CONTRACT 6105 Public Works Contract CLOSEDAgreement No. 6105
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
T2 UES, INC.
UTILITY VERIFICATION AND INVESTIGATION SERVICES
PROJECT NO.: PW 20-16
This CONTRACT is entered into this 16th day of June, 2021, by and between the CITY
OF EL SEGUNDO, a general law city and municipal corporation ("the City") and T2 UES,
INC., a Delaware Corporation ("the Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the
"Work"). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed a total of
Ningtt r Two Thousand, Seeren Hjjndr d Dollard ($92,700.00) for the Work in the manner set
forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within Thi 30 working days
(the "Contract Time.")
B, The Contract Time will commence when the City issues a Notice to Proceed.
The Contract Documents will supersede any conflicting provisions included on
Agreement No. 6105
the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the Contract
Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase
order and notice to proceed.
D, By signing this Contract, the Contractor represents to the City that the Contract
Time is reasonable for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -parry claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
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.
Agreement No. 6105
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to contract for similar service to be
performed for other employers while under contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits the City provides for its employees. Any provision in
this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the same
and to make transcript therefrom, and to inspect all program data, documents, proceedings
and activities. The Contractor will retain such financial and program service records for at
least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The City
City of El Segundo -Public Works
350 Main Street
El Segundo, CA 90245
Attention: Arianne Bola
abola@elsegundo.org
(310) 524-2364
The Contractor
T2 UES, Inc.
5622 Research Dr., Ste. A
Huntington Beach, CA 92649
Attention: Matt Tomanek
matt.tomanek@t2ue.com
(714) 487-5782
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the
time of actual delivery. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
Contract will be in Los Angeles County.
Agreement No. 6105
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will continue
in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract and
to engage in the actions described herein. This Contract may be modified by written
amendment. The City's city manager, or designee, may execute any such amendment on the
City's behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract,
agreements ancillary to this Contract, and related documents to be entered into in connection
with this Contract will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing such
covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
Agreement No. 6105
IN WITNESS WHEREOF the parties hereto have executed this Contract the day and
year first hereinabove written.
Cl F EL SEOI.IN.
........
W66 Mitnick
City Manager
ATTEST:
Tr y �ever,l
Ci y Clerk
APPROVED AS TO FORM:
V\ for . . .........................
Mark D. Hensley,
City Attorney
Insurance Reviewed by:
Hank Lu,
Risk Manager
T2 UES, INC.
Name: Matt Tomanek
Title: Branch Manager
84-2356040
Taxpayer ID No..
Contractor State
License No.:
1062038
Contractor City Business
License No.:
Agreement No. 6105
CONTRACT DOCUMENTS
PLANS & SPECIFICATIONS
FOR
UTILITY INVESTIGATION AND VERIFICATION
SERVICES
PROJECT NO.: PW 20-16
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
MANDATORY PRE -BID MEETING
TUESDAY, MARCH 16, 2021 AT 9:00 AM
AT CITY HALL COURT YARD, 350 MAIN ST.
EL SEGUNDO, CA 90245
BIDS DUE TUESDAY, MARCH 30, 2021 AT 11:00 AM
i
Agreement No. 6105
BIDS WILL BE RECEIVED
UP TO THE HOUR
OF 11:00 A.M.
TUESDAY, MARCH 30, 2021
IN THE
OFFICE OF THE CITY CLERK
CITY HALL
350 MAIN STREET
EL SEGUNDO, CALIFORNIA 90245
AT WHICH TIME THEY WILL BE
PUBLICLY OPENED
Agreement No. 6105
SPECIAL INSTRUCTIONS TO CONTRACTORS
Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS,
pages H-B-22 thru II-B-25 "LIABILITY INSURANCE".
ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED
COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING
A BID PACKAGE.
The Contractor will be required to apply and obtain an Encroachment Permit from the City Public
Works Department as well as any applicable Building/Safety Permit from the City Building
Planning and Building Safety Department. The permits will be issued on a "no -fee" basis.
The Contractor shall be responsible for calling the Building Safety Division for inspections. All
noted deficiencies shall be corrected by the Contractor. The project will not be accepted as complete
until the Contractor obtains a final sign -off from the Department of Planning and Building Safety.
3
Agreement No. 6105
TABLE OF CONTENTS
SECTION I — LEGAL
A. NOTICE INVITING SEALED BIDS
B. BIDDING INSTRUCTIONS
1. DEFINITIONS
2. BIDDER'S REPRESENTATIONS
3. BIDDING DOCUMENTS
4. INTERPRETATION OR CORRECTION OF BIDDING
DOCUMENTS
5. PRODUCT SUBSTITUTIONS
6. SUBCONTRACTORS
7. ADDENDA
8. PRE -BID CONFERENCE
9. FORM AND STYLE OF BIDS
10. BID SECURITY
11. MODIFICATION OR WITHDRAWAL OF BID
12. OPENING OF BIDS
13. REJECTION OF BIDS
14. AWARD
C. PROPOSAL
1. PROPOSAL, FIRST PAGE
2. BID SCHEDULES
a. BASE BID ITEMS
3. BIDDER'S INFORMATION
4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT
5. PROPOSAL GUARANTEE BID BOND
6. CONTRACTOR'S LICENSE DECLARATION
7. NON -COLLUSION AFFIDAVIT
8. WORKER'S COMPENSATION CERTIFICATION
9. DESIGNATION OF SUBCONTRACTORS
10. REFERENCES
11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS
11. INSURANCE REQUIREMENTS
D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT
E. FAITHFUL PERFORMANCE BOND
PAGE
I-A-1 TO A-3
I-B-1 TO B-8
I-B-1
I-B-1
I-B-2
I-B-2
I-B-3
I-B-3
I-B-3
I-B-3
I-B-4
I-B-5
I-B-6
I-B-6
I-B-6
I-B-6 to 8
I-C-1 TO C-17
I-C-1
I-C-3a
I-C-4
I-C-6
I-C-7
I-C-8
I-C-9
I-C-10
I-C-11
I-C-12
I-C-15
I-C-16
I-D-1 TO D-5
I-E-1 TO E-3
F. MATERIAL AND LABOR BOND I-F-1 TO F-3
SECTION II - GENERAL REQUIREMENTS
A. GENERAL SPECIFICATIONS
I. REGISTRATION OF CONTRACTORS
2. INSURANCE AND CITY BUSINESS LICENSE
3. EMERGENCY INFORMATION
4. FURNISHING OF WATER
5. CALIFORNIA - OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION
6. SOUND CONTROL
7. AIR POLLUTION CONTROL
8. WORKER UNIFORMS
B. GENERAL PROVISIONS
Agreement No. 6105
PAGE
II-A-1 TO A-2
II-A-1
II-A-1
II-A-1
II-A-1
II-A-1
II -A -I
II-A-2
II-A-2
II-13-1 TO B-32
0-0 STANDARD SPECIFICATIONS
0-1 GENERAL
0-2 NUMBERING OF SECTIONS
1-2 DEFINITIONS
1-2.1 ADDITIONAL DEFINITIONS
1-3 ABBREVIATIONS
2-0 SCOPE AND CONTROL OF WORK
2-1.1 ACCESS TO PROJECT SITE
2-1.2 OWNERSHIP AND USE OF CONTRACT
DOCUMENTS
2-3 SUBCONTRACTS
2-3.1 GENERAL
2-3.2 ADDITIONAL RESPONSIBILITY
2-4 CONTRACT BONDS
2-5 PLANS AND SPECIFICATIONS
2-5.1 GENERAL
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
2-8 RIGHT-OF-WAY
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
2-9 SURVEYING
2-9.3 SURVEY SERVICE
2-9.3.1 CONSTRUCTION SURVEYING
2-9.3.2 MEASUREMENT AND PAYMENT
3-3.2.2 BASIS FOR ESTABLISHING COSTS
3-3.2.3 MARK UP
11
II-B-3
II-B-3
II-B-4
II-B-4
II-B-4
II-13-4
II-13-5
II-B-5
II-13-6
II-B-6
II-B-6
II-13-6
II-B-6
II-B-6
II-B-6
II-B-7
Agreement No. 6105
SECTION II — GENERAL REQUIREMENTS (Continued) PAGE
3-3.3 DAILY REPORTS BY CONTRACTOR
II-13-7
3-4
CHANGED CONDITIONS
II-B-7
3-5
DISPUTED WORK
II-B-8
4-1.3 INSPECTION REQUIREMENTS
II-B-9
4-1.3.1 GENERAL
II-B-9
4-1.6 TRADE NAMES OR EQUALS
II-B-9
5-2
PROTECTION
11-B-10
5-2.1 INCORRECT LOCATION OF UTILITIES
II-B-10
5-4
RELOCATION
II-B-10
5-4.1 RESPONSIBILITY OF UTILITY REMOVAL
II-B-10
OR RELOCATION
5-5
DELAYS
II-B-10
5-5.1 CALCULATING IDLE TIME
II-B-11
6-1
CONSTRUCTION SCHEDULE AND
II-13-11
COMMENCEMENT OF WORK
6-1.1 CONTRACT SCHEDULE
II-B-11
6-1.2 CONTENT OF CONTRACT SCHEDULE
II-13-11
6-1.3 EFFECT OF CONTRACT SCHEDULE
11-13-11
6-1.4 COMMENCEMENT OF CONTRACT TIME
II-B-12
6-4
DEFAULT BY CONTRACTOR
II-B-13
6-4.1 GENERAL
II-B-13
6-4.2 TERMINATION OF CONTRACTOR'S
II-B-13
CONTROL OVER THE WORK
6-4.3 SURETY'S ASSUMPTION OF CONTROL
11-B-13
6-6
DELAYS AND EXTENSIONS OF TIME
II-B-14
6-6.1 GENERAL
II-B-14
6-6.2 EXTENSION OF TIME
II-B-14
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
II-B-15
6-6.4 WRITTEN NOTICE AND REPORT
II-B-15
6-7.2 WORK DAYS AND WORKING HOURS
II-B-15
6-7.4 NIGHT WORK
II-B-16
6-7.5 WEEKEND AND HOLIDAY WORK
II-B-16
6-8
COMPLETION AND ACCEPTANCE
II-B-16
6-8.1 GENERAL GUARANTY
II-13-16
6-9
LIQUIDATED DAMAGES
II-B-16
6-9.1 FAILURE TO COMPLETE WORK ON TIME
II-B-17
6-11
DISPUTES AND CLAIMS; PROCEDURE
11-B-17
6-11.1 GENERAL
11-B-17
6-11.2 FORM
II-B-18
Agreement No. 6105
SECTION H — GENERAL REQUIREMENTS (Continued)
6-11.3 CLAIMS SUBMITTED TO ENGINEER
6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY
6-11.5 DECISION ON CLAIMS
6-11.6 APPEAL OF ENGINEER'S DECISION
6-11.7 MEDIATION
6-11.8 ARBITRATION
6-11.9 WHEN ARBITRATION DECISION BECOMES
BINDING
6-11.10 APPEAL TO SUPERIOR COURT; WAIVER
OF JURY TRIAL
6-11.10 AB 626 CLAIMS; PROCESS
7-2 LABOR
7-2.3 PREVAILING WAGES
7-2.4 RECORD OF WAGES PAID; INSPECTION
7-3 LIABILITY INSURANCE
7-3.1 GENERAL
7-3.2 INDEMNIFICATION AND DEFENSE
7-5 PERMITS
7-8.1 CLEAN UP AND DUST CONTROL
7-8.1.1 GENERAL
7-8.1.2 WATERING
7-8.6 WATER POLLUTION CONTROL
7-9 PROTECTION AND RESTORATION OF
EXISTING IMPROVEMENTS
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 TRAFFIC AND ACCESS
7-10.2 STREET CLOSURES, DETOURS, BARRICADES
7-10.5 PROTECTION OF THE PUBLIC
7-15 HAZARDOUS MATERIAL
9-2 LUMP SUM WORK
9-3.2 PARTIAL AND FINAL PAYMENTS
9.3.3 DELIVERED MATERIALS
100- 1 TERMINATION OF AGENCY LIABILITY
iv
PAGE
II-13-21
II-B-21
II-B-22
II-13-22
II-13-23
II-B-23
II-B-23
II-B-26
II-B-26
II-B-27
II-13-27
II-B-27
II-13-27
II-13-28
II-13-28
II-13-28
II-13-29
II-13-29
II-B-30
II-B-30
II-13-31
II-B-33
II-B-33
Agreement No. 6105
SECTION III — SPECIAL PROVISIONS
APPENDICES
APPENDIX A: VICINITY MAP
APPENDIX B: CITY FIBER OPTIC INFRASTRUCTURE MAP
APPENDIX C: CITY CONSTRUCTION AND DEMOLITION DEBRIS
WASTE MANAGEMENT PLAN (WMP) FORM
Agreement No. 6105
NOTICE INVITING SEALED BIDS
FOR THE
UTILITY INVESTIGATION AND VERIFICATION SERVICES
IN THE CITY OF EL SEGUNDO
PROJECT NO.: PW 20-16
The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main Street, El
Segundo, California 90245, until 11:00 a.m. on:
TUESDAY, MARCH 30, 2021
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 a utility research, investigation and location verification, data management
and as -built drawing preparations throughout the City of El Segundo and related work as shown
on the plans on file with the City's Public Works Department.
Work on the Project must be performed in strict conformity with Specifications No. PW 20-16
as adopted by the El Segundo City Council on March 2, 2021, 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 https://www.elsegundo.org/government/departments/city-clerk/bid-rfp
A pre -bid meeting is scheduled for Tuesday, March 16, 2021 at 9:00 AM, at City Hall
Courtyard, 350 Main Street in El Segundo, CA 90245. Bidders' attendance at this meeting is
mandatory.
Questions regarding the bid shall be submitted by 5:00 pm on Friday, March 19, 2021 to
https://www. elsegundo. org/govemment/departments/public-works/request-public-works-bid
The terms and conditions for bidding on the Project are described in the attached Bidding
Instructions.
This project requires payment of State prevailing rates of wages for Los Angeles County. The
Contractor must post copies of the prevailing schedule at each job site. Copies of these rates of
wages are available from the State of California Department of Industrial Relations Prevailing
Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at
www.dir.ca.gov.
I-A-1
Agreement No. 6105
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.
Note that the Project is subject to compliance monitoring and enforcement by the California
Department of Industrial Relations. Pursuant to California law, the City must find bids failing to
comply with all applicable Labor Code requirements including, without limitation, Labor Code
§ § 1725.5 and 1771.4, to be non -responsive.
Five percent (5%) will be deducted from each progress payment and retained by the City. The
remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to
Public Contracts Code ("PCC") § 22300, the Contractor may substitute securities for retention
monies held by the City or request that the City place such monies into an escrow account. The
Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own
expense and will include costs incurred by the City to accommodate the Contractor's request.
In entering into a Public Works Contract, or a Subcontract, to supply goods, services, or materials
pursuant to a Public Works Contract, the Contractor, or Subcontractor, offers and agrees to
assign to the awarding body all rights, title and interest in, and to, all causes of action it may
have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act
(Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials pursuant to the Public
Works Contract or the Subcontract. This assignment shall be made and become effective at the
time the awarding body tenders final payment to the Contractor, without further
acknowledgment by the parties.
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to
Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed
envelope plainly marked on the outside:
"SEALED BIDS FOR PROJECT NO.: PW 20-16
UTILITY INVESTIGATION AND
VERIFICATION SERVICES
IN THE CITY OF EL SEGUNDO
DO NOT OPEN WITH REGULAR MAIL"
I-A-2
Agreement No. 6105
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". The successful Contractor and his Subcontractors will be
required to possess the correct license for their project classifications, and valid City Business
Licenses from the City of El Segundo.
The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and
to take all bids under advisement for a period of ninety (90) calendar days.
Any Contract entered into pursuant to this notice shall become effective or enforceable against
the City of El Segundo only when the formal written Contract has been duly executed by the
appropriate officer(s) of the City of El Segundo.
DATED this 4t' day of March, 2021.
CITY OF EL SEGUNDO, CALIFORNIA
Tracy Weaver, City Clerk
I-A-3
Agreement No. 6105
BIDDING INSTRUCTIONS
DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special
Conditions, or other Contract Documents are applicable to all Bidding Documents.
1.1 "Addenda" means written or graphic instruments issued by the City before the Bid
Deadline that modify or interpret the Bidding Documents by additions, deletions,
clarifications, or corrections.
1.2 "Alternate" means a proposed change in the Work, as described in the Bidding
Documents which, if accepted, may result in a change to either the Contract Sum or
the Contract Time, or both.
1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as the last
date and time for receipt of Bids, as may be revised by Addenda.
1.4 "Bidder" means a person or firm that submits a Bid.
1.5 "Bidding Documents" means the construction documents prepared and issued for
bidding purposes including all Addenda.
1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to
perform the Work described in the Bidding Documents, but not including unit price
items or Alternates.
1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform
the Unit Price Work for a fixed price per unit of measurement.
2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that:
2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the
Bidding Documents.
2.2 Bidder visited the Project site and is familiar with the conditions under which the
Work will be performed and the local conditions as related to the Contract
Documents.
2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding
Documents.
2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current
licenses issued by the State of California Contractor's State License Board for the
Work to be performed. If Bidder is a joint venture, the Bidder will have a joint
venture license appropriate for the performance of the work, and each member of the
joint venture will likewise have the appropriate license. Business and Professions
Code § § 7000-7191 establish licensing requirements for Contractors. If a Bidder, that
is a specialty Contractor, submits a Bid involving 3 or more specialized building
trades, the work of which is more than incidental and supplemental to the
performance of the Work for which Bidder holds a specialty Contractor license,
Bidder must also hold a General Engineering Contractor "A" license. This
requirement is applicable whether or not Bidder lists a Subcontractor for each such
trade.
2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to
this section must be made by production of a verified certificate of licensure from the
Contractors' State License Board which establishes that the individual or entity
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Agreement No. 6105
bringing the action was duly licensed in the proper classification of Contractors at all
times during the performance of any act or Contract covered by the action. Nothing in
this subdivision requires any person or entity controverting licensure or proper
licensure to produce a verified certificate. When licensure or proper licensure is
controverted, the burden of proof to establish licensure or proper licensure is on the
licensee.
2.6 Bidder has the expertise and financial capacity to perform and complete all
obligations under the Bidding Documents.
2.7 The person executing the Bid Form is duly authorized and empowered to execute the
Bid Form on Bidder's behalf.
2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code
Requirements in its performance of the Work.
2.9 The Bidder has paid the City's business license fee(s)
2.10 The Bidder, per SB 854 requirements for public projects, has registered with and
paid their annual fee to the California State Department of Industrial Relations.
Information about SB 854 and its requirements can be found at this link:
http://www.dir.ca.gov/Public-Works/SB854.htmi
3. BIDDING DOCUMENTS
3.1 Bidders may obtain complete sets of the Bidding Documents from the City's
Public Works Department for the sum stated in the Notice for Bids.
3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.
3.3 The City makes copies of the Bidding Documents available, on the above terms,
for the sole purpose of obtaining Bids for the Work and does not confer a license
or grant permission for any other use of the Bidding Documents.
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
4.1 Before submitting its Bid, Bidder will carefully study and compare the various
documents comprising the Bidding Documents and compare them with any other
work being bid concurrently or presently under construction which relates to the
Work for which the Bid is submitted; will examine the Project site, the conditions
under which the Work is to be performed, and the local conditions; and will at once
report to the City's Representative errors, inconsistencies, or ambiguities discovered.
4.2 Requests for clarification or interpretation of the Bidding Documents will be
addressed to the City's Representative.
4.2.1 The release of the bid package begins a quiet period for potential Bidders
participating in this project. The City of 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:
https://www.elsegundo.org/govemment/departments/public-
works/request-public-works-bid
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
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Agreement No. 6105
Segundo employees to discuss potential projects or ask questions regarding
the bid.
Questions Due by 5:00 pm, Friday, March 19, 2021
Questions Answered by 5:00 pm Wednesday, March 24, 2021
4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents
will be made by Addenda. Clarifications, interpretations, corrections, and changes to
the Bidding Documents made in any other manner will not be binding and Bidders
must not rely upon them.
5. PRODUCT SUBSTITUTIONS. Substitutions will only be considered before award of the
Contract and as provided for in the Contract Documents.
6. SUBCONTRACTORS.
6.1 Each Bidder will list in the Bid Form all first -tier Subcontractors that will perform
work, labor or render such services. The Bid Form contains spaces for the following
information when listing Subcontractors: (1) Work Activity; (2) name of
Subcontractor; (3) city of Subcontractor's business location. Failure to list any of
these items on the Bid Form will result in the City treating the Bid as if no
Subcontractor was listed for the Work and that Bidder represents to the City that it is
fully qualified to perform that portion of the Work and will perform do so.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline
with the City's written consent in accordance with California law.
7. ADDENDA.
7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or
delivered to all who are known by the City to have received a complete set of
Bidding Documents and who have provided a street address for receipt of Addenda.
7.2 Copies of Addenda will be made available for inspection at the City's Public Works
Department.
7.3 The City will issue Addenda so that they are received by prospective Bidders not
later than three (3) business days before the Bid Deadline. Addenda that withdraw
the request for Bids or postpone the Bid Deadline may be issued any time before the
Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda
before issuing a Bid.
8. PRE -BID CONFERENCE. Bidder will attend a Pre -Bid Conference where the City will
discuss the Bidding Documents, answer questions, accept comments, and conduct a Project
site visit. The City requires all Pre -Bid Conference attendees to arrive for the meeting on
time and to sign an attendance list which is used to determine if Bidders meet this
requirement. Any Bidder not attending the Pre -Bid Conference in its entirety will be deemed
to have not complied with the requirements of the Bidding Documents and its Bid will be
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rejected.
9. FORM AND STYLE OF BIDS
9.1 Bids will be submitted on the Bid Form included with the Bidding Documents. Bids
not submitted on the City's Bid Form will be rejected.
9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.
9.3 Bidder's failure to submit a price for any Alternate or unit price will result in the Bid
being considered as nonresponsive. If Alternates are called for and no change in the
Lump Sum Base Bid is required, enter "No Change."
9.4 Each Bidder must fill out the "Bidders Statement of Past Contract Disqualifications"
form stating any and all instances of Contract disqualifications due to a violation of a
law or safety regulation. The Bidder must explain the circumstances of each
disqualification. The City may reject the bid based on such information.
9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.
9.6 The Bids will be based upon full completion of all the Work as shown on the plans
and specifications. It is expressly understood that the plans are drawn with as much
accuracy as is possible in advance, but should errors, omissions or discrepancies
exist in the plans which show conditions that vary from those encountered in
construction, the Bidder (if awarded the Contract) specifically agrees to construct a
completed work ready for the use and in the manner which is intended. In the event
of increasing or decreasing of work, the total amount of work actually done or
materials or equipment furnished must be paid for according to the unit or lump sum
price established for such work under the Contract, wherever such unit or lump sum
price has been established. In the event no prices are named in the Contract to cover
such changes or alterations, the cost of such changes must be covered as extra work.
9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder
to a Contract. Bidder's Representative will sign and date the Declaration included in
the Bid Form. Failure to sign and date the declaration will cause the Bid to be
rejected.
9.8 Bids must be submitted in writing on the Proposal forms provided by the City of El
Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the
bidders. Bidders are required to submit one (1) original set of the proposal
forms. All information requested therein must be clearly and legibly set forth in the
manner and form indicated.
9.9 Bidders must satisfy themselves by personal examination of the work site, Plans,
Specifications, and other Contract documents, and by any other means as they may
believe necessary, as to the actual physical conditions, requirements and difficulties
under which the work must be performed. No bidder shall at any time after
submissions of a proposal make any claim or assertion that there was any
misunderstanding or lack of information regarding the nature or amount of work
necessary for the satisfactory completion of the job. Any errors, omissions, or
discrepancies found in the Plans, Specifications, or other Contract documents shall be
called to the attention of the City of El Segundo and clarified prior to the submission
of proposals.
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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 20-16: UTILITY INVESTIGATION AND
VERIFICATION SERVICES. DO NOT OPEN WITH REGULAR MAIL."
Proposals may be mailed or delivered by messenger.
10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A
Bid received after the Bid Deadline will be returned to Bidder unopened.
10.7 Bidder will assume full responsibility for timely delivery at the location designated
for receipt of Bids.
10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
10.9 All proposals must be submitted, filed, made, and executed in accordance with State
and Federal laws related to bids for Contracts of this nature whether the same is
expressly referred to herein or not. Any bidder submitting a proposal shall by such
action thereby agree to each and all of the terms, conditions, provisions, and
requirements set forth, contemplated, and referred to in the Plans, Specifications, and
other Contract documents, and to full compliance therewith.
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Agreement No. 6105
11. MODIFICATION OR WITHDRAWAL OF BID.
11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of
such action will be given to the City in writing and signed by the Bidder's authorized
representative. A change so made will be so worded as not to reveal the amount of
the original Bid.
11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then
fully complies with the Bidding Requirements.
11.13 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.
11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the
Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.
11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the
proposal guarantee.
11.16 The withdrawal of a proposal will not prejudice the right of the bidder to submit a
new proposal, providing there is time to do so.
11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City Business
License, or any other tax, as all amounts bid will be deemed and held to include any
such taxes, which may be applicable.
11.18 No mention shall be made in the proposal of the cost of bonds as all amounts bid will
be deemed and held to include any such costs, which may be applicable.
12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and
are received on or before the Bid Deadline will be opened publicly.
13. REJECTION OF BIDS.
13.1 The City will have the right to reject all Bids.
13.2 The City will have the right to reject any Bid not accompanied by the required Bid
Security or any other item required by the Bidding Documents, or a Bid which is in
any other way materially incomplete or irregular.
13.2.1 Unrequested/unauthorized conditions, limitations, or provisions attached to a
proposal will render it irregular and may cause its rejection. The completed
proposal forms shall be without interlineations, alterations, or erasures.
Alternative proposals will not be considered unless specifically requested. No
oral, telegraphic, or telephonic proposal, modification, or withdrawal will be
considered.
13.3 In the event that any bidder acting as a prime Contractor has an interest in more than
one proposal, all such proposals will be rejected, and the bidder will be disqualified.
This restriction does not apply to Subcontractors or suppliers who may submit
quotations to more than one bidder, and while doing so, may also submit a formal
proposal as a prime Contractor. No proposal will be accepted from a bidder who has
not been licensed in accordance with the provisions of the State Business and
Professions Code.
14. AWARD
14.1 The City may retain all bids for a period of ninety (90) days for examination and
comparison, and to delete any portion of the work from the Contract.
14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept
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
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Agreement No. 6105
otherwise specifically provided in the Bidding Documents.
14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum
Base Bid plus all unit prices multiplied by their respective estimated quantities as
stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the
"multiplier" as stated in the Bid Form, plus the amounts of all accepted Alternates.
14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the
purpose of determining the low bidder and establishing the City's maximum
daily liability as a result of City delays to Contractor, if any, and City has no
obligation to pay any daily Contractor Delay Damages except as provided for
in these Contract Documents for Compensable Delays. In the event that City
becomes liable to Contractor for compensable delays, City agrees to pay
Contractor the daily Contractor Delay Damages set forth in the Proposal
Form or Contractor's actual daily delay damages, whichever is less, for each
day of Compensable Delay as provided for by these Contract Documents.
14.5 The City will select the apparent lowest responsive and responsible Bidder and notify
such Bidder within thirty (30) days (unless number of days is modified in
Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids.
Within ten (10) days after receiving the City's notice that Bidder was selected as the
apparent lowest responsible Bidder, Bidder will submit to the City all of the
following items:
14.5.1 Two originals of the Agreement signed by Bidder.
14.5.2 One original of the Payment Bond.
14.5.3 One original of the Performance Bond.
14.5.4 Certificates of Insurance on form provided by the City.
14.5.5 Names of all Subcontractors, with their addresses, telephone number,
facsimile number, trade on Bidders' company stationery. Evidence, as
required by the City, of the reliability and responsibility of the proposed
Subcontractors such as statements of experience, statements of financial
condition, and references.
14.5.6 Preliminary Contract Schedule.
14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of
Securities in Lieu of Retention and Deposit of Retention. If not submitted,
the City will withhold retention.
14.5.8 Cost Breakdown.
14.6 Before award of the Contract, the City will notify Bidder in writing, if the City
objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a
substitute acceptable to the City. Failure of the City to object to a proposed
Subcontractor before award will not preclude the City from requiring replacement of
any Subcontractor based upon information received subsequent to award,
information which cannot be properly evaluated before award due to time
constraints, or information relating to a failure to comply with the requirements of
the Contract.
14.7 If Bidder submits the original signed Agreements and all other items within ten (10)
days after receiving the City's notification, and all such items comply with the
requirements of the Bidding Documents, the City will award the Contract to Bidder
by signing the Agreement and returning a signed copy of the Agreement to Bidder.
14.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible
Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the
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Agreement No. 6105
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.
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Agreement No. 6105
PROPOSAL
FOR THE
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
Date 120
Company Name:
TO THE CITY OF EL SEGUNDO:
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned
BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals
required for the above stated project as set forth in the Plans, Specifications, and Contract
documents therefor, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans,
Specifications, Instructions to Bidders, and all other Contract documents. Submittal of this bid
shall be considered evidence that the BIDDER has satisfied himself regarding the Contract
documents, access and any other field conditions which may affect bid prices. If this proposal is
accepted for award, BIDDER agrees to enter into a Contract with the City of El Segundo at the
unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that
failure to enter into a Contract in the manner and time prescribed will result in forfeiture to the
City of El Segundo of the proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids, and that final
compensation under the Contract will be based upon the actual quantities of work satisfactorily
completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR
DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY
ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include
all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid,
unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S
default in executing the required Contract and filing the necessary bonds and insurance
certificates within ten working days after the date of the City of El Segundo's notice of award of
Contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature
by the Awardee, the proceeds of the security accompanying this bid shall become the property of
the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's
option, be considered null and void.
Agreement No. 6105
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.
F —V, C—ER11FICA110 N
BIDDER certifies that affirmative action has been taken to seek out and consider minority business
enterprises for those portions of the work to be Subcontracted, and that such affirmative actions
have been fully documented, that said documentation is open to inspection, and that said
affirmative action will remain in effect for the life of any Contract awarded hereunder. Furthermore,
BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity
requirements of the Contract documents.
BIDDER declares that the only persons or parties interested in this proposal as principals are those
named herein; that no officer, agent, or employee of the City of El Segundo is personally
interested, directly or indirectly, in this proposal; that this proposal is made without connection to
any other individual, firm, or corporation making a bid for the same work and that this proposal is
in all respects fair and without collusion or fraud.
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Agreement No. 6105
BID SCHEDULE
UTILITY VERIFICATION AND INVESTIGATION SERVICES
PROJECT NO.: PW 20-16
Company Name:
Base Bid Items
Unit Price
Item Total
Item
Description
Estimated
(in figures)
(in figures)
No.
Unit
Quanti
Dollars/Cents
Dollars/Cents
1
Mobilization/Demobilization
LS
1
2
Locate City of El Segundo
LF
29,000
Fiber Optics Lines
3
Pothole Sewer Force Main
Each
10
4
Pothole Water Main
Each
10
Prepare Fiber Optics As -
built plans complete with
5
survey data (location —
LS
1
horizontal and vertical
location of the top of pipe's
centerline)
Prepare pothole log
6
complete with survey data
Each
2
for Sewer Force Main and
Water Force Main
TOTAL BASE BID FOR ITEMS 1-6 IN FIGURES = $
TOTAL BASE BID FORITEMS 1-6 WRITTEN IN WORDS:
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Agreement No. 6105
BIDDER'S INFORMATION
Company Name:
BIDDER certifies that the following information is true and correct:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
If corporation, State of Incorporation (i.e., California)
Business
Address
Telephone No.
Facsimile No.
State Contractor's License No. and Class
Original Date Issued Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and/or corporate officers having principal interest in this
proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
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Agreement No. 6105
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. 6105
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 7 20
NOTARY PUBLIC
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Agreement No. 6105
PROPOSAL GUARANTEE
BID BOND
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
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. 6105
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:
go]
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. 6105
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 share; 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
Name of Bidder/Company Name
Typed Name Date
Title
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Agreement No. 6105
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
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Agreement No. 6105
BIDDER'S CERTIFICATION OF SUBCONTRACTORS
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: 20-16
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.
Subcontractor's Description of
Contractor License Portion of
Name of No. & DIR Work Estimated
Subcontractor Address Registration No. Subcontracted $ Amount
�........... .......
(Number and Street) (CSLB #)
(City, Zip Code) (DIR#)
... W_........
(Make copies of this page if additional space is needed)
Signature of Bidder Date
Agreement No. 6105
REFERENCES
Company Name:
The following are the names, addresses, and telephone numbers for public agencies for which
BIDDER has performed similar work as the prime Contractor or major Subcontractor within
the past five (5) years:
1. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
2. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
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Agreement No. 6105
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. 6105
5. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
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Agreement No. 6105
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
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. 6105
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
UTILITY INVESTIGATION AND VERIFICATION
SERVICES
PROJECT NO.: PW 20-16
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:
TyDe of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG
00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per
occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability
policies must be endorsed to name the City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on
ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including
symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as required herein, and such
other evidence of insurance or copies of policies as may be reasonably required by the City from time to
time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A: VII." Certificate(s) must reflect that the insurer will provide thirty
(30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice
provisions.
The City requires California. Worker's Compensation Coverage with the associated Waiver. Out-of-state
coverage will not be accepted in lieu of the California coverage, because the work is being performed in
the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
render the bidder's proposal "nonresponsive."
Date
I-C-16
Bidder's Signature
Agreement No. 6105
END PROPOSAL SECTION
I-C-17
Agreement No. 6105
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
[CONTRACTOR]
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
This CONTRACT is entered into this day of , 20
by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation
("the City") and , ("the Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the
"Work"). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the Contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed
Dollars ( ) for the Work in the manner set forth in the Contract
Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 120 working days (the
"Contract Time.")
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Agreement No. 6105
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.
Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this Contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
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Agreement No. 6105
of insurance coverage to be maintained by the Contractor as required by the Contract
Documents, and any approval of such insurance by the City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent Contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to Contract for similar service to be
performed for other employers while under Contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits the City provides for its employees. Any provision in
this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the same
and to make transcript therefrom, and to inspect all program data, documents, proceedings
and activities. The Contractor will retain such financial and program service records for at
least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The City The Contractor
Arianne Bola
Senior Associate Engineer
City of El Segundo
350 Main Street,
El Segundo, CA 90245
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the
time of actual delivery. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
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Agreement No. 6105
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;
& The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion will be
deemed modified to the extent necessary in the opinion of the court to render
such portion enforceable and, as so modified, such portion and the balance of this
Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Contract and to engage in the actions described herein. This Contract may be
modified by written amendment. The City's city manager, or designee, may execute any
such amendment on the City's behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Contract, agreements ancillary to this Contract, and related documents to be entered into
in connection with this Contract will be considered signed when the signature of a
party is delivered by facsimile transmission. Such facsimile signature will be treated in
all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions
hereof will be construed as both covenants and conditions, the same as if the words
importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience
of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of
the Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this Contract the day
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Agreement No. 6105
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
an
David H. King,
Assistant City Attorney
Insurance Reviewed by:
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Taxpayer ID No.
Contractor State
License No.:
Contractor City Business
License No.:
Agreement No. 6105
FAITHFUL PERFORMANCE BOND
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
Bond No.
Bond Fee:
("PRINCIPAL")
and , a corporation
incorporated under the laws of the State of and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of
DOLLARS,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 20-16, 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 20-16, a copy of which is on file with CITY's Engineering
Division ("Public Project"). Such performance will be in accordance with CITY's plans and
profiles (CITY DRAWING NO. PW 20-16) which are made a part of this bond when said plans
and profiles are approved by the City Council and fled 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. 6105
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 20-16 or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the Contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following two (2) attached exhibits all of which ' are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing
this bond to do so;
B. A certificate issued by the county clerk for the county in which
SURETY's representative is located conforming with California
Code of Civil Procedure § 995.640 and stating that SURETY's
certificate of authority has not been surrendered, revoked,
cancelled, annulled, or suspended, or in the event that it has, that
renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I-E-2
Agreement No. 6105
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL'S MAILING ADDRESS:
20
SURETY's PRESIDENT
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 6105
LABOR AND MATERIALS BOND
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
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 UTILITY
INVESTIGATION AND VERIFICATION SERVICES, SPECIFICATIONS NO. PW 20-
16 ("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 20-16, and the Public Works Contract executed for such
Specifications, copies of which is on file with CITY's Engineering Division ("Public Project").
Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING
FILE NO. PW 20-16), which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all Contractors, Subcontractors, and persons renting
equipment.
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Agreement No. 6105
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 20-16, 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 be in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement No. 6105
SIGNED AND SEALED this day
PRINCIPAL's PRESIDENT
PRINCIPAL'S SECRETARY
PRINCIPAL's MAILING ADDRESS:
20
SURETY's PRESIDENT
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 6105
'. .
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 Subcontractors will obtain appropriate insurance and a City Business
I,icense before execution of the construction Contract.
3. EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and Subcontractors, or their
representatives, will be filed with the City Engineer and the City Police Department
BEFORE PERFORMING WORK.
4. FURNISHING OF WATER
Water necessary for the prosecution of the work as herein specified will be furnished by the
City in the following manner:
The Contractor will deposit with the City Water/Wastewater Division the sum of Three
Hundred Fifty Dollars ($ 350.00) to insure against damage to a 2 '/2" Fire Hydrant water
meter which will be furnished and installed by the City at a point convenient to the site of the
work. This deposit will be refunded to the Contractor upon completion of the Project if, after
removal and inspection of said meter by the City, it is found to be in satisfactory condition.
In event of damage to this meter while under the jurisdiction of the Contractor, all or any
part of said deposit may be retained by the City.
A non-refundable Activation Fee of One Hundred Dollars ($100.00) will be charged upon
activation of the temporary meter.
5. CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
All work performed under this Contract will be done in strict compliance with the Cal -OSHA
Rules and Regulations, latest edition.
6. SOUND CONTROL
The Contractor will comply with all local sound control and noise level rules, regulations
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Agreement No. 6105
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 Subcontractor will wear an
orange vest or an orange shirt while working in the public right-of-way.
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Agreement No. 6105
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS
0-0 STANDARD SPECIFICATIONS
0-1 GENERAL
Except as modified by these Standard Specifications, the provisions of the latest
edition of the "Standard Specifications for Public Works Construction"
("Greenbook") and its supplements prepared and promulgated by the Southern
California Chapters of the American Public Works Association and the Associated
General Contractors of America, constitute the Standard Specifications for this
project.
0-2 NUMBERING OF SECTIONS
The numbering contained within the Standard Specifications of the Contract
Documents is intended to correspond with Greenbook numbering.
1-2 DEFINITIONS
The following subsection is added to Subsection 1-2 of the Greenbook.
1-2.1 ADDITIONAL DEFINITIONS
Acceptance — The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors
employed by the City.
City Council - The body constituting the awarding authority of the City.
Compensable Delay -- a delay entitling the Contractor to an adjustment of the
Contract Sum and an adjustment of the Contract Time in accordance with this
Agreement. -
Due Notice - A written notification, given in due time, of a proposed action where
such notification is required by the Contract to be given a specified interval of time
(usually 48 hours or two working days) before the commencement of the
contemplated action. Notification may be from Engineer to Contractor or from
Contractor to Engineer.
Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless
otherwise provided, all correspondence and decisions made relative to the Contract
will be by the City Engineer or his designated representative.
PCC — California Public Contract Code.
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Agreement No. 6105
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 Public
Works Standards, Inc.
WATCH
Work Area Traffic Control Handbook
SPPWC
Standard Plans for Public Works Construction by the American Public
Works Association
SSPWC
Standard Specifications for Public Works Construction by the
American Public Works Association
ASA
American Standard Association
CITY
City of El Segundo
2-0 SCOPE. AND CONTROL, Of WORK
The following subsections 2-1.1 and 2-1.2 are added to the Greenbook.
2-1.1 ACCESS TO PROJECT SITE
Not later than the date designated in the City Notice to Proceed, the City will provide
access to the real property and facilities upon which the Work is to be performed,
including access to real property and facilities designated in the Contract Documents
for the Contractor's use.
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Agreement No. 6105
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
prince Contractor's total bid. Only one Subcontractor will be listed for each portion
of the work, which portion will be defined in the bid. In each instance, the nature and
extent of the work to be sublet will be described. The failure of the Contractor to
specify a Subcontractor, or the listing of more than one Subcontractor for the same
portion of the work, constitutes an agreement by the Contractor that it is fully
qualified to perform that portion itself and that it will perform that portion itself.
The Contractor must have the City Council's written consent to substitute a
Subcontractor other than that designated in the original bid, to permit any Subcontract
to be assigned or transferred, or to allow a Subcontract to be performed by other than
the original Subcontractor.
Subcontracting of work for which no Subcontractor was designated in the original
bid, and which is more than one-half of one percent of the work, will be allowed only
in cases of public emergency or necessity, and then only after a finding reduced to
writing as a public record of the City Council setting forth the facts constituting the
emergency or necessity.
Violation of any of the above provisions will be considered a breach of the Contract,
and the City may terminate the Contractor's control over the Work, cancel the
Contract, or assess the Contractor a penalty of not more than ten percent of the
Subcontract involved.
All persons engaged in the work, including Subcontractors and their employees will
be considered as employees of the Contractor. The Contractor will be solely
responsible for and have control over construction means, methods, techniques,
sequences, procedures, and the coordination of all portions of the Work. The City
will deal directly with, and make all payments to, the prime Contractor.
When Subcontracted work is not being prosecuted in a satisfactory manner, the
Contractor will be notified to take corrective action. The Engineer may report the
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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 RESPQNSIBILIT' "
Add the following to Subsection 2-3.2 Additional Responsibility:
The Contractor will submit experience statements for each Subcontractor who will
perform Contract work that amounts to more than ten percent (10%) of the Work.
2-4 CONTRACT BONDS
The following paragraph is added to Subsection 2-4 of the Greenbook.
The Faithful Performance Bond and the Labor and Materials Bond must be paid and
in effect for one year after the acceptance of the job by the City in accordance with
the guarantee required by Subsection 6-8.1.
2-5 PLANS AND S 3ECII" ICATION S
Subsection 2-5.1 of the Greenbook is replaced by the following subsection.
2-5.1 GENERAL
The Contractor will maintain the following at the Work site:
One as -built copy of the Plans and Specifications, in good order and
marked to record current changes and selections made during
construction. As -built plans must be submitted to the City
representative for approval before the City pays a final retention
amount.
2. The current accepted Contract Schedule.
Shop Drawings, Product Data, and Samples.
4. Approved permits from other agencies, including Cal -OSHA permits
for trench shoring.
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5. All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the Work. The
Contract Documents are intended to be complementary and cooperative and to
describe and provide for a complete project. Anything in the Specifications and not
on the Plans, or on the Plans and not in the Specifications, will be as though shown
or mentioned in both.
Payment for any items on the plans for which there is no specific bid item will be
included in the various items of work or in any item to which it is appurtenant.
If the Contractor performs any work which it knows or should know involves an
error, inconsistency, or omission without notifying and obtaining written consent
from the Engineer, the Contractor will be responsible for the resulting losses,
including, without limitation, the costs of correcting defective work.
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
The following paragraph is added to subsection 2-5.2 of the Greenbook:
As the figured dimensions shown on the plans and in the specifications of the
Contract may not in every case agree with scaled dimensions, the figured dimensions
will be followed in preference to the scaled dimensions, and plans to a large scale
will be followed in preference to the plans to a small scale. Should it appear that the
work to be done, or any of the matters relative thereto, are not sufficiently detailed or
explained in the Contract, the Contractor will apply to the Engineer for such further
explanations as may be necessary, and will conform thereto as part of the Contract
so far as may be consistent with the terms thereof. Any items shown on drawings and
not mentioned in the specifications will be of like effect as if shown or mentioned in
both.
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and
existing utilities that may affect the cost of the Work will be shown on the Plans or
indicated in the Specifications, the City does not warrant the completeness or
accuracy of such information.
The Contractor will carefully study and compare each of the Contract Documents
with the others and with information furnished by the City and will promptly report
in writing to the Engineer any errors, inconsistencies, or omissions in the Contract
Documents or inconsistencies with applicable law observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor before
commencing the Work. Errors, inconsistencies, or omissions discovered at any time
will be promptly reported in writing to the Engineer.
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2-8 RIGli--f-OF-WAY
The following subsection is added to Subsection 2-8 of the Greenbook.
2-8.1 ADDITIONAL WORK. AREAS AND FACILITIES
When the Contractor arranges for additional temporary work areas and facilities, the
Contractor will provide the City with proof that the additional work areas or facilities
have been left in a condition satisfactory to the owner(s) of said work areas or
facilities before acceptance of the work.
2-9 SURVEYING
Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the
following subsection:
2-9.3 SURVEY SERVICE
2-9.3.1 CONSTRUCTION SURVEYING
The Contractor will provide for all construction surveying required to layout, monitor
and complete the work. The surveying will be performed by a Land Surveyor or Civil
Engineer authorized to practice land surveying by the State of California.
The Project Benchmark is shown on the plans. The Contractor will establish all
necessary control lines based on the plans and record information on file with the
County of Los Angeles Surveyor and the Engineer.
It is the responsibility of the Contractor to protect the survey control as shown on the
plans. If the survey control is destroyed or disturbed during construction, the
Contractor will provide for resetting them and file appropriate documents with the
County of Los Angeles at the direction of the Engineer.
Computations, survey notes, and other data used to accomplish the work will be neat,
legible and accurate. Copies of all computations, survey notes, and other data
(electronic format may be required) will be furnished to the Engineer before
beginning work that requires their use.
2-9.3.2 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.
3-3.2.213ASIS FOR ESTABLISHING COSTS
Subsection 3-3.2.2.3, Tool and Equipment Rental is modified where the second and
third paragraphs are replaced with "Regardless of ownership, the rates to be used in
determining the equipment usage costs will not exceed those listed for the same or
similar equipment in the California State Department of Transportation publication
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of Labor Surcharge and Equipment Rates effective for the period of usage."
3-3.2.3 MARK UP
Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following
subsection:
(a) Work by Contractor. The following percentages will be added to the
Contractor's costs and will constitute the markup for all overhead and profits.
1) Labor..................................................20
2) Materials............................................15
3) Equipment Rental...............................15
4) Other Items and Expenditures ............ 15
To the sum of the costs and markups provided for in this subsection, 1 percent
will be added as compensation for bonding. No other formula, e.g., the
Eichleay or other method, may be used to calculate daily damages for office
overhead, profit, or other purported loss.
(b) Work by Subcontractors. When all or any part of the extra work is performed
by a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the Subcontracted portion of the extra work and a markup of 5
percent on work added in excess of $5,000 of the Subcontracted portion of
the extra work may be added by the Contractor.
(c) In the event that City becomes liable to Contractor for compensable delays,
City agrees to pay Contractor the daily Contractor Delay Damages set forth
in the Bid Form or Contractor's actual daily delay damages, whichever is less,
for each day of Compensable Delay as provided for by these Contract
Documents.
3-3.3 DAILY REPORTS BY CONTRACTOR
Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor:
If disagreement continues regarding extra work, the Contractor may seek
compensation in accordance with the Claims procedure. Daily Reports required by
this subsection must be made part of the Claim as supporting data for the Claim.
3-4 CHANGED CONDITIONS
Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the
following subsection:
If the Contractor encounters concealed or unknown conditions that differ materially
from those anticipated or expected ("changed conditions"), the Contractor will
immediately notify the Engineer in writing of such changed conditions (upon
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
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differ from those design details shown in the Contract Documents. Notwithstanding
the time period set forth in Subsection 6-11.3, the Contractor is liable to the City for
any extra costs incurred as a result of the Contractor's failure to promptly give such
notice.
Changed conditions include, without limitation, the following:
Subsurface or latent physical conditions differing materially from
those represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature differing
materially from those ordinarily encountered and generally
recognized as inherent in work of the character being performed; and
3. Material differing from what is represented in the Contract which the
Contractor believes may be hazardous waste as defined in California
Health & Safety Code § 25117 that is required to be removed to a
Class I, II, or III disposal site in accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed
conditions. The Engineer's decision, and any dispute regarding that decision, will be
made in accordance with Section 6-11 except that the Engineer will render a decision
promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO
BIDDERS is subject to the following provisions:
1. The information is made available for the Bidders' convenience and
is not a part of the Contract.
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.
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4-1.3 INSPECTION REQUIREMENTS
Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by
the following subsections.
4-1.3.1 GENERAL
Unless otherwise specified, inspection at the source of production for such materials
and fabricated items as bituminous paving mixtures, structural concrete, fabricated
metal products, cast metal products, welding, reinforced and unreinforced concrete
pipe, application of protective coatings, and similar shop and plant operations is not
required. A certificate of compliance, signed by an authorized officer of the producer,
certifying compliance with the Contract documents will be submitted for all of the
following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos
cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe;
and PVC sewer and water pipe; subject to sampling and testing by City.
Standard items of equipment, such as electric motors, conveyors, plumbing fittings
and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.
All other equipment items will be inspected and tested in accordance with the
Contract documents.
The City does not provide full time inspection. The Contractor will provide 24-hour
minimum notice for each inspection required by the work unless other arrangements
have been agreed upon, in writing, with the City Engineer. Any inspection required
outside of normal working hours and days, including holidays, will be at the
Contractor's cost at rates established by the City.
4-1.6 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 must submit, a
minimum of ten (10) calendar days before the date of the bid opening, documentation
of the particulars of the proposed "equal item". At a minimum, the submitted
documentation will include:
■ Written request with explanation of why the product should be considered as
an equal product.
■ Material specifications.
■ Technical specifications.
Test data.
Samples.
Comparison chart of key specifications of the "equal" item against similar
specifications of the specified item.
Work locations and reference telephone numbers of at least three (3) locations
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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.
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 CALCUI ATING IDLETIME
Equipment idle time will calculated in accordance with Subsection 3-3.2.2 and based
upon the actual normal working time during which the delay condition exists, but in
no case will exceed 8 hours in any one day. The days for which compensation will
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be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays,
during the existence of the delay.
Worker idle time will be calculated in accordance with Subsection 3-3.2.2.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Section 6-1, Construction Schedule and Commencement of Work, is deleted in its
entirety and replaced by the following subsections.
.pre -Construction Meetin
After Contract award, the City will arrange for a pre -construction meeting to discuss
the construction of the project. City will invite utility agencies and the Contractor will
arrange for all of its Subcontractors to attend the meeting.
6-1.1 CONTRACT SCHEDULE
After notification of award and before starting any work, the Contractor will submit
a Contract Schedule to the Engineer for review, as required by these Specifications
within fifteen (15) calendar days of award.
6-1.2 CONTENT OF 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.
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
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delay.
If a schedule showing the Work completed in less than the Contract Time is accepted,
the Contractor will not be entitled to extensions of the Contract Time for Excusable
Delays or Compensable Delays or to adjustments of the Contract Sum for
Compensable Delays until such delays extend the completion of the Work beyond
the expiration of the Contract Time.
The Contractor will plan, develop, supervise, control, and coordinate the performance
of the Work so that its progress and the sequence and timing of Work activities
conform to the current accepted Contract Schedule. The Contractor will continuously
obtain from Subcontractors information and data about the planning for and progress
of the Work and the delivery of equipment, will coordinate and integrate such
information and data into updated Contract Schedules, and will monitor the progress
of the Work and the delivery of equipment. The Contractor will act as the expeditor
of potential and actual delays, interruptions, hindrances, or disruptions for its own
forces and those forces of Subcontractors. The Contractor will cooperate with the
Engineer in developing the Contract Schedule and updated Contract Schedules.
The Engineer's review and comments about any schedule or scheduling data will not
relieve the Contractor from its sole responsibility to plan for, perform, and complete
the Work within the Contract Time. Review and comments about any schedule will
not transfer responsibility for any schedule to the Engineer or the City nor imply their
agreement with (1) any assumption upon which such schedule is based or (2) any
matter underlying or contained in such schedule.
The Engineer's failure to discover errors or omissions in schedules that have been
reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others
are behind schedule, or to direct or enforce procedures for complying with the
Contract Schedule will not relieve the Contractor from its sole responsibility to
perform and complete the Work within the Contract Time and will not be a cause for
an adjustment of the Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently accepted
Contract Schedule.
6-1.4 COMMENCEMENT 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) calendar days after the date of the Notice to Proceed, and be diligently
prosecuted to completion with the time provided in the Specifications.
6-4 DEFAULT BY CONTRACTOf
The language in subsection 6-4 is deleted in its entirety and replaced with the
following subsections.
6-4.1 GENERAL
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Should the Contractor fail to begin delivery of material and equipment, to commence
the Work within the time specified, to maintain the rate of delivery of material, to
execute the Work in the manner and at such locations as specified, or fail to maintain
the Work schedule (as determined by the current accepted Contract Schedule) which
will ensure the City's interest, or if the Contractor is not carrying out the intent of the
Contract, the City may serve written notice upon the Contractor and the Surety on its
Faithful Performance Bond demanding satisfactory compliance with the Contract.
6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK
The City may terminate the Contractor's control over the Work without liability for
damages when, in the City's opinion, the Contractor is not complying in good faith,
has become insolvent, or has assigned or Subcontracted any part of the Work without
the City's consent. Should such termination occur, the Contractor will be paid the
actual amount due based on Contract Unit Prices or lump sums bid and the quantity
and quality of the Work completed at the time of termination, less damages caused
to the City by the Contractor's action or inaction.
In the event of such termination of control, the City may do any one, or combination
of, the following:
1. Serve written notice upon the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract. In such event the
Surety will, within 5 days, assume control and perform the Work as
successor to the Contractor;
2. The City may perform the Work itself and deduct the cost thereof from
any payment due to the Contractor;
3. The City may replace the Contractor with a different Contractor to
complete the work and deduct the cost thereof from any payment due to
the Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional remedy the
City may have under these Contract Documents or applicable law.
6-4.3 SURE"1"Y'S ASSUMPTION 01" 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
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under the Contract are insufficient for completion, the Contractor or Surety will pay
to the City within 5 days of completion, all costs in excess of the sums due.
The provisions of this subsection will be in addition to all other rights and remedies
available to the City under applicable law.
6-6 DELAYS AND EXTENSIONS OF TIME
Subsection 6-6 is deleted in its entirety and replaced with the following subsections.
6-6.1 GENERAL
If delays are caused by unforeseen events beyond the control of the Contractor, such
delays will entitle the Contractor to an extension of time as provided herein, but the
Contractor will not be entitled to damages or additional payment due to such delays
except as otherwise provided herein. Excusable delay may include: war, earthquakes
exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the
contemplation of the parties, strikes outside the contemplation of the parties, fires,
floods, changes to the Work as identified herein, or other specific events that may be
further described in the Specifications.
Delays to the project caused by labor disputes or strikes involving trades not directly
related to the project, or involving trades not affecting the project as a whole will not
warrant an extension of time.
The City will not grant an extension of time for a delay by the Contractor's inability
to obtain materials unless the Contractor furnishes to the Engineer documentary
proof. The proof must be provided in a timely manner in accordance with the
sequence of the Contractor's operations and accepted construction schedule.
Should delays be caused by events other than those included herein, the Engineer
may, but is not required to, deem an extension of time to be in the City's best interests.
6-6.2 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.
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6-6.4 WRITTEN NOTICE AND REPORT
If the Contractor desires payment for a delay or an extension of time, it will give the
Engineer written notice of such request not later than the time limit set forth in the
Proposal for submitting a claim after the event or occurrence giving rise to a delay
claim. Failure to submit a written request within such amount of time will result in
the Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by the
"Claims" sections of these Specifications.
In no event will the City grant the Contractor an extension of time if the delay is
within the Contract Time as identified by the Contract Documents.
6-7.2 WORK DAYS AND WORKING HOURS
City Hall is open from Monday thru Thursday 7am-5pm and alternating Fridays
7am-4pm. It is closed on the following holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving
Christmas Eve
Christmas
New Year's Eve
- Friday, January 1, 2021
- Monday, January 18, 2021
- Monday, February 15, 2021
- Monday, May 31, 2021
- Sunday, July 4, 2021
Monday, September 6, 2021
Thursday, November 11, 2021
- Thursday, November 25, 2021
Friday, December 24, 2021
- Saturday, December 25, 2021
- Saturday, December 31, 2021
Working on alternate Fridays when City Hall is closed is acceptable. If the
Contractor, however, requests an inspection a day when City Hall is closed, then the
Contractor will have to reimburse the City for the costs of inspection. The Contractor
must request such an inspection at least 48 hours in advance. City inspections during
hours when City Hall is closed are subject to inspection overtime fees to be paid for
by the Contractor. Friday work that does not require inspection can be done without
an inspection fee and must be discussed with City staff before its occurrence. If the
Contractor does construction on a Friday or a day when City Hall is closed, that day
is counted as a project working day.
On workdays, Contractor's activities will be confined to the hours between 7:00 a.m.
and 4:00 p.m.
Please see Section 6-7.5 below for weekend and holiday work restrictions.
6-7.4 NIGHT WORK
The following paragraph is added to Section 6-7 of the Greenbook:
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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 COMPLE"I"1GN AND ACCEPTANCE
Subsection 6-8 of the Greenbook is deleted in its entirety and replaced by the
following:
The Work will be inspected by the Engineer for acceptance upon the Engineer
receiving the Contractor's written assertion that the Work is complete.
If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the
Engineer will accept the Work on behalf of the City in the manner prescribed by the
City. The Engineer will recommend approval of the Notice of Completion to the City
Council. This will be the date when the Contractor is relieved from responsibility to
protect the Work.
All work will be guaranteed by the Contractor against defective workmanship and
materials furnished by the Contractor for a period of 1 year from the date the Work
was completed. The Contractor will replace or repair any such defective work in a
manner satisfactory to the Engineer, after notice to do so from the Engineer, and
within the time specified in the notice. If the Contractor fails to make such
replacement or repairs within the time specified in the notice, the City may perform
this work and the Contractor's sureties will be liable for the cost thereof.
6-8.1 GENERAL 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 CGiMPLL 1E 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
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Agreement No. 6105
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 CLAIM& PROCEDUR17
6-11.1 GENERAL
Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the
Contractor that seeks an adjustment or interpretation of the terms of the Contract
Documents, payment of money, extension of time, or other relief with respect to the
Contract Documents, including a determination of disputes or matters in question
between the City and the Contractor arising out of or related to the Contract
Documents or the performance of the Work, and claims alleging an unforeseen
condition or an act, error, or omission by the City, the Engineer, their agents or
employees. "Claim" does not mean, and the Claims procedures herein do not apply,
to the following:
1. Claims respecting penalties for forfeitures prescribed by statute or
regulations, which a government agency is specifically authorized to
administer, settle, or determine.
2. Claims respecting personal injury, death, reimbursement, or other
compensation arising out of or resulting from liability for personal
injury or death.
3. Claims respecting a latent defect, breach of warranty, or guarantee to
repair.
4. Claims respecting stop notices.
If a Claim is subject to the Change Order procedures, the Claim arises upon the
issuance of a written final decision denying in whole or in part the Contractor's
Change Order Request. If a Claim is not subject to the Change Order Procedures, the
Claim arises when the Contractor discovers, or reasonably should discover, the
condition or event giving rise to the Claim.
6-11.2 FORM
A Claim must include the following:
A statement that it is a Claim and a request for a decision.
1 A detailed description of the act, error, omission, unforeseen
condition, event or other condition giving rise to the Claim.
3. If the Claim is subject to the Change Order procedures, a statement
demonstrating that a Change Order Request was timely submitted and
denied.
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Agreement No. 6105
4. A detailed justification for any remedy or relief sought by the Claim,
including to the extent applicable, the following:
a) If the Claim involves extra work, a detailed cost breakdown claimed.
The breakdown must be provided even if the costs claimed have not
been incurred when the Claim is submitted.
b) To the extent costs have been incurred when the Claim is submitted,
the Claim must include actual cost records (including, without
limitation, payroll records, material and rental invoices)
demonstrating that costs claimed have actually been incurred.
c) To the extent costs have not yet been incurred at the time the Claim is
submitted, actual cost records must be submitted on a current basis
not less than once a week during any periods costs are incurred. A cost
record will be considered current if submitted within seven (7)
calendar days of the date the cost reflected in the record is incurred.
At the Engineer's request, claimed extra costs may be subject to
further verification procedures (such as having an inspector verify the
performance of alleged extra work on a daily basis).
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:
"l, , BEING THE _ m (MUST BE AN
OFFICER) OF _ (CONTRACTOR NAME), DECLARE
UNDER PENALTY O...
F 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
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Agreement No. 6105
CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR
BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR
WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA
GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE
CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT
SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO
FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL
CONSEQUENCES."
6-11.3 CLAIMS SUBMITTED TO ENGINEER
Within thirty (30) calendar days after the circumstances giving rise to a Claim occur,
the Contractor will submit its Claim to the Engineer for a decision. Regardless of any
Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the
Engineer, the Contractor will not cause any delay, cessation, or termination of the
Work, but will diligently proceed with the performing the Work in accordance with
the Contract Documents. Except as otherwise provided, the City will continue to
make payments in accordance with the Contract Documents.
6-11.4 CLAIM IS PREREQUISITE TO OTHER REMEDY
The Contractor certifies that it is familiar with PCC § 10240.2 and understands and
agrees that submitting a Claim in accordance with these Specifications is an express
condition precedent to the Contractor's right to otherwise pursue a claim whether
through alternative dispute resolution or by litigation. Should the Contractor fail to
submit a claim in accordance with these Specifications, including the time limits set
forth herein, it will waive any right to a remedy, whether in law or equity, it might
otherwise have pursuant to the Contract Documents or applicable law.
6-11.5 DECISION ON CLAIMS
The Engineer will promptly review Claims submitted by the Contractor in accordance
with these Specifications. Should the Engineer require additional supporting
evidence to evaluate the claim, the Engineer will request such additional information
in writing. Any such requested data will be furnished not later than ten (10) calendar
days after the Contractor receives the Engineer's request.
The Engineer will render a decision not later than thirty (30) days after either
receiving the Claim or the deadline for furnishing additional supporting data,
whichever is later. If the Claim amount is more than $50,000, the time period will be
extended to sixty (60) days. If the Engineer fails to render a decision within the time
period established herein, then the Claim will be deemed denied. The Engineer's
decision will be final and binding unless appealed in accordance with these
Specifications.
The Engineer's decision on a Claim will include a statement substantially as follows:
"This is a decision pursuant to the General Specifications of your Contract. If you are
dissatisfied with the decision, and have complied with the procedural requirements
for asserting claims, you may have the right to alternative dispute resolution or
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Agreement No. 6105
litigation. Should you fail to take appropriate action within thirty (30) calendar days
of the date of this decision, the decision will become final and binding and not subject
to further appeal."
6-11.6 VIPEAL Ob" ENGINEER'S DECISION
Should the Contractor dispute the Engineer's decision, then the Contractor must
appeal that decision to the City's Public Works Director within thirty (30) calendar
days of receiving the Engineer's decision.
The Public Works Director will address disputes or claims within thirty (30) calendar
days after receiving such request and all necessary supporting data. The Public Works
Director's decision on the dispute or claim will be the City's final decision.
If the Contractor disputes the Public Works Director's decision, then the Contractor
must demand alternative dispute resolution in accordance with this Section and the
PCC within thirty (30) calendar days of the City's final decision.
6-11.7 MEDIATION
If the City and the Contractor agree, disputes between the parties may be submitted
to non -binding mediation. If the parties cannot agree to an alternative form of
mediation, then mediation will be administered by the American Arbitration
Association ("AAA") under its Construction Industry Mediation Rules, unless the
use of such rules are waived by mutual stipulation of both parties.
The parties may, but are not required to be, represented by counsel in mediation.
The requirement for mediation will not alter or modify the time limitations otherwise
provided for claims and no conduct or settlement negotiation during mediation will
be considered a waiver of the City's right to assert that claim procedures were not
followed.
6-11.8 ARBITRATION
If the City and Contractor do not agree to mediation, then a disputes will be submitted
to neutral non -binding (except as provided herein) arbitration. Arbitration will be
conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator
will be consistent with PCC § 10240.8.
The exclusive venue for any arbitration will be in Los Angeles County.
The expenses and fees of the arbitrators and the administrative fees, if any, will be
divided among the parties equally. Each party will pay its own counsel fees, witness
fees, and other expenses incurred for its own benefit.
6-11.9 W1IEN AR1 ITRA"rION DECISION BECOmF,,S BINDING
The decision rendered by the arbitrator will become binding upon the parties unless
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Agreement No. 6105
appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12
within thirty (30) calendar days of the decision. If subsequent litigation results in an
award to the party appealing the arbitration that is less than or equal to that of the
arbitration decision, or if the litigation results in a decision in favor of the
nonappealing party, then the party appealing the arbitration will pay the nonappealing
parry's attorney's fees and court costs.
6-11.10 APPEAL TO SUPERIOR COURT; WAIVER OF JURY" TRIAL
Should a party timely object to the arbitration decision, it may file a petition with the
Los Angeles County Superior Court in accordance with California Code of Civil
Procedure ("CCP") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP
§ 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter
judgment in accordance with CCP § 1287.4, for any legal or equitable basis
including, without limitation, error of law. The court will apply the substantial
evidence standard of review when considering the appeal of an objecting party.
BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR
AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE
CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF
THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF
CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH
THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE
THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.
6-11.11 AB 626 CLAIMS; PROCESS
Claims made by a Contractor for one or more of the following are subject to the claim
resolution process set forth in Public Contract Code section 9204:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the city under a contract for a public works
project.
(B) Payment by the city of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and
payment for which is not otherwise expressly provided or to which the claimant
is not otherwise entitled.
(C) Payment of an amount that is disputed by the city.
7-2 LABOR
The following subsections are added to Subsection 7-2 of the Greenbook.
7-2.3 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
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Agreement No. 6105
copies of the prevailing rate of per diem wages. One source that may be used is the
California Department of Industrial Relations website which is currently located at
www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774.
Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the
employment of apprentices by the Contractor or any Subcontractor.
Labor Code § 1777.5 requires the Contractor or Subcontractor employing tradesmen
in any apprenticeship occupation to apply to the joint apprenticeship committee
nearest the site of the Public Works project and which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the
ratio of apprentices to journeymen that will be used in the performance of the
Contract. The ratio of apprentices to journeymen in such cases will not be less than
one to five except:
a) When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the ninety (90) calendar
days before the request for certificate, or
b) When the number of apprentices in training in the area exceeds a ratio of one
to five, or
c) When the trade can show that it is replacing at least 1/30 of its membership
through apprenticeship training on an annual basis state-wide or locally, or
d) When the Contractor provides evidence that the Contractor employs regis-
tered 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-offcio
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. 6105
7-3 LIABILITY INSURANCE
Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and
replaced by the following subsections.
7-3.1 GENERAL
Contractor must procure and maintain for the duration of the Contract the following
insurance coverages and limits against claims for injuries to persons or damage to
property that may arise from or in connection with the performance of the work
covered by this agreement by the Contractor, its agents, representatives, employees
or Subcontractors:
COVERAGE PER
OCCURRENCE
Comprehensive General Liability
Business Auto
Workers' Compensation
ISO FORM
CL 00 02 01 85 or 88
CA 00 0101 87
COMBINED
SINGLE
LIMIT
$2,000,000
$1,000,000
Statutory
Contractor will provide endorsements or other proof of coverage for contractual
liability.
Combined single limit per occurrence will include coverage for bodily injury,
personal injury, and property damage for each accident.
If Commercial General Liability Insurance or other form with a general aggregate
limit is used, the policy will be endorsed such that the general aggregate limit will
apply separately to this Contract and a copy of the endorsement provided to the City.
Liability policies will contain, or be endorsed to contain the following provisions:
GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
The City, its officers, officials, employees, agents, and volunteers will be covered as
insureds as respects: liability arising out of activities performed by or on behalf of
the Contractor; products and completed operations of the Contractor; premises
owned, occupied or used by the Contractor; or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage will contain no special limitations on the
scope or protection afforded to the City, its officers, officials, employees, agents, or
volunteers.
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. 6105
The insurer will agree in writing to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City.
Any failure to comply with reporting provisions of the policies will not affect
coverage provided to the City, its officers, officials, employees, agents and
volunteers.
The Contractor's insurance will apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability.
WORKER'S COMPENSATION:
The insurer will agree to waive all rights of subrogation against the City, its officers,
officials, employees and volunteers for losses arising from work performed by the
Contractor for the City.
ALL COVERAGES:
Each insurance policy required by this subsection will be endorsed to state that
coverage will not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) calendar days written notice by certified
mail, return receipt requested, has been given to:
CITY CLERK
City of El Segundo
350 Main Street
El Segundo, CA 90245
Notwithstanding the foregoing, the endorsement may state that insurance may be
cancelled upon ten (10) calendar day notification for non-payment of premium. The
Contractor will provide the City with updated proof of insurance should the Contract
Time extend beyond the policy expiration date.
All liability insurance will be on an occurrence basis. Insurance on a claims made
basis will be rejected. Any deductibles or self -insured retentions will be declared to
and approved by City. The insurer will provide an endorsement to City eliminating
such deductibles or self -insured retentions as respects the City, its officials,
employees, agents, and volunteers.
Except for Workers Compensation Insurance, Contractor will furnish to City
certificates of insurance and endorsements on forms acceptable to the City's City
Attorney, duly authenticated, giving evidence of the insurance coverages required in
this Contract and other evidence of coverage or copies of policies as may be
reasonably required by City from time to time. Endorsements must be supplied on
ISO Form No. CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers
Compensation Insurance will be furnished on State Comp Fund or other industry
standard form. Except for worker's compensation insurance, all insurance required
herein will be placed with insurers with a Best's Rating of not less than A:VII.
Worker's compensation insurance policies will meet the requirements of California
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Agreement No. 6105
law.
All Subcontractors employed on the work referred to in this Contract will meet the
insurance requirements set forth for Contractor. Contractor will furnish certificates
of insurance and endorsements for each Subcontractor at least five days before the
Subcontractor entering the job site, or Contractor will furnish City an endorsement
including all Subcontractors as insureds under its policies.
Except as provided in Subsection 6-10, the Contractor will save, keep and hold
harmless the City, its officers, officials, employees, agents and volunteers from all
damages, costs or expenses in law or equity that may at any time arise or be claimed
because of damages to property, or personal injury received by reason of or in the
course of performing work, which may be caused by any willful or negligent act or
omission by the Contractor or any of the Contractor's employees, or any
Subcontractor. The City will not be liable for any accident, loss or damage to the
work before its completion and acceptance, except as provided in Subsection 6-10.
The cost of such insurance will be included in the various items of work in the
Contractor's bid and no additional compensation for purchasing insurance or
additional coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any
reason, voided or suspended, Contractor agrees that City may arrange for insurance
coverage as specified, and Contractor further agrees that administrative and premium
costs may be deducted from payments due to the Contractor. Contractor will not be
allowed to work until alternate coverage is arranged.
Coverage will not extend to any indemnity coverage for the active negligence of the
additional insured if the agreement to indemnify the additional insured would be
invalid under Civil Code § 2782(b).
7-3.2 INDEMNIFICATION AND DEFENSE
In addition to the provisions of Subsection 7-3 of the Greenbook as between the City
and Contractor, Contractor will take and assume all responsibility for the work as
stated herein or shown on the plans.
The Contractor will bear all losses and damages directly or indirectly resulting to it,
to the City, its officers, employees, and agents, or to others on account of the
performance or character of the work, unforeseen difficulties, accidents, traffic
control, job site maintenance, or any other causes whatsoever.
The Contractor will assume the defense of and indemnify and save harmless the City
of El Segundo, its officers, employees, and agents, from and against any and all
claims, losses, damage, expenses and liability of every kind, nature, and description,
directly 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
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Agreement No. 6105
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. These permits will be
issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other
permits from other governmental and utility agencies necessitated by their
operations.
All bonding fees, (overweight and oversized vehicle permit fees) inspection permit
fees or other fees charged or required for such permits must be paid by the Contractor.
These costs will be included in the bid item provided. If no bid item is included, costs
will be included in the various items of work, and no additional payment will be
allowed.
7-8.1 CLEANUP AND DIES"I" 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.
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Agreement No. 6105
7-8.1.2 WATERING
Water for dust control caused by Contractor's operations or the passage of traffic
through the work will be applied as necessary or as directed by the Engineer. Water
for the above or other purposes may be obtained from any approved source. If the
Contractor chooses to use a City fire hydrant upon placing deposits and fees as
described in this Contract, the Engineer will cause a meter to be installed. All water
used from the hydrant will be metered and charged to the Contractor at the prevailing
rate plus the current daily meter rental rate. The Contractor will be charged a $15
reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs
of water to be used will be included in the cost of various bid items.
7-8.6 WATER POLLUTION CONTROL
The following requirements are added to establish storm water and urban runoff
pollution prevention controls.
(a) Storm or construction generated water containing sediment such as,
construction waste, soil, slurry from concrete/asphalt concrete saw cutting
operations, clean up of concrete transit mixers or other pollutants from
construction sites and parking areas will be retained or controlled on site and
will not be permitted to enter the storm drain system.
(b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel
berms will be utilized to trap sediment so that only filtered water enters the
City's storm drain system. Proper clean up and disposal of settled sediment
and the filtering system will be the responsibility of the Contractor.
(c) Discharge of concrete transit mixer wash water on to approved dirt
areas (sub -grade area designated for new concrete construction for example)
is acceptable. Discharge on to private property, parkway areas, or the street is
not permitted.
(d) Plastic or other impervious covering will be installed where
appropriate to prevent erosion of an otherwise unprotected area, along with
any other runoff control devices deemed appropriate by the City.
(e) Excavated soil stored on the site will be covered in a manner that
minimizes the amount of sediments running into the storm drain system, street
or adjoining properties.
(f) No washing of construction or other industrial vehicles and equipment
will be allowed adjacent to a construction site. During the rainy season
(October 15 to April 15), Contractor will keep at the construction site
sufficient materials and 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
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Agreement No. 6105
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 II IPROVEMENTS
The following requirements are added to Section 7-9:
Where existing traffic striping, pavement markings, and curb markings are damaged
or their reflectively reduced by the Contractor's operations, such striping or markings
will also be considered as existing improvements and the Contractor will replace such
improvements.
Relocations, repairs, replacements, or re -establishments will be at least equal to the
existing improvements and will match such improvements in finish and dimensions
unless otherwise specified.
7-10 PUBLIC CONVENIENCE AND SAFETY
The following requirement is added to Section 7-10:
Unless otherwise specified all traffic control will be performed in accordance with
the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by
Building News.
7-10.1 TRAFFIC ANDD ACCESS
The Contractor will notify the occupants of all affected properties at least 48 hours
before any temporary obstruction of access. Vehicular access to property line will be
maintained except as required for construction for a reasonable period of time. No
overnight closure of any driveway will be allowed except as permitted by the
Engineer.
At least one (1) twelve (12) foot wide traffic lane will be provided for each direction
of travel on all streets at all times except as permitted by the Engineer. The traffic
lanes will be maintained on pavement, and will remain unobstructed. All work
requiring that a lane be closed or a lane moved right or left will be noticed to the
traveling public by use of City approved lighted arrow boards.
Clearances from traffic lanes will be five (5) feet to the edge of any excavation and
two (2) feet to the face of any curb, pole, barricade, delineator, or other vertical
obstruction.
One four (4) foot wide paved pedestrian walkway will be maintained in the parkway
area on each side of all streets. The clearance from the pedestrian walkway to any
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 11 per Section 7-3 of the WATCH Manual and
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Agreement No. 6105
lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook"
(WATCH).
7-10.2 STREET CLOSURES, DETOURS, BARRICADES
Street closures will not be allowed except as specifically permitted by the Engineer.
The Contractor will prepare any traffic control or detour plans that may be required
as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty
(30) to one (1).
Temporary traffic channelization will be accomplished with barricades or
delineators. Temporary striping will not be allowed unless specifically permitted by
the Engineer. The Contractor will prepare any plans that may be required for
temporary striping to the satisfaction of the Engineer. In no event will temporary
striping be allowed on finish pavement surfaces, which are to remain.
Where access to driveway or street crossings need to be maintained, minimum 1 1/4
inch thick steel plating will be used to bridge the trench. All steel plating will have
temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross
comfortably over the plates and have a non-skid surface. Plates subject to vehicle
high traffic speeds and in residential areas will be secured by welding at the discretion
of the Engineer.
7-10.5 PROTECTION OF THE PUBLIC
It is part of the service required of the Contractor to make whatever provisions are
necessary to protect the public. The Contractor will use foresight and will take such
steps and precautions as his operations warrant to protect the public from danger, loss
of life or loss of property, which would result from interruption or contamination of
public water supply, interruption of other public service, or from the failure of partly
completed work or partially removed facilities. Unusual conditions may arise on the
Project which will require that immediate and unusual provisions be made to protect
the public from danger or loss of life, or damage to life and property, due directly or
indirectly to prosecution of work under this Contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the
Contractor has not taken sufficient precaution for the public safety, protection of
utilities and protection of adjacent structures or property, which may be damaged by
the Contractor's operations and when, in the opinion of the Engineer, immediate
action will be considered necessary in order to protect the public or property due to
the Contractor's operations under this Contract, the Engineer will order the
Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act
on the situation immediately, the Engineer may provide suitable protection to said
interests by causing 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
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Agreement No. 6105
progress payments and the final payment due to the Contractor. Such remedial
measures by the City will not relieve the Contractor from full responsibility for public
safety.
7-15 HAZARDOUS MATERIAL
The following Subsection will be added to Section 7 of the Greenbook:
For any excavation, which extends more than four feet below existing grade, the
Contractor will promptly, and before the conditions are disturbed, notify the
Engineer, in writing, of 1) any material that the Contractor believes may be hazardous
waste, as defined in Health and Safety Code § 25117, which is required to be removed
to a Class I, Class 11, or Class III disposal site in accordance with provisions of
existing law, 2) subsurface or latent physical conditions at the site differing from
those indicated, or 3) unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract Documents.
After receiving notice from the Contractor, the Engineer will promptly investigate
any condition identified by the Contractor as being hazardous. The rights and
obligations of the City and the Contractor with regard to such conditions (including,
without limitation, the procedures for procuring change orders and filing claims) will
be specified by the provisions of Subsection 3-4 (Changed Conditions) of the
Greenbook.
If a dispute arises between the City and the Contractor whether the conditions
materially differ, involve hazardous waste, or cause a change in the Contractor's cost
or time required for performance of the work, the Contractor will not be excused from
any scheduled completion date provided for by the Contract, but will proceed with
all work to be performed under the Contract. The Contractor will retain all rights
provided by Subsection 3-5, Disputed Work, of the Greenbook.
If the Engineer determines that material called to the Engineer's attention by the
Contractor is hazardous waste, or if the Engineer otherwise discovers the existence
of hazardous waste, the Contractor will be responsible for removal and disposal of
the hazardous waste by qualified personnel and appropriate equipment in the manner
required by law as directed by the Engineer, subject to the provisions of Section 3
(Changes in Work) of the Greenbook.
9-2 LUMP 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.
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Contractor will furnish three copies of a detailed schedule, which breaks down the
lump sum work into its component parts and cost for each part, in a form and
sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable
apportionment of the lump sum. This schedule is subject to approval by Engineer as
to both the components into which the lump sum item is broken down, and the
proportion of cost attributable to each component.
This schedule will be the basis for progress payments for the lump sum work.
9-3.2 PARTIAL AND FINAL. PAYMENTS
The text of Subsection 9-3.2 of the Standard Specifications is deleted and replaced
with the following:
The closure date for the purpose of making partial progress payments will be the last
working day of each month. The Contractor will prepare the partial payment invoice
with measurement of the work performed through the closure date and submit it to
the CITY for approval.
When work is complete, the Contractor will determine the final quantities of the work
performed and prepare the final progress payment, and submit it to the Engineer for
approval.
It will take a minimum of thirty-five (35) calendar days from the date of approving
the Contractor's invoice to make the payment to the Contractor. However, payments
will be withheld pending receipt of any outstanding reports required by the Contract
documents, or legal release of filed Stop Payment Notices against the Contractor. In
addition, the final progress payment will not be released until the Contractor returns
the control set of Plans and Specifications showing the as -built conditions.
The full five percent (5%) retention will be deducted from all progress payments. The
Contractor will make a payment request for the retained amount, for approval by the
City, upon field acceptance of the work by the City Engineer. The City Engineer upon
field acceptance and receipt of the final as -built plans and any other reports or
documents required to be provided by the Contractor will process a recommendation
to the City Council for acceptance of the work. Not less than thirty-five (35) calendar
days from the City Council acceptance of the work, the Contractor's final payment
will be made provided Stop Payment Notices or other claims have not been filed
against the Contractor and/or the City by material suppliers, Subcontractors, other
governmental agencies, and private property owners. Until these Stop Payment
Notices are released -and claims are resolved the stop payment/claim amount will be
withheld from the final payment.
The Contractor, however, may receive interest on the retention for the length of
construction, or receive the retention itself as long as the retention is substituted with
escrow holder surety or equal value.
At the request and expense of the Contractor, surety equivalent to the retention may
be deposited with the State Treasurer, or a State or Federally chartered bank, as the
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Agreement No. 6105
escrow agent, who will pay such surety to the Contractor upon satisfactory
completion of the Contract.
Pursuant to PCC § 22300, the Contractor may substitute securities for retention
monies held by the City or request that the City place such monies into an escrow
account. The Contractor is notified, pursuant to PCC § 22300, that any such election
will be at the Contractor's own expense and will include costs incurred by the City
to accommodate the Contractor's request.
Progress payment paid by the City as contemplated herein, will be contingent upon
the Contractor submitting, in addition to any additional documents, an updated
Contract Schedule in the form prescribed by these Contract Documents. Failure of
the Contractor to submit an acceptable updated Contract Schedule will result in the
City withholding partial payment, without liability to the City, until such an
acceptable updated Contract Schedule is submitted. Nothing herein will allow the
Contractor to suspend or slow progress of the Work.
A City Council resolution established a Project Payment Account, encumbered
money in the current budget, and assigned that money to the Project Payment
Account which is the sole source of funds available for payment of the Contract Sum.
Contractor understands and agrees that Contractor will be paid only from this special
fund and if for any reason this fund is not sufficient to pay Contractor, Contractor
will not be entitled to payment. The availability of money in this fund, and City's
ability to draw from this fund, are conditions precedent to City's obligation to make
payments to Contractor.
9-3.3 DELIVERED MATERIALS
Materials and equipment delivered or stored, but not incorporated into the work, will
not be approved for progress payments.
100-1 TERMINATION OF AGENCY LIABILITY
Before receiving final payment, the Contractor will execute a "Release on Contract"
form which will operate as, and will be a release to the City, the City Council, and
each member of the City Council and their agencies, from all claims and liability to
the Contractor for anything done or furnished for, or relating to, the work or for any
act of neglect of the City of any person relating to or affecting the work, except the
claim against the City for the remainder, if any there be, of the amounts kept or
retained as provided in Subsections 9-3 of the Standard Specifications and except for
any unsettled claims listed on said form which have been filed in compliance with
the requirements for making claims.
- END OF SECTION -
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Agreement No. 6105
SECTION III — SPECIAL PROVISIONS
1. SCOPE OF WORK
The City intends to hire a single Contractor for this service. The selected Contractor
must be able to demonstrate that it has the personnel, materials, equipment, labor,
transportation, machinery, tools, and all other consumables and incidentals necessary
for the completion of work, including traffic control, when necessary. The City will
provide the selected Contractor with all related maps and other useful data associated
with the City's Fiber Optic, Sewer Force Main and Potable Water substructure utility.
Utility investigation/locating and as -built data management shall be conducted in a
competent manner and comply with industry methods and practices, applicable laws
including California State Law, regulations and ordinances. The selected Contractor
shall be capable of providing the following specific services:
• Designating — determine the existing and horizontal location of underground
fiber optic, sewer and water utilities within the City using proper
instrumentation.
• Locating — excavating test holes using vacuum excavation or comparable non-
destructive equipment at critical points along the subsurface utility's path,
exposing the utility and thereby allowing precise measurement of vertical and
horizontal position.
• As -built Data Management — assembling and presenting designating and
locating information in a format compatible with the City's Public Works
Department. The City's current systems are Autocad 2013, Adobe Acrobat and
ArcGIS.
• Obtaining Permits — obtain all necessary permits from City, County, Railroad
or other entity to allow the contractor to work on the existing streets, roads, and
private property for the purpose of marking, measuring, and recording the
location of the existing underground fiber optic, sewer and water utilities.
The work to be done shall be in compliance with the Specifications, and Contract
Documents, in the City of El Segundo, California.
The duration of the services will be for 120 working days as outlined in an agreement.
1.1 DESIGNATING
For the purpose of this specifications, "designate" means to indicate the presence and
horizontal location of underground utilities using geophysical prospecting techniques,
including electromagnetic, magnetic, sonic, or other energy fields.
The Contractor shall:
* Obtain all necessary permits from City, County, Railroad or other entity to
allow the Contractor to work on existing streets, roads, and private property for
the purpose of marking, measuring, and recording the location of the existing
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Agreement No. 6105
underground fiber optic, sewer and water utilities.
• Coordinate with City staff in researching the location(s) of existing utilities.
Secure all "as -built" plans and other necessary data as supplied by the City.
Designate, record, and mark the horizontal location of existing underground
utilities and their major laterals to existing buildings. Utility designations shall
be returned to the City in a digital format compatible with the City's CADD
systems (AutoCad 2013). All survey work will be the responsibility of the
Contractor. Horizontal surveying of underground utilities shall be accurate to
applicable survey standards.
• Determine and inform the City of the approximate depth of all existing utilities
as determined by subsurface utility designating techniques when readings
appear valid. This depth indication is understood by both the Contractor and
the City to be approximate only and is not intended to be used in the final
design.
• Provide all maintenance and traffic control to perform the work.
• Obtain necessary encroachment permits for the purposes of traffic control and
possible lane closures prior to initiating any field surveys or test holes.
• Provide all necessary equipment and support personnel, including surveying
capability, to secure the data outlined in this specifications.
• All completed designating services shall be certified by an official of the
Contractor on the plans or as directed by the City. The Contractor shall be
responsible for the accuracy of all the information presented to the City.
1.2 LOCATING
For the purpose of this specifications, "locate" means to obtain precise horizontal and
vertical position of the utility line by excavating a test hole. The test holes shall be
done using vacuum excavation or comparable nondestructive equipment in a manner
as to cause no damage to the utility line. After excavating a test hole, the Contractor
shall perform a field survey to determine the exact location and position of the utility
line.
The Contractor shall:
• Obtain plans furnished by the City showing areas requiring location (test hole)
sites within the project limits. Recommend changes to the City's location plan
as necessary. Obtain other utility company records as necessary.
• Obtain all necessary permits from City, County, Railroad or other entity to
allow the Contractor to work on existing streets, roads, and private property for
the purpose of marking, measuring, and recording the location of existing
underground utilities.
• Call Dig Alert prior to any excavation.
• Coordinate with utility company inspectors as necessary.
• Neatly cut and remove existing paving with the cut area not to exceed 225
square inches (0.14 square meters). Excavate using a method enabling vertical
and horizontal exploration through this cut.
• Excavate test holes in such a manner as to prevent any damage to wrappings,
coatings, or other protective coverings, such as vacuum excavation, hand
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Agreement No. 6105
digging, etc.
• Contractor is responsible for any damage to the utility during excavation.
• Backfill with approved material around utility structure.
• Furnish, install, and color code a permanent above ground marker (i.e. nail,
peg, steel pin, or hub) directly above the centerline of the structure and record
the elevation of the marker.
• Provide a permanent restoration of the pavement within the limits of the
original cut at the time of backfill. If test hole is excavated in an area other than
the roadway pavement, the area disturbed shall be restored to equal or better
than the condition before excavation.
• Provide all maintenance and traffic control to perform the work.
• Obtain necessary encroachment permits for the purposes of traffic control and
possible lane closures prior to initiating any field surveys or test holes.
• Provide complete cleanup of work site to equal or better than its pre -
excavation.
• Tie all vertical elevations to a minimum of two checked benchmarks or
available datum. The accuracy of these turns shall be in accordance with
established surveying practices. Utility locations shall be returned to the City in
a digital formal compatible with the City's CADD systems (AutoCad 2013).
• Provide the following test hole information on a certification form to the City:
o Elevation of top and/or bottom of utility tied to datum of the furnished
plan.
o Elevation of existing grade over utility test hole.
o Horizontal location referenced to project coordinate datum. The
Contractor shall perform all required survey work.
o Outside diameter of pipe or width of duct banks and configuration of
non -encased multiconduit systems.
o Utility structure material compositions and condition.
o Identification of benchmarks used to determine elevations
o Elevations shall have an accuracy of +/- 0.05 ft
• Close out permits as required
• Maintain the quality of the permanent pavement restoration for 1 year.
• All completed locating services shall be certified by an official of the
Contractor on the plans or as directed by the City. The Contractor shall be
responsible for the accuracy of all information presented to the City.
1.3 DATA MANAGEMENT
Data management involve assembling and presenting designating and locating
information in a format compatible with the City of El Segundo's Public Works
Department's CADD systems (Autocad 2013) for use by the Department's staff or the
Department's designated consultant.
2. LOCATION OF WORK
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Agreement No. 6105
Various locations throughout the City. See the Fiber Optic Infrastructure Map in the
Appendix.
3. 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
Start of work,
Elias Sassoon, Director of Public Works
310-524-2356
shutdown of work,
Arianne Bola, Project Manager
310-524-2364
or resumption of work
Austreberto Moreno, Street Supervisor
310-524-2899
after shutdown
Closing of streets
El Segundo Police Department**
310-524-2200
El Segundo Fire Department**
310-524-2236
Street striping Street Maintenance Division 310-524-2709
Water/Sewer/Storm Drain Damian Vos / Ron Campbell / Ron Fajardo 310-524-2742
** 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/Wastewater Division 310-524-2742
3. City of El Segundo - Recreation and Parks 310-524-2707
4. Southern California Gas Company 310-671-9002
5. Southern California Edison Company (SCE) 310-417-3366
6. Pacific Bell 310-515-4430
7. Time Warner Communication (Cable)
8. Los Angeles County Sanitation District
9. El Segundo Unified School District
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310-768-0400 Extension 414
310-699-7411
310-615-2650
Agreement No. 6105
4. MOBILIZATION
Mobilization shall conform to the provisions of Section 9-3.4 of the Greenbook. The
scope of work under mobilization includes but is not limited to:
a. Obtaining and paying for all required bonds, insurance, permits, and licenses
b. Moving on to the site of all Contractor's equipment required for operations
c. Installing and removing of all temporary facilities required for operations.
d. Posting all OSHA required notices
e. Submittal of Construction Schedule, Contractor Contact List, and Notices to City
staff for City approval
f. Notification of City staff, residents, businesses, and motorists, including temporary
warning and safety signage where construction is occurring. Notification shall be
furnished by Contractor and shall be distributed seventy-two (72) hours prior to work
in that area.
g. Re -notification of all affected parties for all construction schedule changes.
h. Traffic control as required per W.A.T.C.H. manual or approved traffic control plans.
i. Coordination with utility agencies, street sweeper, and waste hauler to avoid conflicts
during project activities.
j. Restoration, to existing standard conditions or better, of public property damaged
during construction
k. NPDES permit compliance
1. Bringing unforeseen field conditions to City staff s attention in a timely manner.
in. Demobilization
Mobilization cost must be included in the prices of various bid items in the
proposal. No separate compensation will be allowed therefore.
5. TRAFFIC CONTROL
Traffic control, construction signing and traffic maintenance shall comply with the
provisions of Sub -section 7-10 of the Greenbook and the current requirements set
forth in the California Manual on Uniform Traffic Control Devices published by the
Department of Transportation, State of California, the Contractor's Traffic Control
Plans and these Special Provisions.
6. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING
REQUIREMENTS
The Contractor shall divert all Construction and Demolition (C&D) waste generated
from the project in accordance with the California Green (CALGreen) Building
Standards Code (pursuant to El Segundo Municipal Code, Title 13, Chapter 11). C&D
waste can only be legally collected, removed, or transported by City of El Segundo
permitted waste haulers. If the Contractor plans on collecting, removing, or
transporting its own waste, approval from the City Engineer or designee is required.
Failure to meet the C&D waste recycling requirements will result in the assessment
of penalties pursuant to El Segundo Municipal Code.
Contractor shall prepare a C&D Debris Management Plan as follows:
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Agreement No. 6105
PART GENERAL
1.1 SUMMARY
A. This Section includes the following: procedures for ensuring optimal diversion
of construction and demolition (C&D) waste materials generated by the Work
within the limits of the Construction Schedule and Contract Sum.
1. The Integrated Solid Waste Management Act of 1989 ("AB 939"), requires
that localities throughout the state develop source reduction, reuse, recycling,
and composting programs to reduce the tonnage of solid waste disposed in
landfills by 50%; this requirement may increase in the future. C&D waste
materials generated by the Work are targeted to achieve these diversion rates.
2. A minimum of 50% by weight of the solid wastes generated in the Work
shall be diverted from landfill disposal through a combination of reuse,
recycling, and composting activities.
3. This section includes requirements for submittal of C&D Debris
Management Plan prior to the commencement of the Work, and during the
project, submittal of Contractor's quantitative reports for construction and
demolition waste materials generated by the Contractor as a condition of
approval of progress payments submitted to the Contracting Officer, and
following completion of the project, as a condition of the release of final
project retention.
1.2 DEFINITIONS
A. Class III Landfill. A landfill that accepts non -hazardous waste such as
household, commercial, and industrial waste, resulting from construction,
remodeling, repair, and demolition operations. A Class III landfill must have a
solid waste facilities permit from the California Department of Resources
Recycling and Recovery (CalRecycle) and be regulated by the Enforcement
Agency.
B. Construction and Demolition Debris or C&D Debris. Building materials and
solid waste resulting from construction, remodeling, repair, cleanup, or
demolition operations that are not hazardous as defined in California Code of
Regulations, Title 22, Section 66261.3 et seq. This term includes, but is not
limited to, asphalt, concrete, Portland cement, brick, lumber, gypsum
wallboard, cardboard and other associated packaging, roofing material, ceramic
tile, carpeting, plastic pipe, and steel. The debris may be commingled with
rock, soil, tree stumps, and other vegetative matter resulting from land clearing
and landscaping for construction or land development projects.
C. Contracting Officer. The City of El Segundo City Engineer or designee.
D. C&D Recycling Center. A facility that receives only C&D material that has
been separated for reuse prior to receipt, in which the residual (disposed)
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Agreement No. 6105
amount of waste in the material is less than 10% of the amount separated for
reuse or recycling, by weight.
E. Disposal. Final deposition of C&D or inert debris into land, including
stockpiling onto land of construction and demolition debris that has not been
sorted for further processing or resale, if such stockpiling is for a period of time
greater than 30 days; and construction and demolition debris that has been
sorted for further processing or resale, if such stockpiling is for a period of time
greater than one year, or stockpiling onto land of inert debris that is for a
period of time greater than one year.
F. Diversion or Divert. The reuse or recycling of construction and demolition
debris to avoid disposal in a landfill.
G. Enforcement Agency (EA). Enforcement agency as defined in Public
Resources Code 40130.
H. Inert Disposal Facility or Inert Waste Landfill. A disposal facility that accepts
only inert waste such as soil and rock, fully cured asphalt paving,
uncontaminated concrete (including fiberglass or steel reinforcing rods
embedded in the concrete), brick, glass, and ceramics, for land disposal.
I. Inert Solids or Inert Waste. Non -liquid solid wastes including, but not limited
to, soil and concrete that do not contain hazardous waste or soluble pollutants
at concentrations in excess of water quality objectives established by a regional
Water Board pursuant to Division 7 (Sections 13000 et seq) of the California
Water Code and does not contain significant quantities of decomposable solid
resources.
Mixed C&D Debris. Loads that include commingled recyclable and non -
recyclable C&D debris generated at the construction site.
K. Mixed Debris Recycling Facility. A processing facility that accepts loads of
solid waste and/or recycling materials for the purpose of recovering reusable,
recyclable, and compostable materials and disposing the non -recyclable
residual materials.
L. Recycling. The process of sorting, cleansing, treating and reconstituting
materials for the purpose of using the altered form in the manufacture of a
new product. Recycling does not include burning, incinerating or thermally
destroying solid waste.
M. Reuse. The use of a material that might otherwise be discarded, in the same
or similar form as it was produced.
N. Separated for Reuse. Materials, including commingled recyclables, that have
been separated or kept separate from the solid waste stream for the purpose of
additional sorting or processing of those materials for reuse or recycling in
order to return them to the economic mainstream in the form of raw material
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Agreement No. 6105
for new, reused, or reconstituted products which meet the quality standards
necessary to be used in the marketplace, and includes materials that have been
"source separated."
O. Solid Waste. Refer to Public Resources Code Section 40191.
P. Source -Separated. Materials, including commingled recyclables, that have
been separated or kept separate from the solid waste stream at the point of
generation, for the purpose of additional sorting or processing of those
materials for reuse or recycling in order to return them to the economic
mainstream in the form of raw materials for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the
marketplace.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
3.1 SALVAGE, REUSE, RECYCLING AND PROCEDURES
A. Identify reuse, salvage, and recycling facilities: Refer to the City's website for
a list of local organizations and companies.
Nett s://wvw.elseua��da'.sr've�cracrut/de�rtets�";�bl�c-crl/trash-
rec ci
B. Develop and implement procedures to reuse, salvage, and recycle new
construction and excavation materials, based on the Contract Documents, the
C&D Debris Waste Management Plan, estimated quantities of available
materials, and availability of recycling facilities. Procedures may include on -
site recycling, source separated recycling, and/or mixed debris recycling
efforts.
1. Identify materials that are feasible for salvage, determine requirements for
site storage, and transportation of materials to a salvage facility.
2. Explore the possibility of reusing project job -site inert materials, such as
rock, concrete, dirt and aggregate, on -site for road base or other similar uses.
3. Source separate new construction, excavation and demolition materials
including, but not limited to the following types:
a. Asphalt
b. Concrete, concrete block, slump stone (decorative concrete block), and
rocks.
c. Red Clay Brick
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Agreement No. 6105
d. Soils
e. Other materials, as appropriate, such as wood and corrugated cardboard.
4. Develop and implement a program to transport loads of mixed
(commingled) new construction materials that cannot be feasibly source -
separated to a mixed materials recycling facility.
5. Contractor may develop their own C&D Debris Management Plan based on
CALGreen requirements or use available City forms as follows:
a. Form PW-A — Project Information
b. Form PW-B — Pre -Project Worksheet
c. Form PW-B1 — Pre -Project Worksheet (This form is to be completed
only if you plan to use your own company -owned bins/trucks for
disposition of material.)
d. Form PW-C — Post -Project Summary
e. Form PW-D -- Exemption Request — only use if it is infeasible to comply
with requirements.
3.2 DISPOSAL OPERATIONS AND WASTE HAULING
A. Legally transport and dispose of materials that cannot be delivered to a source -
separated or mixed recycling facility to a transfer station or disposal facility
that can legally accept the materials for the purpose of disposal.
B. Use a permitted waste hauler or Contractor's trucking services and personnel.
To confirm valid permitted status of waste haulers, visit the City of El Segundo
website:
litt s:/lwvw w.eflse gundo.ot-Lr/;rover,timewit/depart��n�r� t /:��" l["`l�ks/t"`asb-
rec cling
C. Become familiar with the conditions for acceptance of new construction,
excavation and demolition materials at recycling facilities, prior to delivering
materials.
D. Legally transport and deliver to facilities that can legally accept new
construction, excavation and demolition materials for purpose of re -use,
recycling, or composting.
E. Do not burn, bury or otherwise dispose of solid waste on the project job -site.
3.3 REUSE AND DONATION OPTIONS
III-A-9
Agreement No. 6105
A. Implement a reuse program to the greatest extent feasible. Options for reuse
may include, but are not limited to:
1. Los Angeles County Materials Exchange (LACOMax) LACoMAX is a free
service provided by the Los Angeles County Department of Public Works,
Environmental Programs Division, designed to help residents, businesses, and
organizations in Los Angeles County find markets for their industrial by-
products, surplus materials, and other would-be discards. All exchanges are
coordinated between the parties. The site can be accessed at
L1tt1L,/Lvww.lad12wL'r /) lacy �11.ax.
2. California Materials Exchange (CalMAX) is a free service provided by the
State of California, Department of Resources Recycling and Recovery
(CalRecycle) that connects businesses, organizations, manufacturers, schools,
and individuals with online resources for exchanging materials. The site can be
accessed at wwwvca,ireevele.(,"av-ov/CaINIAX.
3. Habitat for Humanity ReStore resale outlets accept donated home
improvement goods like furniture, home accessories, building materials and
appliances. The materials are sold to the general public. The proceeds help
local Habitat affiliates fund the construction of Habitat homes within their
communities. Locations of ReStores can be found at:v,=v.l�abt<t.or�r sores.
3.4 REVENUE
A. Revenues or other savings obtained from recycled, re -used, or salvaged
materials shall accrue to Contractor unless otherwise noted in the Contract
Documents.
7. PAYMENT FOR ITEMS
In addition to the General Provisions, the following bid items are included in the Bid
Form for providing a method of payment, and the work included in each item is
described as follows:
Payment for Bid Item I (Mobilization/Demobilization)
Measurement for payment of this item shall be billed on a percentage completed basis
and shall include full compensation for all labor, equipment, tools, materials, and
incidentals needed for all work as described in the Special Provisions Section of these
Specifications.
Payment for Bid Item 2 (Locate City of El Segundo Fiber Optics Line)
Measurement for payment of this item shall be billed on a units -completed basis at the
unit price for the item. The unit price shall cover all work as described in the Special
Provisions Section of these Specifications, including cooperation with the utility agency
supervisors (ISD Supervisor), obtaining the required encroachment permits, traffic
control, land surveying, fiber optics utility locating practices, and surface restoration
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Agreement No. 6105
work associated with this item.
Payment for Bid Items 3 and 4 (Pothole Sewer Force Main and Water Main)
Measurement for payment of this item shall be billed on a units -completed basis at the
unit price for the item. The unit price shall cover all work as described in the Special
Provisions Section of these Specifications, including cooperation with the utility agency
supervisors (Water Supervisor and Waste Water Supervisor), obtaining the required
encroachment permits, traffic control, land surveying, utility locating practices, and
surface restoration work associated with this item.
Payment for Bid Item 5 (Prepare Fiber Optics As -built plans)
Measurement for payment of this item shall be billed on a lump sum basis at the unit
price for the item. The unit price shall cover all work as described in the Special
Provisions Section of these Specifications, including electronic data preparations (CAD
2013, ArcGIS and Adobe Acrobat versions of the project file). As -built plans shall show
both horizontal and vertical profile of the City's Fiber Optics utility, pipe material type
and size.
Payment for Bid Item 6 (Prepare pothole log)
Measurement for payment of this item shall be billed on a units -completed basis at the
unit price for the item. The unit price shall cover all work as described in the Special
Provisions Section of these Specifications, including electronic data preparations (excel
file). The pothole log shall include the distances of the utility from the street centerline,
curb face and nearest agreed datum (eg. Sewer center manhole), pipe material type and
size.
END OF SECTION
III-A-11
Agreement No. 6105
Appendix A
City of El Segundo
Vicinity Map
Agreement No. 6105
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Agreement No. 6105
Appendix B
City of El Segundo
Fiber Optics Utility Map
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Agreement No. 6105
Appendix C
City of El Segundo
Construction and Demolition Debris Waste
Management Plan (WMP) Form
Agreement No. 6105
PW INSTRUCTIONS
City of El Segundo
Public Works Department
(310) 524-2300
Construction and Demolition Debris Waste Management Plan (WMP)
PUBLIC WORKS PROJECTS (including MUNICIPAL ROAD CONSTRUCTION, OVERLAY,
SIDEWALK REPAIR OR LAND CLEARING PROJECTS)
INSTRUCTIONS
Pursuant to the California Green Building Code of 2016 (2016 CALGreen), the City of El Segundo requires
diversion (repurposed, reused, or recycled) of at least 65% of non -hazardous construction and demolition
(C&D) debris from Public Works projects.
A C&D Waste Management Plan must be submitted to the Public Works Department for municipal projects or
projects on public property. The contents of this packet, when completed, constitute a C&D Debris Waste
Management Plan (WMP). This packet is designed to track the amount of C&D debris diverted or disposed from
your City -related (i.e. Public Works) project.
If you believe your project cannot achieve the required diversion, you must complete and submit Form PW-D,
the EXEMPTION REQUEST form, to the City (i.e. your Project Manager) explaining the circumstances, and
requesting an exemption from the requirements.
Ste 1 Complete Forms PW-A and PW-B
Form PW-A is the PROJECT INFORMATION form. This form asks for basic project information, such as name,
type, description, location, and contractor contact information.
Form PW-B is the PRE -PROJECT WORKSHEET form. This form asks for estimated amounts of debris that
will be generated by the project.
C) t/on 1: If you are electing to contract with hauler(s) from the Authorized Hauler list who will handle
recycling compliance on your behalf, complete Form PW-B (short form).
Option If you will be handling all waste management activities (through direct hauling or use of own bins),
complete Form PW-B1. Estimate the weight of the C&D debris, by material type, that will be recycled, reused,
salvaged, disposed and/or transformed from your project.
You must complete either Form PW-B or PW-61.
Ste 2: Submit Forms to Public Works
Forms PW-A and PW-B (or PW-61) must be submitted to your Public Works Project Manager and approved
prior to commencing work.
Ste 3: Complete POST -PROJECT SUMMARY - FORM PW-C
At least 5 business days prior to contractor requesting release of final project retention, submit a completed
FORM PW-C to your Public Works Project Manager.
.....
*NOTE* A FACILITY INFO list showing nearby companies that accept C&D materials for recycling is included in this packet. This list
was developed to assist you in finding local facilities to use as an alternative to disposal. If you use a certified mixed C&D processing
facility„ your project will meet the diversion requirements,
There are authorized haulers that do business in El Segundo. The HAULER LIST showing companies that are authorized to collect
solid waste inEl Segundo is included in this packet. You must use one of these haulers if contracting for waste removal service.
For your convenience, there are electronic versions of the forms that will automatically calculate waste generation, aisposai,
and diversion based on the data entered.
Rev. 12/4/2020
Agreement No. WA7I PW_A
Project Name:
Contractor Name:
Mailing Address:
Ofc Phone No..
City of El Segundo
Public Works Department
(310) 524-2300
Date:
PW Project Manager:
PW Project Name:
FORM PW-A - PROJECT INFORMATION
Submit this form to the Public Works Department prior to commencing your project
for all munici al projects suWect to com liance or projects on gublic property.
Project Address / Location:
City / State / Zip:
Cell No:
Project Type: Mark appropriate box in each column with an "X":
Email:
Road (construction, overlay, repair)
Facility Improvement (renovation, alteration, or addition) USE FORMS PROVIDED BY EL SEGUNDOCOMMUNITY DEVELOPMENT DEPT
F7Land Clearing (trail, grading, etc.) -
7 Other
Estimated Project Start Date: Estimated Project End Date:
Request for Exemption: (If you are requesting an exemption, fill out Form PW-D: Exemption Request)
To the best of my knowledge, the above information is an accurate representation of the proposed project. I have been made aware of the 2016
CALGreen requirements and will comply with all requirements.
...........
Print Name Title Signature Date
Approved
LlFurther Explanation Needed
Reviewed By
- Anrroval Status
Denied
E] Exempt Due to Infeasibility
Date
Rev.12/4/2020 2
Agreement No. 6105
FORM PW-B
City of El Segundo Date:
L Public Works Department PW Project Manager:
(310) 524-2300 PW Project Name:
FORM PW-B - PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS
This forma must be coma feted' and approved or a de otdtiogn / building ennit will not be issued.
Instead of completing a detailed accounting of the types and quantities of C&D debris that will be generated from this
project (FORM PW-B1), you have the option to select one of El Segundo's authorized waste haulers. These haulers can
handle your project's debris in such a way as to comply with CALGreen standards.
If you elect this option, please specify which authorized hauler(s) and/or facility(ies) you will be using and sign the
acknowledgement below. El Segundo authorized hauler(s) and/or facility(ies) can be found on the City's website:
h s:/ivww.elseoundo.or / overnrnenVde ailments/ ybhc-worksd ra 1-rec ci'in
It is your responsibility to ensure that the hauler knows you are contracting for "C&D Recycling Service" so that the material is
properly handled and waste diverted. You need to obtain weight tickets from the hauler indicating the type and weight of the
material collected.
In order to comply with the requirements of the WMP, I will contract with the following hauler(s).-
Hauler:
I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or facilities which receive debris from
this project and that I will submit a Post -Project Summary (FORM PW-C) at least 5 business days grior to final lnsoectlon,
Print Name
Signature Date
Rev. 12/4/2020
Agreement No.FUR-B1
City of El Segundo Date:
Public Works Department PW Project Manager:
(310) 524-2300 PW Project Name:
FORM PW-B1 - PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS
[This form is to be completed only if you plan to use your own company -owned bins/trucks for disposition of material]
This form must P2 g2MQLe_te_dand gggroved or demob' i n I kyo_ingm l p2l be i sued.
In the table below, list estimated weight or cubic yards of debris that will be generated, recycled, reused, salvaged,
disposed, and/or transformed by this project. You must include all recyclers, salvage companies, recycle facilities,
mixed -use material recovery facilities, landfills, and/or transformation facilties that will be used for the project.
List of materials to be generated from the project:
ex.
mood, metal concrete, as halt, 1 ak cardboard. mixed C&D debris, etc..
TONS CUBIC YARDS Facilities to be Used
Re used/Salvaged/Donated
Ex.: Habitat for Humanity, Thirft Stores,
regrind onsite, reuse fixtures, reuse
dirt/concrete/asphalt
Recycled
A facility that accepts 100% recyclable
materials to be turned into other products.
Delivered to Mixed C&D Recycling
Facilties that recover some materials for
recycling
Disposed/Lan dfilled/Transformed
Transfer station, landfill, or SERRF
Generated (total of above)
I or my company elect not to use an authorized hauler because I or my company own containers (bins or roll -off boxes)
Initial Here and/or dump vehicles and will not be contracting for debris removal services.
I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or facilities
Initial Here which receive debris from this project and that I will submit a Post -Project Summary (FORM PW-C) at least �Wsiness
da s prior Ig hna_l#n ction,
Print Name Signature Date
Rev.12/4/2020 3-A
Agreement No. 6105
Form PW-C
City of El Segundo
j Public Works Department
(310) 524-2300
Project Name:
Contractor Name:
Project Number:
Form PW-C - Post Project Summa
Project Address:
Project Manager:
Date:
This form must be submitted to the Public Works Department at least 5 business days prior to project finalization. Provide facility name, material, and
total tonnage disposed and/or diverted. Documentation must be attached (i.e. weight tickets). If an approved mixed waste processing facility was
used, a report by the facility for this project is preferred. Return the completed form to the Public Works Department. You may use additional sheets
if necessary.
IV
If you used one of the City's authorized haulers or facilities, complete this section, then skip to the SIGNATURE section below.
I used to meet the recycling requirements. Weight tickets are attached.
(List haulers and/or facilities that were used)
1. FACILITIES
Please list all facilities (i.e. landfill and/or transformation, recycling/reuse/salvage, mixed C&D debris processing, materals recovery) used for this
FACILITY NAME
TONS DELIVERED
TONS DIVERTED
TONS DISPOSED
DIVERSION RATE
1
2
3
4
Other (reused on site)
TOTALS
)
( )
Please enter disposal and diversion totals for each item below, according to letter. Totals reported must match those listed in Section I:
TOTAL GENE TED (A) TOTAL DIVERTED =
(B) TOTAL DISPOSED =
(C)
OVERALL PROJECT DIVERSION RATE 0.00°/® %°
(B/A)`100
To the best of my knowledge, the above information is an accurate representation of the disposition of the construction and demolition materials
generated on the jobsite. I understand that the City of El Segundo may audit disposal and recycling documentation for this project.
Print Name
Signature
PW OFFICE USE ONLY
Diversion Requirement Met: = Yes No Exemption: = Yes No
Reviewed and Approved by: Date:
Rev. 12/4/2020
Agreement No. l#1rOM_D
Project Name:
Contractor Name:
Project Number:
City of El Segundo
Public Works Department
(310) 524-2300
Form PW-D - Exemption Request
Project Address:
Project Manager:
Date:
If it is infeasible for you to comply with all of the requirements set forth by the Construction and Demolition Debris Recycling Form and you are
requesting an infeasibilty exemption, please use the following space to explain why your project should be considered exempt from recycling
requirements.
PW OFFICE USE ONLY
Exemption Approved: Yes No
Reviewed by: Date:
Rev.12/4/2020
Agreement No. 6105
PROPOSAL
FOR THE
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
Date March 29 20_21
Company Name: T2 UES, Inc.
TO THE CITY OF EL SEGUNDO:
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned
BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals
required for the above stated project as set forth in the Plans, Specifications, and Contract
documents therefor, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans,
Specifications, Instructions to Bidders, and all other Contract documents. Submittal of this bid
shall be considered evidence that the BIDDER has satisfied himself regarding the Contract
documents, access and any other field conditions which may affect bid prices. If this proposal is
accepted for award, BIDDER agrees to enter into a Contract with the City of El Segundo at the
unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that
failure to enter into a Contract in the manner and time prescribed will result in forfeiture to the
City of El Segundo of the proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids, and that final
compensation under the Contract will be based upon the actual quantities of work satisfactorily
completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR
DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY
ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include
all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid,
unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S
default in executing the required Contract and filing the necessary bonds and insurance
certificates within ten working days after the date of the City of El Segundo's notice of award of
Contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature
by the Awardee, the proceeds of the security accompanying this bid shall become the property of
the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's
option, be considered null and void.
Agreement No. 6105
EQUAL E ,"I,OYMET
BIDDER certifies that in all previous Contracts or Subcontracts, all reports which may have been
due under the requirements of any agency, State, or Federal equal employment opportunity orders
have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDER certifies that affirmative action has been taken to seek out and consider minority business
enterprises for those portions of the work to be Subcontracted, and that such affirmative actions
have been fully documented, that said documentation is open to inspection, and that said
affirmative action will remain in effect for the life of any Contract awarded hereunder. Furthermore,
BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity
requirements of the Contract documents.
NONCOLLUMN T
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. 6105
BID SCHEDULE
UTILITY VERIFICATION AND INVESTIGATION SERVICES
PROJECT NO.: PW 20-16
T2 UES, Inc.
Company Name:
Base Bid Items
Unit Price
Item Total
Item
Description
Estimated
(in figures)
(in figures)
No.
Unit
Quantity
Dollars/Cents
Dols e R,... ...a�,
Dollars/Cents
._..
I
Mobilization/Demobilization
LS
1
$ 4, 5 0 0
$ 4, 5 0 0
2
_............._ ....
Locate City of El Segundo
LF
29,000
.............
$1 . 8 0
$ 5 2 , 2 0 0
Fiber Optics Lines
3
Pothole Sewer Force Main
Each
10
$1, 4 5 0
$14 , 5 0 0
4
Pothole Water Main
Each
10
$1, 4 5 0
$14 , 5 0 0
_. _
.a Fiber Optics As -
Prepare
....
._.............
......................
............. ...
built plans complete with
5
survey data (location —
L S
1
$ 5, 5 0 0
$ 5, 5 0 0
horizontal and vertical
location of the top of pipe's
centerline
Prepare pothole log
6
complete with survey data
Each
2
$ 7 5 0
$1, 5 0 0
for Sewer Force Main and
ater Force Main
92,700
TOTAL
BASE BID FOR ITEMS 1-6
IN FIGURES
= $.
________
TOTAL BASE BID FORITEMS 1-6 WRITTEN IN WORDS:
Ninety two thousand seven hundred dollars.
I-C-3a
Agreement No. 6105
BIDDER'S INFORMATION
Company Name:..
p y T2 UES, Inc.
.._ ..............
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) Delaware
T2 UES, Inc.
Business
5622 Research Dr., Suite A
Address
Beach,Huntington
Telephone No. 714.487.5782
714.793.1369
Facsimile No.
1062038
State Contractor's License No. and Class
Original Date Issued 01 / 0 7 / 2 0 2 0 Expiration Date 01 / 31 / 2 0 2 2
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and/or corporate officers having principal interest in this
proposal: Not applicable. Publicly traded company in Australia.
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
No
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
T2 Utility Engineers
I-C-4
Agreement No. 6105
BIDDER'S INFORMATION (CONTINUED)
: T2 UES, Inc.
Company Name
. . .. .......... -
Bidder shall list the name of the person who attended the mandatory pre -bid job walk:
Name: Matt Tomanek
Title:
I-C-5
Agreement No. 6105
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all a forenamed principals this—�:f day of Wf , 20 2/.
BIDDER
Subscribed and sworn to this — day of e. , 20 2(
NOTARY PL LI ":
I-C-6
_..
...................
GREG BUYSMAN
COMM # 2341449
ORANGE County
* California Notary Publi
"4(- Comm Exp Feb. 5, 202',r
Agreement No.
QV
Empower Results'
March 23, 2021
Elizabeth Turman / Matthew Tomanek
T2 UES, INC.
5622 Research Dr., Unit A
Huntington Beach, CA 92649
Re: CITY OF EL SEGUNDO
Project: Utility Investigation and Verification Services
Project No.: PW 20-16
Estimated Contract Price: $ 92,700.00
Bid Date: 3/30/2021
Surety: CHUBB GROUP OF INSURANCE COMPANIES
Dear Elizabeth Turman / Matthew Tomanek:
Enclosed please find the above captioned bid bond, executed per your request.
The bid bond must be signed by an authorized representative of your company, notarized and sealed with the corporate seal if applicable.
It is your responsibility to ensure the bid bond conforms with your needs and instructions to us, including but not limited to the correct
coverages and parties, and with any laws applicable to your operations and/or the contract requiring the bid bond, and to advise us
immediately, in writing, if the bid bond form so executed does not contain the proper information. Accordingly, it is incumbent upon you to
carefully review the bond, and we will expect that you will, double-check all information, including signatures, dates, amounts and job
descriptions for accuracy, and to verify that the bid bond form we executed is the form required by the specification. This will avoid the
possibility of having a low bid rejected because of a clerical error. We will also expect you to verify that anything unusual that has been
requested by the obligee is attached.
If, following your review of the bond, you do not advise us in writing of any problem or deficiency in its terms and information but submit the
bond as is, your submission will constitute your verification, and we will justifiably assume, that the bond form as issued is correct and
appropriate for the purpose for which it is being submitted. You further understand that we will have no liability for any deficiencies or
discrepancies not brought to our attention in accordance with this letter.
The bid bond authorization is based upon your original estimate. If the actual bid price exceeds this estimate by 10% or more, you must
contact us for additional authority!
Please call our office if you should have any questions or need any further assistance.
Good Luck on your Bid.
tiinc7ly, o
,
q G
,isa. Ward
Record #2806453
Your bid results are very important, please mail this information back to the address below, or email your Aon representative within 5 days of the bid
opening.
Contractors Name Contract Price
Where did you place _.. And your price $
If awarded contract, is final bond required? Yes ❑ No ❑
Aon Risk Services Southwest, Inc.
5555 San Felipe St., Suite 1500, Houston, TX 77056 • tel: 832-476-6000 • fax:
Agreement No. 6105
PROPOSAL GUARANTEE
BID BOND
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
KNOW ALL MEN BY THESE PRESENTS that,
T2 LIES, Inc. , as BIDDER, and
Federal Insurance Company , as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of Ten Percent of the Total Amount Bid-------------- DOLLARS
($ 10% TAB ), 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
23rd day of March , 20 21 .
T2 UES, Inc.
BIDDER* 5622 Research Dr., Unit A,,, iuntin ton Beach,. CA 92649
Federal Insurance Company
SURETY* 202B Hall"s Mill Road, VVhitehouse Station NJ
By:
Michael J. Herrod, Attorney -Id -Fact
SEE ATTACHED NOTARY" ACKNOWLEWSMENTS
Subscribed and sworn to this ZJ day of , 2002 .
714-487-5782
0
832-476-6000
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
CZ H U S B, Agreement No. 6105
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the
Commonwealth of Pennsylvania, do each hereby constitute and appoint Vanessa Dominguez, Melissa Fortier, Amanda George, Michael J. Herrod,
Terri L. Morrison, Andrea M. Penaloza, Gina A. Rodriguez, Lupe Tyler, Lisa A. Ward, Donna L. Williams and Misty Wright of Houston Texas -----------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 271 day ofAugust, 2020.
6-,k�z A)t�_ wv`
['burn M,(.',hlorcs,A,,si,,t,4niSLcivary
STATE OF NEW JERSEY
County ofHunterdon SS,
Stephen M. Haney, Vice President
On this 271h day ofAugust, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and
Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney,
being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and
know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and
that their signatures as such officers were duly affixed and subscribed by like authority.
Notarial Sea] KATHER NE J. AE)ELAAR
it NOTARY PUBLIC OF NEW JERSEY
No.2316605
lfpLtf Caawnission Expires July 18, 2(124
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment");
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the
sea] of the Company or otherwise,
(2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -
in -fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments ofthe
Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments,
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 23rd day of March, 2021.
NO Iffl-W, 1 2 � I ME -
Down M.Chloios. itssjstantsewn lwli
IN rHE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
L3L,`J(�' — �fj ----- —
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11 -19)
Agreement No. 6105
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 7�as
County of #?rris
On XglfC4 3i 2041
personally appeared _°`
who proved to me on
the basis of satisfactory evidence to be the pf'son(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.
bSignattar c-..A 9641111 .......... - - ----------- -
Sji ature of No Public
My Commission Expires: 02 - l7- 2 OZ 5
JENNIFER BOXLEY
Notary ID #13Z929278
My Commission Expires
`(ar February 17, 2025
Agreement No. 6105
Aon Risk Services Southwest, Inc. d/b/a Aon Risk Insurance Services Southwest, Inc.
CA LICENSE #0559715
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 Texas
County of C mal
On March 23 2021 before me, Lisa A. Ward Notary Public , personally appeared
Michael J. Herrod 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 I'' Ll
'
Signature of Notary Public
Lisa A. Ward
My Commission Expires: 7/27/2023
wp LISAA WARD
' NOTARY PUBLIC
STATE . E TEXAS
MY COMM. EXP. 07127123
� F g NOTARY ID 57Be -0
Agreement No. 6105
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
1. BIDDER'S Contractor's License Number is:
1062038 A
Class No.:.
2. The expiration date of BIDDER'S Contractor License is:
01/31
,2022
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 al, at
Title
Company Name
insert City and State where Declaration signed),.
I-C-8
Agreement No. 6105
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
) ss.
County of 0gAV )
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.
11f,11f)-moR
Sig,natufe
Matt T (nanek
Typed Name
Branch Manager
Title
I-C-9
T2 UES, Inc.
Name of Bidder/Company Name
-3 j a ,
.... �. .......... �.
Daf
GRoG BUYSMAN„
M M # 2341449
ORANGE County
California Notary Publi
Comm Exp Feb. 5, 2025
Agreement No. 6105
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
validit of that document.
State of California
County of
° a
On before me, �- c
(in +art nar - e and title of the officer)
personally appeared b 4- c
who proved to me on the basis of satisfactQry evidence to be the person( ) whose name(o is/Ire
subscribed to the within instrument and acknowledged to me that he/sVTtTy executed the same in
his/he/th it authorized capacity(ie and that by his/he�th it signature(o on the instrument the
person( or the entity upon behalrof which the person(I 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.
GREG BUYSMAN
taiu=
WITNESS my hand and official seal � COMM # 2341449
ORANGE County.
California Notary Publi'
"* Comm Exp Feb. 5, 2025;
Signature (Seal)
Agreement No. 6105
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: Branch Manager
Business Name: T2 UES, Inc.
5622 Research Dr., Ste A
Business Address:
Huntington Beach, CA 92649
Telephone Number:714
7. 5 7 8 2
Dated this 29 day of March , 2021 .
I-C-10
Agreement No. 6105
BIDDER'S CERTIFICATION OF SUBCONTRACTORS
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: 20-16
T2 UES, Inc.
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.
LName
Subcontractors De ' scription ofContractor License Portion of
f No. & DIR Work Estimatedtor Address Registration No. Subcontracted $ Amount
2 08 Oregon Ct HCSLB #.,.. . 0���,������������
(Number and Street) ( ) Survey $12, 000
New York y g
Geomatics— .......... _ ..........................
(City, Zip Code) (DIR#)
Torrance, CA 90503 C3921937
-------------------
(Ma opi of this p if additional space is eed1d),
I r�
rq
Signature of Bidder Datb
I-C-11
Agreement No. 6105
REFERENCES
T2 UES, Inc.
Company Name:
The following are the names, addresses, and telephone numbers for public agencies for which
BIDDER has performed similar work as the prime Contractor or major Subcontractor within
the past five (5) years:
1. Project Title: ..........__
ices
As -Needed ExploratorySubsurface Excavation Services
Location: Los Angeles County
Los Angeles County Department of Public Works, 900 S. Freemont Ave.
Alhambra, CA 91803
Name and address of owner
Daryll Chenoweth 626.458.3161
Name and current telephone number of person familiar with project
Type of Work; Utility designating and potholing
5,000,000 Ongoing
Contract amount: $ ..., ..__ _ Date completed:
Amount of work done by my/our firm under Contract $ 450,000
Did your firm have any financial interest in Project? No
LACCD Distrl.ct-wide Energy Efficiency and Utility Infra-
2. Project Title: structure Project
Los Angeles Community College Campuses (11 total)
Location:
Los Angeles Community Coilege DisTrict, orpora e en er Dr.,
Monterey Park, CA 91754
Name and address of owner
Johnson Nee 323.980.2625
Name and current telephone number of person familiar with project
Type of Work;
Utility mapping, survey, condition assessment, potholing
Contract amount: $ 12, 600,000 Date completed: July 2020
y y 12,600,000
Amount of work done b m /our firm under Contract $ � .._.,.,m..........,_,_.
Did your firm have any financial interest in Project? No
I-C-12
Agreement No. 6105
OCSD Project 3-64, Rehabilitation of Western Regional Sewers
3. Project Title:
Location: Seal Beach, Los Alamitos, Cypress, Anaheim, La Palma, CA
AECOM, 300 S. Grand Ave., Suite 800, Los Angeles, CA 90071
Name and address of owner
Joseph Marcos 213.593.8100
Name and current telephone number of person familiar with project
Type of Work: Utility Mapping, Survey, Potholing
Contract amount: $ ...2,615,479 Date completed: 1. Ongoing . ............
. . . .....
Amount of work done by my/our firm under Contract $ 1,241,000
. ..............
No
Did your firm have any financial interest in Project? ................ .......... . . . . . .......
4. Project Title.. Underground Utility Investigation and Locating Services
Location: Port of Long Beach
Port of Long Beach, 415 W. ocean Blvd., Long Beach, CA 90802
Name and address of owner
Miguel Hernandez 562.972.8920
Name and current telephone number of person familiar with project:
Type of Work: Utility mapping, survey, potholing
3,000,000 Jan 2019
Contract amount: $..., ........
Date completed:.
Amount of work done by my/our firm under Contract $ $1,300,000
. ................. . ......
Did your firm have any financial interest in Project? No
____ . . .........
I-C- 13
Agreement No. 6105
Grid Assets Subsurface Utility Engineering Services
5. Project Title:
Location: Sacramento, CA
Sacramento Municipal Utility District, 6201 S Street, Sacramento,
CA 95852
Name and address of owner
Linda Giovannoni 916.732.6523
Name and current telephone number of person familiar with project:
Type of Work: Utility mapping, potholing
3,000,000 Ongoing
Contract amount: wwwwwwwwwwwwww_Date completed: wwwwwwwwwwwwww
Amount of work done by my/our firm under Contract $ 460,800 . . ..................
Did your firm have any financial interest in Project?... No
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
AON Risk Services Southwest, Inc.
........................ ... . ...................... . . . .. .......
..............
Lisa Ward lisa.ward@aon.com 512.241.2114
I-C-14
Agreement No. 6105
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
UTILITY INVESTIGATION AND VERIFICATION SERVICES
PROJECT NO.: PW 20-16
T2 UES, Inc.
Company Name: mmmm_,
Please state all instances of being disqualified, removed, or otherwise prevented from
bidding on, or completing, a federal, state, or local government project due to a violation of a
law or safety regulation.
l , Have you ever been disqualified from any government Contract?
Yes ❑ No El
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
Matt Tomanek
Na....... �.
me (Please Print)
I-C-15
Agreement No. 6105
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
UTILITY INVESTIGATION AND VERIFICATION
SERVICES
PROJECT NO.: PW 20-16
Company Name: _.... .T2 UES, Inc..
To be awarded this Contract, the successful bidder must procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG
00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per
occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability
policies must be endorsed to name the City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on
ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 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 c triply with these
insurance requirements if it is selected as the City's consultant. Failure I rovide i s insurance will
render the bidder's proposal "nonresponsive."
March 29,2021
_.....m _ ... ......
Date Bidder's Signature
I-C-16
Agreement No. 6105
Bond No. K40233441
FAITHFUL PERFORMANCE BOND
UTILITY VERIFICATION AND INVESTIGATION SERVICES
PROJECT NO.: PW 20-16
Bond No.
Bond Fee;
T2 UES Inc. ("PRINCIPAL")
and Federal Insurance Company , a corporation
incorporated under the laws of the State of Indiana 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 Ni nett' Two "l liot1sand,
Seven hundred Dollars ($92,700.00) 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 20-16, 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 20-16, a copy of which is on file with CITY's Engineering
Division ("Public Project"). Such performance will be in accordance with CITY's plans and
profiles (CITY DRAWING FILE NO. PW 20-16) which are made a part of this bond when
said plans and profiles are approved by the City Council and filed with CITY's Engineering
Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
I-E-1
Agreement No. 6105
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 20-16 or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following two (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing
this bond to do so;
B. A certificate issued by the county clerk for the county in which
SURETY's representative is located conforming with California
Code of Civil Procedure § 995.640 and stating that SURETY's
certificate of authority has not been surrendered, revoked,
cancelled, annulled, or suspended, or in the event that it has, that
renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I-E-2
Agreement No. 6105
SIGNED AND SEALED this 21 st day of
T2 UES, Inc.
PRINCIPAL
June IT 20 21
Federal InsurEpce gompany
SURETY's " Attorney-ln-Fact
Micp,el J. F4err
PR CIPAL's I : SURETY's WERWARY Witndts ego Surety
Vanessa Dominguez
PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS:
T2 UES, Inc. Federal Insurance Company
2B Hall's Mill Road
5622 Research Dr., Suite A 20 �............- ......
Huntington Beach, CA ... 92649 ,Whitehouse Station, NJ 08889
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
I-E-3
Agreement No. 6105
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 Ii.�a6-1 ,_
County of 4u4
On JWX .47.0,Z before me,Ca-...�...»
personally a a eared G-4�
p y 1 p � � �, e . , 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
ignature of Notary Public
My Commission Expires. 412
Is=26,
No9Myes S
Agreement No. 6105
Aon Risk Services Southwest, Inc. d/b/a Aon Risk Insurance Services Southwest, Inc.
CA LICENSE #0559715
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 Texas
County of
Coma]
On .tune 21 , 2021 before me, Visa A. Ward, Notary Public personally appeared
Michael J. Herrod 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.
m
Signature
Signature of Notary Public
g rY
Lisa A. Ward
My Commission Expires: 7/27/2023
LISA A. WARD
NOTARY PUBLIC
STATE . E TEXAS
�r� �.� MY COMM. EXP. 07/27/23
�" NOTARY ID 578864-0
Agreement No. 6105
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations ofthe Commonwealth of Pennsylvania,
do each hereby constitute and appoint Vanessa Dominguez, Amanda George, Michael J. Herrod, Terri L. Morrison, Andrea M. Penaloza, Gina A. Rodriguez,
Lupe Tyler, Lisa A. Ward, Donna L. Williams and Misty Wright of Houston Texas-----------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver far and on their behalf as suretythereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 12fl, day of April, 2021.
I wn 41. i'hlrarrxs. Acri ulnt Secretary Step lien kt I kiney, Vice 11rkn;ilentt
STATE OF NEW JERSEY
County of Hunterdon SS,
On this 12th day of April, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
Notarial Seal KATHERINE J. ADELAAR
i J NOTARY PUBLIC OF NEW JERSEY
No.2316565
1JB 1 ComMisalon Expires July 16, 2024 Makfµ Public
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal
of the Company or otherwise,.
(2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise,
to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in -
fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company
as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments..
(S) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall notlimit or otherwise affect the exercise of any such power or authority otherwise validly granted orvested."
1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies') do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(h) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this
1st day of 2021.June,
s f MATTER PLEASE CONTACT US AT:
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Combined: FED-VIG-PI-WFIC-AAIC (rev.. 11-19)
Agreement No. 6105
Bond No. K40233441
LABOR AND MATERIALS BOND
UTILITY VERIFICATION AND INVESTIGATION SERVICES
PROJECT NO.: PW 20-16
Bond No.
Bond Fee:
T21.. ES, Inc. 1 as principal
("PRINCIPAL") and Federal Insurance Company .... ._.... _ , a
corporation
incorporated under the laws of the State of lndiana 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 Ninet "l"
Thousand, Seven Hundred Dollars as ($92,700.00) , lawful money ofthe 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 UTILITY VERIFICATION
AND INVESTIGATION SERVICES, SPECIFICATIONS NO. PW 20-16 ("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 20-16, and the public works contract executed for such
Specifications, copies of which is on file with CITY's Engineering Division ("Public Project").
Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING
FILE NO. PW 20-16), 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
I-F-1
Agreement No. 6105
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 20-16, or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I-F-2
Agreement No. 6105
SIGNED AND SEALED this 21st day of June , 2021
T2 UES, Inc. Federal Insurance Compa
PRINCIP
I
W 4%:..
PRINCIPAL'S MAILING ADDRESS:
s Aftbrney-Im-Fact
J. Hod r
SURETY's SXIKX)0V4MWitne0as0b Surety
Vanessa Dominguez
SURETY'S MAILING ADDRESS:
T2 UES Inc. Federal Insurance Com an
5622 Research Dr., Suite A 202E Hall's Mill Road
ntin tpn Beach CA 2649 Whitehou t tin. iVJ 0$88�.
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job
I-F-3
Agreement No. 6105
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
County of
On JIA.Y12
�.�before me,...._. ........
�.W...,�
personally appeared _�mmmm who proved tome 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
ig,oaftire of Notary Public
My Commission Expires: 0gj2612024
CYNTHIA MILLER
` Notary ID #130836559
"o c MSept September Expires
Agreement No. 6105
Aon Risk Services Southwest, Inc. d/b/a Aon Risk Insurance Services Southwest, Inc.
CA LICENSE #0559715
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 Texas
County of Comal
On June 21 2021 before me, Lisa A. Ward ,_.... Notary Public , personally appeared
Michael J. Herrod who proved tome 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.
r
Signature "/'V'
Signature of Notary Public
Lisa A. Ward
My Commission Expires: 7/27/2023
FD
LISA A. WARD
ONOTARY PUBLIC
STATE OF TEXAS
IMY COMM. EXP. 07/27/23
NOTARY I D 578864-0
Agreement No. 6105
cH
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations ofthe Commonwealth of Pennsylvania,
do each hereby constitute and appoint Vanessa Dominguez, Amanda George, Michael J. Herrod, Terri L. Morrison, Andrea M. Penaloza, Gina A. Rodriguez,
Lupe Tyler, Lisa A. Ward, Donna L. Williams and Misty Wright of Houston Texas-----------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 12N day of April, 2021.
IkIwn M. Chloros. A sisulnl Secret,," Stephen M.11aney, Vine President.
_ one a
r
STATE OF NEW JERSEY
County of Hunterdon ss.
On this 12w day of April, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, tome known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
Notarial Seal KATHERINE J. AOELAAR
+i t NOTARY PUBLIC OF NEW JERSEY
too. 2aleass
Cor1r&nl3slon Expires Juty 16, 2024 Notary PuMl[
E7 »�
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course ofbusiness (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal
ofthe Company or otherwise.
(2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe Company or otherwise,
to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact.
(3) Each of the Chairman, the Presido�nt and the Vice Presidents of the Company is hereby authorized, for and on behall'oftlue Company, to appWfit in writing any person the attoa ney-fn^-
fact of the Coinpany with full power and authority to execute, for and on behalfrifthe Company, under the 50,1E of the Company or otherwise, such Written Coinnnfkmeuasofthe company
'
as may be specified in such written appointment, which specification may be by genent type or class of Written Cominkmenu or by speciflraOon of one or more par0cular Wrhten
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf ofthe Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments ofthe Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Conaankments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation,
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive state.memt of the powers and aut:hot`Et'y of offiew,rs, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or anthority otherww6v validly grained orvestedl."
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies '� do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 21 st day of June, 2021.
Ltifwn K Chlorm, Assistant Secrer,01
IN THE EVENTYOU WESf4'l'O VERtlF"Y'rIGEAUTHENTICITY OFT R r ""' " HIS BOND OR NCY'Pf FY liti 1.1F ANY OTHER MATTE f Cfr"A'SF Ctdtk'F,Pa9,T U°a A`G`,
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Combined: FED-VIG-PI-VVRC-AAIC (rev,. 11-19)
Agreement No. 6105
No. 5389
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California,
Federal Insurance Company
of Indianapolis, Indiana, organized under the laws of Indiana, subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorizedto transact within this State, subjectto all
provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler,
Team and Vehicle, Automobile, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect and
applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the IS'i` day of October, 1990, I
have hereunto set my hand and caused my official seal to be affixed
this 15'" day of October, 1990.
Fee $77.00 Roxani M. Gillespie
Rec. No. 542421 Insurance Commissioner
Filed 5/30/90
By Victoria S. Sidbury
Deputy
Certification
1, Magnolia Gutierrez, the undersigned Insurance Commissioner of the State of California, do
hereby certify that I have compared the above copy of Certff cate ofAuthority with the duplicate of original
now on file in my office, and that the same is a full, true, and correct transcript thereof, and of the whole of
said duplicate, and said Certificate of Authority is now in full force and effect.
IN WITNESS WHEREOF, I have set my hand and caused my official seal to
be affixed this 9`i' day of June, 2017.
Dave Jones
Insurance Commissioner
By
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