The URL can be used to link to this page

CONTRACT 6493 - PERM Public Works Contract CLOSEDAgreement No. 6493 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND DASH CONSTRUCTION COMPANY, INC. FY 21-22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 This CONTRACT is entered into this 20th day of aetl,(t, 2022, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and DASH CONSTRUCTION COMPANY, INC., a California Corporation ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract. Documents (tile "Work",). Tie 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 iine�llundred Nigg! Se at T110a � nd w,Seven dollars ($997,777) plus a contingency amount, which may or may not be used, of Qn _„ Hundred 3 v tlt g T�iousgp� five ] undred MLenty "1iree dollars ($117,523) 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 Fifty 50 working days (the Agreement No. 6493 "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the 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 Agreement No. 6493 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 perfonmed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Citv City of El Segundo -Public Works 350 Main Street El Segundo, CA 90245 Attention: James Rice jrice@elsegundo.org (310) 524-2316 The Contractor DASH Construction Company, Inc. 6300 Canoga Park, Suite 530 Woodland Hills, CA 91367 Attention: Dariush Shahnavaz info@dashconstructioncompany.com (747) 226-1744 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. Agreement No. 6493 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. Agreement No. 6493 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. Q1 UOFEL SEGUNDO Darrell George City Manager A]"' 11";ST: Trac Weaver, City Clerk ICI OVED AS TO FORM: M� rk D. Wl use" Ci r ttorney Insurance Reviewed by: 1 ASH, (.,)NSTRUC-FIO `() I'ANY,INC. ,. Name: Dariush Shahnavaz Title: President Taxpayer ID No. 510617885 Contractor State License No.: 869505 Contractor City Business License No.: 43769 Agreement No. 6493 PROPOSAL FOR THE FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Date JULY 18 , 20..2.2... Company Name: DASH CONSTRUCTION COMPANY, 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. I-C- i Agreement No. 6493 EQUAL EMPLOYMENT G" ENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 6493 I'll] 110IL"'Irwa FY 21/22 PAVEMEN'r REHABILITATION PROJECT PROJECT NO.. PW 22-01 CornpanyNarne� DASH CONSTRUCTION COMPANY, INC. ___ . ........ . .. ......... ........... ___ __ , "__ . . .... ...... BASE BID ITEMS ITC 11 DESCRIPTION DESCRIPTION UNIT ESTINIATED I)NIT PRICE (IN FIGURES) ITEM TOTAL (IN FIGURES) NO, LDOLLARSWENTS DOLLARS/CENTS Mobilization',, I Demobilization LS I including traffic control $40,032.00 $40,032.00 (niaxinium 5% of total bid) 2 Grind asphalt 2" SF 350.000 $0.45 $157,500.00 3 Overlay 2" .... ....... SF 51.71 $ 598,500.00 Adjust sewer and storm 4 drain manholes to final EA 60 $271.00 $16,260.00 . ........... . . . .......... . . .. ........ . .... .......... ... ... .. ........ ... .. Adjust valve —,.-covers to final grade EA . .. 80 . ......... . . $271.00 $21,680.00 Remove and replace all 6 traffic striping, pavenictit inarkings, and I's 1 $52,569.00 $52,569.00 _pa - nient markers _ Install loop 7 conductor and EA I appurtenances at Illinois $4,521.00 $4,521.00 Street/P.1 Segundo Boulevard intersection ..... - — - - — e — Remove and replac existing ADA ramps and adjacent sidewalk that 8 do not comply with EA 3 current ADA standards $10,815.00 $32,445.00 at Concord StreeVE] Segundo Boulevard intersection Asphalt full depth 9 removal and SF 10,000 $5.92 $59,200-00 replacement I-C-3 Agreement No. 6493 . . .......... .. . . ...... Remove and replace raised asphalt rumble strips to match existing. Strips to be 4" wide and 9' long spaced 3' O.O. I 10 with 1/4" thickness from EA 10 $1,507.00 $15,070.00 top of finished grade of asphalt. Located west of Virginia Street/El Segundo Boulevard intersection, TOTAL BID FOR ITEMS 1-10 IN FIGURES = $ 997777.00 'TOTAL BID WRITTEN IN WORDS: Nine hundred ninety seven thousand seven hundred seventy seven dollars I I - ---------- -.— T-C-4 Agreement No. 6493 BIDDER'S INFORMATION Company Name. DASH CONSTRUCTION COMPANY, INC. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) CORPORATION ' If corporation, State of Incorporation (i.e., California) CALIFORNIA Business DASH CONSTRUCTION COMPANY, INC. Address 6300 CANOGA PARK, SUITE 530 WOODLAND HILLS, CA 91367 Telephone No. (818) 620-7547, (747) 226-1744 Facsimile No. State Contractor's License No. and Class 869505, A, B, C 8, C 13, C 15, C 23, C 27, C 33, C 60 Original Date Issued 12/15/2005 Expiration Date 8/31/2023 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: Dariush Shahnavaz / President (818)620-7547 5301 Balboa Blvd #H16,,, Encino CA 91316 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: N/A All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: I-C-5 Agreement No. 6493 BIDDER'S INFORMATION (CONTINUED) Companyi1ame:r wr «r air w.r Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: Maid Ha'izadeh Title: c I-C-6 Agreement No. 6493 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this13 __day of July , 20 22 . BIDDER Subscribed and swom to this 18 day of July 2022. NOTARY PUBLIC I-C-8 /M FRED K. JACOBSON Notary Public • California 3 Los Angeles County ' Commission If 2308965 My Comm. Expires Nov 11, 2023 Agreement No. 6493 PROPOSAL GUARAYGE 13 11) KIP N1, 1) FY 2102 PAVE,\,I'.N, FRF'1h`aBIIJI'AI ION PROD ECI 11ROJ1-.,,'CTN(),: MV 22 0 , 1,VAN AJA —N11"N B) ES E PRLSENTS thal, ny Im,, , a,, BIDDE11, and Western National Mutual KsumnCE1 Company, as SURETV, ac hAd and My howl unto the Ten Percent of Me I Ty oC F I Segundo 1 Q Pena I Mun a f jpML6qTqqt Ope PW , IHM JA RS (jTQh VAN k '')1 1 r fn�,11)(- , 1- ) - , tcn (Hrs) PeNem oft, e mud MwEiric bid by BID DER tc� thic, City c FEI Sq,.Iundo 1� ti", �- 10 Y agret, ito be boun&, ), the paynwnt ofwhich simn,,i. BIDDL1P, and SURA,"I"- jointy, noel seviwally. Anil by these presents. 'I R TUE., C'ONDIT IONS (IF' THIS OBLIGA,11ON ARE, SUC11 (AlUt- ya IWI CIIS BIDD ', aliout U) Omit a [01 W Ac (Ty of El Sepudo Or the ahovc stactl ifsaid (I i�s vejectic'd- O'said bicl j-, rt.a ccp,cd nnd at coamct K man1d and ommed 1!10 by BIDDER ki the fnmir"ef and nrnic, ;pcc,�ficd, flwn dis Ndywki haH be Al and vAd, Mhawke A AMI u'er-jain un r 1f 1. ua r and en6w in Kar of le Oy of El Sgundo, IN AAATNESSNlEREOF the parnes hcmto havc set hzalds, and se"als this ()f_ 1022 BIDDER* _Dash Construction ..Company, Inc. PO Box 261321 Encino, CA 91426 (818) 620-7547 NFUM * WOMerri Nabonal Mutual Msurance Compariy 4700 OveM 77M Street Who MN 55435 M55)28TSM6 Pietro Micciche, Attorney -in -Fact 3455 Ocean View Boulevard, Glendale, CA (323).663-7814 ,,,ub,ic6k�cd and smwn Uv this day of 2 0 NOTA 10'', PL FIT "M We BIDDERATRETY naaw, Kin AMY and is 1cphmne numbet, Enid Ow name. idle. AM, and Mphom: nundwr All" aukorNed repmsewb vc" Agreement No. 6493 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On_JUL9 .. � _ 2022 �...... before me, Date personally appeared Pietro Micciche Angel Nunez, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personoo whose namew is/A* subscribed to the within instrument and acknowledged to me that he executed the same in his/jog authorized capacity(W, and that by his l Xksignature(p) on the instrument the person(yJ, or the entity upon behalf of which the person($) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �WITNESS my hand and official seal Signature ram" Signature of Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — F.] Lim' d I "6 General Individual Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: [] Corporate Officer — Title(s): „_...... Partner — E.l Limited LJ General Individual 17 Attorney in Fact iJ Trustee C Guardian or Conservator ❑ Other: Signer Is Representing: _... 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Agreement No. 6493 POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENT& That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, Zen�o,P�t�,M�o|che'08anu�Regue�a"and Exsabe�S�*za.. ^ ` Preferred Bonding Senvices(#9760) its— true and —lawful ' —�h��Q � authority for and owmbehalf ofthe Companysurety, A-tmexeoute and deUverand e�u�e seat of the Companybond geumm �cogn�emcesmr�berw6t�mobligations inthenatuvetheremf,{otherthan ��ps,^o'mage guaranty bonds, guarantees and note "=a��m�s ~~^k depositorybonds' mortgage defio�u�enmof benefits, hazardous was�re�e�a�mn bonds or guaranty bonds, self-insurance workers compensation bonds g black lung bonds), as follows', fo/ /V|wh�onine�umon�aggregate any single obligation, regardless of the number of instruments issued for the obligation, � to bind VYootom National Mutual Insurance Company themby, and all of the acts /f said AMnmoyo�p'Fact, pursuant to �oso p�non�. �* and Thiooppoin�nontiomadoundorandbyautho�yofthoboandofdire�oroata|moomngm�uuoae"""b~ ~~.^`— This Power �on � facsimilend and bythe autho�ycfthe fnUmw|ng �souoonsadopted "' the board .. _--- rs Po�er��A�umey�oignodandnoa|odbyu under Western National Mutual Insurance Company «nSeptember 28'2O1O: a»»rmnsint«icpuaidn��oo�u»mti»nvithth o*omturyorany assistant secretary, RE80LVEOth�thopenidan1.anyvio*presid�n/'"�*n`«|d*ncingth�"' in�momineaohcase, hr moyoppointa�omeys'in�a�oragomnwithauth»�yoodehned«'|im|t*dintwioea.and and on behalf of the company to execute and deliver and affix the ono| of the Company no Uonuy. ".d==~^gn.necvnnzan suretyship obligations of all kindo, and said offioara may remove any such ett,mey'in-faotoragent and revoke any Power ofAttorney previously granted tosuch person. d d ��Wng recognizance,ursuretyship obligation shall bovalid and binding upon the Company V) when signed bythe president, any vice pnus RESOLVEDFURTHERthata»yuo» 'u» » ido"mo,anniotentvice president, and attested and sealed (if oseal b*required) byany secretary »rassistant secretary; «r i identoraeoi�ontvimopmoident noor�aryorassistant aoom�ry.and oountemignndand (ii) when signed bythe pneeidentany vooPneo . sealed (if oseal bare� quinud>byodu|Yoh»hzedattom*y'in4act«ra0*mt;»r oragontopumuant»ounu�itnin�hoxmi�s»f (m) when duly executed and sealed (if aseal bonnquimd)byone »rm»eattorneys-in-fact person the nmhohtvevidenced bvthe Power ofAm«m»Yissued uythe Company »» such P« b*. xodbyfacm|mi|otoanypowor RESOLVED FURTHER that the signature ofany outhohzodofficer and the seal o,the company may n�onoo orother su��ship ofA�ornoyo,uo�i8cotionthereof outhoh�ngthe oxeoudonand delivery ufany bond, undo�amng.�ungn�ao.hougxmanua||yo�xod� ub|ig��ionoofthe Company; and such oign�umand seal when ooused shall have mosame m�eand effect ^byi�pmpor��;orand |NVV|TNEGGVVHEREOF.VVootornNaUona|K�utuo|Insurance Company has caused these peonntvm"esigned its corporate seal toboaffixed this _16�_day of_[ecerndber.2020. ...... Larry A. Byers, Sr. Vice President Jot Z. Hebeisen, ec STATE opw/wwsaorA,COUNTY opHENNEPIN On day of____DecemberL_ 2029, personally came before me, Jon R, Hebeisen and Larry A, Byers and tome known tobe the National Mutual Insurance Company who executed the above instrument, and they each acknowledged the individuals and officers of the Western d severally dispose and say; that they are the said officers of the corporation aforesaid, and execution of the same, and being by me duly sworn, di of the corporation, and that said corporate seal and their signatures as such Officers were that the seal affixed to the above instrument is the seal duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation, MNOTARY PUBILIC MINNESOTA CF=RTIFICms | �oundo��nod.ass��n 000��ryof�oVVes�mNoUona|�u��! Minnesota CERTIFY thm�ho�r�o�Q `the board of dii-ectors set oda�achodPoworofA�ornoyn*momoinm%fo�eandhaon,*meemmsvoneo�nno�wm^w",.w=.,,^�,^.....~~~^--_-- - forth inthe Power ofAttorney, are now |nforce. Agreement No. 6493 ACKNOWLEDGMENT _. ..... A notary public or other officer completing this certificate verifies only the identity of the in who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On u if before me, Fred K. Jacobson A notary public (insert name and title of the officer) personally p appeared the satisfactory (� , °r . who roved to me on e basis of satisfacto evidence to be the arson whose names subscribed to the within instrument and acknowledged to me that he/she4WW executed the same in his/hoi;0 it authorized capacity(iles°l and that by his/he4t4e4 signaturred n the instrument the person, , or the entity upon behalf of which the person(�execacted,he instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. �'� t�rr r JACOBSON y n NatryuLd��cii;sroi z a �x 'r.� z z Los Angeles County y cown, Expires Nov tt, 2023 Signature -- d (Seal) Agreement No. 6493 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: (��_..........._ ............................... Class No.: A, B, C8, C13, C15, C23, C27, C33, C60 2. The expiration date of BIDDER'S Contractor License is: August 31 120 23 . 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 mm07/.1.8................ 20 22, at (insert City and State where Declaration signed). Signature Dariush Shahnavaz Typed Name President Title DASH Construction Gomppny loc..— Company Name I-C-10 Agreement No. 6493 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County Of Los Angeles) Dariush Shahnavaz , being first duly sworn, deposes and say that he or she is President of DASH Construction Comnanv Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. DASH Construction Compan Inc. k9n6ture Name of Bidder/Company Name Dariush Shahnavaz .. ...... Typed Name President Title __07L18/ Date Agreement No. 6493 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 1 will comply with such provisions before commencing the perl'ol nn- e-e .Qie work of this contract." Signature of Bidder: Title: Preside►at__.................................... Business Name: _.DAS.��. t_r_�tcLion a=an .Jm... Business Address: 6300 CanoaAv,IT laymeror, Telephone Number: ( 818 ) 620-7547 Dated this 18 day of y ., 20-22--. I-C-12 Agreement No. 6493 DESIGNATION OF SUBCONTRACTORS FY 21/22 PAVEMENT RERABluTATION PROJECT PROJECT NO.. 13W 22-01 Company Name: ._DASH Construction Com ny"Inc. As detailed in Section 2-3.1 (Page 11-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 Conlraclor Description of' License No., & Portion (.)I, Name cif DI R Work Estimated Subcontractor Address lZegistration No. Subcontracted Amount (Number and Street) (CSI-,B B C Traffic Specialist 13261 Garden Grove Blvd 877686 Striping $34,902,00 (City, Zip Code) (DIR #) Garden Grove, CA 92843 1000407661 Pavement Recycling .,jq��Q,.§an Sevaine Wait .. . ....... .. ---, . ...... . . . . 569352 ... ................ .. . .... ............................. .... Grinding $115,500.00 Systems Jurupa Valley, CA 91752 1000003363 Southern California Barricades 5930 Lakeshore Dr . .. ..... 786758 traffic control 515,000.00 . .............. .. Cypress, CA 90630 .... . . . ... . . ............ . . . . ........ . . . ......... -------- 1000861326 . . .... . ...... . - . ..... . . ... ............. . . . . r tillifaddi s page ies (if this page if additional space is needed) -Ti11'-7-713—i �--der Date ,,,tule oj griature of Bidder I-C- 13 Agreement No. 6493 REFERENCES Company Name: DASH Construction Company Inc. The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime Contractor or maj or Subcontractor within the past five (5) years: 1. Project Title: Cily of Alhambra Citywide UtilitV Paving Project Location: ci ide / various locations Cily of Alhambra 900 S. New AveAlhambra, CA 91801 Name and address of owner Thomas Amare 626 300-1562 Name and current telephone number of person familiar with project Type of Work: Paving repairs Contract amount: $ 7& _ ... Date completed: 06/10/2022 Amount of work done by my/our firm under Contract $ 243 777_g0 Did your firm have any financial interest in Project?......Y.es...................................................................................................................... 2. Project Title: ide Location:InIrgtinng Cily of Chino 13220 Central Av, Chino CA 91710 Name and address of owner Anthonv Flores (562)547-8555 Name and current telephone number of person familiar with project Type of Work: Paving & asphalt pothole repairs Contract amount: $ 362-640,00 Date completed: n-noina Amount of work done by my/our firm under Contract $ 362,640.00 Did your firm have any financial interest in Project? yes I-C-14 Agreement No. 6493 3. Project Title: La Puente Citywide Concrete & Asphalt Repairs Location: citywide / various locations City of La Puente 159QQ Main St. La Euente. CA 91744 Name and address of owner Name and current telephone number of person familiar with project Type of Work: Concrete & asphalt repairs Contract amount: $ 130,400.00 Date completed: _a41 Amount of work done by my/our firm under Contract $ 130 400.00 Did your firm have any financial interest in Project? yeS 4. Project Title: City of Ife Cenda Community Center ADA Parking L t Improvements Location: Citv of La Canada One Civic Center Dr. La Canada Flintridae. CA 91011 Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Asphalt replacgmgnt Contract amount: $ 1 P,F139-00 Date completed: 03/18/2022 Amount of work done by my/our firm under Contract $ 15,839.00 Did your firm have any financial interest in Project? _ems ... I-C-15 Agreement No. 6493 Project Title: Cily gf Quart@ Concrete-Repairo`ect Location: Name and address of owner Stephanie Sandoval 626 705-4841 Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ 105.933.00 Date completed: __ Amount of work done by my/our firm under Contract $ 1 5A Did your firm have any financial interest in Project? ye n 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: Western National _Mutual Insurance Company P.O. Box...1463. Minneapolis Minnesota 55440 .. .. Pietro Miccich :.... I-C-16 Agreement No. 6493 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Company Name: DASH Con5kuabn Cgfflpany 1. . _ ................... 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 FRI 2. If yes, explain the circumstances: Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes 0 No ❑ ........ Bidder's Signature Dariu*h hahnayaz Name (Please Print) I-C-17 Agreement No. 6493 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Company Name: DASH QgD.5 r, , 1,i n_Gompany 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 1185 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 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 ITlITifornia 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." 07/18/2022 Date B d '..r' S Signature., I-C-18 Agreement No. 6493 END PROPOSAL SECTION I-C-19 Agreement No. 6493 No. 5976-6 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Western National Mutual Insurance Company of Minnesota, organized under the laws of Minnesota, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety 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 21" day of May, 2015, I have hereunto set my hand and caused my official seal to be affixed this 2P day of May, 2015. Dave Jones Insurance Commissioner �r /l a By 'M. Susan J. Stapp for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. #913715.1 Agreement No. 6493 FY 21-22 PAVEMENT REHABILITATION PROJECT PROJECT NO_: PW 22-01 Bond No. 54523 Bond Fee: $1 S ,9b0 00 Prennurn B iscd on Final Contract Amount DASH ConstrLiction Company, hie. ("PRINCIPAL") and Western National Mutual Insurance Com an , a corporation incorporated under the laws of the State of Minnesota > 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 `dine I-Ittndred Ninet Seven Thogsatid Seven Iw wulred Seventy Seven dollars' ($997,777) 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 22-01, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 22-01, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications andwith any permit issued by CITY. Should PRINCIPAL fail to complete all required workwithin the time allow ed, 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 materiats on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I1M Agreement No. 6493 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 22-01 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy ofthe 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-F,-2 Agreement No. 6493 SIGNED AND SEALED this 14th day of PRINCIPAL'S PRESIDENT PRINCIPAL's SECRETARY October . 20 22 SURETY's PRESfDENr- Pietro Miceic.he, Attorney -in -Fact SURETY'S SECRETAR PRINCIPAL's MAILLNG ADDRESS: SURETY'S MAILING ADDRESS: Dash Construction Com any Inc. Westem National Mutual Insurance Conn an 6300 Canoga Ave, Suite 530 4700 West 77th Street Woodland Hills, CA 91367 Edina MN 55435-4818 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. 6493 JALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .D r, mnaA o�, 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 Califomia County oAn ale f Los s ) On OCT _,C _, before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose nali isi subscribed to the within instrument and acknowledged to me that he/AkQ&W executed the same in his/jo)Kpftxk authorized capacity(A)Q, and that by his/i9MXXsignature(p) on the instrument the person(, or the entity upon behalf of which the person¢) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forego6�aragraph is true and correct. WITNESS my d a official sea', "� r r � � .�e'"• �TM�,ar'�"" . �;to.^^�'i��.J��wr�tir Mgr'°.. ANGEL NUNEZ Sign a p a;.�i Notary Public - California " r Los Angeles County Signal Notary Public Commission # 2321675 MY Comm. Expires Mar 14, 2024 to� Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): �..:.I Partner — ❑ Limi d ❑ General ❑ Individual Attorney in Fact J Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r, Signer's Name: — L.,1 Corporate Officer — Title(s): ❑ Partner — 0- Limited Ll General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA CERTIFICATE OF ACKNnW1 Frn'►rgp&ent No. 6493 ................ A notary public or other officer completing this certificate verifies only the identity of the ind¢viduaI who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document, State of California County of )L ) On �`before me, !G�u��y (here insert name and title o f the officer) personally appeared who proved to me on the basis of satisfactory evidence to a personK whose name is are cribed to the within instrument and acknow ed' to me tha h ey executed the same i h' I e heir authorized capacity(k*, and that b his 1 their signature( "on the instrument the persot , or the entity upon behalf of which the person(jj 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 mar hand and official seal. X" Signature g�tl�tluutltl�tltlr patlutlntlrno�itlatltlrtltrtlrrtlurtltlutlrrrerrtlotlltltltlutlwrrartlupuowltlalrrtlitltltlarppp �•, a LEVIK NAZARI " COMM. #2294015 f� xNotary Public - California Los Angeles County icy Comm. Expires duly Is, 2 3 NNW tlrpNtltGtltltl01tl�1prtllpltl�tltlttltl!tltltlNtltlN1YNN1�tldlYld�r1 (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document ..... ............. ..._ ............ ......... ._ The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing; Name(s) of Person(s) or Enllty(Z� Signer Is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification O credible witne5s(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) El 0 Copyright 2007-201 B Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA CERTIFICATE OF ACKNOWLEE�dMffet No. 6493 An otary public or other officer completing this certificate verifies only the identity of the individual who signed the documentto which this certificate is attached; and not the truthfulness,, accuracy, oryaildity of that document. State of California��) County of Q(;- LEA; — On before me, _ r (here Insert na¢ne nd title of tffiffi.. personally appeared who proved to me on the basis of satisfactory evidence to e person whose name is/ re cri bed to the within instrument and ackno ed to me that he/ ey executed the sa a in hls their authorized -capacity(iae�, and that b hi heir signaturek on the instrument the perso*), or the entity upon behalf of which the person(i 4a6d, 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. y WITNESS roy hand and official seal. Signature (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Tltle(s) ❑ Guardian/Conservator ❑ Partner-Llmited/General ❑ Trustee(s) ❑ Other. representing: Name(s) of Person(s) or Entlty(les) Signer Is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification C) credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 5031 1-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase.coples of thls form. Agreement No. 6493 WESTERN NATIONAL The rpinfinusT ip mmppny POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Patricia Zenizo, Pietro Micciche, Manuel Reguerra, and Elisabete Salazar, Preferred Bonding Services (#9760) Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows: All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 ($7,500,000,001 for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December, 2020. SEAL Jon R. Hebeisen, Secretary Larry A. Byers, Sr. Vice President STATE OF MINNESOTA, COUNTY OF HENNEPIN On this 16th day of December,, 0 0, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. JENNIFERA.YDUNG NOTARY PUBLIC MINNESOTA m �. My Commission Expires0113V20n JenniferA. Young, Notary Public -..... ___ My commission expires January 31, 2026 CERTIFICATE I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. ne mES:y' Signed and seeped at the City of Edina, MIN this day of Jmrnni,'fer A Young, Assistant eocery Agreement No. 6493 LABOR AND MATERIALS BOND FY 21-22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Bond No.54523 Bond Fee: Premium Included in Perfon- ance Bond DASH Construction Company. Inc. , as principal ("PRINCIPAL") and Western National Mutual a corporation incorporated under the laws of the State of Minnesota 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 Nine lluttd.red Nin x'cvct7ThousaudSevetiflutaelt':dSeveatt Searettd:o).lars{;$997,777), 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 PRNCIPAL 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, (or or about the perl.ortnance cal`,"tltc wort , conteillplated in SPECIFICATIONS NO. PW 22-01("Public Prr.ject"), the public \Arorlcs co tractexecuted.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 22-01, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles, which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 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. 6493 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 22-01, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 6493 SIGNED AND SEALED this 14th day of PRINCIPAL's PRESIDENT .,✓G�%U� PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: Dash Construction Company. Inc. ....... 30 6300 C'ano�a Ave Suite, 5 Woodland Hills, CA 91367 October ,, 20 22 SURETY'S Tn ESIDENIT. Pietro Micciche, Attorney -in -Fact SURETY's SEC E env SURETY'S MAILING ADDRESS: National Mutual Insurai e Company .... is Western N ato W __....._.��...... ... 4700 West 77th Street .- 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. 6493 T •RMA '1LL-PURPOSE ACKNOWLEDGMENT• a,.,;.. ,�. #, •. '.5.� u'•�;d,C;Or,R;.^ $/' x;x : R_ti @ •r.0 v rj,4✓gx4 ,. n �.. 9 'C � S.✓ " ..�un".S+r'.rw .^wv �,w.^"'. Sfl P:.r.C�r� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ , Los Angeles I On O C T 1 4 20._........._ before me, An — ................Date... personally appeared „_Pietro Micciche Nunez, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personm whose name(o is/M subscribed to the within instrument and acknowledged to me that he/xk*XM executed the same in hisftof x authorized capacity(DW&), and that by his/X signature(p) on the instrument the person(o, or the entity upon behalf of which the person4) 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 ANGEL NUNEZ ap^ NotaryPublic - California Z i w Los Angeles County ? Commission " 2321675 04Y Comm. Expires Filar 14 2024 Signature seal. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. 170 Corporate Officer — Title(s): I Partner — ❑ Li0 Individual � d ❑General re Attorney in Fact Ll Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: _r ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www,NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Agreement No. 6493 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary �prublic or other officer completing this certificate verifies only the identity of the incf'widual who signed the d'ocurnentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof ) On before me, �du & (here insert name ancrtWe of the officer) personally appeared" who proved to me on the basis of satisfactory evidence to a persoroQwhose name is re cribed to the within instrument and acknow ged to me tha he/ they executed the same in h`. their authorized capaci ), and that b h' heir signat on the instrument the person), or the entity upon behalf of which the personi) a , 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 hand and!official seal. Signature �lww�mrll INiWAiiri9Alnrtnu�latunlaMlrilt�ttiliiatirslrrltrnaltllwrxmr�mtru�lruuta� LEVIK NAZARI F" COMM. #2294015 z Notary Public - California r Los Angeles County ar4aiarur� My Comm. Expires July 15, 2023 �Ir�trMlKRlasmatiarsnrrtatlWNlNlltlV1�MNVIH1+�ttarnu�lun>ardrrlt�rrrlVr� (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer Is Representing .74 Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of Identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) El ® Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA CERTIFICATE OF ACKNOWLEDA&gM yt No. 6493 A not'a �uialic or other officer completing this certificate verifies only the Identity of the indidual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, orvaIIdltyofthat document, State of California ) County of W s e'k—i e On .a� �.. � before me, -- � (here insert name and�t&t of the offic� � r r) personally appeared who proved tome on the basis of satisfactory evidence to he person whose name is re the within instrument and ackno ed to im tha h ey executed the sae in A;crCibedto heir uponorized behalf of whlchd rhea edthat rson(sI a d, ex heir signature on the instrument the person ), o the entity p p 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 rg hand and official seal. Signature MIMN110114 mrrmrrrdrfl nrl rrlIII Non rn rrrlSrrninmrrr nrdnn IN111IWinn INo IInI101 LEVIK NAZARI COMM, 02294015 " f otary Public - California LOS Angeles County f&armrumrmrm rrmmrmrr uyrtmrCrrmorrmmarmrmr,, Ei irerrmsnn July is, rr2 rm3 (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other. representing: Name(s) of Person(s) or Entlty(les) Signer Is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification C) credible witness(es) Notarial event is detailed in notary journal on: Page# Entry# Notary contact:_ Other ❑ Additional Signer(s) EJ Slgner(s)Thumbprint(s) O Copyright 2007-201 B Notary Rotary, PO Box 41400, Des Moines, IA 50311-05D7. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase.coples of this form. Agreement No. 6493 WESTERN NATIONAL The mhvianship company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Patricia Zenizo, Pietro Micciche, Manuel Reguerra, and Elisabete Salazar, Preferred Bonding Services (#9760) Its true and lawful Attorneys) -in -Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows: All written instruments in an amount not to exceed an aggregate of Seven Million Five H ndred Thousand and 001100 500.000.00 for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December, 2020. ........... W �4A' { s SEAL 4eA,A Jon R. Hebeisen, Secretary Larry A. Byers, Sr. Vice President STATE OF MINNESOTA, COUNTY OF HENNEPIN On this 16th day of December 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. w"•„. M JE=A.YOUNGRa My Co10. Jennifer A. Young, Notary Public My commission expires January 31, 2026 CERTIFICATE I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. P' �� SEAL Signed and sealed at the City of Edina, MN this Mday Ofj0Lb21nLC, QuS Tenni Fe-r-A Yi5 TiTg-,-As isFant`S'eZ Ri.5 Agreement No. 6493 CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 https://www. elsegundo. org/government/departments/city-clerkibid-rfp MANDATORY PRE -BID MEETING THURSDAY, JULY 7, 2022 AT 9:00 AM CITY HALL COURTYARD (SEE NEXT PAGE FOR LOCATION MAP) 350 MAIN STREET EL SEGUNDO, CA 90245 BI��D�S :DUE "TUESDAY, JULY 199 2022 AT 11:00 AM� Agreement No. 6493 MANDATORY PRE -BID MEETING LOCATION: Agreement No. 6493 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, JULY 195 2022 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED 3 Agreement No. 6493 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages II-B-25 thru II-B-26 "LIABILITY INSURANCE". ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING A BID PACKAGE. The Contractor will be required to apply and obtain an Encroachment Permit from the City Public Works Department as well as any applicable Building/Safety Permit from the City Building Planning and Building Safety Department. The Contractor shall be responsible for calling the Building Safety Division for inspections. All noted deficiencies shall be corrected by the contractor. The project will not be accepted as complete until the contractor obtains a final sign -off from the Department of Planning and Building Safety. Agreement No. 6493 TABLE OF CONTENTS SECTION I — LEGAL A. NOTICE INVITING SEALED BIDS B. BIDDING INSTRUCTIONS 1. DEFINITION 2. BIDDER'S REPRESENTATIONS 3. BIDDING DOCUMENTS 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 5. PRODUCT SUBSTITUTIONS 6. SUBCONTRACTORS 7. ADDENDA 8. PRE -BID CONFERENCE 9. FORM AND STYLE OF BIDS 10. BID SECURITY 1 l . 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 b. ALTERNATIVE BID 3. BIDDER'S INFORMATION 4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT 5. PROPOSAL GUARANTEE BID BOND 6. CONTRACTOR'S LICENSE DECLARATION 7. NON -COLLUSION AFFIDAVIT 8. WORKER'S COMPENSATION CERTIFICATION 9. DESIGNATION OF SUBCONTRACTORS 10. REFERENCES 11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS 11. INSURANCE REQUIREMENTS D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT E. FAITHFUL PERFORMANCE BOND PAGE I-A-1 TO A-3 I-B-1 TO B-8 I-B-1 I-B-I 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-7 I-C-1 TO C-17 I-C-1 I-C-3 I-C-3 I-C-4 I-C-6 I-C-8 I-C-9 I-C-10 I-C-11 I-C-12 I-C-13 I-C-14 I-C-17 I-C-I8 I-D-1 TO D-5 I-E-1 TO E-3 F. MATERIAL AND LABOR BOND I-F-1 TO F-3 Agreement No. 6493 SECTION II - GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS II-A-1 TO A-2 1. REGISTRATION OF CONTRACTORS II-A-1 2. INSURANCE AND CITY BUSINESS LICENSE II-A-1 3. EMERGENCY INFORMATION II-A-1 4. FURNISHING OF WATER II-A-1 5. CALIFORNIA - OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION II-A-1 6. SOUND CONTROL II-A-2 7. AIR POLLUTION CONTROL II-A-2 8. WORKER UNIFORMS II-A-2 B. GENERAL PROVISIONS II-B-1 TO B-34 0-1 STANDARD SPECIFICATIONS II-B-1 0-2 NUMBERING OF SECTIONS II-B-1 0-3 MODIFICATIONS II-B-1 1-2 DEFINITIONS II-B-1 1-2.1 ADDITIONAL DEFINITIONS II-B-1 1-3 ABBREVIATIONS II-B-2 2-0 SCOPE AND CONTROL OF WORK II-B-3 2-1.1 ACCESS TO PROJECT SITE II-B-3 2-1.2 OWNERSHIP AND USE OF CONTRACT II-B-3 DOCUMENTS 2-3 SUBCONTRACTS II-B-3 2-3.1 GENERAL II-B-3 2-3.2 ADDITIONAL RESPONSIBILITY II-B-4 2-4 CONTRACT BONDS II-B-4 2-5 PLANS AND SPECIFICATIONS II-B-5 2-5.1 GENERAL II-B-5 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS II-B-5 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS II-B-6 2-8 RIGHT-OF-WAY II-B-6 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES II-B-6 2-9 SURVEYING II-B-6 2-9.3 SURVEY SERVICE II-B-6 2-9.3.1 CONSTRUCTION SURVEYING II-B-7 2-9.3.2 MEASUREMENT AND PAYMENT II-B-7 3-3.2.2 BASIS FOR ESTABLISHING COSTS II-B-7 3-3.2.3 MARK UP II-B-7 It Agreement No. 6493 SECTION II — GENERAL REQUIREMENTS (Continued) 3-3.3 DAILY REPORTS BY CONTRACTOR 3-4 CHANGED CONDITIONS 3-5 DISPUTED WORK 4-1.3 INSPECTION REQUIREMENTS 4-1.3.1 GENERAL 4-1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY 4-1.6 TRADE NAMES OR EQUALS 5-2 PROTECTION 5-2.1 INCORRECT LOCATION OF UTILITIES 5-4 RELOCATION 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION 5-5 DELAYS 5-5.1 CALCULATING IDLE TIME 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 CONTRACT SCHEDULE 6-1.2 CONTENT OF CONTRACT SCHEDULE 6-1.3 EFFECT OF CONTRACT SCHEDULE 6-1.4 COMMENCEMENT OF CONTRACT TIME 6-4 DEFAULT BY CONTRACTOR 6-4.1 GENERAL 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK 6-4.3 SURETY'S ASSUMPTION OF CONTROL 6-6 DELAYS AND EXTENSIONS OF TIME 6-6.1 GENERAL 6-6.2 EXTENSION OF TIME 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR 6-6.4 WRITTEN NOTICE AND REPORT 6-7.2 WORK DAYS AND WORKING HOURS 6-7.4 NIGHT WORK 6-7.5 WEEKEND AND HOLIDAY WORK 6-8 COMPLETION AND ACCEPTANCE 6-8.1 GENERAL GUARANTY 6-9 LIQUIDATED DAMAGES 6-9.1 FAILURE TO COMPLETE WORK ON TIME 6-11 DISPUTES AND CLAIMS; PROCEDURE 6-11.1 GENERAL 6-11.2 FORM Ilt PAGE II-B-8 II-B-8 1I-B-9 I I-B-9 II-B-9 II-B-10 II-B-12 II-B-12 II-B-13 II-B-14 II-B-14 II-B-14 II-B-14 II-B-15 II-B-15 II-B-15 II-B-16 II-B-16 II-B-16 II-B-16 II-B-17 II-B-17 II-B-17 II-B-18 II-B-18 II-B-18 II-B-18 II-B-18 II-B-19 Agreement No. 6493 SECTION II — GENERAL REQUIREMENTS (Continued) 6-11.3 CLAIMS SUBMITTED TO ENGINEER 6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY 6-11.5 DECISION ON CLAIMS 6-11.6 APPEAL OF ENGINEER'S DECISION 6-11.7 MEDIATION 6-11.8 ARBITRATION 6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING 6-11.10APPEAL TO SUPERIOR COURT; WAIVER OF JURY TRIAL 7-2 LABOR 7-2.3 PREVAILING WAGES 7-2.4 RECORD OF WAGES PAID; INSPECTION 7-3 LIABILITY INSURANCE 7-3.1 GENERAL 7-3.2 INDEMNIFICATION AND DEFENSE 7-5 PERMITS 7-8.1 CLEAN UP AND DUST CONTROL 7-8.1.1 GENERAL 7-8.1.2 WATERING 7-8.6 WATER POLLUTION CONTROL 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 TRAFFIC AND ACCESS 7-10.2 STREET CLOSURES, DETOURS, BARRICADES 7-10.5 PROTECTION OF THE PUBLIC 7-15 HAZARDOUS MATERIAL 9-2 LUMP SUM WORK 9-3.2 PARTIAL AND FINAL PAYMENTS 9.3.3 DELIVERED MATERIALS 100-1 TERMINATION OF AGENCY LIABILITY iv PAGE II-B-20 II-B-20 II-B-21 II-B-21 II-B-21 1I-B-22 II-B-22 II-B-22 II-B-23 II-B-23 I I-B-24 II-B-24 II-B-24 II-B-27 II-B-28 II-B-29 II-B-29 II-B-29 II-B-29 II-B-30 II-B-30 II-B-30 II-B-31 II-B-31 II-B-32 II-B-33 II-B-33 II-B-35 II-B-35 Agreement No. 6493 SECTION III — SPECIAL PROVISIONS PAGE 1-0. GENERAL SCOPE, TIME FOR COMPLETION, AND LOCATION OF WORK III-A-1 2-0. NOTIFICATIONS III-A-2 3-0. MOBILIZATION III-A-3 4-0. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING REQUIREMENTS III-A-4 5-0, WORK SCHEDULE III-A-9 6-0. EXAMINATION OF JOB SITE AND MEASUREMENT VERIFICATION III-A-9 7-0, INSPECTION III-A-10 84 WORK AREA SAFETY III-A-10 9-0. USE OF PRIVATE PROPERTY AND PROTECTION OF EXISTING IMPROVEMENTS III-A-10 10-0. STORAGE OF MATERIALS AND EQUIPMENT III-A-11 11-0. DISPOSAL OF REMOVALS III-A-11 12-0. BUILDING SAFETY AND PUBLIC WORKS ENCROACHMENT PERMITS III-A-11 134 CENTERLINE TIES AND BOUNDARY MARKERS III-A-11 14-0. NPDES COMPLIANCE III-A-12 15-0. TREE & TREE ROOTS III-A-12 16-0. CURB DRAIN OUTLETS III-A-13 17-0. OTHER METER BOXES; PULL BOXES III-A-13 18-0. TRAFFIC CONTROL, PUBLIC SAFETY, AND CONVENIENCE III-A-13 19-0, TRASH PICKUP, STREET SWEEPING, AND MAIL DELIVERIES III-A-14 20-0. COMPLETION III-A-14 21-0. WARRANTY III-A-14 SECTION IV — MEASUREMENT AND PAYMENT SECTION V — TECHNICAL SPECIFICATIONS APPENDICES Appendix A — Construction and Debris Recycling Forms for the City of El Segundo (included as part of Section III, Special Provisions) Appendix B — PW 22-01 Project Location Map Appendix C — Concrete Curb Ramps and Signing & Striping Plans Appendix D — Caltrans Paving Markings & El Segundo No Parking Sign Standard Drawings v Agreement No. 6493 NOTICE INVITING SEALED BIDS FOR THE FY 21/22 PAVEMENT REHABILITATION PROJECT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 22-01 The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main Street, El Segundo, California 90245, until 11:00 a.m. on: TUESDAY, JULY 19, 2022 at which time they will be publicly opened. Bids will not be accepted after that time. As described in the Bidding Documents, the bids are for a public works project ("Project") which consists of traffic control, centerline tie surveys, asphalt cold milling, hot mix asphalt paving, manhole cover adjusting, valve cover adjusting, re -striping, reinstalling pavement markings, concrete curb ramp installation, and related work. Work on the Project must be performed in strict conformity with Specifications No. PW 22-01 as adopted by the El Segundo City Council on June 7, 2022 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 tt ! // ' "'.else Lando.oz°g/govei-nnient/de artw ei,it, c l3r_.a� �111ryid-r°:: A pre -bid meeting is scheduled for Thursday, July 7, 2022 at 9:00 AM, at the City Hall Courtyard, 350 Main Street, El Segundo, CA 90245. Bidders' attendance at this meeting is mandatory. Questions regarding the bid shall be submitted by 5:00 pm on Tuesday, July 12, 2022 to littps://ww r.els ,un o or government/de artnierlts/ ublic-works/re uest- ui,)]io-Nvoi-ks b The terms and conditions for bidding on the Project are described in the attached Bidding Instructions. This project requires payment of State prevailing rates of wages for Los Angeles County. The contractor must post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov. Note that the Project is subject to compliance monitoring and enforcement by California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4 to be nonresponsive. I-A-1 Agreement No. 6493 The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. Prevailing Wage: Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et. Seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. Five percent (5%) will be deducted from each progress payment and retained by the City. The remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to Public Contracts Code ("PCC") § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. In entering into a Public Works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or Sub -Contractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed envelope plainly marked on the outside: "SEALED BIDS FOR PROJECT NO.: PW 22-01 FY 21/22 PAVEMENT REHABILITATION PROJECT IN THE CITY OF EL SEGUNDO DO NOT OPEN WITH REGULAR MAIL" I-A-2 Agreement No. 6493 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 Sub -Contractors will be required to possess the correct license for their project classifications, and valid City Business Licenses from the City of El Segundo. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written contract has been duly executed by the appropriate officer(s) of the City of El Segundo. DATED this 71h day of June, 2022. CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk I-A-3 Agreement No. 6493 BIDDING INSTRUCTIONS 1. DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents. 1.1 "Addenda" means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.2 "Alternate" means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both. 1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda. 1.4 "Bidder" means a person or firm that submits a Bid. 1.5 "Bidding Documents" means the construction documents prepared and issued for bidding purposes including all Addenda. 1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates. 1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement. 2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that: 2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents. 2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents. 2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents. 2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor's State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor "C" license in each such trade, (2) a General Engineering contractor "A" license, or (3) a General Building contractor "B" license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade. 2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from MM Agreement No. 6493 the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents. 2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder's behalf. 2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work. 2.9 The Bidder has paid the City's business license fee(s) 2.10 The Bidder, per SB 854 requirements for public projects, has registered with and paid their annual fee to the California State Department of Industrial Relations. Information about SB 854 and its requirements can be found at this link: http://www.dir.ca.gov/Public-Works/SB854.htm] 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: htt ://ww'w.cisegundo.ot, /&,overnment/dep-grrtinent I u�c-: works/request-purl rc-^perks-bid Responses to all questions will be provided in writing to all Bidders in I-B-2 Agreement No. 6493 accordance with the schedule below. We will not identify companies or individuals that pose questions. Potential bidders must not call City of El Segundo employees to discuss potential projects or ask questions regarding the bid. Questions Due by 5:00 pm, Tuesday, July 12, 2022 Questions Answered by 5:00 pm Thursday, July 14, 2022 4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders must not rely upon them. 5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents. 6. SUBCONTRACTORS. 6.1 Each Bidder will list in the Bid Form all first -tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor's business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so. 6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City's written consent in accordance with California law. 7. ADDENDA. 7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda. 7.2 Copies of Addenda will be made available for inspection at the City's Public Works Department. 7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline. 7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid. 8. PRE -BID CONFERENCE. Bidder will attend a Pre -Bid Conference where City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre -Bid Conference attendees to arrive for the meeting on time and to 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 am Agreement No. 6493 deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected. 9. FORM AND STYLE OF BIDS 9.1 Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City's Bid Form will be rejected. 9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter. 9.3 Bidder's failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter "No Change." 9.4 Each Bidder must fill out the "Bidders Statement of Past Contract Disqualifica- tions" 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 E1 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 Agreement No. 6493 submission of proposals. 10. BID SECURITY 10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder's obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to "City of 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 PROJECT NO.: PW 22-01 FY 21/22 PAVEMENT REHABILITATION PROJECT IN THE CITY OF EL SEGUNDO. 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 terns, conditions, provisions, and f9" Agreement No. 6493 requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith. 11. MODIFICATION OR WITHDRAWAL OF BID. 11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of such action will be given to the City in writing and signed by the Bidder's authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid. 11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements. 11.13 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted. 11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders. 11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the proposal guarantee. 11.16 The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. 11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City Business License, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 11.18 No mention shall be made in the proposal of the cost of bonds as all amounts bid will be deemed and held to include any such costs, which may be applicable. 12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly. 13. REJECTION OF BIDS. 13.1 The City will have the right to reject all Bids. 13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular. 13.2.1 Unrequested/unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without inter] ineation s, 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. Agreement No. 6493 14. AWARD 14.1 The City may retain all bids for a period of sixty (90) days for examination and comparison, and to delete any portion of the work from the contract. 14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City. 14.3 The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents. 14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the "multiplier" as stated in the Bid Form, plus the amounts of all accepted Alternates. 14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City's maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City's notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items: 14.5.1 One original of the Agreement signed by Bidder. 14.5.2 One original of the Payment Bond. 14.5.3 One original of the Performance Bond. 14.5.4 Certificates of Insurance on form provided by the City. 14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders' company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references. 14.5.6 Preliminary Contract Schedule. 14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention. 14.5.8 Cost Breakdown. 14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement I-B-7 Agreement No. 6493 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 Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City's notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder's Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids. am Agreement No. 6493 PROPOSAL FOR THE FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Date w�.......... ------- 20......— Company Name: TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of E1 Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I-C-1 Agreement No. 6493 EQUAL EMPLOYMENT OPPORTUNITY OM "LIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 6493 BID SCHEDULE FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Company Name: BASE BID ITEMS ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE (IN FIGURES) DOLLARS/CENTS ITEM TOTAL (IN FIGURES) DOLLARS/CENTS Mobilization/ 1 Demobilization LS I III including traffic control o (maximum 5 /o of total bid) 2 Grind asphalt 2" SF 350,000 3 Overlay 2" SF 350,000 ..�............ __............... J_................. Adjust sewer and storm .......�.. 4 drain manholes to final EA 60 ............................ rade 5 Adjust valve EA 80 covers to final grade Remove and replace all 6 traffic striping, LS 1 pavement markings, and pavement markers Install inductive loop 7 conductor and EA 1 appurtenances at Illinois Street/El Segundo Boulevard intersection ww.................. . ......... ........._. Remove and replace existing ADA ramps and adjacent sidewalk that 8 do not comply with EA 3 current ADA standards at Concord Street/El Segundo Boulevard ........ intersection .... ...................... Asphalt full depth 9 removal and SF 10,000 replacement I-C-3 Agreement No. 6493 Remove and replace raised asphalt rumble strips to match existing. Strips to be 4" wide and 9' long spaced Y O.C. 10 with 1/4" thickness from EA 10 top of finished grade of asphalt. Located west of Virginia Street/El Segundo Boulevard intersection. TOTAL BID FOR ITEMS 1-10 IN FIGURES = TOTAL BID WRITTEN IN WORDS: I-C-4 Agreement No. 6493 BIDDER'S INFORMATION Company Name: BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) Business Address Telephone No. Facsimile No. State Contractor's License No. and Class Original Date Issued Expiration Date The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: I-C-5 Agreement No. 6493 BIDDER'S INFORMATION (CONTINUED) Company Name: Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: Title; I-C-6 Agreement No. 6493 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this day of 20_ BIDDER Subscribed and sworn to this day of 20 NOTARY PUBLIC I-C-8 Agreement No. 6493 PROPOSAL GUARANTEE BID BOND FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of __,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......... DOLLARS ($ ), which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of 20 BIDDER* SURETY* Subscribed and sworn to this day of 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. 1-C-9 Agreement No. 6493 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: 20 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non -responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on , 20, at Signature Typed Name Title Company Name (insert City and State where Declaration signed). I-C-10 Agreement No. 6493 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) being first duly sworn, deposes and say that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed Name Title I-C-11 Name of Bidder/Company Name Date Agreement No. 6493 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: (.................. ) Dated this day of 20 I-C-12 Agreement No. 6493 DESIGNATION OF SUBCONTRACTORS FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Company Name: As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Subcontractor's Contractor Description of License No., & Portion of Name of DIR Work Estimated Subcontractor Address Registration No. Subcontracted $ Amount (Number and Street) (CSLB #) ........... (City, zip code) (DIR #) ......................... ........... ........_ ....... ------------------------------ ............ .....................-_ �... ............... ...... ........................ (Make copies of this page if additional space is needed) Signature of Bidder Date I-C-13 Agreement No. 6493 REFERENCES Company Name: The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime Contractor or major Subcontractor within the past five (5) years: 1. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? I-C-14 Agreement No. 6493 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 $_m_ 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? __w .................... I-C-15 Agreement No. 6493 Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $. _...................... Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I-C-16 Agreement No. 6493 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Company Name: Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. I . Have you ever been disqualified from any government contract? Yes ❑ No ❑ 2. If yes, explain the circumstances: 3, Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ❑ No ❑ Bidder's Signature Name (Please Print) I-C-I 7 Agreement No. 6493 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] FY 21/22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 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 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-18 Bidder's Signature Agreement No. 6493 END PROPOSAL SECTION I-C-19 Agreement No. 6493 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] FY 21/22 PAVEMENT REHBAILITATION PROJECT PROJECT NO.: PW 22-01 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"). A, The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. Agreement No. 6493 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within fifty (50) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and i. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 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. I-D-2 Agreement No. 6493 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 1 l . 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 Ci1y The Contractor James Rice Associate Engineer City of E1 Segundo 350 Main Street, E1 Segundo, CA 90245 (310) 524-2316 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. I-D-3 Agreement No. 6493 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I-D-4 Agreement No. 6493 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Darrell George Interim City Manager ATTEST: Taxpayer ID No, Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: David H. King, Assistant City Attorney Insurance Reviewed by: I-D-5 Contractor State License No.: Contractor City Business License No.: Agreement No. 6493 FAITHFUL PERFORMANCE BOND FY 21 /22 PAVEMENT REHABILITATION PROJECT PROJECT NO.: PW 22-01 Bond No. Bond Fee: ("PRINCIPAL") ME 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 22-01, and the Public Works Contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 22-01, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING NO. PW 22-01) which are made a part ofthis bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's I-E-1 Agreement No. 6493 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 22-01 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A, A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; K 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. 6493 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY 20 9 SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I-E-3 Agreement No. 6493 LABOR AND MATERIALS BOND FY 21/22 PAVEMENT REHBAILITATION PROJECT PROJECT NO.: PW 22-01 Bond No. Bond Fee: as principal ("PRINCIPAL") and a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to Contractors, Subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S Subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in FY 21/22 PAVEMENT REHABILITATION PROJECT, SPECIFICATIONS NO. PW 22-01 ("Public Project"), the Public Works Contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 22-01, and the Public Works Contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 22-01), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all Contractors, Subcontractors, and persons renting equipment. I-F-1 Agreement No. 6493 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 22-01, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will be in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 6493 SIGNED AND SEALED this day of , 20 PRINCIPAL's PRESIDENT PRINCIPAL'S SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY'S PRESIDENT SURETY's SECRETARY SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. *Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I-F-3 Agreement No. 6493 SECTION II - GENERAL REQUIREMENTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. RE(i 1 S I"I�-A"I`lON Ol ::ONTR.ACTORS 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 mmCITY , BUSINESS LICENSE Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMERGENCY INFORMATION The names, addresses and telephone numbers of the CONTRACTOR and subcontractors, or their representatives, will be fled with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. FURNISHINCY OF WATER Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of One Thousand Four Hundred Forty -Four Dollars ($1,444.00) to insure against damage to a 2'/2" Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the CONTRACTOR upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the CONTRACTOR, all or any part of said deposit may be retained by the City. An non-refundable Activation Fee of One Hundred Ten Dollars ($110.00) will be charged upon activation of the temporary meter. 5. CAI-IFORNIA OCCI.JPATIONAI.* SAI l rNL.& l I AL°1`11 ADMINISTRATION All work performed under this contract will be done in strict compliance with the Cal -OSHA Rules and Regulations, latest edition. Il-A-1 Agreement No. 6493 6. SOUND CONTROL The Contractor will comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR POLLUTION CONTROL The Contractor is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 8. WORKER UNIFORMS All workers under the employment of the Contractor or his/her Sub -Contractor will wear an orange vest or an orange shirt while working in the public right-of-way. II-A-2 Agreement No. 6493 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD SPECIFICATIONS 0-1 GENERAL Except as modified by these Standard Specifications, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0-2 NUMBERING OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greenbook numbering. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the Greenbook. 1-2.1 ADDITIONAL DEFINITIONS Acceptance — The date on which the City Council accepts the Work as complete. Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors employed by the City. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. City Council - The body constituting the awarding authority of the City, Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. 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. 11-B-1 Agreement No. 6493 Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Engineer or his designated representative. PCC — California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. ❑ (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time of Completion." 1-3 ABBREVIATIONS The following Subsection is added to Subsection 1-3 of the Greenbook. 1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Southern California Chapters of AGC and APWA WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association current edition and subsequent supplements ASA American Standard Association CITY City of El Segundo SSP State of California Standard Plans, current edition SSS State of California Standard Specifications, current edition SECTION 2 — SCOPE AND CONTROL OF WORK II-B-2 Agreement No. 6493 The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. 2-1.1 ACCESS TO PROJECT SITE Not later than the date designated in the current Contract Schedule submitted by the Contractor, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. 2-1.2 OWNERSHIP AND USE _OFwwCONTRACT DOCUMENTS The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 2-3 SUBCONTRACTS Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. II-B-3 Agreement No. 6493 Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor's control over the Work, cancel the contract, or assess the Contractor a penalty of not more than ten percent of the subcontract involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Engineer may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Engineer, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2-3.2 ADDITIONAL RESPONSIBILITY Add the following to Subsection 2-3.2 Additional Responsibility: The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than ten percent (10%) of the Work. 2-4 CONTRACT BONDS The following paragraph is added to Subsection 2-4 of the Greenbook. The Faithful Performance Bond and the Labor and Materials Bond must be paid up and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 6-8.1. 2-5 PLANS AND WWSPECIFICATIONS , Subsection 2-5.1 of the Greenbook is replaced by the following subsection. II-B-4 Agreement No. 6493 2-5.1 GENERAL The Contractor will maintain the following at the Work site; 1. One as -built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As -built plans are to be submitted to the City representative for approval prior to acceptance of the project as complete. 2. The current accepted Contract Schedule, Shop Drawings, Product Data, and Samples. 4. Approved permits from other agencies, including Cal -OSHA permits for trench shoring. 5. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there are no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS 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 II-B-5 Agreement No. 6493 the specifications will be of like effect as if shown or mentioned in both. 2-5.5 (:C1,)RACY Ol" PLANS AND SPECIFIC."ATIONS Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. 2-9 SURVEYING Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: 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 I1-B-6 Agreement No. 6493 County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2-9.3.2 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3-3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3-3.2.2 (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3-3.2.3 MARK UP Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 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 491WA Agreement No. 6493 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 Cl[ANf'iED CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ("changed conditions"), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection 6-11.3, the Contractor will be liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions will include, without limitation, the following: Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law. Agreement No. 6493 The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer's decision, and any dispute regarding that decision, will be made in accordance with Section 6-11 except that the Engineer will render a decision promptly. Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: The information is made available for the Bidders' convenience and is not a part of the Contract. 1 The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. 3-5 DISPUTED WORK Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications. Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents. 4-1.3 INSPECTION REQ J1l 1 MI,--NTS Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4-1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer II-B-9 Agreement No. 6493 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 T ADI"' gAMBITO I LLAI., 5 Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal". For the City's consideration of a proposed "equal" item, the Bidder will submit, a minimum of ten (10) calendar days before, the date of the bid opening, documentation of the particulars of the proposed "equal item". At a minimum, the submitted documentation will include: • Written request with explanation of why the product should be considered as an equal product. • Material specifications. Technical specifications. ■ Test data. Samples. M Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. Il-13-10 Agreement No. 6493 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 MR, I'SPONSI BILI` Y OF QTI l-, I TY 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 CALCULATING IDLE TIME Equipment idle time will calculated in accordance with Subsection 3-3.2.2(c) and based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay. Worker idle time will be calculated in accordance with Subsection 3-3.2.2(a), II-B-I I Agreement No. 6493 6-1 ONSTRUCTION S "I Il 1 ULE AND COMMENCE MI N C �:m:�F ' ),R Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. 1'I-cw�Constructiort MeetjM,.. After contract award, the City will arrange for a pre -construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub -contractors to attend the meeting. 6-1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) days of award. 6-1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 1. Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 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 ITC I C'I" OI C N'FRAC`I' S .I-IE t.JL The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted, II-B-12 Agreement No. 6493 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) days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6-4 CAEFAUL 6m BY CONTRACTOR The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. II-B-13 Agreement No. 6493 6-4.1 GENERAL Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City's interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK The City may terminate the Contractor's control over the Work without liability for damages when, in the City's opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the work completed and in place at the time of termination, less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control, the City may do any one, or combination of, the following: l , Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6-4.3 SURETY'S ASSUMPTION OF CONTROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and II-B-14 Agreement No. 6493 equipment and complete the Work by City's forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. 6-6 DELAYS AND E TE 'SIGNS 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. II-13-15 Agreement No. 6493 6-6.3 PAYMEN'FFOR DELAYS "I O CONTl , C"C 01Z Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6-6.4 WRITTEN NOTICE AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6-7.2 WORK DAYS AND WORKING HOURS City Hall is open from Monday thru Thursday lam -5pm and 7am-4pm on Friday. 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 If the Contractor 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. If the Contractor does construction on a day when City Hall is closed, that day is counted as a project working day. II-B-16 Agreement No. 6493 On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday work restrictions. 6-7.4 NIGHT WORK The following paragraph is added to Section 6-7 of the Greenbook: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6-7.5 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-8 COMPLETION AND ACCEPTANCE Subsection 6-8 is deleted in its entirety and replaced by the following: The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. 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. II-B-17 Agreement No. 6493 6-9 l--IQ)�[,!.lDATED DAMAGES Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and replaced by the following subsections. 6-9.1 FAILURE TO COMPLETE WORK ON TIME If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be $250 per calendar day. 6-11 DISPUTES AND CLAIMS. PROCEDURE 6-11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: I Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 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. II-B-18 Agreement No. 6493 6-11.2 FORM A Claim must include the following: A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. 3. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. c) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written II-13-19 Agreement No. 6493 documentation demonstrating the Contractor's entitlement to such an adjustment. A personal certification from the Contractor that reads as follows. "I, BEING THE (MUST BE AN OFFICER) OF ................ (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES." 6-11.3 CLAIMS SUBMITTED TO ENGINEER Within 30 days after the circumstances giving rise to a Claim occur, the Contractor will 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 I1-13-20 Agreement No. 6493 to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than 10 days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 60 days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. The Engineer's decision on a Claim will include a statement substantially as follows: "This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within 30 days of the date of this decision, the decision will be come final and binding and not subject to further appeal." 6-11.6 APPEAL OF ENGINEER'S DECISION Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within 30 days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 days of the City's final decision. 6-11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non -binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ("AAA") under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. I1-B-21 Agreement No. 6493 6-11.8 ARBITRATION If the City and Contractor do not agree to mediation, then a disputes will be submitted to neutral non -binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. 6-11.9 WHEN ARBITRATION.. DECISION BECOMES „BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. 6-11.10 APPEAL TO SUPERIOR COURT. WAIVER OF JURY TRIAL 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: II-B-22 Agreement No. 6493 (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the city under a contract for a public works project. (B) Payment by the city of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the city. 7-2 LABOR The following subsections are added to Subsection 7-2 of the Green Book.. 7-2.3 PREVAILING WAGES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or c) When the trade can show that it is replacing at least 1 /30 of its membership through apprenticeship training on an annual basis state-wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one II-B-23 Agreement No. 6493 apprentice to eight journeymen, The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-2.4 RECORD OF WAGES PAID: INSPEC"TION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7-3 LIABILITY INSURANCE Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM CL 00 02 01 85 or 88 CA 00 01 01 87 COMBINED SINGLE LIMIT $2,000,000 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. II-B-24 Agreement No. 6493 Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: II-13-25 Agreement No. 6493 CITY CLERK City of El Segundo 350 Main Street E1 Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self -insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self -insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6-10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. II-B-26 Agreement No. 6493 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 E1 Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. II-B-27 Agreement No. 6493 No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: The Contractor will apply for permits required by the City Building Safety Division. 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 orrequired 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. II-B-28 Agreement No. 6493 7-8.1 CLEANUP AND DUST CONTROL Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type street sweeper a minimum of once daily. 7-8.1.2 WATERING Water for the laying of dust caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing a $300 meter deposit and the payment of a $50 service fee, the Engineer will cause a meter to be installed. All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. 7-8.6 WATER POLLUTION CONTROL This section is supplemented by the addition of the following requirements which establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the CONTRACTOR. (c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub - grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. II-B-29 Agreement No. 6493 (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties. (f) No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7-9 PRO FICTION AND RI,,,,'S'I"01ZATi0N OF EXISTING IMPROVEMENTS MENT 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, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771. 7-10.1 TRAFFIC AND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. II-B-30 Agreement No. 6493 At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. One four (4) foot wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two (2)) at each location, one (1) at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). 7-10.2 STREET CLOSURES. DETOURS. BARRICADES Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one (1). Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. Where access to driveway or street crossings need to be maintained, minimum 1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7-10.5 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or 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 II-13-31 Agreement No. 6493 completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 7-15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the Greenbook: For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor, the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3-4 (Changed Conditions) of the Greenbook. 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 II-B-32 Agreement No. 6493 work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the Greenbook. 9-2 LUMP SUM WORK Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9-3.2 PARTIAL AND FINAL PAYMENTS The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. 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 II-B-33 Agreement No. 6493 Contractor's invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Engineer. The City Engineer upon field acceptance and receipt of the final as -built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than thirty-five (35) calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub -contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract. Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow 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 11-B-34 Agreement No. 6493 9-3.3 100-1 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. DELIVERED MATERIALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. TERMINATION OFAGENCYLIABILITY Before receiving final payment, the Contractor will execute a Release on Contract" form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. - END OF SECTION - I1-B-35 Agreement No. 6493 SECTION III — SPECIAL PROVISIONS l-0. (-11 I-:RA1. SCOPE. "I°1M1. 1='t R CO111..1E"l"ION., ANI) LOCH 1I INO 'WOORK 1-1. General wwwSwco e off Work: The work to be done consists of furnishing all labor, materials, tools, equipment and incidental for the construction/installation, complete in place, of street cold milling, street resurfacing (asphalt concrete overlay), full depth asphalt replacement, utility manhole and valve can adjustments, striping, street sweeping, curb ramp and sidewalk construction, and traffic control as described in the Special Provisions. This project will involve asphalt concrete overlay. One lane of through traffic shall be allowed in the construction area at all times. Existing pavement markers and striping shall be removed for the paving and then re -installed once resurfacing has occurred. Catch basins shall be appropriately protected from construction debris, and existing flow lines to catch basins shall be maintained during and after street resurfacing. Contractor shall implement pedestrian and vehicle traffic control to direct the general public away from the project site before and during construction. All work shall conform to all applicable State, local, regional and Federal codes, ordinances, and regulations as prescribed by the City. 1-2. Location of the Work: E. El Segundo Boulevard from Whiting Street to Illinois Street 1-3. Working Dar d I"ime for Completion: Contractor will commence work on date specified in the Notice to Proceed to be issued to the Contractor by City of E1 Segundo Public Works Department and shall complete work within fifty (50) working days after the date of commencement.. 2-0, NOTIFICA]"l( NS The CONTRACTOR will notify all agencies listed here in a minimum of forty-eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE 1. Start of work, James Rice, Public Works Staff 310-524-2316 shutdown of work, Lifan Xu, City Engineers 310-524-2368 III-A-1 Agreement No. 6493 or resumption of Elias Sassoon, Director of Public Works 310-524-2356 work after shutdown 2. Closing of streets El Segundo Police Department** 310-524-2200 El Segundo Fire Department** 310-524-2236 ** The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600 2. City of El Segundo — Water Division 310-524-2742 3. City of El Segundo - Wastewater Division 4. City of El Segundo - Recreation and Parks 5. Southern California Gas Company 6. Southern California Edison Company (SCE) 7. AT&T 8. Time Warner Communication (Cable) 9. Los Angeles County Sanitation District 10. El Segundo Unified School District 2-1. NO PARKING NOTIFICATIONS 310-524-2754 310-524-2707 310-671-9002 310-417-3366 310-515-4430 310-768-0400 Extension 414 310-699-7411 310-615-2650 The CONTRACTOR shall post City -approved temporary NO PARKING notices a minimum of seventy-two (72) hours before the start of operation. The CONTRACTOR shall promptly notify City staff once posting is completed in order to ensure the 72-hour requirement has been met. The dates and times on the signs shall be site specific and shall cover the minimum time required for "NO PARKING" to facilitate construction. Generic long-term "NO PARKING" time designations are not acceptable. Parking shall not be restricted during any period when construction activity is not scheduled at this particular site. 2-2. NOTIFICATION OF RESIDENTS The City will require the Contractor to distribute one (1) "Public Notice" to each resident affected by the construction. Notice must be approved by the City prior to distribution. The notice shall be distributed minimum five (5) calendar days prior to the start of any work. Notice shall be attached to a red information hanger provided by the Contractor and hung on the front door knob of every resident on the project streets. III-A-2 Agreement No. 6493 Notices shall include the project times, dates, working hours, and description of project activities. If any changes occur to project times, dates or working hours, the Contractor will revise and re -deliver the Notice to affected persons. 3-0. MOBILIZATION Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: 1. Obtaining and paying for all required bonds, insurance, permits, and licenses. 2. Completing and submitting required documents as required per specifications. 3. Moving on to the site of all Contractor's equipment required for operations. 4. Providing on -site sanitary facilities. 5. Arranging for and erection of Contractor's work and storage yard 6. Posting all OSHA required notices. 7. Submittal of Construction Schedule, Contractor Contact List, Centerline Tie Inventory, Survey Marking Inventory, and Notices to City staff for City approval 8. Distribution of a City -approved Notice to Business and Residents at least one week prior to construction. 9. Notification of property owners, businesses, residents, and motorists, using temporary traffic warning and safety signage where construction is or will be occurring. Notification shall be furnished by Contractor and shall be distributed seventy-two (72) hours prior to work in that area. 10. Re -notification of all affected parties for all construction schedule changes 11. Protection of utility facilities, landscapes, pavements, structures, and any existing condition and other public property in place during any construction activities. This includes protection of planter boxes and vegetation. 12. Traffic control as required per W.A.T.C.H. manual and CA MUTCD or approved traffic control plans 13. Coordinating with Underground Service Alert (USA) or Dig Alert to mark underground utilities before any excavation 14. Coordination with utility agencies, street sweeper, and waste hauler to avoid conflicts during project activities. 15. Providing Best Management Practices (BMPs) necessary to comply with NPDES requirements. 16. Bringing unforeseen field conditions to City staff s attention in a timely manner 17. Restoration to existing standard conditions or better, of private and public property damaged during construction. 18. Clearing and grubbing, and landscape removal if necessary. 19. Installing and removing of all temporary facilities required for operations. 20. Removal and disposal of any existing unused materials from the project sites. 21. Furnishing temporary water services to maintain water services to consumers at all times. 22. Demobilization 3-1. Clearing, grubbing, and landscape removal shall take place as necessary for all construction activities to occur, including but not limited to Section 300-1 of the Standard Specifications. If applicable, live tree roots shall be inspected by the III-A-3 Agreement No. 6493 Recreation and Parks Department after the surface above them has been removed, to ascertain if tree root barrier installation or full tree removal is necessary. Costs for clearing, grubbing, and landscape/tree root removal shall be included in the bid prices for the different bid items. All such removals shall take place prior to any excavation for construction. Where necessary, the contractor shall replace residential landscaping or sprinklers damaged by construction after construction is complete. 3-2. Underground Service Alert, 1-800-227-2600, shall be contacted and the contractor shall determine the exact location of all utilities prior to beginning excavation and construction. If conflicts are discovered, the Contractor shall notify the Engineer immediately. A detailed description of the depth and location of utility conflicts in relation to the proposed storm drain facilities shall be provided to City Inspector as well as the applicable utility agency. A list of utility agency and waste hauler contact number is included in the Appendix. 3-3. Demobilization shall include all activities for the Contractor to remove all equipment, on -site sanitary facilities, etc. from the project areas after construction is complete. Demobilization shall also include general cleanup activities and punch list items and specific activities determined by the City Public Works Inspector, to repair or replace any private or public facilities damaged by the construction and to return public right- of-way to the same or better condition as that existing prior to construction. 4-0.CONSTRUCTION &DEMOLITION MATERIALS RECYCLING R[',: Ui I REM ENT ; 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 E1 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: 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. III-A-4 Agreement No. 6493 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) 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. I11-A-5 Agreement No. 6493 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. 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 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 III-A-6 Agreement No. 6493 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. htt^ps://wN�%rw lLeg�Jpd. ,, i; /g vernrnexit/departme ts/ )ti li IT- works/tl•ash-rec�cliiig 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. Identify materials that are feasible for salvage, determine requirements for site storage, and transportation of materials to a salvage facility. 1 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 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 III-A-7 Agreement No. 6493 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: butt s:/ vrrvv, 1 t��elc . E / )ovei ni eait/de artrnelItS/ )Lrblic-w r lrash-recycling 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 A. Implement a reuse program to the greatest extent feasible. Options for reuse may include, but are not limited to: l . 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 htt Wwww.lad w.oM/g d/l- coma ;.. 2. California Materials Exchange (Ca1MAX) 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 www.calrecycleca.,gov/Cal MAX. III-A-8 Agreement No. 6493 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: www.habhat.org/restoEas. 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. - END SECTION — 5-0. WORK SCH___ Contractor shall be responsible for providing a workable construction schedule that incorporates the following conditions: 1. The schedule for the work is subject to the approval of the Public Works Department. 2. All work shall take place Monday through Friday between the hours of 7:00 am and 4:00 pm unless previously approved by the Public Works Director, City Engineer, or Project Engineer for any other day of the week. 3. The Contractor shall coordinate all inspections and final sign -offs for permits and the project with Public Works Department and Building Safety staff. 6-0. EXAMINATION OF JOB SITE AND MEASUREMENT, VERIFICATION The BIDDER shall make a detailed physical inspection of the project site before submitting the proposal. It is understood that the BIDDER has thoroughly examined the specifications, sites and conditions under which work will be performed before submitting a proposal and has satisfied himself regarding existing conditions and existing access conditions which may affect bid prices for the proposed work. Measurement Verification: Contractor shall verify all field measurements and determine quantities prior to ordering materials. Contractor shall procure all material and confirm all parts are onsite prior to beginning installation. 7-0. INSPECTION Section 4-1.3 on page II-B-9 of these Specifications is supplemented by the following additional requirements: III-A-9 Agreement No. 6493 On all questions relating to quantities, the acceptability of material, or work, the execution, progress or sequence of work, and the interpretation of specifications or plans, the decision of the Engineer or City Inspector is final and binding, and shall be precedent to any payment under the contract. 2. All work and materials are subject to inspection and approval of the Engineer or City Inspector. 3. Legible copies of material/weight certification shall be turned over to the City Inspector on a daily basis. 4. Inspection of the work shall not relieve the Contractor of the obligations to fulfill all conditions of the contract. 8-0. WORK AREA SAFETY All work shall conform to all applicable State, local, regional and Federal codes, ordinances, and regulations as prescribed by the City. I . The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Occupational Safety and Health of the Industrial Relations Department (CAL -OSHA). 2. The CONTRACTOR shall place and maintain signs, cones, barricades, security fences, and other safety devices as needed for the safety of and the general public, City personnel, and the Contractor. 9-0. (JSE OF PRIVATE PROPERTY Y AND PROTECTION OF EXIS°I"ING IMPROVEMENTS The use of any private property or utilities on private property by the Contractor is prohibited. The prohibited uses include, but not limited to Contractor's use of water, electricity or natural gas from the private property, and storage of material or equipment, and turning around/parking of his vehicles on private property. Existing public and/or private improvements, adjacent property, utility and other facilities and trees and plants shall be protected from injury or damage. 2. Any damage to the facilities, public, or private property that takes place as a result of the contractor's work shall be repair or replaced to the City's satisfaction by the contractor at no cost to the City. 3. Access to driveway shall be maintained at all times for residents, 10-0. STORAGE OFMATERIALS AND EQUIPMENT 1. No material or equipment shall be stored in public right-of-way. III-A-10 Agreement No. 6493 2. The contractor shall be responsible for obtaining a site for storage of material and equipment. The site shall not be within or adjoining the residential areas of the City. Site shall be subject to approval by the City. 3. The sites for stockpiling and batching materials shall be clean and free from objectionable material. 4. The City does not have nor does it guarantee any designated property within the City for storage of materials. If the Contractor finds a private property for storage of his materials, the Contractor shall furnish the City a letter of approval and a letter of release (at the end of the job and cleanup of the storage site) from the property owner for this purpose. I 1-0. DISPOSAL OF REMOVALS There are no authorized dump facilities within the City of El Segundo. All removed material shall become the property of the Contractor and shall be legally disposed of by Contractor at the end of each work day away from the site of work. 12-0, PUBLIC WORKS ENCROACHMENT PERMITS The Contractor will be required to apply and obtain applicable permits from the Public Works. The Contractor's work shall adhere to the City standards and applicable codes including the California Building Code, Plumbing Code, Electrical Code, and Mechanical Code. The Contractor shall call the Inspector at least 24 hours in advance for inspections. All noted deficiencies on permits shall be corrected by contractor. The project will not be accepted as complete until contractor obtains a final sign -off for all permits. 13-0. CENTERLINE TIES AND BOUNDARY MARKERS The Contractor is to verify if there are existing centerline ties or boundary markers in the way of construction and submit such verification to City staff prior to demolition/removal. If they cannot be protected in place, Contractor's state -licensed surveyor is to re-establish them after construction and provide the City with the new centerline tie information at no additional cost to the City. Tie.-Out_andRe-establish Surye wwMoti_gjnents and Bcnchmarks:; In accordance with Section 8771 of the Business and Professional Code, the Contractor will be required to hire a licensed land surveyor to tie out documentation affected by the project prior to commencement of construction and require the land surveyor to file corner records with the engineer; and re-establish and such monuments or benchmarks damaged or destroyed during construction and file corner records with the City of El Segundo Public Works Department after replacement. III-A-11 Agreement No. 6493 14-0. NPDES COMPLIANCE Contractor shall comply with the latest version of the Los Angeles Regional Water Quality Control Board (LA RWQCB) NPDES MS4 Permit for storm water and non -storm water discharges. Contractor shall not discharge or permit to be discharged to any street, channel, river, storm drain, or any appurtenances thereof, any non -rain water or other liquid substance from the project or from operations pertaining to the project site, unless the discharge is specifically listed as exempt or conditionally exempt in the most current MS4 Permit issued by the Regional Water Quality Control Board, Los Angeles Region. Contractor shall implement all necessary Best Management Practices (BMPs) to ensure that any conditionally exempt discharge meets all current requirements of the LA RWQCB MS4 Permit. City may prohibit or restrict any discharge if, in its sole discretion, the discharge is polluting, unsafe, or causes a nuisance condition to be created. Depending on the size of the project and/or construction activities of the project, the Contractor may be required to comply with the State Water Resources Control Board (SWRCB) Construction General Permit (Adopted Order 2009-0009-DWQ and subsequent amendments). Contractor shall refer to the SWRCB Construction General Permit for construction activities covered and be responsible for implementing requirements if subject to the Construction General Permit. 15-0. TREE & TREE ROOTS Tree stump definition: the remaining portion of the tree trunk after a tree trunk has been cut and the majority of the felled tree removed. Tree root definition: the portion of a tree that grows out of a tree trunk and can continue to grow above ground and/or underground, providing the tree with nourishment and support. Tree roots can be any length or diameter. After a tree has been cut down, tree roots continue to extend from the stump. No tree shall be removed from public property without the approval of Recreation and Parks Department and/or as identified in the project plans and specifications. Asphalt pavement significantly damaged by tree roots shall be repaired prior to final paving. The Contractor shall coordinate with City staff for Recreation and Parks Department to assess, after removal, if tree root barrier installation or full tree removal is necessary. The Contractor shall be responsible for removing any remaining tree stump and roots in the parkway, or tree roots in the pavement, as applicable to the project. Any removal necessary for the construction of concrete or asphalt improvements shall be completed before the replacement of the concrete or asphalt. At locations where tree I1I-A-12 Agreement No. 6493 roots are encountered, the Contractor shall cut out tree roots to the full length and width of the new work a minimum of two (2) feet below finish grade. Where tree roots have damaged and uplifted the asphalt to be replaced per these specifications, the contractor shall sawcut beyond the damaged area by a minimum of 6 (six) inches in all applicable directions. Sawcuts shall be parallel or perpendicular to existing curb face. Contractor shall cut all interfering tree roots, and remove and repair the portions of damaged asphalt within the sawcut area. 16-0. CURB DRAIN OUTLETS The Contractor shall reconstruct all curb drainage outlets that fall within the limits of his/her work. Cost of this work shall be included in the other items of work. 17-0. OTHER METER 1.OESw PULL BOXES The Contractor shall make adjustments to all other meter boxes and electoral pull boxes (within the work limits) to match new grade. Cost of this work shall be included in the other items of work. 18-0. TRAFFIC CONTROL. PUBLIC SAFETY. AND CONVENIENCE Traffic control, construction signing, and traffic maintenance shall comply with the provision of Sub -section 7-10 of the SSPWC "Greenbook" Standard Specifications and the current requirements set forth in the California Manual on Uniform Traffic Control Devices published by the Department of Transportation, State of California, the Contractor's Traffic Control Plans and these Special Provisions. 19-0. TRASVI P1CKUP, STREETS WEEP] NGAND MA11, DEl__1VERIES The Contractor shall coordinate with the City waste hauler and the City street sweeper to avoid construction conflicts on days when trash will be collected or streets will be swept on the project streets. If applicable, the contractor must also coordinate with the US Post Office to ensure that mail will be delivered without interruption. The notification to the US Post Office shall be submitted to the City for approval before the notice is sent out. 20-0. COMPLETION Upon completion of work at each site, the Contractor shall conduct careful inspection with the City Inspector and shall correct all defective work to the satisfaction of the Owner. The Contractor shall coordinate all inspections and final sign -offs for Encroachment Permits with City staff. All scrap, litter and debris resulting from operations specified herein, shall be removed and the premises left in a clean and satisfactory condition. III-A-13 Agreement No. 6493 21-0. WARRANTY The Contractor and/or manufacturer shall warrant all work performed under this Contract for a minimum of one (1) years from the date of Owner's acceptance of completed job. Any defects in materials or workmanship appearing during this period shall be corrected without cost to the City. - END OF SECTION - III-A-14 Agreement No. 6493 SECTION IV — MEASUREMENT AND PAYMENT 1-0. BASE BID ITEMS GENERAL, ITEMS (ALL WORK AREAS 1-1. Mobilization/Demobilization aiiel "I`rallic Ccaaiti-ol iD J3jd Ite! The scope of work included under Bid Item 1 shall include the items listed under Mobilization and Traffic Control described in these specifications. All traffic warning signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. Uneven pavement surfaces shall be temporarily ramped per accepted standards until surfaces are brought to final grade. 1-2. Cold null 2" existingg aspl7ql m t_Lncr�te pavement 1I3 , id. f eRl -2.) Measurement for payment for this item shall be billed on a units -completed basis at the contract unit price per unit named in the Bid Schedule, which price shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals needed for doing all work for the removal of existing asphalt concrete, including cold planing, dust control, street sweeping, removal, and disposal of asphalt material. The unit price shall also include removal of vegetation as necessary at the curb line in order to accommodate milling and paving equipment. Vegetation removal shall be conducted using only sharp gardening tools such as hedge trimmers. 1-3. Overlay 2' asphalt concreteimvenient (Base Bid Ifemmm3) Measurement for payment for this item shall be billed for on a units -completed basis at the contract unit price per unit named in the Bid Schedule, for furnishing all labor, equipment, tools, materials and incidentals needed for installation of C2 PG- 64-10 asphalt hot mix including tack coat. Included in the bid price are allowances for pavement replacement for items where it is incidental to. No extra compensation will be made should additional paving need to be done due to Contractor's operations. The contract unit price shall include full compensation for establishing proper flowlines, compaction, joining to existing pavement, and finishing activities. 1-4. Adjust sewer and storm _drain manhole covers to final grade,„Base Bid Item 41 Measurement for payment for this item shall be billed for on a units -completed basis at the contract unit price per unit named in the Bid Schedule, and shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals for adjustment of manholes. Note: contractor shall coordinate with other utility agencies for grade adjustment of any manhole covers other than sewer or storm drain manhole covers. IV -A-] Agreement No. 6493 1-5. Ac%ustl wafter valve covers to Final Z le Base Bid heir 5 Measurement for payment for this item shall be billed for on a units -completed basis at the contract unit price per unit named in the Bid Schedule, which price shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals for adjustment of valve covers. Note: contractor shall coordinate with other utility agencies for grade adjustment of any valve or vault covers other than water valve covers. 1-6, ielmle sti yin. aavement Nnrlrn an pavcn� aroabkerBase ,Bid Item 6" Measurement for payment for this item shall be billed for on a units -completed basis at the contract unit price per unit named in the Bid Schedule, and shall include compensation for furnishing all labor, equipment, tools, materials and incidentals needed to replace striping, markings, and pavement markers to approved standards and their original positions. 1-7. Install_ inductive.loola conductor and apj2 rtenwices Base Bid Item.-" The contract unit price shall include full compensation for all labor, equipment, tools, materials and incidentals needed for installation of inductive loop conductor and appurtenances. Payment for this item will be made on a units -completed basis of the unit price named in the Bid Schedule. 1-& Remove and replace existing -A dkm!]jg!...do not coinply with current ADA sumdards Base Bid Item Measurement for payment for this item shall be billed on a percentage completed basis of the lump sum price named in the Bid Schedule, and shall include full compensation for furnishing all labor, equipment, tools, materials and incidentals needed to perform this work. This item shall include full compensation for procurement and installation of ADA ramps and sidewalk per plans and specifications. This also includes adding the appropriate weakened score joints and truncated domes as shown on the plans and details. Concrete color and finishing shall be per drawings and specifications. 1-9. Au It „t"1r11 _depth removal and r epla emetic Base Bid Item Measurement for payment for this item shall be billed on a units -completed basis at the contract unit price per unit named in the Bid Schedule, which price shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals needed for doing all work for full depth removal and replacement of existing asphalt, including sawcutting, asphalt removal, installation of base, PG 64-10 tack coat, installation of C2 PG 64-10 hot mix asphalt, dust control and other related items. The Contractor is advised to inspect the site to see where areas shall be removed and replaced. IV-A-2 Agreement No. 6493 1-10 Remove and replace raiscd..amsrlt rumble strips Bid Itern 1( Measurement for payment for this item shall be billed for on a units -completed basis at the contract unit price per unit named in the Bid Schedule, and shall include compensation for furnishing all labor, equipment, tools, materials and incidentals needed to replace transverse asphalt rumble strips. 2-0 PAYMENT OF I AN1 ! ORDER ITEMS Payment of any change order item shall only occur if the item is added to the project scope through both a change order agreement and, if necessary, an amendment agreement. Contractor shall check with the City Inspector prior to proceeding with any potential change order work. A written Request for Information shall be provided to the City regarding potential change order work. Additional project work of exactly the same type and scope mentioned under the sections listed above shall apply the bid unit price used by the bidder. Costs for work not similar in type and scope to those listed in the sections above shall be agreed upon by the Contractor and City through a change order agreement. Per Section II-3-4, the Contractor shall inform City inspector of any changed conditions. The City Inspector and the Contractor together shall then record the date the changed conditions were found, the nature of the changes, the measurements taken, the time period for any additional labor, and the number and labor classification of those laborers. This information may be required for determining costs. Any additional work similar in scope as described above and approved as project's change order shall be calculated at the Contractor's unit bid cost. Both agreements shall be completed by the Contractor and the City and the original purchase order updated prior to payments occurring for the change order items. 3-0 PROGRESS PAYMENTS Lump sum items shall be billed on a percentage completed basis. Unit -based items shall be billed on a units -completed basis. The City reserves the right to request a schedule of values to be submitted by the contractor for any or all bid items in order to determine payment for work completed. Five percent (5%) shall be deducted from each progress payment and retained by City until punch lists are complete, the Notice of Completion has been recorded by the County, and all permits are signed off by the appropriate City representative. The remainder less the amount of all previous payments will be paid to the Contractor. Payment of all, or any part, of an estimate in writing may be withheld on account of any of the following: Defective work not remedied; Third -party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors; 1 V-A-3 Agreement No. 6493 Stop Notices; Failure of Contractor to make timely payments due to subcontractors for material or labor; Damage to the City or others for which Contractor is responsible; Failure of Contractor to submit schedules or their updates as required by the Contract Documents; Liquidated damages assessed; Any other failure of Contractor to perform its obligations under the Contract Documents. IV-A-4 Agreement No. 6493 SECTION V — TECHNICAL SPECIFICATIONS PAVING ACTIVITIES 1-1. Cold Milling In accordance with Section 302-5.2, cold milling from gutter or pavement edge to a depth of 2 inches is required, only on the portions shown on the street to be cold milled. The final cut shall result in a uniform surface conforming to the typical cross section. It is the Contractor responsibility to remove all the thermoplastic pavement markings prior to the cold milling operation. Asphalt to be discarded shall be removed from the project site and properly disposed of the same day. The Contractor shall take care that areas shall be sufficiently watered down during demolition as well as construction for dust control. Spillage resulting from material hauling operations along or across any public traveled way shall be removed immediately by the Contractor at no expense to the City. After cold planing, the Contractor is required at all transverse joints, manholes, and all asphalt areas of uneven elevations caused by the cold milling to immediately taper three (3') feet from the edges with cold mix asphalt concrete until the areas can be permanently filled with hot mix. Temporary ramping, where required by the inspector or City staff for traffic control or other purposes, shall be considered included in the price bid for "Mobilization and Traffic Control", and no additional compensation will be allowed. Asphalt shall be installed the same week that cold milling occurs on the same street, unless there is a rain delay. The contractor shall ensure that a second asphalt company can provide the asphalt materials should there be any reason the primary supplier cannot deliver the materials. If the contractor cannot guarantee that asphalt paving will occur on a street within the required time frame, no cold milling will be allowed to take place on that street until it can be scheduled as described. City streets are not to be left unpaved for more than three working days. Contractor shall be required to provide documentation that the asphalt material collected from the grinding process is recycled and diverted from the landfill. This documentation may be in the form of weight slips from a known recycling facility or a verifiable letter from the end -user. Any documentation submitted must contain accurate quantities in either tons or cubic yards. Failure to provide such documentation may be grounds to withhold final payment. Contractor's attention is directed to the condition that if the presence of pavement fabric, petromat, rubberized material or steel reinforcement within the depth to be cold -milled is encountered, Contractor shall inform the inspector or City staff immediately. Pavement fabric, petromat, rubberized material, or steel reinforcement shall be completely removed and disposed of appropriately. Agreement No. 6493 At all locations where an overlay pavement is joining or overlaying existing asphalt pavement, the Contractor shall cold mill existing pavement to provide straight neat lines and feather the new pavement to form a smooth transition with the existing pavement. This condition is particularly required as locations where the project joins the existing pavement. The Contractor will also be required to match the existing pavement elevations. The final cap transition between the streets must be smooth and neat in appearance, including the radius points. The Contractor shall thoroughly inspect the work site in advance of the cold milling operations to minimize the risk of striking any metal roadway improvements such as sewer, communications, storm drain manhole covers, water and gas valve covers since these utilities were not marked on plans provided in these specifications. Care shall be exercised not to damage adjacent concrete curbs or gutters. Curb or gutter damaged due to cold milling work shall be replaced as approved by the inspector or City staff at the Contractor's expense. The contractor shall restore any existing area drainage when replacing curb. Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by street and manual sweeping and properly disposed. No washing of residue into drainage structures will be allowed. All catch basins and curb inlets shall be covered, utilizing the best management practice (BMP) which most appropriately fits the situation, and as approved by the City Engineer. The Contractor shall also make every effort to control all dust created by his operations by utilizing the Best Management Practice approved by the State Water Resource Control Board. 1-2. ASPHALT CONCRETE OVERLAY Work to be performed under this item shall conform to Section 300 of the Standard Specifications and these Special Provisions. Asphalt concrete hot mix, C2-PG 64-10, shall conform to applicable Subsection 203 of the provisions of Section 200 of the Standard Specification and these Special Provisions. The viscosity grade of paving asphalt shall be PG 64-10. Tack coat shall be PG 64-10. This work shall consist of furnishing, spreading and compacting a minimum 2" thick asphalt concrete pavement surface course. This work shall also consists of applying paint binder (tack coat) to the existing pavement surface and vertical surfaces to be joined. Joining existing pavement shall be done to the satisfaction of the City Inspector. The finished edge of the new pavement at gutter plate shall be no less than 'A" and no greater than 3/8" above the existing gutter plate. Where new paving joins existing paving, Contractor shall grind down the existing surfaces twelve (12) inches back from the joint line so there will be sufficient depth to provide a minimum of one (1) inch of asphalt concrete. Join line shall be straight and edges vertical. V-A-2 Agreement No. 6493 Contractor shall be responsible for verification of grades prior to installation of asphalt hot mix paving. Contractor shall guarantee positive drainage in all areas. All areas which retain standing water will be corrected as directed and approved by the City at no expense to the City. All properly established sheet flow & flow line slopes and grades shall remain the same after paving as before unless an existing ponding problem is noticed and brought to the inspector or City staff s attention prior to cold milling. After paving has been installed and compacted, Contractor shall spray water over the entire paved area and correct any areas where water collects and does not drain away. The contractor will ensure that the asphalt is ready before allowing traffic through newly paved areas. Subsection 203-6 of the Standard Specifications is supplemented by the following: Asphalt concrete proposed for use on the project, when tested in accordance with Test Method California No. 360 (Method A), shall show a surface abrasion loss not exceeding 15 grams. Subsection 302-5.5, "Distribution and Spreading," of the Standard Specifications is supplemented and amended by the following: Spreading: With approval of the Engineer, the Contractor may be allowed to deposit the asphalt concrete material from bottom dump trucks into a uniformly sized window to pick up the material and convey it into the paving machine by an elevating device (CoCal, Clark Co., or equal). Such paving procedures will be limited to long straight runs. Turn pockets, side street intersections, etc., shall be paved by depositing asphalt concrete material from delivery trucks directly into the paving machine hopper. If approval for the bottom dump operations is given, the Contractor shall furnish a rubber tire skip loader for distribution of any misplaced material. Mechanical Spreading Machine: The spreading machine described in Paragraph 6 shall be a crawler equipped (track laying) type, self-propelled spreading machine except on steep grades or on areas of unstable subgrade. It must be 17 feet wide. A fully automatic screed will be required for this project. The fully automatic creed shall be a sled, 30 feet in length, on the side of the machine that will receive the next mat of material. A joint maker, ski, etc., placed on the side of the machine to ride on the existing or previously constructed surface or mat of asphalt concrete material may be required by the Engineer or his designee. Rolling operations shall comply with Section 302-5.6. If areas adjacent to speed bumps, dips, and cross gutters or any other asphalt surface are significantly changed after paving so as to impede or otherwise negatively affect driving conditions, those areas shall be corrected by the contractor at no additional V-A-3 Agreement No. 6493 1-3 1-3.1 cost to the City. Methods of correcting these areas shall be approved by the City Public Works Department prior to their implementation. Contractor shall provide the Public Works Department with a complete set of asphalt tickets for each day of paving. MANHOLE, VAULT COVER, AND VALVE COVER ADJUSTMENT Contractor shall complete all City -owned manhole, vault cover, and valve cover frame and cover set adjustments to the new finished grades in accordance with Section 301-1.6 of the Standard Specifications. Buried manholes, vault covers, and valve covers shall be located with metal detectors prior to grinding, and the appropriate agencies informed by the Contractor's superintendent. The Contractor shall coordinate with all applicable utility companies prior to grinding and paving activities for the possibility of adjusting manhole, vault, and valve covers during paving activities. The remaining utility companies shall be notified of the Contractor's schedule by the Contractor's superintendent in order to allow for raising of their manhole covers, vault covers, and valve covers immediately after paving is completed. The Contractor shall coordinate with the West Basin Municipal Water District (WBMWD) regarding their utility adjustments, prior to beginning any work. Their contact is: Sergio Nunez - Operations Technician sergion@westbasin.org Office: 310-660-6261 Cell: 424-531-5578 Adjust Manhole to Grade In areas where the existing pavement is to be capped with an asphalt overlay, and where the manhole structure meets the following criteria: • The manholes are either flush with the existing pavement, or o The manholes project less than two inches above the A.C. surface prior to capping. These manholes shall be paved over and later adjusted to grade as specified herein. Before replacing frames and covers, the Contractor shall clean the frames and covers of residual debris from new and old pavement or surface treatments. Asphalt concrete used for paving around manhole shall be Type C2-PG 64-10 (1/2" sieve size) with 5.6 percent binder. The Contractor shall be responsible for furnishing, placing, and maintaining barricades or other traffic control as necessary to protect the public from any danger due to the work being done. V-A-4 Agreement No. 6493 l -3.2 Adjust County Sanitation District Manhole Covers to Grade When applicable that County Sanitation Districts (CSD) manhole covers must be adjusted to new grade because of re -grading and/or resurfacing over the manholes, the work will be done by CSD in conjunction with the Contractor responsible for the re -grading and/or resurfacing work pursuant to the following procedures: l) The Contractor shall notify CSD's superintendent of Maintenance at (310) 638-1161 a minimum of three (3) working days prior to the start of any work involving CSD manhole covers. 2) If grade over manhole cover is to be lowered: a. The Contractor shall furnish and deliver a temporary steel plate of adequate thickness and size approved by CSD for the manhole. b. The Contractor shall excavate around the manhole to a depth and distance outside of the manhole as required for CSD to remove the manhole frame and cover. c. CSD will remove the manhole frame and cover and the interfering portion of the manhole shaft and place the cover plate over the manhole. d. The Contractor shall store and protect the frame and cover and fill and/or pave over the cover plate to final grade. e. The Contractor shall remove the pavement and/or fill as required for CSD to raise the manhole cover to final grade. Pavement and/or fill shall be removed to a minimum depth of not less than 6 inches below final grade and 12 inches around the manhole if the cover plate is more than 6 inches below final grade. f. CSD will raise the manhole cover and set the frame and cover to final grade. g. The Contractor shall backfill and compact and complete the pavement around the manhole cover. 3) If grade over manhole cover is to be raised: a. The Contractor shall fill and/or pave directly over the manhole frame and cover to final grade. b. Repeat steps e. through g. of Item 2 above except when grade is to be raised more than 2 feet. In such case, the Contractor shall excavate around the manhole to a depth and distance as determined by and required by CSD to remove and reconstruct the manhole shaft with the required taper. The Contractor shall be responsible for furnishing, placing, and maintaining barricades and lights, and installing temporary asphalt ramping as necessary to protect the public from danger due to the work being performed. 1-3.3 Adjust Water Valve Cover to Grade This item shall specifically include adjusting of water valve cover to the grade after completion of the overlay or reconstruction, in accordance with Subsection 301-1.6 "Adjustments of the Manhole Frame and Cover Sets to Grade," and 302-5.8, "Manholes (and other Structures)," of the SSPWC, except as modified supplemented herein. Agreement No. 6493 • The term "Valve Cover" shall be interpreted as including the sleeve, frame and cover set for City water valves. • City -owned valve covers shall be adjusted to grade in a similar manner to manholes. • After the pavement has been completed, the necessary portions of the pavement and base shall be neatly removed, and the valve cover shall be adjusted to the new finished grade as specified in Subsection 302-5.8 of the SSPWC. 1-4. STRIPING AND MARKINGS, PAVEMENT MARKERS Any striping and pavement markers removed or damaged or to be re-striped/touched- up during construction shall be replaced in kind or better. The Contractor prior to start of work shall make an accurate inventory of existing lane striping, crosswalks and pavement markings, including blue fire hydrant markers. Replacement striping shall be thermoplastic. Existing striping that does not fit MUTCD standards could be aerial survey or city boundary markers, and shall be brought to the Inspector's attention prior to any removal. 1-4.1 Temporary Striping Contractor shall place temporary striping after the base course of asphalt pavement has been completed, in the same configuration as the existing permanent striping so that traffic can be returned to normal patterns. This striping shall be considered temporary and is the Contractor's responsibility to place and maintain. Contractor shall place temporary dribble lines within 24 hours after paving, and place permanent striping between five (5) and seven (7) calendar days after paving. 1-4.2 Permanent Striping At the preconstruction conference, the Contractor shall submit to the City an inventory of existing striping, pavement markings, and reflectorized and raised pavement markers in the project area. Upon approval of the inventory, the Contractor shall reinstall striping, pavement markings, and reflectorized pavement markers in accordance with the approved plan. Any striping and pavement markers removed or damaged during construction shall be replaced in kind or better. Contractor shall use thermoplastic for the re -installation of all project striping and pavement markings. Application of Thermoplastic, Thermoplastic Pavement Markings, words, arrows, crosswalks and limit lines, shall be in accordance with Caltrans Standard Plan Nos. A24A through A24E, unless otherwise noted. Contractor shall install traffic striping, markings, arrows, messages and raised pavement markers, etc. to match pre-existing markings and markers unless directed otherwise in this section of the bid documents. The Contractor shall remove all thermoplastic markings and raised pavement marking before street work. V-A-6 Agreement No. 6493 All work and materials shall conform to the requirements of the Caltrans Standard Specifications, latest Edition, and the latest edition of the Caltrans Traffic Manual. Contractor shall furnish and install traffic delineation and markings using paint "Cat Tracking", temporary marking tape, removable reflective tabs, or other approved media on the same working day as existing stripes and legends are lost, including but not limited to bicycle lanes, stop bars, lane lines, to match pre-existing markings. The Contractor is required to complete permanent traffic striping within five (5) working days after final paving has been completed. Reflective tabs should be completely removed and properly discarded once striping has been installed. Markings, such as stop bars and legends, speed limit markings, and symbols that are partially covered or obliterated shall be installed with thermoplastic in their entirety in conformance with Caltrans Specifications. These markings shall be brought to the Public Works Inspector's attention prior to re -installation. Markings and striping on adjacent streets that may need to be touched up after paving; for example, crosswalks that are partially in the paving area, shall be brought to the Public Works Inspector's attention before the striping crew is demobilized. 1-5. LOOP DETECTOR REPLACEMENT Loops shall be installed on the same day in which the loop slots are cut. This shall include placement of the loop conductors and slot sealant. Detector loop locations shall be inventoried and documented by the contractor prior to paving, approved by the County of Los Angeles Department of Public Works, or designated representative, in the field prior to installation. 1-6. ASPHALT REPAIRS - PAVEMENT REMOVAL AND REPLACEMENT Asphalt to be repaired shall be saw cut for removal, with sawcut boundaries either parallel or perpendicular to the curb face or property line. Where a series of cuts are made, regardless of the spacing between individual cuts, the series shall be treated as a continuous open trench and the pavement repair shall be continuous across all cuts. Pavement repair shall consist of 6 inches of ''/z-inch-maximum State mix over a minimum 6-inch crushed aggregate base. C2 PG 64-10 asphalt and tack coat shall be used. New asphalt shall be feathered to meet existing asphalt, and shall also meet any applicable concrete at a reasonable height and slope to allow proper drainage. All asphalt concrete pavement shall conform to Section 203-6 of the Standard Specifications and as shown on the plans. Paving shall occur after backfill with and compaction of appropriate materials has occurred to the approval of the City Public Works Inspector. Paving rollers shall be on the job site before any paving is started. The final height of the paving next to new gutter shall not be more than '/z-inch high. The Contractor shall be responsible for bringing to the City's attention any additional asphalt required for proper drainage prior to placement of new asphalt. If improper V-A-7 Agreement No. 6493 asphalt placement occurs, detrimentally affecting drainage, the contractor shall remove and replace the asphalt at no further cost to the City. Base material for the reconstruction of the pavement shall be in accordance with Subsection 200-2.2 of the Standard Specifications. A tack coat of PG 64-10 paving asphalt shall be uniformly applied to the surface to be paved. The surface shall be free of water, foreign material, and dust when the tack coat is applied. - END OF SECTION - V-A-I Agreement No. 6493 APPENDICES Appendix A — Construction and Debris Recycling Forms for the City of El Segundo (included as part of Section III, Special Provisions) Appendix B — PW 22-01 Project Location Map Appendix C — Concrete Curb Ramps and Signing & Striping Plans Appendix D — Caltrans Paving Markings & El Segundo No Parking Sign Standard Drawings V-A-2 Agreement No. 6493 V-A-3 Agreement No. 6493 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. Step 1. Com lete 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. Option 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). Ototion 2.' 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. Step 2. Submit Forms to Public Works Forms PW-A and PW-B (or PW-131) must be submitted to your Public Works Project Manager and approved prior to commencing work. Ste : 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 Corms that win automaticauy caicuiate waste generation, aisposai, and diversion based on the data entered. Rev. 12/4/2020 Agreement No. 6493 FORM 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 munci al pr2jects subject to compliance, or projects on public oro pert .. 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) I USE FORMS PROVIDED BY EL SEGUNDO COMMUNITY DEVELOPMENT DEPT F7Land Clearing (trail, grading, etc,) D Other Estimated Project Start Date: Estimated Project End Date:. Request for Exemption: F-1 (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 PW OFFICE USE ONLY - Approval Status Approved Further Explanation Needed Reviewed By Date Denied Exempt Due to Infeasibility Date Rev.12/4/2020 2 Agreement No. 6493 FORM PW-B City of Ell Segundo Date: Public Works Department PW Project Manager: (310) 524-2300 PW Project Name: FORM PW-B - PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS This form myst be gorggleted and approved or a dernofitfon / building ermit 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: 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 a business d s p,rJA[;Ao fNr�al ans ectioa�. Print Name ature Date Rev. 12/4/2020 Agreement No. 6493 FROM PW-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 be completed and a roved or a demolition I builddn rmit will not be issued. 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, vtood, inetal, concrete, as,lihatt, drywalf, cardboard, mixed C&D TONS Reused/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/Landfilled/Transformed Transfer station, landfill, orSERRF Generated (total of above) CUBIC YARDS Facilities to be Used 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 S business days prior to final ins ect�ion, Print Name Signature Date Rev.12/4/2020 3-A Agreement No. 6493 Form PW-C City of El Segundo Public Works Department (310) 524-2300 Form PW-C - Post Project Summa Project Name: Project Address: Contractor Name: Project Manager: Project Number: 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. If you used one of the City's authorized haulers or facilities, complete this section, then skip to the SIGNATURE section below. used to meet the recycling requirements. Weight tickets are attached, (List haulers and/or facilities that were I. 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 14 Other (reused on site) TOTALS M1 ) Please enter disposal and diversion totals for each item below, according to letter. Totals reported must match those listed in Section I: TOTAL GENERATED (A) TOTAL OIVERTED:::::::(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. 6493 Form PW-D City of El Segundo Wid� Public Works Department y� (310) 524-2300 Project Name: Contractor Name: Project Number: Form PW-D - Exemption Re uest 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. 6493 V-A-4 Agreement No. 6493 C a 6 a> > N co uj n o (D 9 C O C O M N — (n O cn CO r is Ouelpul �f � u a y Is sloullll 1 E a s a E a Q > c LUE iS srsUQH " Goa H W > 4 W LU c W W LL 9 y u w }S rlpaolllaD w w > w IS uobaJp w IS rpanvH d dC 0 38 JaLuaa M W e as nwlrAung a os;. is puelR,ryp E 4 w IS V;lwe-1 LU 00 W 3S C',�Ja�s 1S uuod a is 40pla4s } H! 4 IS ssajdAD Q > u±" V IS r"DIV LU u ap %nadAjw:)n3 IS pnapugis C 1S jaddad w iS ulaW _ �u arpa�251, 4S puolu4ol!j a y ll 7 IS paoSUo3 > > �,r Q Q Q $ 3S eaul0Jlh > a v"a> a c u h IS OUM4M � n 4 a 3 0) 3S auuoAre' a t4 N 3 3 a+ l a 1S rislh ewol a u E �S �taprA 3 d CL � ,fir. nxwmmamo.w,u@" IS asaa3111H 0 ai 7 h Dune st � .. � l ..« 'll"O a is 40pla4s } H! 4 IS ssajdAD Q > u±" V IS r"DIV LU u ap %nadAjw:)n3 IS pnapugis C 1S jaddad w iS ulaW _ �u arpa�251, 4S puolu4ol!j a y ll 7 IS paoSUo3 > > �,r Q Q Q $ 3S eaul0Jlh > a v"a> a c u h IS OUM4M � n 4 a 3 0) 3S auuoAre' a t4 N 3 3 a+ l a 1S rislh ewol a u E �S �taprA 3 d CL � ,fir. nxwmmamo.w,u@" IS asaa3111H 0 ai 7 h Dune st � .. � l ..« 'll"O Dune st � .. � l ..« 'll"O Agreement No. 6493 ►VA&M i N lk it t 6 CI w, oh Yl� -1 _J J, j J Yll V I I [!"J [j 8 G LLI 0 0 0 U > (L LU z J w (L JLL LU 0 NCH Z'b 2 LL 0 �Z- CL Z a 2 >. LU LU U) IL 1117 w U) ....... P, >I ti S t f ti t it Q, x 6 2 �lf U 8 d W, ILI 5 "t 7i, Ei d ly, z4 z 0<0 Z z Lu Ln 0 -j z WILD S ❑ LL H 0 LU -j z LU < o�Nl �, UU2 LU rrc ....... ...... . dm� . . ............ .. ......................... "zi 7�� w7l U) U) m. �11 �v' , D _—j < Lu CD LU LU rW z 0 Of < 0 c) 2icr -1 -1 ID 0 U LU 6 ................ . l o l ICy .......... W Lij 19T fl A reement No. 6493 z 40 '. w I" J 00F z II11LL HW day �, 0 0Jui NJ ....... rLLI Z� Z w U �• F W, rni#' "� 71, CO.., .. f ^.❑oo m� O 2 z z i t Q P 0 Elf�;.'�"! ___ —_ r•r �' ❑ CAD ;�d W ,e..,. wLO a3 yr. 3 z J W W J LU cl z a `r W � Of U) �} 03 w ff '' ,� ❑Of z 7 p p Q OLLJ '' ' x j LU cn Li IS MJOONOO N f ✓p � ar i � d)j w 'iS aaooNoo 4� nYw O ��` r� ire ..:�,''d� " :.��+'''° ° ` a � r �" w" � ❑ U rF W z "/A` t?� LU ❑ t Ca Ui Q ui LU r �y J ri K l V � N 5✓ ` f C n o p CaX n ry C ri n J• W so is (J"' '1�..� } . }I�.��.wdY VAS r✓tiw_.� .«� /' �l' � IV i. _ 1-:0 3 1 A 0 Im !:Sas Mil I 14101MIN U) Acqreeme weeme t r4o. b4yjo z 0<01, ." , III IaI3 z D z > � Lu 0 Jou Z ui L - < . ..... . LL LU HuQZ H u U Z, ui D h.. so UJ y: 1 —7- w II Cad W. < 0 ilk tl 2, ri L"i 41 Ir 17 "i A,' n r) M, M 11.1 ri'l, M z . ..... .. .. DNII HOIVW IHOIH 3A08V 236 rjl. 9Nn Hoivw ViaaHG3BS 91 ZMS3@6 9NII HOIVW C) — ------ < (D z D co 14, 0 0 -T Z D w A U) LLJ < IL 41 U) 3Nn H IHSW 9A i1v v 'ji 0) m T P" x n 511 It [l m itl 2: "31 reement No. 6493 ❑ rp LLJ LU U) z 0 w 0 U) J L*L] z LLI 11 U) < U) IHEIIH AAOSV 29S ca ci Agreement No. 6493 am-11 03 W V-A-6 Agreement No. 6493 . ....... . . . . . ............ . ......... ---- --- ------ 2018 STANDARD PLAN A20A 04 Li N Ali ul �p UJ Z J Z M t E w 0 UJ w —JQ Ci uj spy Z z z L) LU LLJ cr ILI 1> w� �u ow J, LU LIN z C.D Ln (n z w W !61! 0 E5 0 15 0 z uj 0 -jP75 z LIE 6 0 Z Li 6 c 0.1 z V) Ln z 6 _j ;7 LU z X -< z Ln cli IL 0 z cz V) LLI V) Li LL, -z Li z z 6 0 M -AE3 ui 0 0 0 0 w w 0 w 0 w OR w 0 I Agreement No. 6493 2018 STANDARD PLAN A20B Z LU ca j V) 61 > ;7 w N4 6 3 w . ............. 0: uj u le I 11L LAI Z ZO F- Lu + iD z z LU — z LU L > 2 Ln— LL .............. . .............. . ...... C-) w '153hS ONIM a LL w M V) 6 Ll 41 it < w w rz 6 TO .a 0 J-i w z 6ffpj. In 3 in 7 ZO w La U,-j Ul 6 0 0 Ld w w V) z z W z Ld Ld 0 M M4 M w uj < w ui 7H IR r e, al 0 A cr as � V) Ftn Ld w z 0 z :E 0 w 0 Z C.D W L) w w x ww Ln w w zw w u w cli CD w w Ld w w Ld Ld 0 0 0 0 0 0D M 13 8 oa CUICS , I ANUAKU PLAIN A%. Agreement No. 6493 d... ! ° ....,�...0 c ° o� a �6 E� x ° w m L EL -s 0 0Li a a 'a d M a Li r w <d g Iz 14 N z 0 L) U w In It w z a IL 0 M 0 w z -i J t! N w w w 8 Q ._..—. o W w oa wi _V .......... _�..., .; � S z � U. cai N LL Z QQ z ea i �J o a u y®* w w QZF' 0 a�1 y�y w M p�" a Lu w !ATM L i H IL J. a � w w - w w w z Y S Z> Q cr w z -Iz - J s 0 $ m < ....J...._. J o _ w o - U w o w i e i w i i °;. Z I �M - - oa • oa J J wv �o F i Agreement No. 6493 ........... . .. . 2018 STANDARD PLAN A20D ...... .... ....... Z 0 z 04 *E w UJ LU Z u, a E oE t E S ui zl �- - ES w K 2 DO 2 MO WU 0 Id E ai uw v6 (L LL Ix H2 0 z = Lu s i �2 6 LL- w M w w cr w > W—i Er < z EL M CL w UJ z F- > V) z —1 w _j W L) u w Lli F-- > V) z w —i L� IL w cr 0 w > W Ir z uj uV) V) z m, w a W L) LU a- 10 LL cr Ld v, z w 0Er 0cr uj It LL� 12 a- w w EL Er uj Lo w z 0 V) v) z81 Lu wawa W- Cr t LLJ N�% 0 E. > WLL (L w gmF m v) 0 LIj I.E. AA OW LIj V) cr V) z V) V) z z z 02 00 F- u z z L) V) w w ~ x Ir w w x crV) w w w w z Iz C) _j D D LLJ z 0 ❑ W 0 W Z a w W < uj z Lj -j Iz Z z OF z W z W z w L) w w v) El z z4ti w uj 0' El ID m ca 'o rn < Lu Ld w uj uj Lu u —Z Agreement No. 6493 2018 STANDARD PLAN A20E uj z 0 C-i Ell 0 (00) U) UJ idsz Ul Z Ir ZI CC -J Z 2 Lu U. U. cc 6 Z 4 0 0, w uj M U. r I Ir Ul cc >OJ Z lu LL .......... LL c L ZI E u Zulu , I N A 24A Agreement No. 6493 Jp . ._ O d" -. a . .......... n R Qw n Ld M t ; a + L La w m- E o v � z 9a le m 0 ff —E . u T l.o w LL� i I 17 Agreement No. 6493 2018 STANDARD PLAN A248 Agreement No. 6493 6 STANDARDf �LA-i� � �4C- 19 Agreement No. 6493 2018 STANDARD PLAN A24D 20 18 STANDARD PLA Agreement No. 6493 �1,:JJJTJ� V)w u FS R 1411-'121L'-'-, 16=12 1 zl�-Iwlml MIrsuplAp, um I 21 2 gwo ww w wu 8 LLI LLI O �3 u Agreement No. 6493 ri M . . .. ...... . IVAHD PLAN A24F CL 22 Ll. 0 E Agreement No. 6493 _... ........... ZQlU STANDARD PLANA74 o y ® o WWc Q a w } < <¢ O a Z tl V 103 A.:A W s o° i �.m g co 00 o� EL ® e m. S311 VA — oz Hu u o 41 IN n > m P7 Y M 1 a s a Q r . WCL m AN >- : 9 .»gym 44 � e p Fu y gz Agreement No. 6493 L _co 12 11 �ORAR," Y l Q: W N F- PA R KI N GJL. 'j-j f- ( DAY ) ( DATE ) ( TIME) COLOR LEGEND SIGN SHALL BE LIGHT REFLECTIVE AND BE RED MADE OF WATER RESISTANT STIFF CARDBOARD WHITE OR OTHER STIFF DURABLE MATERIAL. DESIGN BY: P.B. CIENGINEERING DIVISION APPROVED BY: CITY OF EL SEGUNDO, CALIFORNIA a a-�a j 11 -14- -8`t DATE: 1 1• 7- 89 City Engineer: R.E. 2 8 0 9 Date DRAWN BY: Y.B. 'TYPICAL STANDARD DRAWING DATE: I1.13. 89 TEMPORARY NO PARKING SIGN -1