company Name: Hardy & Harper, Inc.
BIDDER certifies that the following information is true and correct:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
S. Corporation
If corporation, State of Incorporation (i.e., California) California
Business Hardy & Harper, Inc.
Address 32 Rancho Circle Lake Forest, CA 92630
Telephone No.
714-444-1851
Facsimile No. 714-444-2801
State Contractor's License No. and Class 215952; A, C-8 & C12 DIR# 1000000076
State License Original Date Issued 03/13/63 Expiration Date 13/31/2021
The following are the names, titles, email addresses, addresses, and phone numbers of all
individuals, firm members, partners, joint venturers, and/or corporate officers having principal
interest in this proposal: Dan T. Maas -President, Treasurer- 32 Rancho Circle. Lake Forest, CA 92630 - 714-444-1851
Michael Murray - Vice President - 32 Rancho Circle. Lake Forest, CA 92630 - 714-444-1851
Steve Kirschner - Vice President - 32 Rancho Circle. Lake Forest, CA 92630 - 714-444-1851
Tanner Hambright - Vice President - 32 Rancho Circle. Lake Forest, CA 92630 - 714-444-1851
XR—sfe-ri S7T15U1 o - Corporate secretary - 32 Rancho Urcle, Lake Forest, (;A 9263U - 114-444--n"51
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
N/A
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
N/A
......................
I -C-4
Agreement No. 5944
BIDDER'S INFORMATION (CONTINUED)
Company Name: Hardy & Harper, Inc.
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name: Bry Marquez
Title. Bid Runner
I -C-5
Agreement No. 5944
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all a forenamed principals this 1 day of July 20 20 .
M-TI1113-3-151
Hardy & Harper, Inc.
Michael Murray, - Vice President
Subscribed and sworn to this day of , 20
NOTARY PUBLIC
I -C-6
Agreement No. 5944
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
x❑ See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any)
........................
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
ww„
f
Alts BLANCHARD
6' COMM
.rrecx �pi
#2279 50 N
i, Notary Public -California
ORANGE COUNTY u
r0v Comm Expires Nlarch 3,,'i023
2"
Seal
Place Notary Seal Above
Subscribed and sworn to (or affirmed) before me
on this 1 day of JUN 20 20 ,
by Date Month Year
(and (2)._..____. )
Name( of Signer)
proved to me on the basis of satisfactory evidence
to be the person(a) who appeared before me.
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages: Signer(s) Other Than Named Above:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910
BdngWe A_- 40 944
PROPOSAL GUARANTEE
BID BOND
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.; PW 20-01
KNOW ALL MEN BY THESE PRESENTS that,
Hardy & Harper, Inc. , as BIDDER, and
Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of Ten Percent Prot Arnount Bid DOLLARS (SIL/6), which is ten
(10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated
project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and
severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about
to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if
said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and
time specified, then this obligation shall be null and void, otherwise it shall remain in full force
and effect in favor of the City of El Segundo.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this
2nd day of July 2020
BIDDER* Hardy & Harper, t .
'132 Rancho Circle
Lo Forest, CA 92630, (714) 444-1851
777 South Figueroa Street, Suite 3900
SURETY* Fidelity aeposit Company of Maryland Los Angeles, CA, 90017, (213) 270-0600
vp
Dwight Reilly, Attorney -in -Fact
Subscribed and sworn to this day of
1411 N. Batavia St., Suite 201,
Orange, CA 92867 (714) 516-1232
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. 5944
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 07/02/2020 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwiqht Reilly
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Si9 nature M � " ���CC,CVND (Seal)
Melissa Ann Vaccaro
MELISSA ANN VACCARO
COMM. #2241394
Notary Public -California �
ORANGE COUNTY a'
fw1+F Comm. Expires May 12, 2022
Agreement No. 5944
Bond No. CSBA-14404
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of
New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert
D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth
on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint
Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG,
Michael D. STONG and R NAPPI, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY
at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2020.
NAwaroil
,,
IP
aIEAL
°C°�._\ low
�J 0CAN! r � yew
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
;dr
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 15th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert
D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and
who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said
officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said
Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
......
ell
y„ r*Ghxw`A, h*
Constance A. Dunn, Notary Public
My Commission Expires: July 9,2023
'✓P,Ptl Nptg5 qM^��
Agreement No. 5944
"Article V, Section 8, Atiorne,,j-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by waritten Instrument Under the attested corporate seal, appoint anorrieys-in-lhel with audiority to execute bonds, policits.
rccognizances, saipaal xciutas. andertaldnas. or other like instruments on behalf of the Company, and may authorize am officer or any stwb
attorney-in-fact to aflix ilic corporate seal thereto; and may o,,ifli or %vidiout cause modify ofrevoke any such appointment or authority at any
time.
CERTIFICATE
I, die undersigned, Secretary of the Z1.400-1 AMERICAN INSLqRANCF CCAJPANY, the COI,.ONL,\L AiNIERICAN CASkJAL I'Y
AND Sl-"tome
URECOMPANY, and the FIDI"I ITY AND DEPOSIT COMP,�,kNY OF MARYLAND, do hereby cer66that the lbrqp"Ting
Power ofAttorney is still in fall force and effect on the date ofthis certificatc., and I do hinher certify that Art; -
Laws of the Companies is still in force. icie N�', Scetion & Of Elie By
Laws
Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors ofthe ZURICH AMERICAN INSURANCE COMPANY at a meeting duty called and held on the 15th day ofDecember 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "'Mat the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of
any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 2nd day of JUIY 2020
ogseolls
SEAL
31T Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OFT E CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich. Way
Schaumburg, IL 60196-1056
800-626-4577
Agreement No. 5944
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On July_ 2. 2020 before me,
Date
personally appeared Michael Murrav
Ashhe Blanchard, Notary Public
Here Insert Name and Title of the Officer
Name(;^ of Signer(l)
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is/aye
subscribed to the within instrument and acknowledged to me that he/sO(e/thpey executed the same in
his/her/their authorized capacity(iQs), and that by his/har/their signature(i5) on the instrument the person(5a),
or the entity upon behalf of which the person(x) acted, executed the instrument.
Place Notary Seal Above
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature k
Signature of Notary Public
OPTIONAL ...
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: .............. _,,,,,_,,,,.— Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
ASHLIE BLAMCHAROr
COMM. #2279550 N
Notary Public-Califernia 0
ORANGE COUNTYIL
My Comm. Expires March 3, 2023��
Place Notary Seal Above
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature k
Signature of Notary Public
OPTIONAL ...
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: .............. _,,,,,_,,,,.— Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Agreement No. 5944
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
1. BIDDER'S Contractor's License Number is:
215952 Class No.: A, C-8 & C12
2. The expiration date of BIDDER'S Contractor License is:
12/31 w 20 21
3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions
Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his or her
contractor's license number appears clearly on the bid, the license expiration date
is stated, and the bid contains a statement that representations herein are made
under penalty of perjury. Any bid not containing this information, or a bid
containing information which is subsequently proven false, shall be considered
non-responsive and shall be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations made
by the undersigned in this bid proposal are true and correct.
Executed on 07/01
Lake Forest, CA
, 20 20, at
SigNtata
Michael Murray
........................................................ __....
Typed Name
Vice President
Title
Hardy & Harper, Inc.
Company Name
I -C-8
rt City and State where Declaration signed).
Agreement No. 5944
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
) ss.
County of Orange )
Michael Murray , being first duly sworn, deposes and say that he or she is
Vice President of Hardy & Harper, Inc.
............ _....
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid
is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other BIDDER, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained
in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
Sigrlat�
Michael Murr
Typed Name
Vice Preside
Title
I -C-9
Hardy & Harper, Inc.
Name of Bidder/Company Name
07/01/2020
Date
Agreement No. 5944
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))Fthis contract."
Signature of Bidder
Title:
Business Name:
Business Address-
Telephone Number:
Dated this 1
..................
Michae Murray -'
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA
( ) 714-444-1851
day of July 2020 .
I -C-10
sident
Agreement No. 5944
DESIGNATION OF SUBCONTRACTORS
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Company Name: Hardy & Harper, Inc.
As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies
that it has listed below all subcontractors who will perform work in excess of one-half of one
percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and
will perform that portion of the work itself.
Name of
Subcontractor Address
A jjj , (Number and Street)
zq
(City, Zip Code)
(A 411,11
S•(utor 1 v �� 63 IL C{rre59 Sj
E05
1) f, fl, �'
.... Sub ............... - - — ,.,,,
contractor's
Contractor Description of
License No., & Portion of
DIR Registration Work Estimated
No. Subcontracted $ Amount
1616 -7 ID
o j CGS 100
(DIR #)
1
..1 60600 �. _..... �........_...................�.� �
-7.7
CO&i5i ( A 10 43 V 116805
Wi N- CcKhoic it- 45
—
VRA71,1 cq qt���� �0beoo 153
' 4vitt s,4,- 931.1 T......_ ......
Conn -13 C* IvIn .104600&1i'
(Make copies of this page if add' iptial space is needed)
07/01/2020
atrarc of Bi Date
Mic' elMurray - ce President
Agreement No. 5944
DESIGNATION OF SUBCONTRACTORS
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Company Name: Hardy & Harper, Inc.
As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies
that it has listed below all subcontractors who will perform work in excess of one-half of one
percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and
will perform that portion of the work itself.
Name of
Subcontractor Address
_W ....... — (Number and Street)
(City, Zip Code)
Subcontractor's
Contractor
Description of
License No., &
Portion of
DIR Registration
Work Estimated
No.
Subcontracted $ Amount
(CSLB #)
(DIR #)
(Make copies of this page if additional space is needed)
Signature of Bidder Date
Agreement No. 5944
REFERENCES
Company Name: Hardy & Harper, 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:
Project Title: Please see attached
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
2, Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
I -C-12
Agreement No. 5944
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-13
Agreement No. 5944
5. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ _._I ................. 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:
Fidelity & Deposit Company of Maryland - 777 S. Figueroa St. Los Angeles, CA 90017 -213-270-0600
Commercial Surety Bond Agency - 1411 N. Batavia St. Orange, CA 92867 - 714-516-1232,
I -C-14
Owner/Agency
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
PUBLIC WORKS REFERENCES
2017/2019
Contact
Mike Myers
(951) 332-6464
mmers��'aiururaaua_I
Frank Tran
(949) 644-3340
ftran cDnewportbeachca.aov
City of Rancho Cucamonga Romeo M. David
10500 Civic Center Drive (909) 477-2740
Rancho Cucamonga, CA 91730 Romeo. David Mcitvofrc.us
City of Signal Hill
2175 Cherry Ave
Signal Hill, CA 90755
City of Laguna Hills
24035 EI Toro Rd
puna Hills
City of Highland
27215 Base Line
Highland, CA 92346
City of Irvine
One Civic Center Plaza
Irvine, CA 92623
City of Pasadena
100 N. Garfield Ave
Pasadena, CA 91109
City of Ontario
303 East B Street
Ontario, CA 91764
Anthony Caraveo
(562) 989-7352
acaraveon.cit oy fsignalhill.orq,
Frank Tran
(949) 644-3340
ftran a,newportbeachca.00v
John Egan
890-1255
iegan erscinc.com
Brian Brown
(949) 724-6000
tabrown citvofirvine.orq
Tony An
(626) 744-7403
Lan@c_itvofr)asadena.net
Miguel Sotomayor
(909) 395-2108
msotomavor ccDontarioca.aov
Agreement No. 5944
Attachment A
Project (Amount &
Completion Date)
T.R.I.P Pavement Rehab.
Phase 1
$1,254,012.21 03/17
MacArthur Blvd Pavement
Rehabilitation
$2„142,045.66 3/17
iRed Hill Park Pedestrian Trail
iRenovation Project
$171,888.70 3/17
Willow Street Improvement
Project
$922,100.43 6/17
Arterial Pavement Mngmt.
Project Street Rehabilitation
$1,375,406.90 6/17
West Highland Bikeways
Infrastructure & Pavement Imprv.
$2,678,788.77 7/17
Yale Ave Rehabilitation Irvine
Center Drive Bid No. 17-1160
$2,453,343.83 7/17
Preventative Maintenance of
Street 2016
$945,932.59 8/17
ATP Cycle I Safe Routes to
School Sidewalk Imprv.
$824,850.88 10/17
City of Inglewood Hunter Nguyen Streets & Alleys Rehabilitation
One Manchester Blvd (310) 412-5333 Project
Inglewood, CA 90301 hhunter citvofinglewood.or $2„639,330.06 11/17
PUBLIC WORKS REFERENCES
2017/2019
Owner/Agency Contact
City of Covina Chris Marcarello
125 E. College (628) 384-5490
Covina, CA 91723 owt.covinaca.aov
City of Rancho Palos Verdes Ron Dragoo
30940 Hawthorn Blvd. (310)544-5252
Rancho Palos Verdes, CA 90275 akwolek Wlct c�ov
r -
City of Downey
11111 Brookshire Ave.
Downey, CA 90241
City of Dana point
33282 Golden Lantern
Dana Point, Ca 92629
City of Fountain Valley
10200 Slater Ave.
Fountain Valley, CA 92708
City of Pomona
505 South Garey Ave.
Pomona, CA 91766
City of Lancaster
44933 Fern Ave.
Lancaster, CA 93534
City of Tustin
1300 Centennial way
Tustin,CA 92780
r ...
City of Vernon
4305 S. Santa fe Ave,.
Vernon, CA 90058
(City of Diamond Bar
21810 Copley Drive
Edwin. Norris
(562) 904-7110
enorris downe ca.or
Matthew Sinacori
(949) 248-3500
msinacori ..danaooint.ora
Agreement No. 5944
Attachment A
Project (Amount &
Completion Date)
Grand Ave. Street
Rehabilitation Fed Project
NO.:STPL-5118(020)
$3,030,000.00 5/18
Residential St. Rehab. Project
$2,227,000.00 5/18
CIP No. 18-02 Residential St.
Pavement Rehab. Project
$1,808,000.00 03/19
Arterial Roadway Resurface &
Pavement Preservation Project
$3,993,000.00 1/18
Fatana Temory
Resurface & Rehab. Of Euclid
(714)593-4433
Street from Slater Ave. to
fatana.Temorvrta""`�fountianvaliev,ora
Warner ave. No. TI -271
$1,077,000.00 9/18
Public Works
[Major Street Improvements
(909)620-2261
pwen ing eeriW( ci.Domona.ca.us
$3,839,000.00 8/18
Luis Garibay
(661)723-6110
tqgr
ibav_Pcitvoflancaster, or
Mario Medina
(949)394-8955
mmedina@tustinca,ora
2018 Sidewalk, Curb & Gutter
Repairs
$1,976,000.00 12/18
FY 2017-18 Roadway Rehab. &
Sidewalk Repair Project
$1,575,125.00 10/18
Daniel Wall Downey Road Improvements
(323) 583-8811 x305
PublicWorksBidsa,ci.vernon.ca.us $2,584,000.00 1/17
Jason Williams Residential &Collector Road
(909)839-7050 Rehab. Project
IDiamond Bar, CA 91765
Agreement No. 5944
PUBLIC WORKS REFERENCES Attachment A
2017/2019
ljwi6Niams( ?diamondbarca.gov $1,551,000.00 12/16
Agreement No. 5944
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Company Name: Hardy & Harper, Inc.
Please state all instances of being disqualified, removed, or otherwise prevented from bidding
on, or completing, a federal, state, or local government project due to a violation of a law or
safety regulation.
I . Have you ever been disqualified from any government contract?
Yes ❑ No X
2. If yes, explain the circumstances:
IIID
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 IN No ❑
/'
'.....:: � � .
Biddw� Sia nature
Michael Murrayice President
Name (Please hrxt)
I -C-15
Agreement No. 5944
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Company Name: Hardy & Harper, Inc.
To be awarded this contract, the successful bidder must procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
ype 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 perfonned 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 idi urance, will
render the bidder's proposal `nonresponsive."
07/01/2020
..........
Date
I -C-16
.................................
Bi�Id`''* Signature
Michael Murray - ice President
Agreement No. 5944
END PROPOSAL SECTION
I -C-17
Agreement No. 5944
CITY OF EL SEGUNDO
CONTRACT DOCUMENTS
PLANS & SPECIFICATIONS
FOR
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
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
httDs://www.else�4undo. ori/government/departments/public-works/request-public-works-bid
MANDATORY PRE-BID MEETING MONDAY, JUNE 29, 2020 AT 10:00 AM
At the northwest corner of the E. Imperial Avenue/California Street Intersection
EL SEGUNDO, CA 90245
BIDS DUE TUESDAY, JULY 7, 2020 AT 11:00 AM
Agreement No. 5944
BIDS WILL BE RECEIVED
UP TO THE HOUR
OF 11:00 A.M.
TUESDAY, JULY 712020
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. 5944
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. 5944
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
PAGE
I -A-1 TO A-3
I -B-1 TO B-8
I -B-1
I -B-1
I -B-2
I -B-2
I -B-3
I -B-3
I -B-3
I -B-3
I -B-4
I -B-5
I -B-6
I -B-6
I -B-6
I -B-6
I -C-1 TO C-17
I -C-1
I -C-3
I -C-3
I -C-4
I -C-6
I -C-7
I -C-8
I -C-9
I -C-10
I -C-11
I -C-34
I -C-15
I -C-16
I -D-1 TO D-5
I -E-1 TO E-3
F. MATERIAL AND LABOR BOND I -F-1 TO F-3
Agreement No. 5944
SECTION II - GENERAL REQUIREMENTS PAGE
A. GENERAL SPECIFICATIONS H -A-1 TO A-2
1. REGISTRATION OF CONTRACTORS
H -A-1
2. INSURANCE AND CITY BUSINESS LICENSE
H -A-1
3. EMERGENCY INFORMATION
H -A-1
4. FURNISHING OF WATER
H -A-1
5. CALIFORNIA - OCCUPATIONAL SAFETY
1-2
AND HEALTH ADMINISTRATION
H -A-1
6. SOUND CONTROL
H -A-2
7. AIR POLLUTION CONTROL
H -A-2
8. WORKER UNIFORMS
H -A-2
B. STANDARD SPECIFICATIONS H -B-1 TO B-34
0-1
STANDARD SPECIFICATIONS
H -B-1
0-2
NUMBERING OF SECTIONS
H -B-1
0-3
MODIFICATIONS
H -B-1
1-2
DEFINITIONS
H -B-1
1-2.1 ADDITIONAL DEFINITIONS
H -B-1
1-3
ABBREVIATIONS
H -B-2
2-0
SCOPE AND CONTROL OF WORK
H -B-3
2-1.1 ACCESS TO PROJECT SITE
H -B-3
2-1.2 OWNERSHIP AND USE OF CONTRACT
H -B-3
DOCUMENTS
2-3
SUBCONTRACTS
H -B-3
2-3.1 GENERAL
H -B-3
2-3.2 ADDITIONAL RESPONSIBILITY
H -B-4
2-4
CONTRACT BONDS
H -B-4
2-5
PLANS AND SPECIFICATIONS
H -B-5
2-5.1 GENERAL
H -B-5
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
H -B-5
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
H -B-6
2-8
RIGHT-OF-WAY
H -B-6
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
H -B-6
2-9
SURVEYING
H -B-6
2-9.3 SURVEY SERVICE
H -B-6
2-9.3.1 CONSTRUCTION SURVEYING
H -B-6
2-9.3.2 MEASUREMENT AND PAYMENT
H -B-7
3-3.2.2 BASIS FOR ESTABLISHING COSTS
H -B-7
3-3.2.3 MARK UP
H -B-7
11
Agreement No. 5944
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
iii
PAGE
H -B-10
H -B-11
H -B-11
H -B-11
H -B-11
H -B-11
H -B-12
H -B-12
H -B-12
H -B-12
H -B-13
H -B-14
H -B-14
H -B-14
H -B-14
H -B-15
H -B-15
H -B-15
H -B-16
H -B-16
H -B-16
H -B-16
H -B-17
H -B-17
H -B-17
H -B-18
H -B-18
H -B-18
H -B-18
H -B-18
H -B-19
Agreement No. 5944
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
1V
PAGE
H -B-20
H -B-21
H -B-21
H -B-21
H -B-22
H -B-22
H -B-22
H -B-22
H -B-29
H -B-30
H -B-30
H -B-30
H -B-31
H -B-31
H -B-32
H -B-33
H -B-34
H -B-34
SECTION III — SPECIAL PROVISIONS
PAGE III -A-1 THRU V -A-17
Agreement No. 5944
APPENDICES
Appendix 1 — City Map
Appendix 2 — Typical No Parking Sign — El Segundo Standard ST -18
Appendix 3 — Imperial Avenue Centerline Tie Information
Appendix 4 — Pine Avenue Centerline Tie Information
Appendix 5 — Project Streets
Appendix 6 — Striping Quantities
v
Agreement No. 5944
NOTICE INVITING SEALED BIDS
FOR THE
FY 19/20 PAVEMENT REHABILITATION PROJECT
IN THE CITY OF EL SEGUNDO
PROJECT NO.: PW 20-01
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, JULY 7, 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 traffic control, centerline tie surveys, asphalt cold milling, hot mix asphalt paving,
manhole adjusting, valve cover adjusting, striping and pavement markings, and related work. The
construction shall take place between August 24 and October 16, 2020.
Work on the Project must be performed in strict conformity with Specifications No. PW 20-01 as
adopted by the El Segundo City Council on June 16, 2020 which is filed with the Public Works
Department. Contractors bidding the project shall provide a minimum of five government agency
references, preferably municipal, for building similar projects (in terms of scope, size, type,
magnitude and complexity), as the prime contractor in the past five (5) years. Bidders shall
include references, etc. to demonstrate qualifications.
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 htti)s://www.elseaundo.ora/Government/dei)artments/i)ublic-works/request-
public-works-bid
A MANDATORY pre-bid meeting is scheduled for Monday, June 29, at 10:00 AM. The
meeting will be held at the northwest corner of the E. Imperial Avenue/California Street
intersection in El Segundo, CA 90245. Failure to attend the mandatory meeting will
disqualify your bid. Appendix 5 shows the project streets. All questions regarding the project
are due to httDs://www.else�4undo.ort4/t4ovemment/departments/public-works/request-Dublic-
works-bid by Tuesday, June 30, 2020, at 3:00 pm.
The terms and conditions for bidding on the Project are described in the attached Bidding
Instructions.
This project requires payment of State prevailing rates of wages for Los Angeles County. The
Agreement No. 5944
contractor must post copies of the prevailing schedule at each job site. Copies of these rates of
wages are available from the State of California Department of Industrial Relations Prevailing
Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at
www.dir.ca.gov.
Note that the Project is subject to compliance monitoring and enforcement by California
Department of Industrial Relations. Pursuant to California law, the City must find bids failing to
comply with all applicable Labor Code requirements including, without limitation, Labor Code
§§ 1725.5 and 1771.4 to be nonresponsive.
The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and
increasing the skills of minority group employees and applicants for employment, as set forth in
Executive Order 11246 and 11375.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment
standards established by the State Director of Industrial Relations will be required.
Affirmative action to ensure against discrimination in employment practices on the basis of race,
color, national origin, ancestry, sex, or religion will also be required.
The City of El Segundo hereby affirmatively ensures that minority business enterprises will be
afforded full opportunity to submit bids in response to this notice and will not be discriminated
against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration
leading to the award of contract.
Five percent (5%) will be deducted from each progress payment and retained by the City. The
remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to
Public Contracts Code ("PCC") § 22300, the Contractor may substitute securities for retention
monies held by the City or request that the City place such monies into an escrow account. The
Contractor is notified, pursuant to PCC § 22300, any such election will be at Contractor's own
expense and will include costs incurred by the City to accommodate the Contractor's request.
In entering into a Public Works contract, or a subcontract, to supply goods, services, or materials
pursuant to a public works contract, the Contractor, or Sub -Contractor, offers and agrees to
assign to the awarding body all rights, title and interest in, and to, all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter
2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time the
awarding body tenders final payment to the Contractor, without further acknowledgment by the
parties.
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to
Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed
I -A-2
Agreement No. 5944
envelope plainly marked on the outside:
FY 19/20 PAVEMENT REHABILITATION PROJECT
"SEALED BIDS FOR PROJECT NO.: PW 20-01
IN THE CITY OF EL SEGUNDO
DO NOT OPEN WITH REGULAR MAIL"
The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an
amount no less than ten percent (10%) of the amount bid for the base contract.
No bid will be accepted from a Contractor who has not been licensed in accordance with the
provisions of the State Business and Professions Code. For these projects, those acceptable
classes of license shall be "A" and "C-12". The successful Contractor and his Sub -
Contractors will be required to possess the correct license for their project classifications, and
valid City Business Licenses from the City of El Segundo.
The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and
to take all bids under advisement for a period of ninety (90) calendar days.
Any contract entered into pursuant to this notice shall become effective or enforceable against
the City of El Segundo only when the formal written contract has been duly executed by the
appropriate officer(s) of the City of El Segundo.
DATED this day of 12020.
CITY OF EL SEGUNDO, CALIFORNIA
Tracy Weaver, City Clerk
I -A-3
Agreement No. 5944
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
Agreement No. 5944
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.
2.6 Bidder has the expertise and financial capacity to perform and complete all
obligations under the Bidding Documents.
2.7 The person executing the Bid Form is duly authorized and empowered to execute the
Bid Form on Bidder's behalf.
2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code
Requirements in its performance of the Work.
2.9 The Bidder has paid the City's business license fee(s)
2.10 The Bidder, per SB 854 requirements for public projects, has registered with and paid
their annual fee to the California State Department of Industrial Relations.
Information about SB 854 and its requirements can be found at this link:
http://www.dir.ca.gov/Public-Works/SB854.html
3. BIDDING DOCUMENTS
3.1 Bidders may obtain complete sets of the Bidding Documents from the City's
Public Works Department for the sum stated in the Notice for Bids.
3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.
3.3 The City makes copies of the Bidding Documents available, on the above terms,
for the sole purpose of obtaining Bids for the Work and does not confer a license
or grant permission for any other use of the Bidding Documents.
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
4.1 Before submitting its Bid, Bidder will carefully study and compare the various
documents comprising the Bidding Documents and compare them with any other
work being bid concurrently or presently under construction which relates to the
Work for which the Bid is submitted; will examine the Project site, the conditions
under which the Work is to be performed, and the local conditions; and will at once
report to the City's Representative errors, inconsistencies, or ambiguities discovered.
4.2 Requests for clarification or interpretation of the Bidding Documents will be
addressed to the City's Representative.
4.2.1 The release of the bid package begins a quiet period for potential Bidders
participating in this project. The City of El Segundo realizes it is critical to
provide Bidders with a vehicle to ask questions so that quality responses can
be prepared. Questions must be submitted in writing to project managers via
the City website:
htti)s://www.else"ndo. ora/Government/dei)artments/i)ublic-works/request-
vublic-works-bid
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Agreement No. 5944
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 3:00 pm, Tuesday, June 30, 2020
Questions Answered by July 6, 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 City will discuss
the Bidding Documents, answer questions, accept comments, and conduct a Project site visit.
The City requires all Pre -Bid Conference attendees to arrive for the meeting on time and to
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Agreement No. 5944
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 El
Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the
bidders. Bidders are required to submit one (1) original set of the proposal
forms. All information requested therein must be clearly and legibly set forth in the
manner and form indicated.
9.9 Bidders must satisfy themselves by personal examination of the work site, Plans,
Specifications, and other contract documents, and by any other means as they may
believe necessary, as to the actual physical conditions, requirements and difficulties
under which the work must be performed. No bidder shall at any time after
submissions of a proposal make any claim or assertion that there was any
misunderstanding or lack of information regarding the nature or amount of work
necessary for the satisfactory completion of the job. Any errors, omissions, or
discrepancies found in the Plans, Specifications, or other contract documents shall be
called to the attention of the City of El Segundo and clarified prior to the submission
ul
Agreement No. 5944
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 El Segundo." When a Bond is
used for Bid Security, failure to use the City's Bid Bond form will result in the
rejection of the Bid.
10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all
items required by the Bidding Documents within the time limits specified in these
Instructions to Bidders, the City will disqualify such Bidder and select the next
apparent lowest responsible Bidder until all bids have been exhausted or the City may
reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit
to the City the amount of the difference, not to exceed the amount of the Bid
Security, between the amount of the disqualified Bid and the larger amount for which
the City procures the Work.
10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of
the surety, a notarized and current copy of the power of attorney will be affixed to the
Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State
of California, Department of Insurance list of, "Insurers Admitted to Transact Surety
Insurance in This State."
10.4 The City will retain Bid Security until the occurrence of one of the following:
10.4.1 All items required by the Bidding Documents have been furnished and the
Agreement has been signed by the successful Bidder and the City.
10.4.2 The specified time has elapsed during which Bids may be withdrawn.
10.4.3 All Bids have been rejected.
10.5 The Bid Form, Bid Security, and all other documents required to be submitted with
the Bid must be enclosed in a sealed opaque envelope. The envelope must be
addressed to the City Clerk. The envelope must be identified with the Bidder's name
and address, and identify the Project for which the Bid is submitted, as follows:
"SEALED BIDS FOR PW 20-01: FY 19/20 PAVEMENT REHABILITATION
PROJECT. DO NOT OPEN WITH REGULAR MAIL." Proposals may be
mailed or delivered by messenger.
10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A
Bid received after the Bid Deadline will be returned to Bidder unopened.
10.7 Bidder will assume full responsibility for timely delivery at the location designated
for receipt of Bids.
10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
10.9 All proposals must be submitted, filed, made, and executed in accordance with State
and Federal laws related to bids for contracts of this nature whether the same is
expressly referred to herein or not. Any bidder submitting a proposal shall by such
action thereby agree to each and all of the terms, conditions, provisions, and
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Agreement No. 5944
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.
13.2.1 Unrequested/unauthorized conditions, limitations, or provisions attached to a
proposal will render it irregular and may cause its rejection. The completed
proposal forms shall be without interlineations, alterations, or erasures.
Alternative proposals will not be considered unless specifically requested. No
oral, telegraphic, or telephonic proposal, modification, or withdrawal will be
considered.
13.3 In the event that any bidder acting as a prime contractor has an interest in more than
one proposal, all such proposals will be rejected, and the bidder will be disqualified.
This restriction does not apply to subcontractors or suppliers who may submit
quotations to more than one bidder, and while doing so, may also submit a formal
proposal as a prime contractor. No proposal will be accepted from a bidder who has
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Agreement No. 5944
not been licensed in accordance with the provisions of the State Business and
Professions Code.
14. AWARD
14.1 The City may retain all bids for a period of 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
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14.7
Agreement No. 5944
substitute acceptable to the City. Failure of the City to object to a proposed
Subcontractor before award will not preclude the City from requiring replacement of
any Subcontractor based upon information received subsequent to award, information
which cannot be properly evaluated before award due to time constraints, or
information relating to a failure to comply with the requirements of the Contract.
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.
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. 5944
PROPOSAL
FOR THE
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
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 El Segundo at the
unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that
failure to enter into a contract in the manner and time prescribed will result in forfeiture to the
City of El Segundo of the proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids, and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR
DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY
ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include
all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid,
unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S
default in executing the required contract and filing the necessary bonds and insurance
certificates within ten working days after the date of the City of El Segundo's notice of award of
contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature
by the Awardee, the proceeds of the security accompanying this bid shall become the property of
the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's
option, be considered null and void.
Agreement No. 5944
EOUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been
due under the requirements of any agency, State, or Federal equal employment opportunity orders
have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business
enterprises for those portions of the work to be subcontracted, and that such affirmative actions
have been fully documented, that said documentation is open to inspection, and that said
affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore,
BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity
requirements of the contract documents.
NONCOLLUSION 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.
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Agreement No. 5944
BID SCHEDULE
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Company Name:
BASE BID ITEMS
Item
Unit Price Total
No.
Description
Qty
Unit M M
Mob ilization/Demobilization including traffic
1
control (not to exceed 5% maximum of Total
1
LS
Base Bid)
2
Cold mill 2" existing asphalt concrete pavement
144,380
SF
3
Overlay 2" C2 PG 64-10 hot mix asphalt
144,380
SF
4
Adjust sewer and storm drain manhole covers
12
EA
to final grade
5
Adjust water valve covers to final grade
29
EA
Remove and replace all traffic striping,
6
pavement markings, and pavement markers.
1
LS
Thermoplastic to be used for all striping and
markings. See Appendix 6.
ALTERNATIVE BID ITEM (Determined by the City on an as -needed basis)
7
1 6 -inch deep asphalt repairs 1
1,000
1 SF
ALTERNATIVE
BID ITEM (Determined by the City
on an as -needed
basis)
Grind and overlay of California Street between Imperial
Highway and Cul-de-sac (including California
St./Im)erial Ave. intersection)
8
Cold mill 2" existing asphalt concrete pavement
34,986
SF
9
Overlay 2" C2 PG 64-10 hot mix asphalt
34,986
SF
10
Adjust sewer and storm drain manhole covers
2
EA
to final grade
11
Adjust water valve covers to final grade
2
EA
Remove and replace all traffic striping,
12
pavement markings, and pavement markers.
1
LS
Thermoplastic to be used for all striping and
markings. See Appendix 6.
TOTAL BID = $
TOTAL BID WRITTEN IN WORDS:
All work listed on the bid schedule 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.
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Agreement No. 5944
BIDDER'S INFORMATION
Company Name:
BIDDER certifies that the following information is true and correct:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.
If corporation, State of Incorporation (i.e., California)
Business
Address
Telephone No.
Facsimile No.
State Contractor's License No. and Class DIR4
State License Original Date Issued Expiration Date
The following are the names, titles, email addresses, 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:
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Agreement No. 5944
BIDDER'S INFORMATION (CONTINUED)
Company Name:
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name:
Title:
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Agreement No. 5944
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all a forenamed principals this day of 20
BIDDER
Subscribed and sworn to this day of 20
NOTARY PUBLIC
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Agreement No. 5944
PROPOSAL GUARANTEE
BID BOND
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
KNOW ALL MEN BY THESE PRESENTS that,
, as BIDDER, and
, as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of DOLLARS ($_), which is ten
(10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated
project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and
severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about
to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if
said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and
time specified, then this obligation shall be null and void, otherwise it shall remain in full force
and effect in favor of the City of El Segundo.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this
day of 20
BIDDER*
SURETY*
Subscribed and sworn to this day of 20
NOTARY PUBLIC
Provide BIDDER/SURETY name, title, address and telephone number and the name, title,
address and telephone number for authorized representative.
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Agreement No. 5944
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).
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Agreement No. 5944
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
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Name of Bidder/Company Name
Date
Agreement No. 5944
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. 5944
DESIGNATION OF SUBCONTRACTORS
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
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 Address
(Number and Street)
(City, Zip Code)
Subcontractor's
Contractor
License No., &
DIR Registration
No.
(CSLB 4)
(DIR 4)
Description of
Portion of
Work
Subcontracted
(Make copies of this page if additional space is needed)
Signature of Bidder Date
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Estimated
$ Amount
REFERENCES
Company Name
Agreement No. 5944
The following are the names, addresses, and telephone numbers for public agencies for which
BIDDER has performed similar work as the prime contractor or major subcontractor within the
past five (5) years:
1. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
2. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
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Agreement No. 5944
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?
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Agreement No. 5944
Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
Bidder pray 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:
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Agreement No. 5944
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Company Name:
Please state all instances of being disqualified, removed, or otherwise prevented from bidding
on, or completing, a federal, state, or local government project due to a violation of a law or
safety regulation.
1. Have you ever been disqualified from any government contract?
Yes ❑ No ❑
2. If yes, explain the circumstances:
3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register
requires the City to reject your bid as nonresponsive]?
Yes ❑ No ❑
Bidder's Signature
Name (Please Print)
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Agreement No. 5944
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
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 "AML" 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."
Date
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Bidder's Signature
Agreement No. 5944
END PROPOSAL SECTION
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Agreement No. 5944
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
[CONTRACTOR]
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
This CONTRACT is entered into this day of 120
by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the
City") and
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.
Agreement No. 5944
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within twenty-five (25) 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 determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
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Agreement No. 5944
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
of insurance coverage to be maintained by the Contractor as required by the Contract
Documents, and any approval of such insurance by the City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to contract for similar service to be
performed for other employers while under contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits the City provides for its employees. Any provision in this Contract
that may appear to give the City the right to direct the Contractor as to the details of doing the
work or to exercise a measure of control over the work means that the Contractor will follow
the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect
to all services and matters covered under this Contract. The City will have free access at all
reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
The Contractor will retain such financial and program service records for at least three (3)
years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when
received by such party at its respective name and address as follows:
The Citv
Lifan Xu
City Engineer
City of El Segundo
350 Main Street,
El 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
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Agreement No. 5944
time of actual delivery. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
Contract will be in Los Angeles County.
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 maybe 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.
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Agreement No. 5944
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and
year first hereinabove written.
CITY OF EL SEGUNDO
Scott Mitnick
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
LIZA
David H. King,
Assistant City Attorney
Insurance Reviewed by:
I -D-5
Taxpayer ID No.
Contractor State
License No.:
Contractor City Business
License No.:
Agreement No. 5944
FAITHFUL PERFORMANCE BOND
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
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, FY 19/20 PAVEMENT REHABILITATION
PROJECT, SPECIFICATIONS NO. PW 20-01, 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 20-01, 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 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
Agreement No. 5944
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 20-01 or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following two (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing
this bond to do so;
B. A certificate issued by the county clerk for the county in which
SURETY's representative is located conforming with California
Code of Civil Procedure § 995.640 and stating that SURETY's
certificate of authority has not been surrendered, revoked,
cancelled, annulled, or suspended, or in the event that it has, that
renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I -E-2
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
Agreement No. 5944
,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.
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Agreement No. 5944
LABOR AND MATERIALS BOND
FY 19/20 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
Bond No.
Bond Fee:
, as principal
("PRINCIPAL") and , a corporation
incorporated under the laws of the State of and licensed by the State
of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held
and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in FY 19/20 PAVEMENT
REHABILITATION PROJECT, SPECIFICATIONS NO. PW 20-01 ("Public Project"), the
public works contract executed for such Public Project, and for all work or labor of any kind
performed for the Public Project. In the case of any default in the performance of the conditions
and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the
bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments,
penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 20-01, and the public works contract executed for such
Specifications, copies of which is on file with CITY's Engineering Division ("Public Project").
Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING
FILE NO. ), which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
Agreement No. 5944
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 20-01, or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I -F-2
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
NOTE: (1)
(2)
Agreement No. 5944
Rol
SURETY'S PRESIDENT
SURETY'S SECRETARY
SURETY's MAILING ADDRESS:
ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 5944
SECTION II - GENERAL REOUIREMENTS
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL SPECIFICATIONS
1. REGISTRATION OF CONTRACTORS
No bid will be accepted from a Contractor who has not been licensed in accordance with the
provisions of the laws of the State of California relating to licensing of contractors, for the type
of work to be performed under this Contract.
2. INSURANCE AND CITY BUSINESS LICENSE
Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License
before execution of the construction contract.
3. EMERGENCY INFORMATION
The names, addresses and telephone numbers of the CONTRACTOR and 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 21/z"
Fire Hydrant water meter which will be furnished and installed by the City at a point convenient
to the site of the work. This deposit will be refunded to the CONTRACTOR upon completion
of the Project if, after removal and inspection of said meter by the City, it is found to be in
satisfactory condition. In event of damage to this meter while under the jurisdiction of the
CONTRACTOR, all or any part of said deposit may be retained by the City.
An non-refundable Activation Fee of One Hundred Ten Dollars ($110.00) will be charged
upon activation of the temporary meter.
CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
All work performed under this contract will be done in strict compliance with the Cal -OSHA
Rules and Regulations, latest edition.
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Agreement No. 5944
6. SOUND CONTROL
The Contractor will comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the Project or related to the Project,
will be equipped with a muffler of a type recommended by the manufacturer. No internal
combustion engine will be operated on the Project without said muffler.
The use of loud signals will be avoided in favor of light warnings except those required by safety
laws for the protection of personnel.
7. AIR POLLUTION CONTROL
The Contractor is put on notice that he must abide by all existing rules and regulations of the
SCAQMD (South Coast Air Quality Management District), relating to all operations or
equipment which discharge visible emissions or solid or liquid particles to the atmosphere.
8. WORKER UNIFORMS
All workers under the employment of the Contractor or his/her Sub -Contractor will wear an
orange vest or an orange shirt while working in the public right-of-way.
II -A-2
Agreement No. 5944
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS
0-0 STANDARD SPECIFICATIONS
0-1 GENERAL
Except as modified by these Standard Specifications, the provisions of the latest edition
of the "Standard Specifications for Public Works Construction" and its supplements
prepared and promulgated by the Southern California Chapters of the American Public
Works Association and the Associated General Contractors of America, constitute the
Standard Specifications for this project.
0-2 NUMBERING OF SECTIONS
The numbering contained within the Standard Specifications of the Contract Documents
is intended to correspond with Greenbook numbering.
0-3 MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the Greenbook,
the Contract Documents take precedence.
1-2 DEFINITIONS
The following subsection is added to Subsection 1-2 of the Greenbook.
1-2.1 ADDITIONAL DEFINITIONS
Acceptance — The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors employed
by the City.
Bidder - Any individual, firm, partnership, corporation, or combination thereof,
submitting a proposal for the work contemplated, acting directly or through a duly
authorized representative.
City Council - The body constituting the awarding authority of the City.
Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract
Sum and an adjustment of the Contract Time in accordance with this Agreement.
II -B-1
Agreement No. 5944
Due Notice - A written notification, given in due time, of a proposed action where such
notification is required by the contract to be given a specified interval of time (usually 48
hours or two working days) before the commencement of the contemplated action.
Notification may be from Engineer to Contractor or from Contractor to Engineer.
Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless
otherwise provided, all correspondence and decisions made relative to the contract will
be by the City Engineer or his designated representative.
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."
1-3 ABBREVIATIONS
The following Subsection is added to Subsection 1-3 of the Greenbook.
1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook:
AAN
American Association of Nurserymen
AGC
Associated General Contractors of America
AISC
American Institute of Steel Construction
APWA
American Public Works Association
ASME
American Society of Mechanical Engineers
IEEE
Institute of Electric and Electronic Engineers
NEC
National Electric Code
Green Book
The most current edition of the Standard Specification for Public Works
Construction, and subsequent supplements prepared by Southern
California Chapters of AGC and APWA
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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 El 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 OWNERSHIP AND USE OF CONTRACT DOCUMENTS.
The Contract Documents and all copies furnished to or provided by the Contractor are the
City's property and may not be used on other work.
2-3 SUBCONTRACTS
Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with
the following subsection.
2-3.1 GENERAL
Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name
and location of the place of business of each subcontractor who will perform work or
labor or render service to the prime contractor in or about the construction of the work or
improvement, or a subcontractor licensed by the State of California who, under
subcontract to the prime contractor, specifically fabricates and installs a portion of the
work or improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one-half of one percent of the prime contractor's
total bid. Only one subcontractor will be listed for each portion of the work, which
portion will be defined in the bid. In each instance, the nature and extent of the work to
be sublet will be described. The failure of the Contractor to specify a subcontractor, or
the listing of more than one subcontractor for the same portion of the work, constitutes an
agreement by the Contractor that it is fully qualified to perform that portion itself and that
it will perform that portion itself.
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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.
2-4 CONTRACT BONDS
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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 SPECIFICATIONS
Subsection 2-5.1 of the Greenbook is replaced by the following subsection.
2-5.1 GENERAL
The Contractor will maintain the following at the Work site:
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.
2. The current accepted Contract Schedule.
3. Shop Drawings, Product Data, and Samples.
4. Approved permits from other agencies, including Cal -OSHA permits for trench
shoring.
5. All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the Work.
The Contract Documents are intended to be complementary and cooperative and
to describe and provide for a complete project. Anything in the Specifications and
not on the Plans, or on the Plans and not in the Specifications, will be as though
shown or mentioned in both.
Payment for any items on the plans for which there 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.
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
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The following paragraph is added to subsection 2-5.2 of the Greenbook:
As the figured dimensions shown on the plans and in the specifications of the Contract
may not in every case agree with scaled dimensions, the figured dimensions will be
followed in preference to the scaled dimensions, and plans to a large scale will be
followed in preference to the plans to a small scale. Should it appear that the work to be
done, or any of the matters relative thereto, are not sufficiently detailed or explained in
the Contract, the Contractor will apply to the Engineer for such further explanations as
may be necessary, and will conform thereto as part of the Contract so far as may be
consistent with the terms thereof. Any items shown on drawings and not mentioned in the
specifications will be of like effect as if shown or mentioned in both.
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and existing
utilities that may affect the cost of the Work will be shown on the Plans or indicated in
the Specifications, the City does not warrant the completeness or accuracy of such
information.
The Contractor will carefully study and compare each of the Contract Documents with
the others and with information furnished by the City and will promptly report in writing
to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or
inconsistencies with applicable law observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor before
commencing the Work. Errors, inconsistencies, or omissions discovered at any time will
be promptly reported in writing to the Engineer.
2-8 RIGHT-OF-WAY
The following subsection is added to Subsection 2-8 of the Greenbook.
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
When the Contractor arranges for additional temporary work areas and facilities, the
Contractor will provide the City with proof that the additional work areas or facilities
have been left in a condition satisfactory to the owner(s) of said work areas or facilities
before acceptance of the work.
2-9 SURVEYING
Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following
subsection:
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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 payment will be made
therefore.
3-3.2.2 BASIS FOR ESTABLISHING COSTS
Subsection 3-3.2.2 (c), Tool and Equipment Rental is modified where the second and
third paragraphs are replaced with "Regardless of ownership, the rates to be used in
determining the equipment usage costs will not exceed those listed for the same or
similar equipment in the California State Department of Transportation publication of
Labor Surcharge and Equipment Rates effective for the period of usage."
3-3.2.3 MARK UP
Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following
subsection:
(a) Work by Contractor. The following percentages will be added to the Contractor's
costs and will constitute the markup for all overhead and profits.
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1) Labor............................................20
2) Materials......................................15
3) Equipment Rental ......................... 15
4) Other Items and Expenditures ...... 15
To the sum of the costs and markups provided for in this subsection, 1 percent
will be added as compensation for bonding. No other formula, e.g., the Eichleay
or other method, may be used to calculate daily damages for office overhead,
profit, or other purported loss.
(b) Work by Subcontractors. When all or any part of the extra work is performed by
a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent
on work added in excess of $5,000 of the subcontracted portion of the extra work
may be added by the Contractor.
(c) In the event that City becomes liable to Contractor for compensable delays, City
agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid
Form or Contractor's actual daily delay damages, whichever is less, for each day
of Compensable Delay as provided for by these Contract Documents.
3-3.3 DAILY REPORTS BY CONTRACTOR
Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor:
If disagreement continues regarding extra work, the Contractor may seek compensation
in accordance with the Claims procedure. Daily Reports required by this subsection must
be made part of the Claim as supporting data for the Claim.
3-4 CHANGED CONDITIONS
Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the
following subsection:
If the Contractor encounters concealed or unknown conditions that differ materially from
those anticipated or expected ("changed conditions"), the Contractor will immediately
notify the Engineer in writing of such changed conditions (upon discovery and before
disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer
can determine if such conditions require design details that differ from those design
details shown in the Contract Documents. Notwithstanding the thirty (30) day time
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:
Agreement No. 5944
Subsurface or latent physical conditions differing materially from those
represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature differing materially from
those ordinarily encountered and generally recognized as inherent in work of the
character being performed; and
3. Material differing from what is represented in the Contract which the Contractor
believes may be hazardous waste as defined in California Health & Safety Code §
25117 that is required to be removed to a Class I, II, or III disposal site in
accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed conditions.
The Engineer's decision, and any dispute regarding that decision, will be made in
accordance with Section 6-11 except that the Engineer will render a decision promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is
subject to the following provisions:
The information is made available for the Bidders' convenience and is not a part
of the Contract.
2. The City has not determined the accuracy or completeness of such information
and all such information is made available to Bidders without any representation
or warranty by the City whatsoever as to its accuracy, completeness, or relevancy.
3. Bidders will independently evaluate such information for their use and will be
solely responsible for use or interpretation of such information. Any such use or
interpretation will not be the basis of any claim against the City.
3-5 DISPUTED WORK
Subsection 3-5 is deleted in its entirety and replaced by the following subsection.
If the Contractor and the City do not reach agreement on disputed work, the City may
direct the Contractor to proceed with the work. Any payment for the disputed work will
be determined pursuant to the claims procedures in these Standard Specifications.
Although not to be construed as proceeding under extra work provisions, the Contractor
will keep and furnish records of disputed work as required by the Contract Documents.
4-1.3 INSPECTION REQUIREMENTS
Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the
following subsections.
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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 NAMES OR EQUALS
Whenever any material, product, equipment, or service is specified by brand, trade, or
proprietary name, the item so specified will be deemed to be followed by the words "or
equal".
For the City's consideration of a proposed "equal" item, the Bidder will submit, a
minimum of ten (10) calendar days before the date of the bid opening, documentation of
the particulars of the proposed "equal item". At a minimum, the submitted documentation
will include:
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■ Written request with explanation of why the product should be considered as an
equal product.
■ Material specifications.
■ Technical specifications.
■ Test data.
■ Samples.
■ Comparison chart of key specifications of the "equal" item against similar
specifications of the specified item.
■ Work locations and reference telephone numbers of at least three (3) locations
where the proposed "equal" item has been recently installed under similar
conditions.
■ Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal" product
is acceptable to the City five (5) calendar days before the date of the bid opening. Failure
to submit all required documentation and/or submittal of incomplete documents may
result in the City's rejection of the proposed "equal" product without further
consideration.
5-2 PROTECTION
The following subsection is added to Subsection 5-2 of the Greenbook.
5-2.1 INCORRECT LOCATION OF UTILITIES
If the Contractor, while performing the Work, discovers utility facilities not identified
correctly or not shown in the contract plans or specifications by the City, the Contractor
will immediately notify the City and utility owner in writing.
5-4 RELOCATION
The following subsection is added to Subsection 5-4 of the Greenbook.
5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION
The City will be responsible to arrange for the removal, repair, or relocation of existing
utilities located within the project limits if such utilities are not correctly identified in the
contract plans or specifications by the City. The City will have the sole discretion to
perform repairs or relocation work or permit the Contractor to do such repairs or
relocation.
5-5 DELAYS
The following paragraphs are added to Subsection 5-5 of the Greenbook.
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Actual loss, as used in this Subsection, will be understood to include no items of expense
other than idle time of equipment and necessary payments for idle time of workers, cost
of extra moving of equipment, and cost of longer hauls. Compensation for idle time of
equipment and idle time of workers will be determined by Subsection 5-5.1 and no
markup will be added in either case for overhead and profit. The cost of extra moving of
equipment and the cost of longer hauls will be paid for as extra work.
The following subsection is added to Subsection 5-5 of the Greenbook.
5-5.1 CALCULATING IDLE TIME
Equipment idle time will calculated in accordance with Subsection 3-3.2.2(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.
Pre -Construction Meeting:
After contract award, the City will arrange for a pre -construction meeting to discuss the
construction of the project. City will invite utility agencies and the contractor will arrange
for all of its sub -contractors to attend the meeting.
6-1.1 CONTRACT SCHEDULE
After notification of award and before starting any work, the Contractor will submit a
Contract Schedule to the Engineer for review, as required by these Specifications within
fifteen (15) days of award.
6-1.2 CONTENT OF CONTRACT SCHEDULE
The Contract Schedule, and any updated Contract Schedule, will meet the following
requirements:
1. Schedules must be suitable for monitoring progress of the Work.
2. Schedules must provide necessary data about the time for the Engineer's
decisions.
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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 a schedule showing the Work completed in less than the Contract Time is accepted, the
Contractor will not be entitled to extensions of the Contract Time for Excusable Delays
or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays
until such delays extend the completion of the Work beyond the expiration of the
Contract Time.
The Contractor will plan, develop, supervise, control, and coordinate the performance of
the Work so that its progress and the sequence and timing of Work activities conform to
the current accepted Contract Schedule. The Contractor will continuously obtain from
Subcontractors information and data about the planning for and progress of the Work and
the delivery of equipment, will coordinate and integrate such information and data into
updated Contract Schedules, and will monitor the progress of the Work and the delivery
of equipment. The Contractor will act as the expeditor of potential and actual delays,
interruptions, hindrances, or disruptions for its own forces and those forces of
Subcontractors. The Contractor will cooperate with the Engineer in developing the
Contract Schedule and updated Contract Schedules.
The Engineer's review and comments about any schedule or scheduling data will not
relieve the Contractor from its sole responsibility to plan for, perform, and complete the
Work within the Contract Time. Review and comments about any schedule will not
transfer responsibility for any schedule to the Engineer or the City nor imply their
agreement with (1) any assumption upon which such schedule is based or (2) any matter
underlying or contained in such schedule.
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The Engineer's failure to discover errors or omissions in schedules that have been
reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are
behind schedule, or to direct or enforce procedures for complying with the Contract
Schedule will not relieve the Contractor from its sole responsibility to perform and
complete the Work within the Contract Time and will not be a cause for an adjustment of
the Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently accepted Contract
Schedule.
6-1.4 COMMENCEMENT OF CONTRACT TIME
The Contract Time will commence when the City issues a Notice to Proceed. The Work
will start on the date specified in the Notice to Proceed and within a maximum of fifteen
(15) days after the date of the Notice to Proceed, and be diligently prosecuted to
completion with the time provided in the Specifications.
6-4 DEFAULT BY CONTRACTOR
The language in subsection 6-4 is deleted in its entirety and replaced with the following
subsections.
6-4.1 GENERAL
Should the Contractor fail to begin delivery of material and equipment, to commence the
Work within the time specified, to maintain the rate of delivery of material, to execute
the Work in the manner and at such locations as specified, or fail to maintain the Work
schedule (as determined by the current accepted Contract Schedule) which will ensure
the City's interest, or if the Contractor is not carrying out the intent of the Contract, the
City may serve written notice upon the Contractor and the Surety on its Faithful
Performance Bond demanding satisfactory compliance with the Contract.
6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK
The City may terminate the Contractor's control over the Work without liability for
damages when, in the City's opinion, the Contractor is not complying in good faith, has
become insolvent, or has assigned or subcontracted any part of the Work without the
City's consent. Should such termination occur, the Contractor will be paid the actual
amount due based on Contract Unit Prices or lump sums bid and the quantity and quality
of the work completed and in place at the time of termination, less damages caused to the
City by the Contractor's action or inaction.
In the event of such termination of control, the City may do any one, or combination of,
the following:
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1. Serve written notice upon the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract. In such event the Surety
will, within 5 days, assume control and perform the Work as successor to the
Contractor;
2. The City may perform the Work itself and deduct the cost thereof from any
payment due to the Contractor;
3. The City may replace the Contractor with a different contractor to complete the
work and deduct the cost thereof from any payment due to the Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional remedy the City
may have under these Contract Documents or applicable law.
6-4.3 SURETY'S ASSUMPTION OF CONTROL
Should the Surety assume any part of the Work, it will take the Contractor's place in all
respects for that part, and will be paid by the City for all work performed by it in
accordance with the Contract. If the Surety assumes the entire Contract, all money due
the Contractor at the time of its default will be payable to the Surety as the Work
progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work within 5 days after 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
except as otherwise provided herein. Excusable delay may include: war, earthquakes
exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the
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contemplation of the parties, strikes outside the contemplation of the parties, fires, floods,
changes to the Work as identified herein, or other specific events that may be further
described in the Specifications.
Delays to the project caused by labor disputes or strikes involving trades not directly
related to the project, or involving trades not affecting the project as a whole will not
warrant an extension of time.
The City will not grant an extension of time for a delay by the Contractor's inability to
obtain materials unless the Contractor furnishes to the Engineer documentary proof. The
proof must be provided in a timely manner in accordance with the sequence of the
Contractor's operations and accepted construction schedule.
Should delays be caused by events other than those included herein, the Engineer may,
but is not required to, deem an extension of time to be in the City's best interests.
6-6.2 EXTENSIONS OF TIME
If granted, extensions of time will be based upon the effect of delays to the critical path
of the Work as determined by the current accepted Contract Schedule. Delays to minor
portions of the Work that do not affect the critical path will not be eligible for extensions
of time.
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
Any payment for compensable delay will be based upon actual costs as set forth in
Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may
have reasonably avoided. The Contractor understands that this is the sole basis for
recovering delay damages and explicitly waives any right to calculate daily damages for
office overhead, profit, or other purported loss, using different formulas including,
without limitation, the Eichleay Formula.
6-6.4 WRITTEN NOTICE AND REPORT
If the Contractor desires payment for a delay or an extension of time, it will give the
Engineer written notice of such request not later than the time limit set forth in the
Proposal for submitting a claim after the event or occurrence giving rise to a delay claim.
Failure to submit a written request within such amount of time will result in the
Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by the
"Claims" sections of these Specifications.
In no event will the City grant the Contractor an extension of time if the delay is within
the Contract Time as identified by the Contract Documents.
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Agreement No. 5944
6-7.2 WORK DAYS AND WORKING HOURS
City Hall is open from Monday thru Thursday lam -bpm. It is closed every other Friday
and 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 ACCEPTANCE
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
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.
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Agreement No. 5944
The Engineer will recommend approval of the Notice of Completion to the City Council.
This will be the date when the Contractor is relieved from responsibility to protect the
Work.
All work will be guaranteed by the Contractor against defective workmanship and
materials furnished by the Contractor for a period of 1 year from the date the Work was
completed. The Contractor will replace or repair any such defective work in a manner
satisfactory to the Engineer, after notice to do so from the Engineer, and within the time
specified in the notice. If the Contractor fails to make such replacement or repairs within
the time specified in the notice, the City may perform this work and the Contractor's
sureties will be liable for the cost thereof.
6-8.1 GENERAL GUARANTY
The Contractor will remedy any defects in the work and pay for any damage to other
work resulting therefrom, which will appear within a period of one year from the date of
final acceptance of the work unless a longer period is specified. The owner will give
notice of observed defects with reasonable promptness.
6-9 LIQUIDATED DAMAGES
Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and
replaced by the following subsections.
6-9.1 FAILURE TO COMPLETE WORK ON TIME
If all the work called for under the contract is not completed before or upon the
expiration of the Contract Time, the City will sustain damage. Since it is and will be
impracticable to determine the actual damage which the City will sustain in the event of
and by reason of such delay, it is therefore agreed that the Contractor will pay to the City
the sum specified in the Proposal for each and every calendar day beyond the time
prescribed to complete the work not as a penalty, but as a predetermined liquidated
damage. The Contractor agrees to pay such liquidated damages as are herein provided,
and in case the same are not paid, agrees that the City may deduct the amount thereof
from any money due or that may become due to the Contractor under the contract.
Unless otherwise specified, liquidated damages will be $250 per calendar day.
6-11 DISPUTES AND CLAIMS; PROCEDURE
6-11.1 GENERAL
Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the
Contractor that seeks an adjustment or interpretation of the terms of the Contract
Documents, payment of money, extension of time, or other relief with respect to the
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Agreement No. 5944
Contract Documents, including a determination of disputes or matters in question
between the City and the Contractor arising out of or related to the Contract Documents
or the performance of the Work, and claims alleging an unforeseen condition or an act,
error, or omission by the City, the Engineer, their agents or employees. "Claim" does not
mean, and the Claims procedures herein do not apply, to the following:
Claims respecting penalties for forfeitures prescribed by statute or regulations,
which a government agency is specifically authorized to administer, settle, or
determine.
2. Claims respecting personal injury, death, reimbursement, or other compensation
arising out of or resulting from liability for personal injury or death.
3. Claims respecting a latent defect, breach of warranty, or guarantee to repair.
4. Claims respecting stop notices.
If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance
of a written final decision denying in whole or in part the Contractor's Change Order
Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when
the Contractor discovers, or reasonably should discover, the condition or event giving
rise to the Claim.
6-11.2 FORM
A Claim must include the following:
A statement that it is a Claim and a request for a decision.
2. A detailed description of the act, error, omission, unforeseen condition, event or
other condition giving rise to the Claim.
3. If the Claim is subject to the Change Order procedures, a statement
demonstrating that a Change Order Request was timely submitted and denied.
4. A detailed justification for any remedy or relief sought by the Claim, including to
the extent applicable, the following:
a) If the Claim involves extra work, a detailed cost breakdown claimed. The
breakdown must be provided even if the costs claimed have not been
incurred when the Claim is submitted.
b) To the extent costs have been incurred when the Claim is submitted, the
Claim must include actual cost records (including, without limitation,
payroll records, material and rental invoices) demonstrating that costs
claimed have actually been incurred.
C) To the extent costs have not yet been incurred at the time the Claim is
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Agreement No. 5944
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."
6-11.3 CLAIMS SUBMITTED TO ENGINEER
Within 30 days after the circumstances giving rise to a Claim occur, the Contractor will
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Agreement No. 5944
submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or
any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor
will not cause any delay, cessation, or termination of the Work, but will diligently
proceed with the performing the Work in accordance with the Contract Documents.
Except as otherwise provided, the City will continue to make payments in accordance
with the Contract Documents.
6-11.4 CLAIM IS 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
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.
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Agreement No. 5944
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
litigation results in a decision in favor of the nonappealing party, then the party appealing
the arbitration will pay the nonappealing party's attorney's fees and court costs.
6-11.10 APPEAL TO SUPERIOR COURT_ WAIVER OF JURY TRIAL
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Agreement No. 5944
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 CLAIMS PROCESS
Claims made by a Contractor for one or more of the following are subject to the claim
resolution process set forth in Public Contract Code section 9204:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the city under a contract for a public works project.
(B) Payment by the city of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and
payment for which is not otherwise expressly provided or to which the claimant is not
otherwise entitled.
(C) Payment of an amount that is disputed by the city.
7-2 LABOR
The following subsections are added to Subsection 7-2 of the Green Book.
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.
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Agreement No. 5944
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 j oint 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.
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.
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Agreement No. 5944
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 0101 87
COMBINED
SINGLE
LIMIT
$2,000,000
$1,000,000
Statutory
Contractor will provide endorsements or other proof of coverage for contractual liability.
Combined single limit per occurrence will include coverage for bodily injury, personal
injury, and property damage for each accident.
If Commercial General Liability Insurance or other form with a general aggregate limit is
used, the policy will be endorsed such that the general aggregate limit will apply
separately to this contract and a copy of the endorsement provided to the City.
Liability policies will contain, or be endorsed to contain the following provisions:
GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
The City, its officers, officials, employees, agents, and volunteers will be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned,
occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage will contain no special limitations on the scope or
protection afforded to the City, its officers, officials, employees, agents, or volunteers.
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.
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Agreement No. 5944
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
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 1185, or
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Agreement No. 5944
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:VH. Worker's compensation insurance policies will meet
the requirements of California law.
All subcontractors employed on the work referred to in this contract will meet the
insurance requirements set forth for Contractor. Contractor will furnish certificates of
insurance and endorsements for each subcontractor at least five days before the
subcontractor entering the job site, or Contractor will furnish City an endorsement
including all subcontractors as insureds under its policies.
Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless
the City, its officers, officials, employees, agents and volunteers from all damages, costs
or expenses in law or equity that may at any time arise or be claimed because of damages
to property, or personal injury received by reason of or in the course of performing work,
which may be caused by any willful or negligent act or omission by the Contractor or any
of the Contractor's employees, or any subcontractor. The City will not be liable for any
accident, loss or damage to the work before its completion and acceptance, except as
provided in Subsection 6-10.
The cost of such insurance will be included in the various items of work in the
Contractor's bid and no additional compensation for purchasing insurance or additional
coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any reason,
voided or suspended, Contractor agrees that City may arrange for insurance coverage as
specified, and Contractor further agrees that administrative and premium costs may be
deducted from payments due to the Contractor. Contractor will not be allowed to work
until alternate coverage is arranged.
Coverage will not extend to any indemnity coverage for the active negligence of the
additional insured if the agreement to indemnify the additional insured would be invalid
under Civil Code § 2782(b).
7-3.2 INDEMNIFICATION AND DEFENSE
In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and
Contractor, Contractor will take and assume all responsibility for the work as stated
herein or shown on the plans.
The Contractor will bear all losses and damages directly or indirectly resulting to it, to
the City, its officers, employees, and agents, or to others on account of the performance
or character of the work, unforeseen difficulties, accidents, traffic control, job site
maintenance, or any other causes whatsoever.
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Agreement No. 5944
The Contractor will assume the defense of and indemnify and save harmless the City of
El Segundo, its officers, employees, and agents, from and against any and all claims,
losses, damage, expenses and liability of every kind, nature, and description, directly or
indirectly arising from the performance of the contract or work, regardless of
responsibility for negligence, and from any and all claims, losses, damage, expenses, and
liability, howsoever the same may be caused, resulting directly, or indirectly from the
nature of the work covered by the contract, regardless of responsibility for negligence, to
the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this
Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense
or indemnification for death, bodily injury, injury to property, or any other loss, damage
or expense arising from the sole negligence or willful misconduct of the City, or its
agents, servants or independent contractors who are directly responsible to the City, or
for defects in design furnished by such persons. Moreover, nothing in this Subsection
7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City
from, liability for active negligence of the City.
The City does not, and will not, waive any rights against the Contractor which it may
have by reason of the aforesaid hold harmless agreements because of the acceptance by
the City, or deposit with City by Contractor, of any insurance policies described in
Subsection 7-3 of the Special Provisions. This hold harmless agreement by the
Contractor will apply to all damages and claims for damages of every kind suffered, or
alleged to have been suffered by reasons of any of the 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.
These permits will be issued on a "no -fee" basis. However, the Contractor must pay for
and obtain all other permits from other governmental and utility agencies necessitated by
their operations.
All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees
or other fees charged or required for such permits must be paid by the Contractor. These
costs will be included in the bid item provided. If no bid item is included, costs will be
included in the various items of work, and no additional payment will be allowed.
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Agreement No. 5944
7-8.1 CLEANUP AND DUST CONTROL
Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety
and replaced by the following subsections.
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 WATER POLLUTION CONTROL
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
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
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Agreement No. 5944
control devices deemed appropriate by the City.
(e) Excavated soil stored on the site will be covered in a manner that minimizes the
amount of sediments running into the storm drain system, street or adjoining
properties.
(f) No washing of construction or other industrial vehicles and equipment will be
allowed adjacent to a construction site. During the rainy season (October 15 to
April 15), Contractor will keep at the construction site sufficient materials and
labor to install temporary sediment filtering systems and other water pollution
prevention control measures. These control measures will be in place and
maintained by the Contractor on a daily basis on days when construction is not in
progress due to rain.
(h) All costs associated with water pollution control will be borne by the Contractor.
Any expense incurred by the City to expeditiously respond to storm drain
contamination resulting from Contractor's failure to implement water pollution
control measures will be charged to the Contractor.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
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:
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 TRAFFIC AND ACCESS
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
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Agreement No. 5944
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 H 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 of thirty (30) to
one (1).
Temporary traffic channelization will be accomplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Engineer.
The Contractor will prepare any plans that may be required for temporary striping to the
satisfaction of the Engineer. In no event will temporary striping be allowed on finish
pavement surfaces, which are to remain.
Where access to driveway or street crossings need to be maintained, minimum 1 1/4 inch
thick steel plating will be used to bridge the trench. All steel plating will have temporary
asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over
the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in
residential areas will be secured by welding at the discretion of the Engineer.
7-10.5 PROTECTION OF THE PUBLIC
It is part of the service required of the Contractor to make whatever provisions are
necessary to protect the public. The Contractor will use foresight and will take such steps
and precautions as his operations warrant to protect the public from danger, loss of life or
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Agreement No. 5944
loss of property, which would result from interruption or contamination of public water
supply, interruption of other public service, or from the failure of partly completed work
or partially removed facilities. Unusual conditions may arise on the Project which will
require that immediate and unusual provisions be made to protect the public from danger
or loss of life, or damage to life and property, due directly or indirectly to prosecution of
work under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the
Contractor has not taken sufficient precaution for the public safety, protection of utilities
and protection of adjacent structures or property, which may be damaged by the
Contractor's operations and when, in the opinion of the Engineer, immediate action will
be considered necessary in order to protect the public or property due to the Contractor's
operations under this contract, the Engineer will order the Contractor to provide a remedy
for the unsafe condition. If the Contractor fails to act on the situation immediately, the
Engineer may provide suitable protection to said interests by causing such work to be
done and material to be furnished as, in the opinion of the Engineer, may seem
reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense of
such repairs as are deemed necessary, will be borne by the Contractor. All expenses
incurred by the City for emergency repairs will be deducted from the progress payments
and the final payment due to the Contractor. Such remedial measures by the City will not
relieve the Contractor from full responsibility for public safety.
7-15 HAZARDOUS MATERIAL
The following Subsection will be added to Section 7 of the Greenbook:
For any excavation, which extends more than four feet below existing grade, the
Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in
writing, of 1) any material that the Contractor believes may be hazardous waste, as
defined in Health and Safety Code § 25117, which is required to be removed to a Class I,
Class II, or Class III disposal site in accordance with provisions of existing law, 2)
subsurface or latent physical conditions at the site differing from those indicated, or 3)
unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally 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.
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If a dispute arises between the City and the Contractor whether the conditions materially
differ, involve hazardous waste, or cause a change in the Contractor's cost or time
required for performance of the work, the Contractor will not be excused from any
scheduled completion date provided for by the contract, but will proceed with all work to
be performed under the contract. The Contractor will retain all rights provided by
Subsection 3-5, Disputed Work, of the Greenbook.
If the Engineer determines that material called to the Engineer's attention by the
Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of
hazardous waste, the Contractor will be responsible for removal and disposal of the
hazardous waste by qualified personnel and appropriate equipment in the manner
required by law as directed by the Engineer, subject to the provisions of Section 3
(Changes in Work) of the Greenbook.
9-2 LUMP SUM WORK
Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced
by the following:
Items for which quantities are indicated as "Lump Sum," "L. S.," or "Job" will be paid for
at the price indicated in the Proposal. Such payment will be full compensation for all
costs for labor, equipment, materials and plant necessary to furnish, construct and install
the lump sum item of work, complete, in place, and for all necessary appurtenant work,
including, but not limited to, all necessary cutting, patching, repair and modification of
existing facilities, and clean up of site.
Contractor will furnish three copies of a detailed schedule, which breaks down the lump
sum work into its component parts and cost for each part, in a form and sufficiently
detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of
the lump sum. This schedule is subject to approval by Engineer as to both the
components into which the lump sum item is broken down, and the proportion of cost
attributable to each component.
This schedule will be the basis for progress payments for the lump sum work.
9-3.2 PARTIAL AND FINAL PAYMENTS
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.
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Agreement No. 5944
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
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
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Agreement No. 5944
progress of the Work.
A City Council resolution established a Project Payment Account, encumbered money in
the current budget, and assigned that money to the Project Payment Account which is the
sole source of funds available for payment of the Contract Sum. Contractor understands
and agrees that Contractor will be paid only from this special fund and if for any reason
this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment.
The availability of money in this fund, and City's ability to draw from this fund, are
conditions precedent to City's obligation to make payments to Contractor.
9-3.3 DELIVERED MATERIALS
Materials and equipment delivered or stored, but not incorporated into the work, will not
be approved for progress payments.
100-1 TERMINATION OF AGENCY LIABILITY
Before receiving final payment, the Contractor will execute a Release on Contract" form
which will operate as, and will be a release to the City, the City Council, and each
member of the City Council and their agencies, from all claims and liability to the
Contractor for anything done or furnished for, or relating to, the work or for any act of
neglect of the City of any person relating to or affecting the work, except the claim
against the City for the remainder, if any there be, of the amounts kept or retained as
provided in Subsections 9-3 of the Standard Specifications and except for any unsettled
claims listed on said form which have been filed in compliance with the requirements for
making claims. - END OF SECTION -
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Agreement No. 5944
SECTION III — SPECIAL PROVISIONS
1-0. GENERAL SCOPE, TIME FOR COMPLETION, AND LOCATION OF WORK
1-1. General Scope of Work:
The work to be done consists of furnishing all labor, materials, tools, equipment and
incidental for the construction/installation, complete in place, of street cold milling,
street resurfacing (asphalt concrete overlay), utility manhole and valve can adjustments,
striping, street sweeping, and traffic control as described in the Special Provisions.
This project will involve asphalt concrete overlay. One lane of through traffic shall be
allowed in the construction area at all times. Existing pavement markers and striping
shall be removed for the paving and then re -installed once resurfacing has occurred.
Catch basins shall be appropriately protected from construction debris, and existing
flow lines to catch basins shall be maintained during and after street resurfacing.
Contractor shall implement pedestrian and vehicle traffic control to direct the general
public away from the project site before and during construction. All work shall
conform to all applicable State, local, regional and Federal codes, ordinances, and
regulations as prescribed by the City.
1-2. General Standards and Proiect Specifications
1. All work shall be performed in accordance with the Standard Specifications for
Public Works Construction, 2018 or latest edition, including supplements
thereto, American Public Works Association, Standard Plans for Public Works
Construction, the City of El Segundo Engineering Division's Standard
Drawings, unless otherwise shown on the plans, or as specified herein.
2. Strict compliance with State and local safety codes will be enforced.
3. Legible copies of material/weight certification shall be turned over to the
inspector on a daily basis.
4. The Engineer's decision shall be final as to interpretation and/or conflict
between any of the referenced code, laws, ordinances, specifications and
standards contained herein.
1-3. Location of the Work:
1. E. Imperial Avenue from McCarthy Court to California Street.
2. E. Pine Avenue from Arena Street to Center Street.
1-4. Examination of the Job Site
The BIDDER shall make a detailed physical inspection of the site and submit any
questions whose answers may affect their bid price, to City staff by the deadline
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Agreement No. 5944
provided, before submitting a proposal. It is understood that BIDDERS have satisfied
themselves, before submitting a bid, regarding existing conditions and existing access
which may affect bid prices for the proposed work.
1-5. Working Days and Time for Completion:
1. Contractor will begin work on the mutually agreed-upon City of El Segundo's
Notice to Proceed date. The work shall be completed within twenty-five (25)
working days after the date of commencement.
2. The project shall be constructed in the period between mid-July and September 4.
Pine Street paving shall be completed prior to August 11 when the school year will
begin.
3. Work hours on E. Imperial Avenue shall be 9:00 am to 3:00 pm on weekdays.
4. Work hours on E. Pine Avenue shall be 7:00 am to 4:00 pm on weekdays.
5. No work shall occur on City holidays, listed in Section H-6-7.2.
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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
TELEPHONE
1. Start of work, Floriza Rivera, Public Works Staff 310-524-2361
shutdown of work, Beto Moreno, Street Maintenance Supervisor 310-524-2899
or resumption of
work after shutdown
Lifan Xu, City Engineer 310-524-2368
Mark Watkins, Director of Public Works 310-524-2356
2. Closing of streets El Segundo Police Department** 310-524-2200
El Segundo Fire Department** 310-524-2236
* * The CONTRACTOR will notify the Engineering Division before notifying these offices.
The following information is provided for CONTRACTOR'S use to notify agencies if their
facilities are affected by CONTRACTOR'S work:
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 El Segundo - Wastewater Division
4. City of El Segundo - Recreation and Parks
5. Southern California Gas Company
6. Southern California Edison Company (SCE)
7. AT&T
8. Time Warner Communication (Cable)
9. Los Angeles County Sanitation District
10. El Segundo Unified School District
2-1. NO PARKING NOTIFICATIONS
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
The CONTRACTOR shall post City -approved temporary NO PARKING notices a
minimum of seventy-two (72) hours before the start of operation. The CONTRACTOR
shall promptly notify City staff once posting is completed in order to ensure the 72 -
hour requirement has been met.
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Agreement No. 5944
3-0. INSPECTION
Section 4-1.3 on page H -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 the Engineer or
City Inspector.
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.
4-0. 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 company vehicles on private property.
5-0. STORAGE OF MATERIALS AND EQUIPMENT
1. No material or equipment shall be stored in 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.
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Agreement No. 5944
6-0. CENTERLINE TIES AND BOUNDARY MARKERS
The Contractor is to verify if there are existing centerline ties or boundary markers in
the way of construction and submit such verification to City staff prior to
demolition/removal. If they cannot be protected in place, Contractor's state -licensed
surveyor is to re-establish them after construction and provide the City with the new
centerline tie information at no additional cost to the City.
7-0. QUALITY ASSURANCE
Contractors shall exercise due care to assure procurement, storage and placement of
materials form site or offsite sources which will comply with the requirements,
specifications and standards set out herein. Contractor may, at his discretion, have such
tests and inspections as he may desire performed by qualified personnel or independent
testing services, for his guidance and control of the work.
If required by the City, the contractor shall provide and pay for geotechnical and
structural inspection and testing by independent testing service selected by the
Contractor and approved by the City. In this regard, a Geotechnical Engineer and
Structural Engineer retained by the Contractor will act as the direct representative to
perform duties such as inspection of the removal and placement of unsuitable
materials, and footings, and the placement and compaction of all fills and backfills
within the limits of the Project. The definition of Geotechnical Engineer registered in
the State of California in all matters relating to geotechnical work required for the
Contract. The definition of Structural Engineer shall include an Engineer registered in
the State of California in all matters relating to structural work required for the
Contract. Costs for all such inspections and tests will be paid by the Contractor. The
Contractor shall bear the cost of retest/re-inspection of work due to non-compliance.
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Agreement No. 5944
SECTION IV — MEASUREMENT AND PAYMENT
1-0. GENERAL:
Proposed Bid prices shall be complete for each bid item. The bid item work below to
be measured and paid for shall be carried out in accordance with the Standard
Specifications, the proj ect plans, these specifications, as directed by the City Inspector,
and in addition any applicable government codes related to the work or named in the
descriptions for the bid item. Prior to bidding, the Contractor shall inspect project areas
and bring any discrepancies to the City's attention.
Bid item prices shall cover the costs for all mobilization, demolition, excavation, site
preparation, pavement installation, striping and marker installation, utility cover
adjustments, and other construction activities, and demobilization activities required
for each item. Bid item costs shall include complete removal and immediate disposal
of excavation debris, preparatory removal of vegetation, tree stumps, and tree roots as
necessary, temporary paving and public safety measures, and the restoration of
landscaping, public and private property damaged during the construction, to the City's
satisfaction.
Should the contractor request and obtain permission to use admixtures for its own
benefit, it shall furnish such admixtures and incorporate them in the mixture at its
expense, and NO additional compensation will be allowed.
2-0. BID ITEMS
2-1. Mobilization/Demobilization and Traffic Control (Bid Item 1)
The maximum lump sum price bid for this item shall not exceed 5% of the total
contract price, payment for which will be made on a percentage -completed basis of
the lump sum price named in the Bid Schedule, which price shall constitute full
compensation for all labor, equipment, tools, materials and incidentals needed to
mobilize and provide traffic control. The scope of work included under Bid Item 1
shall include the items listed under Mobilization and traffic control described in
these specifications.
All traffic warning signs shall be illuminated or reflectorized when they are used
during hours of darkness. All cones, pylons, barricades, or posts used in the
diversion of traffic shall be provided with flashers or other satisfactory illumination
if in place during hours of darkness. Uneven pavement surfaces shall be temporarily
ramped per accepted standards until surfaces are brought to final grade.
2-2. Cold mill 2" existing asphalt concrete pavement (Bid Item 2)
Cold -milling shall be paid on a units -completed basis at the contract unit price per unit
named in the Bid Schedule, which price shall constitute full compensation for
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Agreement No. 5944
furnishing all labor, equipment, tools, materials and incidentals needed for doing all
work to removal of existing asphalt concrete, including cold planing, dust control,
street sweeping, removal, and disposal of asphalt material. The unit price shall also
include removal of vegetation as necessary at the curb line in order to accommodate
milling and paving equipment. Vegetation removal shall be conducted using only sharp
gardening tools such as hedge trimmers.
2-3. Overlav 2" asphalt concrete pavement (Bid Item 3)
Overlay shall be paid for on a units -completed basis at the contract unit price per unit
named in the Bid Schedule, for furnishing all labor, equipment, tools, materials and
incidentals needed for installation of C2 PG -64-10 asphalt hot mix including tack coat.
Included in the bid price are allowances for pavement replacement for items where it is
incidental to. No extra compensation will be made should additional paving need to be
done due to Contractor's operations. The contract unit price shall include full
compensation for establishing proper flowlines, compaction, joining to existing
pavement, and finishing activities.
2-4. Adiust sewer and storm drain manhole covers to final grade (Bid Item 4)
Manhole adjustment and associated work will be paid for on a units -completed basis at
the contract unit price per unit named in the Bid Schedule, which price shall constitute
full compensation for furnishing all labor, equipment, tools, materials and incidentals
for adjustment of manholes. Note: contractor shall coordinate with other utility
agencies for grade adjustment of any manhole covers other than sewer or storm drain
manhole covers.
2-5. Adiust water valve covers to final grade (Bid Item 5)
Valve cover adjustment and associated work will be paid for on a units -completed
basis at the contract unit price per unit named in the Bid Schedule, which price shall
constitute full compensation for furnishing all labor, equipment, tools, materials and
incidentals for adjustment of valve covers. Note: contractor shall coordinate with other
utility agencies for grade adjustment of any valve or vault covers other than water valve
covers.
2-6. Replace striping, pavement markings, and pavement markers (Bid Item 6)
Replacement of various striping, pavement markings, and pavement markers will be
paid for on a units -completed basis at the contract unit price per unit named in the Bid
Schedule, and shall include compensation for finishing all labor, equipment, tools,
materials and incidentals needed to replace striping, markings, and pavement markers
to approved standards and their original positions. Appendix 6 shows the striping and
marking items for which a schedule of values will later be requested from the
successful contractor.
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Agreement No. 5944
3-0 ALTERNATE BID ITEMS
3-1. Six -inch -deep asphalt repairs (Alt. Bid Item 7)
Four -inch -deep asphalt repairs in place will be paid for on a units -completed basis at
the contract unit price per unit named in the Bid Schedule. Payment for this item shall
include full compensation for 6 -inch -deep asphalt repairs per Section V including
sawcutting, asphalt removal, installation of base, PG 64-10 tack coat, installation of C2
PG 64-10 hot mix asphalt, dust control and other related items. The Contractor is
advised to inspect the site to see where areas shall be removed and replaced. Asphalt
repairs shall take place prior to overlay activities and traffic control shall be per
Section V.
3-2. Grind and overlav of California Street between Imperial Hiahwav and Cul-de-sac
(including California St./Imperial Ave. intersection) (Alt. Bid Items 8-12)
Cold mill 2" existing asphalt concrete pavement (Alt. Bid Item 8)
Cold -milling shall be paid on a units -completed basis at the contract unit price per unit
named in the Bid Schedule, which price shall constitute full compensation for
furnishing all labor, equipment, tools, materials and incidentals needed for doing all
work to removal of existing asphalt concrete, including cold planing, dust control,
street sweeping, removal, and disposal of asphalt material. The unit price shall also
include removal of vegetation as necessary at the curb line in order to accommodate
milling and paving equipment. Vegetation removal shall be conducted using only sharp
gardening tools such as hedge trimmers.
Overlav 2" asphalt concrete pavement (Alt. Bid Item 9)
Overlay shall be paid for on a units -completed basis at the contract unit price per unit
named in the Bid Schedule, for furnishing all labor, equipment, tools, materials and
incidentals needed for installation of C2 PG -64-10 asphalt hot mix including tack coat.
Included in the bid price are allowances for pavement replacement for items where it is
incidental to. No extra compensation will be made should additional paving need to be
done due to Contractor's operations. The contract unit price shall include full
compensation for establishing proper flowlines, compaction, joining to existing
pavement, and finishing activities.
Adiust sewer and storm drain manhole covers to final grade (Alt. Bid Item 10)
Manhole adjustment and associated work will be paid for on a units -completed basis at
the contract unit price per unit named in the Bid Schedule, which price shall constitute
full compensation for furnishing all labor, equipment, tools, materials and incidentals
for adjustment of manholes. Note: contractor shall coordinate with other utility
agencies for grade adjustment of any manhole covers other than sewer or storm drain
manhole covers.
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Agreement No. 5944
Adiust water valve covers to final grade (Alt. Bid Item 11)
Valve cover adjustment and associated work will be paid for on a units -completed
basis at the contract unit price per unit named in the Bid Schedule, which price shall
constitute full compensation for furnishing all labor, equipment, tools, materials and
incidentals for adjustment of valve covers. Note: contractor shall coordinate with other
utility agencies for grade adjustment of any valve or vault covers other than water valve
covers.
Replace striping, pavement markings, and pavement markers (Alt. Bid Item 12)
Replacement of various striping, pavement markings, and pavement markers will be
paid for on a units -completed basis at the contract unit price per unit named in the Bid
Schedule, and shall include compensation for finishing all labor, equipment, tools,
materials and incidentals needed to replace striping, markings, and pavement markers
to approved standards and their original positions. Appendix 6 shows the striping and
marking items for which a schedule of values will later be requested from the
successful contractor.
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.
Per Section II -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.
Any additional work similar in scope as described above and approved as project's
change order shall be calculated at the Contractor's unit bid cost.
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.
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Agreement No. 5944
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.
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Agreement No. 5944
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:
1. Obtaining all required permits
2. Moving on to the site of all Contractor's equipment required for operations
3. Providing on-site sanitary facilities
4. Arranging for and erection of Contractor's work and storage yard
5. Posting all OSHA required notices
6. Submittal of Construction Schedule, Contractor Contact List, Centerline Tie
Inventory, Survey Marking Inventory, and Notices to City staff for City approval
7. Distribution of a City -approved Notice to Business and Residents at least one week
prior to construction.
8. Notification of property owners, businesses, residents, and motorists, using temporary
traffic warning and safety signage where construction is or will be occurring.
Notification shall be furnished by Contractor and shall be distributed seventy-two
(72) hours prior to work in that area.
9. Re -notification of all affected parties for all construction schedule changes
10. Traffic control as required per W.A.T.C.H. manual and CA MUTCD or approved
traffic control plans
11. Coordinating with Underground Service Alert (USA) or Dig Alert to mark
underground utilities before any excavation
12. Coordination with utility agencies, street sweeper, and waste hauler to avoid conflicts
during project activities
13. Steel plating and/or asphalt ramping for excavated trenches and areas of uneven
elevations
14. Restoration to existing standard conditions or better, of private and public property
damaged during construction
15. NPDES permit compliance
16. Bringing unforeseen field conditions to City staff's attention in a timely manner
17. Demobilization
1-1. Clearing, grubbing, and landscape removal shall take place as necessary for all
construction activities to occur, including but not limited to Section 300-1 of the
Standard Specifications. If applicable, live tree roots shall be inspected by the
Recreation and Parks Department after the surface above them has been removed, to
ascertain if tree root barrier installation or full tree removal is necessary. Costs for
clearing, grubbing, and landscape/tree root removal shall be included in the bid prices
for the different bid items. All such removals shall take place prior to any excavation
for construction. Where necessary, the contractor shall replace residential landscaping
or sprinklers damaged by construction after construction is complete.
1-2. Underground Service Alert, 1-800-227-2600, shall be contacted and the contractor
shall determine the exact location of all utilities prior to beginning excavation and
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construction. If conflicts are discovered, the Contractor shall notify the Engineer
immediately. A detailed description of the depth and location of utility conflicts in
relation to the proposed storm drain facilities shall be provided to City Inspector as
well as the applicable utility agency. A list of utility agency and waste hauler contact
number is included in the Appendix.
1-3. Demobilization shall include all activities for the Contractor to remove all equipment,
on-site sanitary facilities, etc. from the project areas after construction is complete.
Demobilization shall also include general cleanup activities and punch list items and
specific activities determined by the City Public Works Inspector, to repair or replace
any private or public facilities damaged by the construction and to return public right-
of-way to the same or better condition as that existing prior to construction.
2-0 NOTIFICATION
Due to the nature of this project involving some inconvenience to residents, businesses,
and the public, a good public relations program is mandatory and evidence of
satisfactory past performance in this area will be required.
The City will require the Contractor to distribute two (2) "Public Notice" documents to
each business and resident affected by the construction. The Contractor shall submit all
required resident and property owner notices to the City at the pre -construction meeting
for approval. Notices shall include the project times, dates, working hours, description
of project activities, a description of any steps required of owners and residents to
ensure safety and successful construction, and shall inform residents of the possible
effects of driving through the asphalt and onto their properties before the pavement is
set. The first notice shall be distributed ten (10) calendar days prior to the start of any
work. The second notice shall be distributed at least forty-eight (48) hours prior to the
start of work. The second notice shall be attached to a red information hanger provided
by the Contractor and hung on the front door knob of every resident/ business on the
project streets.
The Contractor shall place delineators and postdated "TEMPORARY NO PARKING"
signs on the curb at least 72 hours in advance of the construction, to alert motorists that
parking shall not occur at the location and for what length of time. The signs are
subject to the approval of the Engineer. (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.
The Contractor shall submit traffic control plans and project schedules to City staff at
the project pre -construction meeting. Any changes to plans and schedules must be
submitted to staff prior to their occurrence. Traffic control shall adhere to W.A.T.C.H.
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manual guidelines. The contractor shall notify motorists of impending detours at least
forty-eight hours prior to their occurrence, through the use of traffic control devices.
ONCE A SECTION OF STREET HAS BEEN POSTED, FAILURE OF THE
CONTRACTOR TO MEET AND COMPLETE THE APPROVED DAILY
SCHEDULE DUE TO CONDITIONS UNDER THE CONTRACTORS
CONTROL, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE
AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE,
IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR
FAILURE TO MEET AND COMPLETE THE SCHEDULE AFTER POSTING,
THE CONTRACTOR SHALL PAY TO THE CITY, OR HAVE WITHELD
FROM MONIES DUE, THE SUM OF $200 AS LIQUIDATED DAMAGES FOR
EACH DAY OF ADDITIONAL POSTING REQUIRED TO COMPLETE THE
PROPOSED WORK. REPOSTING AND NOTIFICATION WILL BE
REQUIRED FOR EACH MISSED DAY. SAID POSTING AND
NOTIFICATION WILL BE AT THE CONTRACTOR'S EXPENSE.
The CONTRACTOR shall be responsible for adequate barricading of the work area
and controlling of traffic in the vicinity of the project as specified in Sub- section 7-10
of the General Provisions. Should the CONTRACTOR appear to be neglectful or
negligent in furnishing warning and protective devices, the City Engineer may direct
attention to the existence of a hazard and the necessary warning and protective
measures shall be furnished and installed immediately by the CONTRACTOR at
his/her expense.
Should the City point out the inadequacy of warning and protective measures, such
action on the part of the City Engineer shall not relieve the CONTRACTOR from
responsibility for public safety or abrogate his/her obligation to furnish and pay for
these devices. If said devices will be placed or are caused to be placed by the City
Engineer, the cost of placing such devices shall be the sole responsibility of the
CONTRACTOR and shall be paid for the rate of $50/hour for labor and vehicle use,
$20/day per barricade and any other costs incurred by the City relative to traffic
control. Said costs shall be deducted from the total contract price for the work.
Cooperation with concurrent constructions and operations
The Contractor shall cooperate with other contractors and the City's personnel
performing work in the vicinity, shall conduct its operations in a manner to prevent
unnecessary delay or hindrance to their work, and shall coordinate its work with theirs
to permit proper and timely completion of all projects in the area.
Coordination with affected businesses and residents
The Contractor shall respond to any complaints received from a property owner
(business or resident) and contact the complainant within one (1) working day. The
complaint shall be resolved within two (2) working days from the date on which it was
received.
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The Contractor shall adjust its schedule in order to allow affected Businesses to operate
as regularly scheduled.
3-0 TRASH PICKUP, STREET SWEEPING, AND MAIL DELIVERIES
The Contractor shall coordinate with the City waste hauler and the City street sweeper
to avoid construction conflicts on days when trash will be collected or streets will be
swept on the project streets.
If applicable, the contractor must also coordinate with the US Post Office to ensure that
mail will be delivered without interruption. The notification to the US Post Office shall
be submitted to the City for approval before the notice is sent out.
4-0 STORM DRAIN PROTECTION
Nearby catch basin and storm drain openings must be protected with felt and sand bags
to ensure there will be no spillage into the City storm drain systems.
5-0 EXCAVATION
5-1 Potholing Prior to Excavation
If necessary, potholing of existing utilities should take place at least two weeks prior to
the start of any excavation to allow adequate time for the necessary protection, removal
and rearrangement of utilities by either the utility owner or the Contractor, as
applicable. For work to be performed by a utility owner, the construction schedule shall
allow for the time period required by the utility owner for such work. The Contractor
shall notify the Engineer in writing of any subsequent changes in the construction
schedule which will affect the time available for protection, removal, or rearrangement
of utilities, and shall obtain the Engineer's approval of such changes. Backfilling,
proper compaction and temporary asphalt replacement shall occur after potholing until
full excavation can occur.
No additional compensation will be allowed for modifications to trench shoring caused
by utility service connections whether or not the utility services are shown on the Plans.
5-2 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.
When a street excavation is made, the existing pavement must be sawcut and removed
to clean straight lines, free of irregularities, to a depth sufficient to permit pavement
removal without damage to pavement left in place. If a longitudinal pavement joint or
edge of pavement is located within three (3) feet of the limit of the excavation, the
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Contractor shall remove intervening pavement and replace it after backfilling the
trench. Sawcuts shall be either parallel to or perpendicular to the existing curb face.
Material excavated in the roadway 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. No surplus materials shall 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 H-3-4 and Section IV -4-0.
6-0 REMOVAL OF EXISTING ASPHALT, DUST CONTROL
Asphalt concrete demolition and construction shall be per Standard Plans for Public
Works Construction, current ADA standards, and City of El Segundo Standards.
The Contractor shall inspect all locations called out in the project specifications to
determine the extent of the removals needed. Existing asphalt concrete that is broken
into pieces to be discarded shall be removed from the project site and properly disposed
of the same day.
The Contractor shall take care that areas shall be sufficiently watered down during
demolition as well as construction for dust control. Complaints from the public
regarding dust shall be met by the Contractor with an increase in dust control
prevention practices. If necessary, sites shall be swept daily to remove debris.
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.
7-0 REPLACEMENT OF DAMAGE TO EXISTING FACILITIES
The Contractor shall take care to protect -in-place City and private property not within
the scope of this project from any damage. If damaged during demolition or
construction, City property 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. The City staff will give notice of observed defects with
reasonable promptness.
7-1 Tie -Out & Re-establish Survev Monuments and Benchmarks
In accordance with Section 8771 of the Business and Professional Code, the Contractor
will hire a licensed land surveyor to tie out centerline ties, benchmarks, and other
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monuments affected by the project prior to commencement of construction. The land
surveyor shall file corner records with the City Engineer; and re- establish any such
monuments or benchmarks previously damaged or destroyed in the construction area
and file corner records with the City of El Segundo Public Works Department after
replacement.
8-0. TREE ISSUES
For the purposes of this project, a tree stump is defined as the remaining portion of the
tree trunk after a tree trunk has been cut and the majority of the felled tree removed.
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 underground,
providing the tree with nourishment and support. Tree roots can be any length or
diameter. After a tree has been cut down, tree roots continue to extend from the stump.
All existing facilities within the scope of this project, if affected by a live tree or tree
root uplift, shall be scheduled for demolition and removal before all other areas.
Asphalt pavement significantly damaged by tree roots shall be repaired prior to final
paving. The Contractor shall coordinate with City staff for Recreation and Parks
Department to assess, after removal, if tree root barrier installation or full tree removal
is necessary. The Contractor may move on to a construction on a different portion of
the project in the interim.
The Contractor shall be responsible for removing any remaining tree stump and roots in
the parkway, or tree roots in the pavement, as applicable to the project. Any removal
necessary for the construction of concrete or asphalt improvements shall be completed
before the replacement of the concrete or asphalt. At locations where tree roots are
encountered, the Contractor shall cut out tree roots to the full length and width of the
new work a minimum of two (2) feet below finish grade.
Where tree roots have damaged and uplifted the asphalt to be replaced per these
specifications, the contractor shall sawcut beyond the damaged area by a minimum of
6 (six) inches in all applicable directions. Sawcuts shall be parallel or perpendicular to
existing curb face. Contractor shall cut all interfering tree roots, and remove and repair
the portions of damaged asphalt within the sawcut area.
9-0. TRAFFIC CONTROL
Traffic control shall conform in accordance to the latest editions of the Work Area
Traffic Control Handbook, the Caltrans' Manual of Traffic Control in Construction and
Maintenance Zones, and the standards contained in the "Manual of Uniform Traffic
Control Devices (MUTCD)" and the stipulations set forth in this article.
Contractors shall maintain one lane of traffic in each direction at all times unless
otherwise approved by City staff.
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The Contractor shall provide and maintain all signs, barricades, flashers, delineators
and other necessary facilities for the protection of the motoring public within the limits
of the construction area. The Contractor shall also post proper signs to notify the public
regarding detours and conditions of the roadway, all in accordance with the provisions
of the Vehicle Code and the current State of California Department of Transportation
"Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon
Highways."
Portable delineators shall be spaced as necessary for the proper delineation of the
traveled way. If the traffic cones or portable delineators are damaged, or are not in an
upright position from any cause, said cones or portable delineators shall immediately
be replaced or restored to their original location, in an upright position, by the
Contractor.
The Contractor shall furnish such flagmen as are necessary to give adequate warning to
traffic or to the public of any dangerous conditions to be encountered. Flagmen, which
on duty, are assigned to give warning to the public that the highway is under
construction and of any dangerous conditions to be encountered as a result thereof,
shall perform their duties and shall be provided with the necessary equipment in
accordance with the current "Instructions to Flagmen" of the Department of
Transportation. The equipment shall be furnished and kept clean and in good repair by
the Contractor, at his expense.
Should the Contractor appear to be neglectful or negligent in furnishing warning and
protective measures as above provided, the Engineer may direct attention to the
existence of a hazard, and the necessary warning and protective measures shall be
furnished and installed by the Contractor, at his expense. Should the Engineer point out
the inadequacy of warning and protective measures, such action on the part of the
Engineer shall not relieve the Contractor from responsibility for public safety or
abrogate his obligation to furnish and pay for these devices.
The Contractor shall conduct his operations so as to provide reasonable access to the
adjacent properties 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.
When entering or leaving roadways carrying public traffic, the Contractor's equipment,
whether empty or loaded, shall in all cases yield to public traffic.
Uneven Surfaces
Where asphalt or concrete removal has temporarily left potentially unsafe surface
elevation differences in either the pedestrian or vehicle traveled way, the contractor
shall safely ramp between or detour around the uneven surface areas until they can be
permanently brought to the same grade. Warning signs and devices shall be placed at
the proper distance in advance of and at the areas to alert the public to the uneven
surfaces.
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Agreement No. 5944
10-0. ASPHALT REPAIRS - PAVEMENT REMOVAL AND REPLACEMENT
Asphalt repair shall occur where directed by the City Public Works Inspector and shall
join the surrounding existing asphalt to properly direct storm flow to the storm drain
system. Asphalt not adjacent to existing curb or gutter and to be repaired shall be saw
cut for removal with saw cuts perpendicular or parallel to the existing curb face.
Asphalt slot paving, required for all asphalt next to newly poured concrete, shall be at
minimum three feet wide. The new paving shall consist of 6 inches of 1/2 -inch-
maximum State mix over a 6 -inch base. New asphalt shall be feathered to meet
existing asphalt, and shall also meet new concrete at a reasonable height and slope to
allow proper drainage.
Asphalt shall be 6 inches thick and applied in two lifts over a minimum of 6 inches of
crushed aggregate or crushed slag base. Where a series of cuts are made, regardless of
the spacing between individual cuts, the series shall be treated as a continuous open
trench and the pavement repair shall be continuous across all cuts.
All asphalt concrete pavement shall conform to Section 203-6 of the Standard
Specifications and as shown on the details in the plans. Asphalt concrete shall be 1/2 -
inch -maximum State mix unless otherwise specified. Paving shall occur in lifts, after
backfill with and compaction of appropriate materials has occurred. All backfilling and
paving shall be to the City Inspector's approval. Paving rollers shall be on the job site
before any paving is started. The final height of new paving next to new gutter shall not
be more than 1/2 -inch high and shall be at minimum 5" high next to existing curb. The
Contractor shall be responsible for bringing to the City's attention any additional
asphalt required for proper drainage prior to any placement of new asphalt. If improper
asphalt placement occurs detrimentally affecting drainage, the contractor shall remove
and replace the asphalt at no further cost to the City.
Base material for the reconstruction of the pavement shall be in accordance with
Subsection 200-2.2 of the Standard Specifications. A tack coat of PG 64-10 paving
asphalt shall be uniformly applied to the surface to be paved. The surface shall be free
of water, foreign material, and dust when the tack coat is applied.
11-0. NPDES COMPLIANCE
A. Contractor shall thoroughly clean dust and debris resulting from his operations
to comply with the "Clean Water Act." Sweeping, wet vacuuming, and/or other
approved measures of removing such debris shall be taken during the removal
and construction operations. No dust or debris shall be deposited or discharged
into the storm drain facilities.
The Contractor shall provide and maintain at all times during construction
ample means and devices to promptly remove and properly dispose of all water
entering the excavations or other parts of the work. No concrete footing shall be
laid in water, nor shall water be allowed to rise over them until the concrete or
mortar has set at least eight (8) hours.
Agreement No. 5944
Disposal of water shall be the sole responsibility of the Contractor. Disposal
methods shall conform to the Porter -Cologne Water Quality Control Act of
1974, the Federal Water Pollution Control Act Amendments of 1972, and the
California Administrative Code, Title 23, Chapter 3.
Contractor shall not discharge or permit to be discharged to any street, channel,
river, storm drain, or any appurtenances thereof, any non -rain water or other
liquid substance from the project or from operations pertaining to the project
site without first securing a valid National Pollutant Discharge Elimination
System (NPDES) permit unless the discharge is specifically listed as exempt or
conditionally exempt in the most current list issued by the Regional Water
Quality Control Board, Los Angeles Region.
Contractor shall implement all necessary Best Management Practices (BMPs)
to ensure that any conditionally exempt discharge meets all current
requirements of the Regional Water Quality Control Board and City.
City may prohibit or restrict any discharge if, in its sole discretion, the
discharge is polluting, unsafe, or causes a nuisance condition to be created.
B. Contractor shall reduce the discharge of pollutants in storm water runoff to the
maximum extent practicable by the effective implementation of appropriate
BMPs. The following are the minimum requirements:
1. Sediments from areas disturbed by construction shall be retained on site
and stockpiles of soil shall be properly contained to minimize sediment
transport from the site to streets, drainage facilities, or adjacent
properties via runoff, vehicle tracking, or wind.
2. Construction -related materials, wastes, spills, or residues shall be
retained at the construction site to minimize transport from the work
area to streets, drainage facilities or adjoining properties via vehicle
tracking, runoff, or wind.
3. Non-stormwater runoff from equipment and vehicle washing shall be
contained at project sites.
4. Erosion from slopes and channels shall be controlled by implementing
an effective combination of BMPs, such as limiting grading scheduled
during the wet season; inspecting graded areas during rain events;
planting and maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
C. The selection, submittal, and adherence to BMPs are the responsibility of the
Contractor. The selected BMPs must be submitted to and approved by City
prior to performing any operation under this contract which will disturb or
expose soil, including, but not limited to: excavation, grading, demolition,
clearing and grubbing, pavement removal, etc.
D. Construction activity that results in soil disturbances of less than one acre is
subject to the General Permit for Storm Water Discharges Associated with
Construction Activity (General Permit) if the construction activity is part of a
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larger common plan of development that encompasses one or more acres of soil
disturbance or if there is significant water quality impairment resulting from the
activity.
If it is determined that the entire site consists of one acre or greater, the
Contractor must file a Notice of Intent (NOI) with the State to comply with the
terms of the General Permit, and must provide proof of a Waste Discharge
Identification (WDID) Number to the City prior to the issuance of a grading
permit. The preparation, submittal and adherence to all NOIs, Storm Water
Pollution Prevention Plans (SWPPPs), Wet Weather Erosion Control Plans
(WWECPs), and Contractor Self -Inspection Forms are the responsibility of
Contractor.
D. The City may restrict the continuation of work if it is determined that the
Contractor has not met all the NPDES requirements.
12-0. PAVING ACTIVITIES
12-1. Cold Milling
In accordance with Section 302-5.2, cold milling from gutter or pavement edge to a
depth of 2 inches is required, only on the portions shown on the street to be cold
milled. The final cut shall result in a uniform surface conforming to the typical cross
section. It is the Contractor responsibility to remove all the thermoplastic pavement
markings prior to the cold milling operation.
Asphalt to be discarded shall be removed from the project site and properly disposed of
the same day. The Contractor shall take care that areas shall be sufficiently watered
down during demolition as well as construction for dust control. 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.
After cold planing, the Contractor is required at all transverse joints, manholes, and all
asphalt areas of uneven elevations caused by the cold milling to immediately taper
three (3') feet from the edges with cold mix asphalt concrete until the areas can be
permanently filled with hot mix. Temporary ramping, where required by the inspector
or City staff for traffic control or other purposes, shall be considered included in the
price bid for "Mobilization and Traffic Control", and no additional compensation will
be allowed.
Asphalt shall be installed the same week that cold milling occurs on the same street,
unless there is a rain delay. The contractor shall ensure that a second asphalt company
can provide the asphalt materials should there be any reason the primary supplier
cannot deliver the materials. If the contractor cannot guarantee that asphalt paving will
occur on a street within the required time frame, no cold milling will be allowed to take
place on that street until it can be scheduled as described. City streets are not to be left
unpaved for more than three working days.
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Contractor shall be required to provide documentation that the asphalt material
collected from the grinding process is recycled and diverted from the landfill. This
documentation maybe in the form of weight slips from a known recycling facility or a
verifiable letter from the end-user. Any documentation submitted must contain accurate
quantities in either tons or cubic yards. Failure to provide such documentation may be
grounds to withhold final payment.
Contractor's attention is directed to the condition that if the presence of pavement
fabric, petromat, rubberized material or steel reinforcement within the depth to be cold -
milled is encountered, Contractor shall inform the inspector or City staff immediately.
Pavement fabric, petromat, rubberized material, or steel reinforcement shall be
completely removed and disposed of appropriately.
At all locations where an overlay pavement is joining or overlaying existing asphalt
pavement, the Contractor shall cold mill existing pavement to provide straight neat
lines and feather the new pavement to form a smooth transition with the existing
pavement. This condition is particularly required as locations where the project joins
the existing pavement. The Contractor will also be required to match the existing
pavement elevations. The final cap transition between the streets must be smooth and
neat in appearance, including the radius points.
The Contractor shall thoroughly inspect the work site in advance of the cold milling
operations to minimize the risk of striking any metal roadway improvements such as
sewer, communications, storm drain manhole covers, water and gas valve covers since
these utilities were not marked on plans provided in these specifications.
Care shall be exercised not to damage adjacent concrete curbs or gutters. Curb or gutter
damaged due to cold milling work shall be replaced as approved by the inspector or
City staff at the Contractor's expense. The contractor shall restore any existing area
drainage when replacing curb.
Residue from grinding shall not be permitted to flow or travel into gutters, onto
adjacent street surfaces or parkways. All residues shall be completely removed by street
and manual sweeping and properly disposed. No washing of residue into drainage
structures will be allowed. All catch basins and curb inlets shall be covered, utilizing
the best management practice (BMP) which most appropriately fits the situation, and as
approved by the City Engineer. The Contractor shall also make every effort to control
all dust created by his operations by utilizing the Best Management Practice approved
by the State Water Resource Control Board.
12-2. ASPHALT CONCRETE OVERLAY
Work to be performed under this item shall conform to Section 300 of the Standard
Specifications and these Special Provisions. Asphalt concrete hot mix, C2 -PG 64-10,
shall conform to applicable Subsection 203 of the provisions of Section 200 of the
Standard Specification and these Special Provisions. The viscosity grade of paving
asphalt shall be PG 64-10. Tack coat shall be PG 64-10.
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This work shall consist of furnishing, spreading and compacting a minimum 2" thick
asphalt concrete pavement surface course. This work shall also consists of applying
paint binder (tack coat) to the existing pavement surface and vertical surfaces to be
joined. Joining existing pavement shall be done to the satisfaction of the City Inspector.
The finished edge of the new pavement at gutter plate shall be no less than 1/4" and no
greater than 3/8" above the existing gutter plate.
Where new paving joins existing paving, Contractor shall grind down the existing
surfaces twelve (12) inches back from the joint line so there will be sufficient depth to
provide a minimum of one (1) inch of asphalt concrete. Join line shall be straight and
edges vertical.
Contractor shall be responsible for verification of grades prior to installation of asphalt
hot mix paving. Contractor shall guarantee positive drainage in all areas. All areas
which retain standing water will be corrected as directed and approved by the City at
no expense to the City.
All properly established sheet flow & flow line slopes and grades shall remain the same
after paving as before unless an existing ponding problem is noticed and brought to the
inspector or City staff s attention prior to cold milling. After paving has been installed
and compacted, Contractor shall spray water over the entire paved area and correct any
areas where water collects and does not drain away.
The contractor will ensure that the asphalt is ready before allowing traffic through
newly paved areas.
Subsection 203-6 of the Standard Specifications is supplemented by the following:
Asphalt concrete proposed for use on the project, when tested in accordance with Test
Method California No. 360 (Method A), shall show a surface abrasion loss not
exceeding 15 grams.
Subsection 302-5.5, "Distribution and Spreading," of the Standard Specifications is
supplemented and amended by the following:
Spreading: With approval of the Engineer, the Contractor may be allowed to deposit
the asphalt concrete material from bottom dump trucks into a uniformly sized window
to pick up the material and convey it into the paving machine by an elevating device
(CoCal, Clark Co., or equal). Such paving procedures will be limited to long straight
runs. Turn pockets, side street intersections, etc., shall be paved by depositing asphalt
concrete material from delivery trucks directly into the paving machine hopper.
If approval for the bottom dump operations is given, the Contractor shall furnish a
rubber tire skip loader for distribution of any misplaced material.
Mechanical Spreading Machine: The spreading machine described in Paragraph 6 shall
be a crawler equipped (track laying) type, self-propelled spreading machine except on
steep grades or on areas of unstable subgrade. It must be 17 feet wide.
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A fully automatic screed will be required for this project. The fully automatic creed
shall be a sled, 30 feet in length, on the side of the machine that will receive the next
mat of material. A joint maker, ski, etc., placed on the side of the machine to ride on
the existing or previously constructed surface or mat of asphalt concrete material may
be required by the Engineer or his designee.
Rolling operations shall comply with Section 302-5.6.
If areas adjacent to speed bumps, dips, and cross gutters or any other asphalt surface are
significantly changed after paving so as to impede or otherwise negatively affect
driving conditions, those areas shall be corrected by the contractor at no additional cost
to the City. Methods of correcting these areas shall be approved by the City Public
Works Department prior to their implementation.
Contractor shall provide the Public Works Department with a complete set of asphalt
tickets for each day of paving.
12-3. MANHOLE, VAULT COVER, AND VALVE COVER ADJUSTMENT
Contractor shall complete all City -owned manhole, vault cover, and valve cover frame
and cover set adjustments to the new finished grades in accordance with Section 301-
1.6 of the Standard Specifications. Buried manholes, vault covers, and valve covers
shall be located with metal detectors prior to grinding, and the appropriate agencies
informed by the Contractor's superintendent.
The Contractor shall coordinate with all applicable utility companies prior to grinding
and paving activities for the possibility of adjusting manhole, vault, and valve covers
during paving activities. The remaining utility companies shall be notified of the
Contractor's schedule by the Contractor's superintendent in order to allow for raising
of their manhole covers, vault covers, and valve covers immediately after paving is
completed.
The Contractor shall coordinate with the West Basin Municipal Water District
(WBMWD) regarding their utility adjustments, prior to beginning any work. Their
contact is:
Sergio Nunez — Operations Technician
sergion@westbasin.org
Office: 310-660-6261
Cell: 424-531-5578
12-3.1 Adjust Manhole to Grade
In areas where the existing pavement is to be capped with an asphalt overlay, and
where the manhole structure meets the following criteria:
• The manholes are either flush with the existing pavement, or
V -A-13
Agreement No. 5944
• The manholes project less than two inches above the A.C. surface prior to
capping.
These manholes shall be paved over and later adjusted to grade as specified herein.
Before replacing frames and covers, the Contractor shall clean the frames and covers of
residual debris from new and old pavement or surface treatments.
Asphalt concrete used for paving around manhole shall be Type C2 -PG 64-10 (1/2"
sieve size) with 5.6 percent binder.
The Contractor shall be responsible for furnishing, placing, and maintaining barricades
or other traffic control as necessary to protect the public from any danger due to the
work being done.
12-3.2 Adjust County Sanitation District Manhole Covers to Grade
When applicable that County Sanitation Districts (CSD) manhole covers must be
adjusted to new grade because of re -grading and/or resurfacing over the manholes, the
work will be done by CSD in conjunction with the Contractor responsible for the re-
grading and/or resurfacing work pursuant to the following procedures:
1) The Contractor shall notify CSD's superintendent of Maintenance at (3 10)
638-1161 a minimum of three (3) working days prior to the start of any work
involving CSD manhole covers.
2) If grade over manhole cover is to be lowered:
a. The Contractor shall furnish and deliver a temporary steel plate of adequate
thickness and size approved by CSD for the manhole.
b. The Contractor shall excavate around the manhole to a depth and distance
outside of the manhole as required for CSD to remove the manhole frame
and cover.
c. CSD will remove the manhole frame and cover and the interfering portion
of the manhole shaft and place the cover plate over the manhole.
d. The Contractor shall store and protect the frame and cover and fill and/or
pave over the cover plate to final grade.
e. The Contractor shall remove the pavement and/or fill as required for CSD
to raise the manhole cover to final grade. Pavement and/or fill shall be
removed to a minimum depth of not less than 6 inches below final grade
and 12 inches around the manhole if the cover plate is more than 6 inches
below final grade.
f. CSD will raise the manhole cover and set the frame and cover to final
grade.
g. The Contractor shall backfill and compact and complete the pavement
around the manhole cover.
3) If grade over manhole cover is to be raised:
a. The Contractor shall fill and/or pave directly over the manhole frame and
cover to final grade.
b. Repeat steps e. through g. of Item 2 above except when grade is to be raised
more than 2 feet. In such case, the Contractor shall excavate around the
V -A-14
Agreement No. 5944
manhole to a depth and distance as determined by and required by CSD to
remove and reconstruct the manhole shaft with the required taper.
The Contractor shall be responsible for furnishing, placing, and maintaining barricades
and lights, and installing temporary asphalt ramping as necessary to protect the public
from danger due to the work being performed.
12-3.3 Adjust Water Valve Cover to Grade
This item shall specifically include adjusting of water valve cover to the grade after
completion of the overlay or reconstruction, in accordance with Subsection 301-1.6
"Adjustments of the Manhole Frame and Cover Sets to Grade," and 302-5.8,
"Manholes (and other Structures)," of the SSPWC, except as modified supplemented
herein.
• The term "Valve Cover" shall be interpreted as including the sleeve, frame and
cover set for City water valves.
• City -owned valve covers shall be adjusted to grade in a similar manner to
manholes.
• After the pavement has been completed, the necessary portions of the pavement
and base shall be neatly removed, and the valve cover shall be adjusted to the
new finished grade as specified in Subsection 302-5.8 of the SSPWC.
12-4. STRIPING AND MARKINGS, PAVEMENT MARKERS
Any striping and pavement markers removed or damaged or to be re-striped/touched-
up during construction shall be replaced in kind or better. The Contractor prior to start
of work shall make an accurate inventory of existing lane striping, crosswalks and
pavement markings, including blue fire hydrant markers. Replacement striping shall be
thermoplastic.
Existing striping that does not fit MUTCD standards could be aerial survey or city
boundary markers, and shall be brought to the Inspector's attention prior to any
removal.
12-4.1 Temporary Striping
Contractor shall place temporary striping after the base course of asphalt pavement has
been completed, in the same configuration as the existing permanent striping so that
traffic can be returned to normal patterns. This striping shall be considered temporary
and is the Contractor's responsibility to place and maintain.
Contractor shall place temporary dribble lines within 24 hours after paving, and place
permanent striping between five (5) and seven (7) calendar days after paving.
12-4.2 Permanent Striping
V -A-15
Agreement No. 5944
At the preconstruction conference, the Contractor shall submit to the City an inventory
of existing striping, pavement markings, and reflectorized and raised pavement markers
in the project area. Upon approval of the inventory, the Contractor shall reinstall
striping, pavement markings, and reflectorized pavement markers in accordance with
the approved plan. Any striping and pavement markers removed or damaged during
construction shall be replaced in kind or better. Contractor shall use thermoplastic for
the re -installation of all project striping and pavement markings. Application of
Thermoplastic, Thermoplastic Pavement Markings, words, arrows, crosswalks and
limit lines, shall be in accordance with Caltrans Standard Plan Nos. A24A through
A24E, unless otherwise noted.
Contractor shall install traffic striping, markings, arrows, messages and raised
pavement markers, etc. to match pre-existing markings and markers unless directed
otherwise in this section of the bid documents. The Contractor shall remove all
thermoplastic markings and raised pavement marking before street work.
All work and materials shall conform to the requirements of the Caltrans Standard
Specifications, latest Edition, and the latest edition of the Caltrans Traffic Manual.
Contractor shall furnish and install traffic delineation and markings using paint "Cat
Tracking", temporary marking tape, removable reflective tabs, or other approved media
on the same working day as existing stripes and legends are lost, including but not
limited to bicycle lanes, stop bars, lane lines, to match pre-existing markings. The
Contractor is required to complete permanent traffic striping within five (5) working
days after final paving has been completed. Reflective tabs should be completely
removed and properly discarded once striping has been installed.
Markings, such as stop bars and legends, speed limit markings, and symbols that are
partially covered or obliterated shall be installed with thermoplastic in their entirety in
conformance with Caltrans Specifications. These markings shall be brought to the
Public Works Inspector's attention prior to re -installation.
Markings and striping on adjacent streets that may need to be touched up after paving;
for example, crosswalks that are partially in the paving area, shall be brought to the
Public Works Inspector's attention before the striping crew is demobilized.
12-5. SIX-INCH DEEP ASPHALT REPAIRS
Asphalt to be repaired shall be saw cut for removal, with sawcut boundaries either
parallel or perpendicular to the curb face or property line. Where a series of cuts are
made, regardless of the spacing between individual cuts, the series shall be treated as a
continuous open trench and the pavement repair shall be continuous across all cuts.
Pavement repair shall consist of 6 inches of 1/2 -inch -maximum State mix over a
minimum 6 -inch crushed aggregate base. C2 PG 64-10 asphalt and tack coat shall be
used. New asphalt shall be feathered to meet existing asphalt, and shall also meet any
applicable concrete at a reasonable height and slope to allow proper drainage.
V -A-16
Agreement No. 5944
All asphalt concrete pavement shall conform to Section 203-6 of the Standard
Specifications and as shown on the details in the plans. Paving shall occur after backfill
with and compaction of appropriate materials has occurred to the approval of the City
Public Works Inspector. Paving rollers shall be on the job site before any paving is
started.
The final height of the paving next to new gutter shall not be more than 1/2 -inch high.
The Contractor shall be responsible for bringing to the City's attention any additional
asphalt required for proper drainage prior to placement of new asphalt. If improper
asphalt placement occurs, detrimentally affecting drainage, the contractor shall remove
and replace the asphalt at no further cost to the City.
Base material for the reconstruction of the pavement shall be in accordance with
Subsection 200-2.2 of the Standard Specifications. A tack coat of PG 64-10 paving
asphalt shall be uniformly applied to the surface to be paved. The surface shall be free
of water, foreign material, and dust when the tack coat is applied.
V -A-17
Agreement No. 5944
SECTION VI — APPENDICES
1. City Map
2. Typical No Parking Sign— El Segundo Standard ST -18
3. Imperial Avenue Centerline Tie Information
4. Pine Avenue Centerline Tie Information
5. Project Streets
6. Striping Quantities
V -A-18
Agreement No. 5944
APPENDICES
1. City Map
2. Typical No Parking Sign — El Segundo Standard ST -18
3. Imperial Avenue Centerline Tie Information
4. Pine Avenue Centerline Tie Information
5. Project Streets
6. Base Bid Striping Quantities
7. Alternative Striping Quantities
Agreement No. 5944
APPENDIX I
City Map
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APPENDIX 2
Typical No Parking Sign — El Segundo Standard ST-
Agreement No. 5944
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COLOR LEGEND SIGN SHA -LL BE LIGHT REFLECTIVE AND BE
MM RED MADE OF WATER RESISTANT STIFF CARDBOARD
WHITE OR OTHER STIFF DURABLE MATERIAL.
DESIGN BY: P.B. CITY OF EL SEGUNDO, CALIFORNIA APPROVED BY:
DATE: 11 - 7.89 ENGINEERING DIVISION f3T- J � e� a^. a 1 1!-1¢-8q
DRAWN BY: Y. B. TYPICAL City Engineer: R.E. 2Ci 8 0 9 Date
STANDARD DRAWING NO.
DATE: 11. 13. 89 TEMPORARY NO PARKING SIGN
TEMPORAF!,
Agreement No. 5944
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COLOR LEGEND SIGN SHA -LL BE LIGHT REFLECTIVE AND BE
MM RED MADE OF WATER RESISTANT STIFF CARDBOARD
WHITE OR OTHER STIFF DURABLE MATERIAL.
DESIGN BY: P.B. CITY OF EL SEGUNDO, CALIFORNIA APPROVED BY:
DATE: 11 - 7.89 ENGINEERING DIVISION f3T- J � e� a^. a 1 1!-1¢-8q
DRAWN BY: Y. B. TYPICAL City Engineer: R.E. 2Ci 8 0 9 Date
STANDARD DRAWING NO.
DATE: 11. 13. 89 TEMPORARY NO PARKING SIGN
Agreement No. 5944
APPENDIX 3
Imperial Avenue
Centerline Tie Locations
Agreement No. 5944
MFOUND SPIKE, NO TAG, NO 77N PER TR -15892 MAP BOOK,
418 PAGES 45 THROUGH 48, DOWN 0.3, LEFT AS FOUND.
SET LEAD, TACK, & TAG STAMPED "LS 9106 77E" FLUSH IN
TOP OF CURB.
F31 FOUND CHISELED "X" IN TOP OF CURB PER EL SEGUNDO
CITY FIELD BOOK 8-19.
RFOUND SPIKE IN TOP OF CURB PER EL SEGUNDO Cl TY
FIELD BOOK 8-19.
D-)
CURB ~` .� / CURB
/ IMPERIAL A VENUE
N89 58'50"W 934.29' ~
�— TO SHELDON STREET
r CURB
SCALE: 1 "=20'
CITY OF FL SEGUNDO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
CENTERLINE TIES
DATE: 8/6/2019
SCALE: 1"=20'
PREPARED BY:
CHARLES J. MOORE
L. S. 9106
CURB -1
SHEET NO:
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CITY OF FL SEGUNDO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
CENTERLINE TIES
DATE: 8/6/2019
SCALE: 1"=20'
PREPARED BY:
CHARLES J. MOORE
L. S. 9106
CURB -1
SHEET NO:
PWFB 0 816
Document Number Agency index
REFERENCES
R-1 = LOS ANGELES CO. SUR. F.B. 2008:57
NOTE: A FIELD SEARCH WAS
PERFORMED FOR ALL RECORD
TIE POINTS SHOWN ON R-1,
NONE FOUND.
ALLEY
IMPERIAL HIGHWAY
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ALLEY
N.T.S.
MONUMENT NOTES
FID PUNCHED SPIKE DOWN 0.15, POSSIBLE POSITION OF S & T PER R-1, UNABLE TO VERIFY
CENTERLINE POSITION BY RECORD TIES, BEFORE CONSTRUCTION. FD NOTHING AFTER
CONSTRUCTION, SET GEAR SPIKE & WASHER STAMPED *LS 5411" FLUSH PER TIES HEREON.
0 SET LEAD, TACK & TAG "LS 5411* IN T.C.
T14E PIUMM OF THIS RECORD IS TO DOCS MENT THE PERI)ETUAY)ON OF FOUND MONUMENT(S) PURSUANT TO THE PLS ACT SEMON 8771.
NO CLAIM IS MADE REGARDING T14E CORKCTNESS OF THE POSITION(S) OF SAID MONUMO%S), NOR THE DIMENSIONAL RELA71ONSHIP 70
STREET CENTlERLINES OR PROPERTY' BOUNDARIES. 19 -HM -679
BPELSG-2016 Page 2 of 2
Agreement No. 5944
PWFB 0816 607
Index
CORNER REORD Agee
Document Number
City of EL SEGUNDO County of LOS ANGELES : CaNtortria
Brief Leges Description CENTER STREET & ALLEY: 160'1 STY OF IMPERIAL HIGHWAY
CORNER TYPE COORDINATES (Optional)
i
N. E.
(' ❑ Government Comer Control Elevation
[ Meander [ Property Units Metric [ U.S. Sunray Foam
I [ Rancho [ other Horizontal Datum
I zone Epoch Date
VIA Date of Survey 6./1$%19 & 7/3 19 vertical Datum
[]Complies with Public Resources Code §6#3801-W19
[Complies with Public Resources Coda 6§13890.8902
PLS Ari Ret [ 8765(d) 08771 [ 8778 [ other:
Comer/' 0 Left as found [ Established [ Rebuilt Pre -Construction
Monument [ Pound and tagged Reestablished [ Referenced Post -Construction
Narrative of corner identified and monument as €ound, set, reset, replaced, or removed:
11 See sheet #2 for description (a):
SURVEYOR'S STATEMENT
This Comer Reoo prepared by me or tinder my direction in conformance wilt►
the Prof Surveyors'Act on 919 ..�,. No. 5411
•cp. 9/30/20
P.L.S.�N4:t'�: No, 5411 "�+
r COUNTY SURV YOfrS STATEMENT
i4s-1-4/caner Record was received � � +���
NOV 0 8 2019C,:—*:�COTRYAN
and exatnin and.
Signed, L S, R.C.E. No, o Titka�
County Surveyor's Comment ......
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APPENDIX 4
Pine Avenue
Centerline Tie Locations
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Agreement No. 5944
CORNERRECORD Document r'kirnber
City of EL SL OUnty of _Z , "Ll' (' "r
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California
Brief Legal Description
CORNER TYPE. N. COORDINATES (Optional)
Govt Corner Control E.
Meander Property ❑Zone . . ......... NAD27 0 NAD80
NAD83 Epoch
Rancho Other Elev.
Date of Survey Vert. Datum: NGVD29 0 NAVD88 D
Meas. Units: Metric 0 Imperial 0
Corner - Left as found [11 Found and tagged 0 Established F1 Reestablished M Rebuilt E1
identification and type of corner fOUnd: Evidence used to identify or procedure Used to establish or reestablish the corner:
A description of the physical condition of the nionurnent as fOLind and as set or reset:
4,w.. . . . ......
This Corner Recordwas prepared by me or Linder my direction in conformance
with the Land Survey, s' t on --- 2
Signed—,Z//XL,' /"'P�r7S.A r R. C, E . No. 77
COUNTY SURVEYOR'S STATEMENT
This Corner Record was received
and examined and filed
Signed , .. ... . ... .
Title
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SURVEY OF CENTERLINE 'r(PS F 8 NO.100-CPAGFr 405
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Agreement No. 59L-21 n
SURVEY OF CENTERLINE TIES F B NO.100-CPAGE 4O9
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SURVEY OF CENTEZLINE TIES F B NO100-[PAGE 412
SURVEY BY 30(M4 My ENGWCERING COR TRACT NO 3023 (ELSEGUNDO)
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Document Number PWFB 0 81AOency Index
REFERENCES
R-1 = CITY OF EL SEGUNDO CENTERLINE TIE SHEET L-24
= RECORD DISTANCE PER R-1
= RECORD & CALCULATED DISTANCE PER R-1
- TANGENT OVER
= INDICATES VERIFIED MEASURED DISTANCE BY EDM
Agreement No. 59L4-24
N.T.S.
MONUMENT NOTES
FD NOTHING AT MANHOLE, ESTABLISHED PER TIES ON R-1, BEFORE CONSTRUCTION.
FD NOTHING AT MANHOLE AFTER CONSTRUCTION, SET 4 — 3' MAG NAIL & WASHER STAMPED
NLS 5411" STRADDLERS FLUSH PER TIES HEREON.
FD LEAD, TACK & TAG *LS 3587' IN T.C. PER R-1.
Fl) LEAD & TACK IN T.C. PER R-1.
Fl) LEAD & TACK IN T.C., FITS POSITION OF LEAD, TACK & TAG -LS 3587- PER R-1.
BPELSG-2016 Page 2 of 2
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Agreement No. 59L4-24
N.T.S.
MONUMENT NOTES
FD NOTHING AT MANHOLE, ESTABLISHED PER TIES ON R-1, BEFORE CONSTRUCTION.
FD NOTHING AT MANHOLE AFTER CONSTRUCTION, SET 4 — 3' MAG NAIL & WASHER STAMPED
NLS 5411" STRADDLERS FLUSH PER TIES HEREON.
FD LEAD, TACK & TAG *LS 3587' IN T.C. PER R-1.
Fl) LEAD & TACK IN T.C. PER R-1.
Fl) LEAD & TACK IN T.C., FITS POSITION OF LEAD, TACK & TAG -LS 3587- PER R-1.
BPELSG-2016 Page 2 of 2
Agreement No. 5944
PWFB 0816
58
CORNER RECORD Agencyindex
Document Number
City of EL SEGUNDO County of LOS ANGELES , California
Brief Legal Description CENTER STREET do PINE AVENUE
CORNER TYPE COORDINATES (Optional)
I N. E.
❑ Govemment Gomer 11 Control Elevation
tA
—.......,�. -- — ❑ Meander ❑ Property Units Metric ❑ U.S. Survey Foot
❑ Rancho Other Horizontal Datum
Zone —Epoch Date
Date of Survey 6/21 /19 do 8/294L9 vertical Datum
❑Complies with Public Resources Code SSSBOI-8819
❑Complies with Public Resources Code §§889D4WM
PLS Act Ref: ❑ 8785(d) 8771 ❑ 8773 ❑ other.
Corner/ ❑ Left as found [j Established ❑ Rebid!# re -Construction
Monument: ❑ Found and tagged Reestablished ❑ Referenced Post -Construction
Narrmattve of comer identified and monument as found, set, reset, replaced, or removed:
See sheen #2 for description (a):
SURVEYOR% STATEMENT
This Comer Record as prepared by me or under my direction in conformance with
Q
the Prrs d Surveyors' Acct on 8,/30/19 `' No. 5411 �
Sign P.L.S. -, No. 5411 � Exn. 9/30/20
C�`
COUNTY SURVEYOR'S STATEMENT
This Corner Record was received SW I Q LAND
and examin and led NOV 08 2019 ��� fCURT
R A4
Signed- L.S r R.C.E. No.
r 70
Title `n LS 6388
CAQ
County Surveyor's Comment
BPELSG 2018 Page 7 oft
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Agreement No. 5944
APPENDIX 5
Project Locations
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Agreement No. 5944
APPENDIX 6
Striping Quanitities
Agreement No. 5944
BASE BID STRIPING QUANTITIES
Notes: All striping shall be thermoplastic; contractor to verify quantities prior to bidding
Double yellow striping quantity reflects total length of 2 yellow stripes plus 1 black stripe
Crosswalk striping quantities reflect both top and bottom crosswalk stripe measurements
Successful contractor shall provide striping schedule of values at pre -construction meeting
DESCRIPTION
QTY
UNIT
STOP pavement marking
9
EA
STOP bar/limit line
180
LF
STOP AHEAD marking
1
EA
25 marking
1
EA
Double yellow striping
5,664
LF
White crosswalk striping
217
LF
Yellow crosswalk striping
78
LF
Diagonal white parking lines
600
LF
ADA diagonal parking stall
2
EA
Blue fire hydrant marker
9
EA
UNIT COST ($) TOTAL ($)
Agreement No. 5944
ALTERNATIVE BID STRIPING QUANTITIES
California St. from E. Imperial Hwy to cul-de-sac
Notes: All striping shall be thermoplastic; contractor to verify quantities prior to bidding
Double yellow striping quantity reflects total length of 2 yellow stripes plus 1 black stripe
Crosswalk striping quantities reflect both top and bottom crosswalk stripe measurements
Successful contractor shall provide alt. striping schedule of values at pre -construction meeting
DESCRIPTION
QTY
UNIT
STOP pavement marking
2
EA
STOP bar/limit line
46
LF
STOP AHEAD marking
495
EA
Double yellow striping
2,592
LF
White crosswalk striping
150
LF
Blue fire hydrant marker
1
EA
UNIT COST ($) TOTAL ($)
Agreement No. 5944
July 1, 2020
ADDENDUM NO. 1
to
THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS
for
PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
ATTENTION BIDDERS:
The following additions, modifications, and clarifications to the specifications shall be
included in, and become a part of, any contract which may be executed for the above
project in the City of El Segundo:
1. The bid due date and time are still Tuesday, July 7, at 11:00 am
2. Please see this project's attached Supplement to Addendum 1 for contractor
questions, the City's responses to them, and additional information provided
during the job walk.
3. Please note the changes to the bid opening procedure listed in the Supplement.
As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge
same in the space provided below and submit this Addendum with the Bid Proposal.
Failure to provide such acknowledgement shall render the bid as non-responsive and
subject to rejection.
Signature:
Print Company Name:
Page 1 of 1
Date:
350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489
Agreement No. 5944
CITY OF EL SEGUNDO
PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 20-01
ADDENDUM NO. 1 SUPPLEMENT
DATE: July 1, 2020
TO: All Prospective Bidders
The following questions have been raised regarding this bid. The response to each question
is provided here and made available to all prospective bidders. Further, a summary of
requirements discussed in Council Chambers at the pre-bid meeting are listed on Page 3. The
information and clarification provided in this Addendum shall be considered as incorporated
into the specifications for the above -referenced project. All other portions of Contract
Documents and previous Addenda not specifically mentioned in this Addendum remain in
force.
Question 1: Does the 25 working days include construction days for the alternative
California Street sections?
Answer: No. An additional five (5) working days will be added to the contract time if
the California Street alternative bid item is approved.
Question 2: On Pine Avenue, is the area with diagonal parking part of the project scope?
Answer: Yes. Grinding, paving, re -striping, etc. in the area with diagonal street
parking is included as part of the E. Pine Avenue project scope.
Question 3: What are the work hours for the three streets again?
Answer: E. Imperial Avenue: 9:00 am to 3:00 pm
E. Pine Avenue: 9: 7:00 am to 4:00 pm
(Alternative California Street bid item): 9:00 am to 3:00 pm
Question 4: What is the speed limit on eastbound E. Imperial Highway?
Answer: 50 mph. A traffic control plan will be required for all street sections and, if
approved, for California Street.
Question 5: What school is near Pine Avenue?
Answer:
Agreement No. 5944
Center Street Elementary School, on Center Street and E. Mariposa
Avenue, is one block north of E. Pine Avenue. August 26, 2020 is
scheduled as the first day of school this year. The school's contact
information is listed below.
www.centerstreetschool. ori
700 Center St, El Segundo, CA 90245
(310) 615-2676
2. El Segundo Middle School, on Center Street and E. Holly Avenue, is one
block south of E. Pine Avenue. Historically the school has re -opened on
the second Tuesday in August. The school's contact information is listed
below.
www. else �4undomiddleschool.om
332 Center St, El Segundo, CA 90245
(310) 615-2690
JULY 7, 2020 CHANGES TO THE BID OPENING PROCEDURE:
City Hall is located at 350 Main Street, El Segundo, CA 90245. At this time it is uncertain
which City Hall entry points will be accessible to the public when the building re -opens next
week. Given that, please follow the procedure below for next Tuesday's bid opening:
Each bidder's representative is required to wear a mask and maintain a 6 -foot
distance when interacting with City staff and others, and when they are inside the
building.
2. Instead of the City Clerk's Office, the bid opening will be held either in the City Hall
Council Chambers or in the foyer in front of the Council Chambers. These areas are
accessible through the double automatic doors on the west end (Main Street side) of
the City Hall Building. The double doors will be unlocked and opened 15 minutes
prior to the bid opening.
Bidders are more than welcome to submit their bid by the US postal service or other
carrier service. However, the bidder is responsible for verifvina their bid has been
received in the Citv Clerk's Office prior to the bid opening. The City Hall number is
310-524-2300.
2
Agreement No. 5944
4. Bidders can also choose to submit bids in person. The City Clerk's Office will open
the doors 15 minutes before the bid opening and will accept bids at that time. Please
plan to be there early enough so that your bid may be received well before 11:00 am,
in case there are multiple bidders there to do the same thing.
5. The City Clerk's Office will collect bid packages and record them on a log sheet.
Having submitted their bid, bidders will wait outside the double doors in the quad
until the bid opening.
6. Bid packages will either be opened in the Council Chambers or in the foyer. Bid
amounts will be recorded on the log sheet and the log sheet will be signed by
representatives from the City Clerk's Office and the Public Works Department.
7. The Public Works Department will email the bid log sheet to all planholders shortly
after the bid opening.