CONTRACT 6559 Public Works ContractAgreement No. 6559
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
STEPHEN DORECK EQUIPMENT RENTALS, INC.
MARIPOSA AVE. / INDIANA ST. VAULT COVER REPAIR
PROJECT NO.: PW 22-19
This CONTRACT is entered into this ,14th day of October, 2022, by and between the
CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and
STE l-mlEN DORECK EQUIPMENT RENTALS INC. , a California corporation ("the
Contractor").
WIMST14
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 THIRTY-
SlX Tl 1OUSAND ONE HUNDRED SEVENTEEN DOLLAR'S AND FIFTY-SIX CENTS
($36,117.56) for the Work in the manner set forth in the Contract Documents. The City may
3
adjust this amount as set forth in the Contract Documents.
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Agreement No. 6559
3. TIME FOR PERFORMANCE,.
A. The Contractor will fully complete the Work within twenty-five (25) working
days (the "Contract Time.")
B. The Contract Time will commence when the City issues a Notice to Proceed. The
Contract Documents will supersede any conflicting provisions included on the
notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the Contract
Documents; and
ii.. The City gives the Contractor a written, signed, and numbered purchase
order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract
Time is reasonable for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
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.
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Agreement No. 6559
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
of insurance coverage to be maintained by the Contractor as required by the Contract
Documents, and any approval of such insurance by the City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to contract for similar service to be
performed for other employers while under contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits the City provides for its employees. Any provision in
this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect
to all services and matters covered under this Contract. The City will have free access at all
reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
The Contractor will retain such financial and program service records for at least three (3)
years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The Cijy
City of El Segundo
350 Main Street,
El Segundo, CA 90245
Lifan Xu, City Engineer
(310) 524-2368
Ixu@elsegundo.org
The Contractor
Stephen Doreck Equipment Rentals, Inc. 9075 Telegraph Road
Pico Rivera, CA 90660
Catherine R. Doreck, President
(562) 949-4949
cal. eb iii,eu�i �doreckconstr Lictiora.co�ro
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the
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Agreement No. 6559
time of actual delivery. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will continue
in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract and
to engage in the actions described herein. This Contract 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.
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Agreement No. 6559
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and
year first hereinabove written.
CITY OF EL SEGUNDO
" — --- . . ... . ......
Darrel George
City Manager
ATI"6 T:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. - LEY, City Attorney
By: _................ -N
Joaquin Vazquez,
Deputy "'ity Attar y
Insurance Reviewed by:
1
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GENTRY GENERAL
ENGINEERING, INC.
-6 A 4 0 t I -t"t �-
Catherine R. Doreck
President
Taxpayer ID No. ' 5 zq y
Contractor State
License No.:. ................
„
Contractor City Business
License No.:
Agreement No. 6559
Doreck Construction
General Contractor Lic # A665471
9075 Telegraph Road
Pico Rivera, CA 90660
TEL (562) 949-4949 - FAX (562) 261-5038 -Cell (562) 733-8821
UNION CONTRACTOR ***********CERTIFI'ED SMALL BUSINESS
D ui.R. N00,0L' lu 133 06/30/ ')
GHANGE 01ZIDERREQUEST VE' (IIII'
To: City of El Segundo C.O.R. No.: 0Z'1.,°II -01
350 Main Street Date: 816/2I'
El Segundo, CA 90245 Dayi: 1Ret°4ii.iuested: 4,
Attention: Floriza Rivera
Location: Grand Avenue and Center Street Water Main
Scope: Replace Vault Access
Duna Ilm n # Item Descriptions
Qty
Unit
Per Unit
Total
Line Item 1
Provide labor, material and equipment to demolish
existing vault deck and install two door vault lid door as
requested by customer. Restore job site back to existing
condition.
1
LS
36,117.56
$ 36,117.56
Line Item 2
-
-
$ -
$
Line Item 3
Line Item 4
Line Item 44
-
-
$ -
$ -
Line Item 45
-
$ -
Line Item 46
-
$ -
Line Item 47
-
-
$
$ -
Line Item 48
Line Item 49
-
$
Line Item 50 -
Total Amount
$ -
$ 36,117.56
Stephen Doreck Equipment Rentals, Inc..
City of El Segundo
Contractor Approval: ;Va�& Customer Approval:
Pablo Viramontes - Estimator
PLEASiE CIi....Ip......1..0 " ol J HAVE I'[R!':.E C IL. III W':: IL Ph III;
THANK YOU
Agreement No. 6559
Location: O Unit Unit. Px Bid Unit Px
11 L.S 36,117.56 36,117.56
Provide labor, material and equipment to demolish existing vault deck and install two
door vault lid door as requested by customer. Restore job site back to existing
Line Item 1
condition.
8 PER DAY
0.125
Labor
oreman
1.79
3 Laborers
3.00 636.40
5,727.60
1 Operators
3.00 837.36
2,512.08
0 Operator Maintained Backhoe
0.00 1,480.00
0.00
0 Labor Only - Tie -Ins or Hot Taps
0.00 4,818.32
0.00
Machinery/
1 Rental Backhoe
3.00 350.00
1,050.00
Vehicles/
1 Job Trucks
3.00 150.00
450.00
Equipment
1 Dump Truck
3.00 760.00
2,280.00
1 Dump Fees
1.00 400.00
400.00
0 Water Truck
0.00 475.00
0.00
0 Skid Steer
0.00 275.00
0.00
0 Forklift
0.00 350.00
0.00
1 Compressor
2.00 125.00
250.00
0 Sweeper
0.00 1,600.00
0.00
4,430.00
Expendable
1 Materials (Pipe, Fittings, Etc.)
9,176.50 871.77
10,048.27
Materials
0 Sand
0.00 12.20
0.00
0 Base - CAB / CMB / 3/4" Rock
0.00 21.08
0.00
Sales Tax i
0 Cold Mix
0.00 78.13
0.00
9.50%
0 Asphalt
0.00 50.13
0.00
0 Concrete - Loads
0.00 950.00
0.00
0 Slurry - Loads
0.00 950.00
0.00
10,048.27
Subcontractc
0 Grind and Cap
0.00 0.00
0.00
0 Striping
0.00 0.00
0.00
1 Concrete Contractor
150.00 40.00
6,000.00
0 Subcontractor Other
0.00 0.00
0.00
6,000.00
Sub -Total - Labor
10,674.96
Sub -Total - Material & Equipment
14,478.27
Sub -Total - Subcontractors
6,000.00
OH Mark -Up - Labor
20%
2,134.99
OH Mark -Up - Mat. & Equi
15%
2,171.74
OH - Subcontractors
5%
300.00
Sub -Total
95,79
Agreement No. 6559
+r.ouuuuuum ' tlfl IIIII
6580 South McCarn-an Blvd- Ste. D-2
amwfllx tdw�tr Reno. NV 89509
(775) 240-8006
where 5"Vely Meets ourabi tyP
Job Name
ElSugundo
Water DC
Qty Item
I ZBAR Vault Lid
I rVAS-SL60UPA
Freight Charge
Estimate is valid for 30 days!
Quote
Date Quote No.
6/24/2022 1396
Please note that VAS is a Nevada based
company and we do not collect out of state
sales tax. All applicable sales tax is the
sole responsibility of the purchaser.
Additionally, a 25% deposit is required for
first time out of state purchases and
balance is due upon completion, before
shipment. Thank you!
Terms Rep
Pre Pay Rick H.
Description Price Each
46" x 81" Two Door Vault Lid, H-20, 3/8"
Structural Ribs, Hinged, Torsion Assist, Bolt
Down, Recessed Lock Hasp w/ Bolts, SS Self
Locking Safety Arms and l/4" x 12" Z-Bar Style
Frame, 1/2" x 4" Nelson Studs, Powder Coated
Zinc Rich Epoxy and Gray Anti -Skid
VAS Standard Steel Ladder 18"W x 60" H, Non
Slip Rungs w/ SUP -A Alutninum Safety Up Post,
Powder Coated Safety Yellow
Freight to El Sugundo, CA
8-10 weeks after receipt of 25% Deposit and
approved submittal drawing
Sales Tax - Out of State
Total
Approval Signature Date
6,475.00
1,501.50
Originated By
Rick
Total
6,475.001'
1,501.50T
1,200.001 1,200.00
0.00% 1 0.00
$9,176.50
Agreement No. 6559
Rick
From: Rick
Sent: Monday, July 18, 2022 10:14 AM
To: Rick
Sent from my iPhone �S
Agreement No. 6559
Below Ground -Access Retl•t Fit Initiator
WIMP
St ffi+ r IDfD m tiorl
P,MV'¢maar 5"ym Yy�p� Meea �rnw,me.�adoa,�"T'
6580 NlcQirran Blvd, Reno NV 6/16/2022
Phone: (775) 240-8006 wv
A
CUSTOMER NAME OR COMPANY NAME:
PROJECT.•
Doreck Construction
El Segundo Water, DC
CONFINED SPACE:
CONTACT NAME:
Rick Hernandez - General Superintendent
MOBILE #: DESK #
310.892.8766 562.949.4949
E-MAIL ADDRESS.
rick@doreckco ii strttction.c()aat
..........
B
THE FOLLOWING (4) CATEGORIES REQUIRE VERIFICATION TO DETERMINE YOUR SPECIFIC
CLASSIFICATION FOR EACH RETRO FIT LOCATION. (Please check the following "box")
1. TRAFFIC SURFACE SPEED
I I Over 25 Mph
n/a C-i Less than 25 Mph
2. ACCESS LOCATION
1 Street or Roadway
Sidewalk
I I Planter Area
1 Parking Lot
I Alley Way
I I Other
C
Fill in Measurements (Existing Foundation Frame)
B 48" BX
Reader Door # 1 E n/a F
Reader Door # 2 E2 F2
Recessed Probe Hole:
A -(How many) c n/a __
B- What DIA. (Please check one)
3. LOAD RATING REQUIRED
n Pedestrian. Rated - 300 lbs
I I H— 0 0) - 10, 000 I bs
X H— (20) - Occasional
L H— (44) - Direct Traffic
C I Other
4. VAULT ACCESS COVER STYLES
X Hinge Cover (s)
Drag Off Cover (s)
DQQR HINGE SIDE
A A
❑ 3-1/8" DIA. ❑ 4-1/8" DIA. ❑ 4-5/8" DIA. ❑ 4-5/8" DIA. Neptune Offset ❑ Other:
D. .....
ing
Filling in the "X" andoundan ea r me nts below
send heck l tote box nnext to imum o 2 �GE most representing your existing
f f P f open and I closed.
•-X
N
LI
Embed Steel Frame
(Fill in Measurement)
X
n/a
Y
Agreement No. 6559
Doreck Construction
El Segundo Water, DC Located in the sidewalk on the S/E corner of Mariposa & Indiana
ZBAR - H-20 - 2 door hinged on 471/4 ends - Removable beam - Anti Skid Grey - build to ID of 82 1/2" x 471/4"
Interior leveling bolts
Recessed Lock Hasp
Nelsen Studs only- no rebar
Bolt down
Top coat grey
1 - 5' ladder with safety up post
Notes for Install;
Remove sidewalk from around fixture from the wall of building to the curb, from the handicap ramp
back east to where the City inspector is requesting -4 panels. remove/cut the existing top of the pour
in place vault, set new fixture into vault, level anchor then pour concrete back up to the new fixture..
cover top of new fixture so concrete does not stick to anti skid surface.
Agreement No. 6559
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT FAITHFUL PERFORMANCE BOND
MARIPOSA AVE. / INDIANA ST, VAULT COVER REPAIR
PROJECT NO.: PW 22- l 9
Bond No. 2299628
Bond Fee: $520.00
TEPt-[EN 11 :lRWt,."1 '1 I.�IPCv FNT RENTALS 1NC,. ("PRIINCTPAL") and
Swiss Re Corporate Solutions America Insurance Corporation _y a corporation incorporated
under the laws of the State of Missouri 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 THIRTY-SIX
T IOUSA"" D ONE HUNDRED SEVENTEEN DOLLARS AND FIVI-y-SIXCENTS
($36,117.56), 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 AND PLANS NO. PW
22-19, and the public works contract executed with such Specifications. In the case of any
default in the performance ofthe 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 AND PLANS NO. PW 22-19, a copy of which .is on file with CITY's
Engineering Division (".Public Project"). Such performance will be in accordance with CITY's
plans and profiles which are made a part of this bond when said plans and profiles are approved
by the City Council and filed with CITY's Engineering Division. CITY has estimated the
required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
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Agreement No. 6559
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 SPEC CATIONS AND PLANS NO. PW 22-19 or of the
obligation to be performed will in any way affect its obligation on this bond, and it waives notice
of any such change, extension of time, alteration or modification of the contract documents or of
the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following two (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing
this bond to do so;
B. A certificate issued by the county clerk for the county in -which
SURETY's representative Is located conforming with California
Code of Civil Procedure § 995.640 and stating that SURETY's
certificate of authority has not been surrendered, revoked 1
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.
SM,
Agreement No. 6559
SIGNED AND SEALED this 10th day of November 2022
Stephen Doreck Equipment Rentals, Inc. Sw,vis rporate Solutions America Insurance Corporation
7
d�, k _ SURETY s U 1 Y
-11�r1,L'���19�.,I:SII.,IENT � ° "' ShaunnaRozelleOstrom,Attorne-In-Fact
Yx1.NUIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
SURETY'S SECRET4P.Y
SURETY'S MAILING ADDRESS:
Stephen Doreck Equipment Rentals, Inc. Swiss Re Corporate Solutions America Insurance Corporation
9075 Telegraph Road1450 American Lane, Suite 1100
_
^
Pico Rivera, CA 90660
Schaumburg, IL 60173
NOTE: (1)
(2)
ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 6559
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On November 14 2022 before me, Sylvia Situentes(Notary Public
(insert name and title of the officer)
personally appeared Catherine R. Doreck and Pablo Viramontes ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)A#/are
subscribed to the within instrument and acknowledged to me that Vf J fl`/they executed the same in
"Y ' p/their authorized capacity(ies), and that byhjp/",r/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
SYLVIA SIFUENTES
Notary Public - California
Los Angeles County
Commission k 2419640
Signature (Seal) mm.
r, MY CoExpires Oct 7, 2026
Sylvia attes ��
y (Notary Public)
Agreement No. 6559
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document„
State of California
County of Orange )
On 11/10/2022 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be .the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
�;.'��`' f�fEN �sS�4,Nf+� �Acc�aRo
WITNESS my hand and official sea[. I A CC
ua K—; .
Notary Public aadfornia
w ; ORANGE COUNTY kL
My Comm. Expires May 12
a•
Signature (Seal)
Melissa Ann Vaccaro
Bond No. 2299628
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC')
GENERAL POWER OF ATTORNEY
KNOWALL MEN I'I"r CI ESE PRESENTS, THAT SRCSAIC, a corporation drily organized and existing under laws of the. State o'f'Missouri, and
having its principal office in the City of Kansas City, Missou-4 and SRCSPIC, a corporation organized g of
" d 1 p y y p � ned slid existing tinder tl��ic laws s of Stag
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organised under the laws of Oie State of Missouri. and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
DANIEL HUCKABAY, ARTURO AYALA, DWIGHT REILLY, SHAUNNA ROZEILLE OSTROM, FRANK MORONES,
MICHAEL D. STONG, BEN STONG, R. NAPPI, CHELSEA L.IBERATORE, ADRIAN LANGRELL, and BENJAMIN WOLFE
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
ONE HUNDRED TWENTY-FIVE MILLION ($125,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the l'btlowing Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 1 llth of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
' ideiit, the � or any Assistant
l�I �if:]LVIa"Il„ that any two o1"tlie President, any Managing Director, any Senior Vice i'aesiden4, any Vice 1 res "Scelet�ii°y y
Secretary be; and each or any of there hereby is., authorized to execrate a Power of Attorney qualit;ying the attorney named in the givexr Power of
Attorney to execute on behalt°of the Corporation bonds, undertakings and all contracts of surety, wid that each or any of theirs hereby is authorimd to
attest to the execution of"any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bindinrr aiuon the Corporation when Sir affixed and in the future with reeard to anv bond, undertaking or contract of surety to which it is attached."
ly
IErr'dN.. Janssens, Senior Vice President of SRC; AIC & Senior Vice President
of SRCSPIC & Senior Vice President or W IC
I3'y'
Gerald Jagrowski, Vice President of SRCSAIC & Vice President of SRCSPIC
& Vice President of WIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 day of NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ss Westport Insurance Corporation
On this 10 day of NOVEMBER . 20 22 , before me, a Notary Public personally appeared lITmmrAk Jana ;tars, , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and tat i°rrltl Iti ;rows,ki ,Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
CrESCIALSFAL
+GFtS�TL'kw Mu1/1d+1I�t
�' _ I esa citit 1y A tans ecrejA r o � rti
I, Jeffrey�ro9C9bcr�a the duly elected �;oaaiior w "tc,.-,?t_ Ci ° a �l �.° 2. f SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a tme and correct copy of Power of Attorney given by said SR[ SAIC and SRCSPIC and WIC„ Which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Cornpanies this 10th day o (. overnber",, 20 22
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
Agreement No. 6559
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT LABOR AND MATERIALS BOND
MARIPOSA AVE. / INDIANA ST. VAULT COVER REPAIR
PROJECT NO.: PW 22-19
Bond No. 2299628
Bond Fee: Included in Performance Bond
�mm... insurance Corporation
S �IN�'�..... as principal (��PPldt„°lI'"" l„") as�rl
"I"ELPijf"fil DQL1 L"t"% E tJ1P'l 11 N'I° l�lsl l
Swiss Re Corporate Solutions America i._... a. corporation incorporated under the
laws of the State of Missouri -_---and licensed by the State of California to
execute brands and undertakings as sole surety, as surety ("SUR:P'Y"°),, are held and i"tranly
bound unto the CITY OF EL SEGUN ("CITY") Y„) in the sum of T I1RT ,SI.X "I"I.IOtJSAND
ONE IIUNDRI+D SEVENTEEN DOLLARSAND FIFTY -SEX CENTS ($36,117,5 ), lawfid
money of the United States, which may be increased or decreased by a rider hereto executed in.
the same manner as this bond, lbr the payment of which sutn PR;INC]"PAI.. 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 MARIPOSA AVE. /
INDIANA ST. VAULT COVER REPAIR, SPECIFICATIONS AND PLANS NO. PW 22-
19 ("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 AND PLANS NO. PW 22-19, 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 apart 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
thereon.
Agreement No. 6559
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code (" BSMC„)
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS AND PLANS NO. PW 22-19, 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.
Agreement No. 6559
SIGNED AND SEALED this loth day of November
Stephen Doreck Equipment Rentals, Inc, r� Swiss R
Pll
lit ESLP w,N
PRINCI�I/A 's SECRETARY
PRINCIPAL's MAILING ADDRESS:
Stephen Doreck Equipment Rentals, Inc.
9075
�w.... Telegraph ra h R�.. oad .....
Pico Rivera, CA 90660
22
Solutons AmeAca Insurance Corporation
S A»%RI',TYs PAM&WOM Shaunna Rnzelle Ostrom, Attomey-In-Fact
SURETY's SECRETARY
SURETY's MAILING: AD DRESS:
Swiss Re Corporate Solutions America Insurance Corporation
1450 American Lane, Suite 1100 ....._ .
Schaumburg, IL 60173
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (l) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
Agreement No. 6559
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On November 14, 20�22before me, Sylvia Sifuentes(Notary Public
(insert name and title of the officer)
personally appeared Catherine R, Doreck and Pablo Viramontes ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)A#/are
subscribed to the within instrument and acknowledged to me that YY ? , /they executed the same in
Pjoftfltheir authorized capacity(ies), and that by )a M /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
*my
YLVIA $IP't9ENTEN rya Public , California
Los Angeles County
nature eaSi �� Sl Commission # 2419640
g ) ' Comm. Expires Oct 7, '2026
Sylvia en s (Notary Public)
Agreement No. 6559
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
L-validitv of that document.
State of California
County of Oranl
On 11/10/2022 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
a Z' MELISSA ANN VACCARO
WITNESS my hand and official seal. M COMM. #2401942
Notary Public -California w
ORANGE COUNTY a
My Comm, Expires May 12, 247Ci
Signature (D (Seal)L_P�V���
ssa Ann Vaccaro
Bond No. 2299628
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC')
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
DANIEL HUCKABAY, ARTURO AYALA, DWiGHT REILLY, SHAUNNA ROZELLE OSTROM, FRANK MORONES.
MICHAEL D. STONG, BEN STONG, R. NAPPI, CHELSEA LIBERATORE, ADRIAN LANGRELL, and BENJAMIN WOLFE
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of
ONE HUNDRED TWENTY-FIVE MILLION ($ [25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
`'RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
any
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
ine unoll the Corporation when so affixed and in the future with reeard to anv
4f B", 11
,YI x �tlYYy
�ts pr'ti. \�lA � �`' �Y!I'� al.� �u P' r�d Ay dr�✓
bond, undertaking or contract of surety to which it is attached."
rti9c. J'natissensx.
Senior Vice President of SRCSAIC &Senior Vice President
µ
of SRCSPIC & Senior Vice President of WIC
�a'"
1973 �
f�SCb
���.•IL
��AkPMx u xnnd,xk5
Gerald Jagrowsld, Vice President of SRCSAIC& Vice President of SRCSPIC
& Vice President of W IC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 day of NiVL iB12 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook Es Westport Insurance Corporation
On this 10 day of NOVEMBER 20 22 , before me, a Notary Public personally appeared 1,Wrik Jarrlkqljl ,Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jailrowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
w �-
t7rfs'rC7'dAi4 ZZ
i t1 tl t11 t MA
:0F
rt
I, Jeffre , G'LId1 irre. the duly elected Senior elf rx s dj tll Anti A isi,,! ant A: of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power. ofAttomey given by said SRC AIC and SRCSPIC and WIC, which is still in full force and effect,
® ...'... b'cr 20 22 .
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Ccmpanies this lOthday ofoc..,,,,, ,
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
Agreement No. 6559
No. 3208-6
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
r174f:14 w111Zr�
Amended
Certificate of Authority
THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California,
Swiss Re Corporate Solutions America Insurance Corporation
of Missouri, organized under the laws of Missouri, 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:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation,
Boiler and Machinery, Burglary, Sprinkler, Automobile and Aircraft
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 7' day of June, 2022,
I have set my hand and caused my official seal to be affixed this
rh day of June, 2022.
Ricardo Lara
Insurance Commissioner
By Valerie J. Sarfaty
for Catalina Hayes -Bautista
Insurance Chief Deputy
NOTICE:
Qualification with the Secretary of Staie must be accomplished ay required by the California Corporations Code promptly after
issuance of this Certificate of Authority. Faiiure to do so will be a violation of Insurance Code section 70I and will be grounds
for revoking this Certificate of Authority pursuant to the covenants *trade in the application therefor and the conditions
contained herein.
Agreement No. 6559
CONTRACT DOCUMENTS
PLANS & SPECIFICATIONS
FOR
MARIPOSA AVE. / IN I , A ST.
VAULT COVED. REPAIR
PROJECT NO.: PW 22-19
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
350 MAIN STREET
EL SEGUNDO, CA 90245
310-524-2300
Agreement No. 6559
TABLE OF CONTENTS
SECTION I — LEGAL
A. NOT USED
B. NOT USED
C. NOT USED
PAGE
D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT I-D-1 TO D-5
E. FAITHFUL PERFORMANCE BOND
F. MATERIAL AND LABOR BOND
I-E-1 TO E-3
I-F-1 TO F-3
I-B-2
Agreement No. 6559
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. STANDARD SPECIFICATIONS II-B-1 TO B-34
0-1
STANDARD SPECIFICATIONS
II-B-1
0-2
NUMBERING OF SECTIONS
II-B-1
0-3
MODIFICATIONS
II-B-1
1-2
DEFINITIONS
II-B-1
1-2.1 ADDITIONAL DEFINITIONS
II-B-1
1-3
ABBREVIATIONS
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-6
2-9.3.2 MEASUREMENT AND PAYMENT
II-B-7
3-3.2.2 BASIS FOR ESTABLISHING COSTS
II-B-7
3-3.2.3 MARK UP
II-B-7
I-B-3
Agreement No. 6559
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
PAGE
II-B-8
II-B-8
II-B-9
II-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-13-17
II-B-17
II-13-17
II-B-18
II-B-18
II-B-18
II-B-18
II-B-18
II-B-19
I-B-4
Agreement No. 6559
SECTION H — GENERAL REQUIREMENTS (Continued)
6-11.3 CLAIMS SUBMITTED TO ENGINEER
6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY
6-11.5 DECISION ON CLAIMS
6-11.6 APPEAL OF ENGINEER'S DECISION
6-11.7 MEDIATION
6-11.8 ARBITRATION
6-11.9 WHEN ARBITRATION DECISION BECOMES
BINDING
6-11.10APPEAL TO SUPERIOR COURT; WAIVER
OF JURY TRIAL
7-2.3 PREVAILING WAGES
7-2.4 RECORD OF WAGES PAID; INSPECTION
7-3 LIABILITY INSURANCE
7-3.1 GENERAL
7-3.2 INDEMNIFICATION AND DEFENSE
7-5 PERMITS
7-8.1 CLEAN UP AND DUST CONTROL
7-8.1.1 GENERAL
7-8.1.2 WATERING
7-8.6 WATER POLLUTION CONTROL
7-9 PROTECTION AND RESTORATION OF
EXISTING IMPROVEMENTS
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 TRAFFIC AND ACCESS
7-10.2 STREET CLOSURES, DETOURS, BARRICADES
7-10.5 PROTECTION OF THE PUBLIC
7-15 HAZARDOUS MATERIAL
9-2 LUMP SUM WORK
9-3.2 PARTIAL AND FINAL PAYMENTS
9.3.3 DELIVERED MATERIALS
100- 1 TERMINATION OF AGENCY LIABILITY
PAGE
II-B-20
II-B-21
II-B-21
II-B-21
II-B-22
II-B-22
II-B-22
II-B-22
II-B-23
II-B-23
II-B-24
II-B-24
II-B-24
II-B-27
II-B-28
II-B-28
II-B-28
II-B-28
II-B-28
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-34
II-B-34
I-B-5
Agreement No. 6559
SECTION III — SPECIAL PROVISIONS
PAGE III-A-1 THRU III-A-19
APPENDICES
Appendix 1— City Map
Appendix 2 — Typical No Parking Sign — El Segundo Standard ST-18
Appendix 3 — Construction and Demolition Recycling Forms
Appendix 4 — Water Facilities Approved Materials and Standard Plans
:r
Agreement No. 6559
THIS PAGE LEFT BLANK
Agreement No. 6559
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
[CONTRACTOR]
MARIPOSA AVE. / INDIANA ST. VAULT COVER REPAIR
PROJECT NO.: PW 22-19
This CONTRACT is entered into this day of , 20 ,
by and between tfie CITY OF EL SEGUNDO, a general law city and municipal corporation
("the City") and , ("the Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the
"Work"). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed
Dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City
may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within one hundredthirty-five (135)
I-D-2
Agreement No. 6559
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:
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.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
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
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Agreement No. 6559
Documents, and any approval of such insurance by the City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to contract for similar service to be
performed for other employers while under contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus, or similar benefits the City provides for its employees. Any provision in
this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect
to all services and matters covered under this Contract. The City will have free access at all
reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings, and activities.
The Contractor will retain such financial and program service records for at least three (3)
years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The Qjjy
Lifan Xu
City Engineer
City of El Segundo
350 Main Street,
El Segundo, CA 90245
(310) 524-2368
The Contractor
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the
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.
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Agreement No. 6559
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 parry is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will
be construed as both covenants and conditions, the same as if the words importing such
covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and
year first hereinabove written.
CITY OF EL SEGUNDO
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Agreement No. 6559
Darrell George
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Lo
Joaquin Vazquez,
Deputy City Attorney
Insurance Reviewed by:
Taxpayer ID No.
Contractor State
License No.:
Contractor City Business
License No.:
Agreement No. 6559
FAITHFUL PERFORMANCE BOND
MARIPOSA AVE. / INDIANA ST. VAULT COVER REPAIR
PROJECT NO.: PW 22-19
Bond No.
Bond Fee:
("PRINCIPAL")
and , a corporation
incorporated under the laws of the State of and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 22-19, 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 22-19, a copy of which is on file with CITY's Engineering
Division ("Public Project"). Such performance will be in accordance with CITY's plans and
profiles which are made a part of this bond when said plans and profiles are approved by the City
Council and filed with CITY's Engineering Division. CITY has estimated the required amount
of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
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Agreement No. 6559
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("BSMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 22-19 or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following two (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing
this bond to do so;
B. A certificate issued by the county clerk for the county in which
SURETY's representative is located conforming with California
Code of Civil Procedure § 995.640 and stating that SURETY's
certificate of authority has not been surrendered, revoked,
cancelled, annulled, or suspended, or in the event that it has, that
renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement No. 6559
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
20
SURETY's PRESIDENT
SURETY'S SECRETARY
SURETY's MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 6559
LABOR AND MATERIALS BOND
MARIPOSA AVE. / INDIANA ST. VAULT COVER REPAIR
PROJECT NO.: PW 22-19
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 MARIPOSA AVE. /
INDIANA ST. VAULT COVER REPAIR, SPECIFICATIONS NO. PW 22-19 ("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 22-19, 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
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Agreement No. 6559
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("BSMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 22-19, 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]
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Agreement No. 6559
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL's MAII.ING ADDRESS:
20
SURETY's PRESIDENT
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 6559
SECTION H - GENERAL REQUIRE' MENTS
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL SPECIFICATIONS
No bid will be accepted from a Contractor who has not been licensed in accordance with the
provisions of the laws of the State of California relating to licensing of contractors, for the type
of work to be performed under this Contract.
2. INSURANCE AND CITY BUSINESS LICENSE
Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License
before execution of the construction contract.
3. EMERGENCY INFORMATION
The names, addresses and telephone numbers of the CONTRACTOR and subcontractors,
or their representatives, will be filed with the City Engineer and the City Police Department
BEFORE PERFOR ZING WORK.
4. FURNISHING OF WATER
Water necessary for the prosecution of the work as herein specified will be furnished by the City
in the following manner:
The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of One
Thousand Four Hundred Forty -Four Dollars ($1,444.00) to insure against damage to a 2 1/2"
Fire Hydrant water meter which will be furnished and installed by the City at a point convenient
to the site of the work. This deposit will be refunded to the CONTRACTOR upon completion
of the Project if, after removal and inspection of said meter by the City, it is found to be in
satisfactory condition. In event of damage to this meter while under the jurisdiction of the
CONTRACTOR, all or any part of said deposit may be retained by the City.
A non-refundable Activation Fee of One Hundred Ten Dollars ($110.00) will be charged upon
activation of the temporary meter.
5. CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
All work performed under this contract will be done in strict compliance with the Cal -OSHA
Rules and Regulations, latest edition.
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Agreement No. 6559
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.
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Agreement No. 6559
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS
0-0 STANDARD SPECIFICATIONS
0-1 GENERAL
Except as modified by these Standard Specifications, the provisions of the latest edition
of the "Standard Specifications for Public Works Construction" and its supplements
prepared and promulgated by the Southern California Chapters of the American Public
Works Association and the Associated General Contractors of America, constitute the
Standard Specifications for this project.
0-2 NUMBERING OF SECTIONS
The numbering contained within the Standard Specifications of the Contract Documents
is intended to correspond with Greenbook numbering.
0-3 MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the Greenbook,
the Contract Documents take precedence.
1-2 DEFINITIONS
The following subsection is added to Subsection 1-2 of the Greenbook.
1-2.1 ADDITIONAL DEFII;ITIONS
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.
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Agreement No. 6559
Due Notice - A written notification, given in due time, of a proposed action where such
notification is required by the contract to be given a specified interval of time (usually 48
hours or two working days) before the commencement of the contemplated action.
Notification may be from Engineer to Contractor or from Contractor to Engineer.
Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless
otherwise provided, all correspondence and decisions made relative to the contract will
be by the City Engineer or his designated representative.
Greenbook — The most recent edition of the Standard Specifications for Public Works
Construction.
PCC — California Public Contract Code.
Prompt - The briefest interval of time required for a considered reply, including time
required for approval of a governing body.
Public Works Director — The City's Public Works Director, or designee.
❑ (Check if applicable) State Standard Specifications - State of California Standard
Specifications, dated July 1992, Business and Transportation Agency, Department of
Transportation
Working Days - A working day is defined as any day, except Saturdays, Sundays, legal
holidays and days when work is suspended by the Engineer, as provided in Subsection
6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time of
Completion."
1-3 ABBREVIATIONS
The following Subsection is added to Subsection 1-3 of the Greenbook.
1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook:
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APWA American Public Works Association
ASME American Society of Mechanical Engineers
IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
Green Book The most current edition of the Standard Specification for Public Works
Construction, and subsequent supplements prepared by Southern
California Chapters of AGC and APWA
WATCH Work Area Traffic Control Handbook
SPPWC Standard Plans for Public Works Construction by the American Public
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Agreement No. 6559
Works Association current edition and subsequent supplements
ASA American Standard Association
CITY City of El Segundo
SSP State of California Standard Plans, current edition
SSS State of California Standard Specifications, current edition
SECTION 2 — SCOPE AND CONTROL OF WORK
The following subsections 2-1.1 and 2-1.2 are added to the Greenbook.
2-1.1 ACCESS TO PROJECT SITE
Not later than the date designated in the current Contract Schedule submitted by the
Contractor, the City will provide access to the real property and facilities upon which the
Work is to be performed, including access to real property and facilities designated in the
Contract Documents for the Contractor's use.
2-1.2 OWNERSHIP AND USE OF CONTRACT DOCLJM.ENTS,
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
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Agreement No. 6559
original subcontractor.
Subcontracting of work for which no subcontractor was designated in the original bid,
and which is more than one-half of one percent of the work, will be allowed only in cases
of public emergency or necessity, and then only after a finding reduced to writing as a
public record of the City Council setting forth the facts constituting the emergency or
necessity.
Violation of any of the above provisions will be considered a breach of the Contract, and
the City may terminate the Contractor's control over the Work, cancel the contract, or
assess the Contractor a penalty of not more than ten percent of the subcontract involved.
All persons engaged in the work, including subcontractors and their employees will be
considered as employees of the Contractor. The Contractor will be solely responsible for
and have control over construction means, methods, techniques, sequences, procedures,
and the coordination of all portions of the Work. The City will deal directly with, and
make all payments to, the prime Contractor.
When subcontracted work is not being prosecuted in a satisfactory manner, the
Contractor will be notified to take corrective action. The Engineer may report the facts to
the City Council. If the City Council so orders, and on receipt by the Contractor of
written instructions from the Engineer, the subcontractor will be removed immediately
from the Work. That subcontractor will not again be employed on the Work.
If licensure or proper licensure is controverted, then proof of licensure pursuant to this
section must be made by production of a verified certificate of licensure from the
Contractors' State License Board which establishes that the individual or entity bringing
the action was duly licensed in the proper classification of contractors at all times during
the performance of any act or contract covered by the action. Nothing in this subdivision
requires any person or entity controverting licensure or proper licensure to produce a
verified certificate. When licensure or proper licensure is controverted, the burden of
proof to establish licensure or proper licensure is on the licensee.
2-3.2 ADDITIONAL RESPONSIBILITY
Add the following to Subsection 2-3.2 Additional Responsibility:
The Contractor will submit experience statements for each subcontractor who will
perform contract work that amounts to more than ten percent (10%) of the Work.
2-4 CONTRACT BONDS
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
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Agreement No. 6559
in effect for one year after the acceptance of the job by the City in accordance with the
guarantee required by Subsection 6-8.1.
2-5 PLANS AND SPECIFICATIONS
Subsection 2-5.1 of the Greenbook is replaced by the following subsection.
2-5.1 GENERAL
The Contractor will maintain the following at the Work site:
One as -built copy of the Plans and Specifications, in good order and marked to
record current changes and selections made during construction. As -built plans
are to be submitted to the City representative for approval prior to acceptance of
the project as complete.
2. The current accepted Contract Schedule.
3. Shop Drawings, Product Data, and Samples.
4. Approved permits from other agencies, including Cal -OSHA permits for trench
shoring.
5. All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the Work.
The Contract Documents are intended to be complementary and cooperative and
to describe and provide for a complete project. Anything in the Specifications
and not on the Plans, or on the Plans and not in the Specifications, will be as
though shown or mentioned in both.
Payment for any items on the plans for which there are no specific bid item will
be included in the various items of work or in any item to which it is appurtenant.
If the Contractor performs any work which it knows or should know involves an
error, inconsistency, or omission without notifying and obtaining written consent
from the Engineer, the Contractor will be responsible for the resulting losses,
including, without limitation, the costs of correcting defective work.
2-5.2 PRECEDENCE OF CONTACT 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
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Agreement No. 6559
followed in preference to the plans to a small scale. Should it appear that the work to be
done, or any of the matters relative thereto, are not sufficiently detailed or explained in
the Contract, the Contractor will apply to the Engineer for such further explanations as
may be necessary, and will conform thereto as part of the Contract so far as may be
consistent with the terms thereof. Any items shown on drawings and not mentioned in
the specifications will be of like effect as if shown or mentioned in both.
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and existing
utilities that may affect the cost of the Work will be shown on the Plans or indicated in
the Specifications, the City does not warrant the completeness or accuracy of such
information.
The Contractor will carefully study and compare each of the Contract Documents with
the others and with information furnished by the City and will promptly report in writing
to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or
inconsistencies with applicable law observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor before
commencing the Work. Errors, inconsistencies, or omissions discovered at any time will
be promptly reported in writing to the Engineer.
2-8 RIGHT-OF-WAY
The following subsection is added to Subsection 2-8 of the Greenbook.
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
When the Contractor arranges for additional temporary work areas and facilities, the
Contractor will provide the City with proof that the additional work areas or facilities
have been left in a condition satisfactory to the owner(s) of said work areas or facilities
before acceptance of the work.
2-9 SURVEYING
Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following
subsection:
2-9.3 SURVEY SERVICE
2-9.3.1 CONSTRUCTION SURVEYING
The Contractor will provide for all construction surveying required to layout, monitor
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Agreement No. 6559
and complete the work. The surveying will be performed by a Land Surveyor or Civil
Engineer authorized to practice land surveying by the State of California.
The Project Benchmark is shown on the plans. The Contractor will establish all
necessary control lines based on the plans and record information on file with the County
of Los Angeles Surveyor and the Engineer.
It is the responsibility of the Contractor to protect the survey control as shown on the
plans. If the survey control is destroyed or disturbed during construction, the Contractor
will provide for resetting them and file appropriate documents with the County of Los
Angeles at the direction of the Engineer.
Computations, survey notes, and other data used to accomplish the work will be neat,
legible, and accurate. Copies of all computations, survey notes, and other data (electronic
format may be required) will be furnished to the Engineer before beginning work that
requires their use.
2-9.3.2 MEASUREMENT AND PAYMENT
Construction Survey — Unless a separate bid item is provided, payment will be
considered included in the other items of the bid and no additional payment will be made
therefore.
3-3.2.2 BASIS FOR ESTABLISHING COSTS
Subsection 3-3.2.2 (c), Tool and Equipment Rental is modified where the second and
third paragraphs are replaced with "Regardless of ownership, the rates to be used in
determining the equipment usage costs will not exceed those listed for the same or
similar equipment in the California State Department of Transportation publication of
Labor Surcharge and Equipment Rates effective for the period of usage."
3-3.2.3 MARK UP
Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following
subsection:
(a) Work by Contractor. The following percentages will be added to the Contractor's
costs and will constitute the markup for all overhead and profits.
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
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Agreement No. 6559
or other method, may be used to calculate -daily damages for office overhead,
profit, or other purported loss.
(b) Work by Subcontractors. When all or any part of the extra work is performed by
a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent
on work added in excess of $5,000 of the subcontracted portion of the extra work
may be added by the Contractor.
(c) In the event that City becomes liable to Contractor for compensable delays, City
agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid
Form or Contractor's actual daily delay damages, whichever is less, for each day
of Compensable Delay as provided for by these Contract Documents.
3-3.3 DAILY REPORTS BY CONTRACTOR
Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor:
If disagreement continues regarding extra work, the Contractor may seek compensation
in accordance with the Claims procedure. Daily Reports required by this subsection must
be made part of the Claim as supporting data for the Claim.
3-4 CHANGED CONDITIONS
Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the
following subsection:
If the Contractor encounters concealed or unknown conditions that differ materially from
those anticipated or expected ("changed conditions"), the Contractor will immediately
notify the Engineer in writing of such changed conditions (upon discovery and before
disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer
can determine if such conditions require design details that differ from those design
details shown in the Contract Documents. Notwithstanding the thirty (30)-day time
period set forth in Subsection 6-11.3, the Contractor will be liable to the City for any
extra costs incurred as a result of the Contractor's failure to promptly give such notice.
Changed conditions will include, without limitation, the following:
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
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3. Material differing from what is represented in the Contract which the Contractor
believes may be hazardous waste as defined in California Health & Safety Code
§ 25117 that is required to be removed to a Class I, H, or III disposal site in
accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed conditions.
The Engineer's decision, and any dispute regarding that decision, will be made in
accordance with Section 6-11 except that the Engineer will render a decision promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is
subject to the following provisions:
1. The information is made available for the Bidders' convenience and is not a part
of the Contract.
2. The City has not determined the accuracy or completeness of such information
and all such information is made available to Bidders without any representation
or warranty by the City whatsoever as to its accuracy, completeness, or
relevancy.
3. Bidders will independently evaluate such information for their use and will be
solely responsible for use or interpretation of such information. Any such use or
interpretation will not be the basis of any claim against the City.
3-5 DISPUTED WORK
Subsection 3-5 is deleted in its entirety and replaced by the following subsection.
If the Contractor and the City do not reach agreement on disputed work, the City may
direct the Contractor to proceed with the work. Any payment for the disputed work will
be determined pursuant to the claims procedures in these Standard Specifications.
Although not to be construed as proceeding under extra work provisions, the Contractor
will keep and furnish records of disputed work as required by the Contract Documents.
4-1.3 INSIECTION IIF U11EMENTS
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
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compliance with the contract documents will be submitted for all of the following
materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe;
cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer and
water pipe; subject to sampling and testing by City.
Standard items of equipment, such as electric motors, conveyors, plumbing fittings and
fixtures, lumber, plywood, and so on, are subject to inspection at the job site.
All other equipment items will be inspected and tested in accordance with the contract
documents.
The City does not provide full time inspection. The Contractor will provide 24-hour
minimum notice for each inspection required by the work unless other arrangements have
been agreed upon, in writing, with the City Engineer. Any inspection required outside of
normal working hours and days, including holidays, will be at the Contractor's cost at
rates established by the City.
4-1.3.2INSPECTION OF MATERIALS NOT PRODUCED LOCALLY
Contractor purchased materials, fabricated items, and equipment, produced at sources
located more than 50 miles outside the corporate limits of the City, and which are
specified to be inspected in the Contract Documents, will be inspected by inspectors or
testing laboratories arranged for and paid for by City. Report of such inspection must be
submitted to the City. If any item inspected fails to meet the specified criteria, the
Contractor will pay all costs for reinspection, and such costs may be deducted from
payments due to the Contractor.
4-1.6 TIRADE NAMES OR EQUALS
Whenever any material, product, equipment, or service is specified by brand, trade, or
proprietary name, the item so specified will be deemed to be followed by the words "or
equal".
For the City's consideration of a proposed "equal" item, the Bidder will submit, a
minimum of ten (10) calendar days before the date of the bid opening, documentation of
the particulars of the proposed "equal item". At a minimum, the submitted
documentation will include:
Written request with explanation of why the product should be considered as an
equal product.
Material specifications.
Technical specifications.
■ Test data.
Samples.
Comparison chart of key specifications of the "equal" item against similar
specifications of the specified item.
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Work locations and reference telephone numbers of at least three (3) locations
where the proposed "equal" item has been recently installed under similar
conditions.
Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal" product
is acceptable to the City five (5) calendar days before the date of the bid opening. Failure
to submit all required documentation and/or submittal of incomplete documents may
result in the City's rejection of the proposed "equal" product without further
consideration.
5-2 PROTECTION
The following subsection is added to Subsection 5-2 of the Greenbook.
5-2.1 INCORRECT LOCATION OF UTILITIES
If the Contractor, while performing the Work, discovers utility facilities not identified
correctly or not shown in the contract plans or specifications by the City, the Contractor
will immediately notify the City and utility owner in writing.
i M 02
The following subsection is added to Subsection 5-4 of the Greenbook.
5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION
The City will be responsible to arrange for the removal, repair, or relocation of existing
utilities located within the project limits if such utilities are not correctly identified in the
contract plans or specifications by the City. The City will have the sole discretion to
perform repairs or relocation work or permit the Contractor to do such repairs or
relocation.
5-5 DELAYS
The following paragraphs are added to Subsection 5-5 of the Greenbook.
Actual loss, as used in this Subsection, will be understood to include no items of expense
other than idle time of equipment and necessary payments for idle time of workers, cost
of extra moving of equipment, and cost of longer hauls. Compensation for idle time of
equipment and idle time of workers will be determined by Subsection 5-5.1 and no
markup will be added in either case for overhead and profit. The cost of extra moving of
equipment and the cost of longer hauls will be paid for as extra work.
The following subsection is added to Subsection 5-5 of the Greenbook.
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5-5.1 CALCULATING IDLE TIME
Equipment idle time will be calculated in accordance with Subsection 3-3.2.2(c) and
based upon the actual normal working time during which the delay condition exists, but
in no case will exceed 8 hours in any one day. The days for which compensation will be
paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during
the existence of the delay.
Worker idle time will be calculated in accordance with Subsection 3-3.2.2(a).
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Section 6-1, Construction Schedule and Commencement of Work, is deleted in its
entirety and replaced by the following subsections.
Pre-Constructiop Meetjjj
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.
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6-1.3 EFFECT OF CONTRACT SCHEDULE
The Contract Schedule, and any updated Contract Schedules, will represent a practical
plan to complete the Work within the Contract Time. Extension of any schedule beyond
the Contract Time will not be acceptable. Schedules showing the Work completed in less
than the Contract may be acceptable if judged by the Engineer to be practical.
Acceptance of such a schedule by the Engineer will not change the Contract Time. The
Contract Time, not the Contract Schedule, will control in determining liquidated
damages payable by the Contractor and in determining any delay.
If a schedule showing the Work completed in less than the Contract Time is accepted, the
Contractor will not be entitled to extensions of the Contract Time for Excusable Delays
or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays
until such delays extend the completion of the Work beyond the expiration of the
Contract Time.
The Contractor will plan, develop, supervise, control, and coordinate the performance of
the Work so that its progress and the sequence and timing of Work activities conform to
the current accepted Contract Schedule. The Contractor will continuously obtain from
Subcontractors information and data about the planning for and progress of the Work and
the delivery of equipment, will coordinate and integrate such information and data into
updated Contract Schedules, and will monitor the progress of the Work and the delivery
of equipment. The Contractor will act as the expeditor of potential and actual delays,
interruptions, hindrances, or disruptions for its own forces and those forces of
Subcontractors. The Contractor will cooperate with the Engineer in developing the
Contract Schedule and updated Contract Schedules.
The Engineer's review and comments about any schedule or scheduling data will not
relieve the Contractor from its sole responsibility to plan for, perform, and complete the
Work within the Contract Time. Review and comments about any schedule will not
transfer responsibility for any schedule to the Engineer or the City nor imply their
agreement with (1) any assumption upon which such schedule is based or (2) any matter
underlying or contained in such schedule.
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
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The Contract Time will commence when the City issues a Notice to Proceed. The Work
will start on the date specified in the Notice to Proceed and within a maximum of fifteen
(15) days after the date of the Notice to Proceed, and be diligently prosecuted to
completion with the time provided in the Specifications.
6-4 DEFAULT BY CONTRACTOR
The language in subsection 6-4 is deleted in its entirety and replaced with the following
subsections.
6-4.1 GENERAL
Should the Contractor fail to begin delivery of material and equipment, to commence the
Work within the time specified, to maintain the rate of delivery of material, to execute
the Work in the manner and at such locations as specified, or fail to maintain the Work
schedule (as determined by the current accepted Contract Schedule) which will ensure
the City's interest, or if the Contractor is not carrying out the intent of the Contract, the
City may serve written notice upon the Contractor and the Surety on its Faithful
Performance Bond demanding satisfactory compliance with the Contract.
6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK
The City may terminate the Contractor's control over the Work without liability for
damages when, in the City's opinion, the Contractor is not complying in good faith, has
become insolvent, or has assigned or subcontracted any part of the Work without the
City's consent. Should such termination occur, the Contractor will be paid the actual
amount due based on Contract Unit Prices or lump sums bid and the quantity and quality
of the work completed and in place at the time of termination, less damages caused to the
City by the Contractor's action or inaction.
In the event of such termination of control, the City may do any one, or a combination of,
the following:
1, Serve written notice upon the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract. In such event the Surety
will, within 5 days, assume control and perform the Work as successor to the
Contractor;
2. The City may perform the Work itself and deduct the cost thereof from any
payment due to the Contractor;
3. The City may replace the Contractor with a different contractor to complete the
work and deduct the cost thereof from any payment due to the Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional remedy the City
may have under these Contract Documents or applicable law.
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Agreement No. 6559
6-4.3 SURETY'S ASSUMPTION OF CONTROL
Should the Surety assume any part of the Work, it will take the Contractor's place in all
respects for that part and will be paid by the City for all work performed by it in
accordance with the Contract. If the Surety assumes the entire Contract, all money due
the Contractor at the time of its default will be payable to the Surety as the Work
progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work within 5 days after receiving
notice of cancellation, or fails to continue to comply, the City may exclude the Surety
from the premises. The City may then take possession of all material and equipment and
complete the Work by City's forces, by letting the unfinished work to another contractor,
or by a combination of such methods. In any event, the cost of completing the Work will
be charged against the Contractor and its Surety and may be deducted from any money
due or becoming due from the City. If the sums due under the Contract are insufficient
for completion, the Contractor or Surety will pay to the City within 5 days of completion,
all costs in excess of the sums due.
The provisions of this subsection will be in addition to all other rights and remedies
available to the City under applicable law.
6-6 DELAYS AND EXTENSIONS OF TIME
Subsections 6-6.1 to 6-6.4 are deleted and replaced with the following subsections.
6-6.1 GENERAL
If delays are caused by unforeseen events beyond the control of the Contractor, such
delays will entitle the Contractor to an extension of time as provided herein, but the
Contractor will not be entitled to damages or additional payment due to such delays
except as otherwise provided herein. Excusable delay may include: war, earthquakes
exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the
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,
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but is not required to, deem an extension of time to be in the City's best interests.
6-6.2 EXTENSIONS OF TIME
If granted, extensions of time will be based upon the effect of delays to the critical path
of the Work as determined by the current accepted Contract Schedule. Delays to minor
portions of the Work that do not affect the critical path will not be eligible for extensions
of time.
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
Any payment for compensable delay will be based upon actual costs as set forth in
Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may
have reasonably avoided. The Contractor understands that this is the sole basis for
recovering delay damages and explicitly waives any right to calculate daily damages for
office overhead, profit, or other purported loss, using different formulas including,
without limitation, the Eichleay Formula.
6-6.4 WRITTEN NOTICE AND REPORT
If the Contractor desires payment for a delay or an extension of time, it will give the
Engineer written notice of such request not later than the time limit set forth in the
Proposal for submitting a claim after the event or occurrence giving rise to a delay claim.
Failure to submit a written request within such amount of time will result in the
Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by the
"Claims" sections of these Specifications.
In no event will the City grant the Contractor an extension of time if the delay is within
the Contract Time as identified by the Contract Documents.
6-7.2 WORK DAYS AND WORKING HOURS
City Hall is open from Monday thru Thursday lam -6pm. It is closed every other Friday
and the following holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving
Christmas Eve
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Christmas
New Year's Eve
On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and
4:00 p.m.
Please see Section 6-7.5 below for weekend and holiday work restrictions.
6-7.4 NIGHT WORK
The following paragraph is added to Section 6-7 of the Greenbook:
The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following
day unless specifically provided for in the bid documents or unless the Contractor
receives prior written approval.
6-7.5 WEEKEND AND HOLIDAY WORK
The Engineer may, but is not required to, allow the Contractor to work on Saturdays,
Sundays, and City Holidays.
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.
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
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final acceptance of the work unless a longer period is specified. The owner will give
notice of observed defects with reasonable promptness.
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:
1. Claims respecting penalties for forfeitures prescribed by statute or regulations,
which a government agency is specifically authorized to administer, settle, or
determine.
2. Claims respecting personal injury, death, reimbursement, or other compensation
arising out of or resulting from liability for personal injury or death.
3. Claims respecting a latent defect, breach of warranty, or guarantee to repair.
4. Claims respecting stop notices.
If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance
of a written final decision denying in whole or in part the Contractor's Change Order
Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when
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the Contractor discovers, or reasonably should discover, the condition or event giving
rise to the Claim.
6-11.2 FORM
A Claim must include the following:
A statement that it is a Claim and a request for a decision.
2. A detailed description of the act, error, omission, unforeseen condition, event or
other condition giving rise to the Claim.
3. If the Claim is subject to the Change Order procedures, a statement
demonstrating that a Change Order Request was timely submitted and denied.
4. A detailed justification for any remedy or relief sought by the Claim, including to
the extent applicable, the following:
a) If the Claim involves extra work, a detailed cost breakdown claimed. The
breakdown must be provided even if the costs claimed have not been
incurred when the Claim is submitted.
b) To the extent costs have been incurred when the Claim is submitted, the
Claim must include actual cost records (including, without limitation.,
payroll records, material and rental invoices) demonstrating that costs
claimed have actually been incurred.
c) To the extent costs have not yet been incurred at the time the Claim is
submitted, actual cost records must be submitted on a current basis not
less than once a week during any periods within which 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
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demonstrating the Contractor's entitlement to a time extension.
7. If the Claim involves an adjustment of the Contract Sum for delay, written
documentation demonstrating the Contractor's entitlement to such an adjustment.
8. A personal certification from the Contractor that reads as follows:
"I, , BEING THE (MUST BE AN OFFICER)
OF (CONTRACTOR NAME), DECLARE UNDER
PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO
PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY
REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL
COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS
CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE
SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE
AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT
ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS
LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA
PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET
SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND
UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM
MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL
CONSEQUENCES."
6-11.3 CLAIMS SUBMITTED TO ENGINEER
Within 30 days after the circumstances giving rise to a Claim occur, the Contractor will
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.
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6-11.5 DECISION ON CLAIMS
The Engineer will promptly review Claims submitted by the Contractor in accordance
with these Specifications. Should the Engineer require additional supporting evidence to
evaluate the claim, the Engineer will request such additional information in writing. Any
such requested data will be furnished not later than 10 days after the Contractor receives
the Engineer's request.
The Engineer will render a decision not later than 60 days after either receiving the
Claim or the deadline for furnishing additional supporting data, whichever is later. If the
Engineer fails to render a decision within the time period established herein, then the
Claim will be deemed denied. The Engineer's decision will be final and binding unless
appealed in accordance with these Specifications.
The Engineer's decision on a Claim will include a statement substantially as follows:
"This is a decision pursuant to the General Specifications of your contract. If you are
dissatisfied with the decision and have complied with the procedural requirements for
asserting claims, you may have the right to alternative dispute resolution or litigation.
Should you fail to take appropriate action within 30 days of the date of this decision, the
decision will become 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.
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The requirement for mediation will not alter or modify the time limitations otherwise
provided for claims and no conduct or settlement negotiation during mediation will be
considered a waiver of the City's right to assert that claim procedures were not followed.
6-11.8 ARBITRATION
If the City and Contractor do not agree to mediation, then a dispute 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.
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Agreement No. 6559
6-11.11 AB 626 CLAIMS PROCESS
Claims made by a Contractor for one or more of the following are subject to the claim
resolution process set forth in Public Contract Code section 9204:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the city under a contract for a public works project.
(B) Payment by the city of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and
payment for which is not otherwise expressly provided or to which the claimant is not
otherwise entitled.
(C) Payment of an amount that is disputed by the city.
7-2 LABOR
The following subsections are added to Subsection 7-2 of the Green Book.
7-2.3 PREVAILING WAGES
The Contractor will post at appropriate conspicuous points at the site of the project a
schedule showing determinations of the Director of Industrial Relations of the prevailing
rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the
prevailing rate of per diem wages. One source that may be used is the California
Department of Industrial Relations website which is currently located at www.dir.ca.gov,
or by calling the Prevailing Wage Unit at (415) 703-4774.
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
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through apprenticeship training on an annual basis state-wide or locally, or
d) When the Contractor provides evidence that the Contractor employs registered
apprentices on all of his contracts on an annual average of not less than one
apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if the Contractor employs registered
apprentices or journeymen in any apprenticeable trade on such contracts and if other
contractors on the public works site are making such contributions.
The Contractor and any subcontractor will comply with Labor Code § § 1777.5 and
1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements
may be obtained from the Director of Industrial Relations, ex-officio the Administrator
of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
7-2.4 RECORD OF WAGES PAID: INSPECTION
Every Contractor and subcontractor will keep an accurate certified payroll records
showing the name, occupation, and the actual per diem wages paid to each worker
employed in connection with the Work. The record will be kept open at all reasonable
hours to the inspection of the body awarding the contract and to the Division of Labor
Law Enforcement. If requested by the City, the Contractor will provide copies of the
records at its cost.
7-3 LIABILITY INSURANCE
Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and
replaced by the following subsections.
7-3.1 GENERAL
Contractor 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 ISO FORM COMBINED
OCCURRENCE SINGLE
LIMIT
Comprehensive General Liability CL 00 02 01 85 or 88 $2,000,000
Business Auto CA 00 01 01 87 $1,000,000
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Agreement No. 6559
Workers' Compensation
Statutory
Contractor will provide endorsements or other proof of coverage for contractual liability.
Combined single limit per occurrence will include coverage for bodily injury, personal
injury, and property damage for each accident.
If Commercial General Liability Insurance or other form with a general aggregate limit is
used, the policy will be endorsed such that the general aggregate limit will apply
separately to this contract and a copy of the endorsement provided to the City.
Liability policies will contain, or be endorsed to contain the following provisions:
GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
The City, its officers, officials, employees, agents, and volunteers will be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned,
occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage will contain no special limitations on the scope or
protection afforded to the City, its officers, officials, employees, agents, or volunteers.
The Contractor's insurance coverage will be primary insurance as respects the City, its
officers, officials, employees, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents, and volunteers will be
excess of the Contractor's insurance and will not contribute with it.
The insurer will agree in writing to waive all rights of subrogation against the City, its
officers, officials, employees, and volunteers for losses arising from work performed by
the Contractor for the City.
Any failure to comply with reporting provisions of the policies will not affect coverage
provided to the City, its officers, officials, employees, agents, and volunteers.
The Contractor's insurance will apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
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
All,
Agreement No. 6559
will not be suspended, voided, cancelled by either party, reduced in coverage or in limits
except after thirty (30) days written notice by certified mail, return receipt requested, has
been given to:
CITY CLERK
City of El Segundo
350 Main Street
El Segundo, CA 90245
Notwithstanding the foregoing, the endorsement may state that insurance may be
cancelled upon ten (10) day notification for non-payment of premium. The Contractor
will provide the City with updated proof of insurance should the Contract Time extend
beyond the policy expiration date.
All liability insurance will be on an occurrence basis. Insurance on a claims made basis
will be rejected. Any deductibles or self -insured retentions will be declared to and
approved by City. The insurer will provide an endorsement to City eliminating such
deductibles or self -insured retentions as respects the City, its officials, employees, agents,
and volunteers.
Except for Workers Compensation Insurance, Contractor will furnish to City certificates
of insurance and endorsements on forms acceptable to the City's City Attorney, duly
authenticated, giving evidence of the insurance coverages required in this contract and
other evidence of coverage or copies of policies as may be reasonably required by City
from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 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 famish 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.
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Agreement No. 6559
The cost of such insurance will be included in the various items of work in the
Contractor's bid and no additional compensation for purchasing insurance or additional
coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any reason,
voided or suspended, Contractor agrees that City may arrange for insurance coverage as
specified, and Contractor further agrees that administrative and premium costs may be
deducted from payments due to the Contractor. Contractor will not be allowed to work
until alternate coverage is arranged.
Coverage will not extend to any indemnity coverage for the active negligence of the
additional insured if the agreement to indemnify the additional insured would be invalid
under Civil Code § 2782(b).
7-3.2 INDEMNIFICATION AND DEFENSE
In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and
Contractor, Contractor will take and assume all responsibility for the work as stated
herein or shown on the plans.
The Contractor will bear all losses and damages directly or indirectly resulting to it, to
the City, its officers, employees, and agents, or to others on account of the performance
or character of the work, unforeseen difficulties, accidents, traffic control, job site
maintenance, or any other causes whatsoever.
The Contractor will assume the defense of and indemnify and save harmless the City of
El Segundo, its officers, employees, and agents, from and against any and all claims,
losses, damage, expenses and liability of every kind, nature, and description, directly or
indirectly arising from the performance of the contract or work, regardless of
responsibility for negligence, and from any and all claims, losses, damage, expenses, and
liability, howsoever the same may be caused, resulting directly, or indirectly from the
nature of the work covered by the contract, regardless of 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
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Agreement No. 6559
alleged to have been suffered by reasons of any of the aforesaid operations of Contractor,
or any subcontractor, regardless of whether or not such insurance policies are determined
to be applicable to any of such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans, in
releasing any bond, in inspecting or accepting any work, or of any other nature, will in
any respect relieve the Contractor or anyone else from any legal responsibility,
obligation or liability he might otherwise have.
7-5 PERMITS
The following paragraph will be added to Subsection 7-5 of Greenbook:
The Contractor will apply for permits required by the City Building Safety Division.
These permits will be issued on a "no -fee" basis. However, the Contractor must pay for
and obtain all other permits from other governmental and utility agencies necessitated by
their operations.
All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees
or other fees charged or required for such permits must be paid by the Contractor. These
costs will be included in the bid item provided. If no bid item is included, costs will be
included in the various items of work, and no additional payment will be allowed.
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.
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Agreement No. 6559
7-8.6 "CATER 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, cleanup
of concrete transit mixers or other pollutants from construction sites and parking
areas will be retained or controlled on site and will not be permitted to enter the
storm drain system.
(b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel
berms will be utilized to trap sediment so that only filtered water enters the City's
storm drain system. Proper clean up and disposal of settled sediment and the
filtering system will be the responsibility of the CONTRACTOR.
(c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub -
grade area designated for new concrete construction for example) is acceptable.
Discharge on to private property, parkway areas, or the street is not permitted.
(d) Plastic or other impervious covering will be installed where appropriate to
prevent erosion of an otherwise unprotected area, along with any other runoff
control devices deemed appropriate by the City.
(e) Excavated soil stored on the site will be covered in a manner that minimizes the
amount of sediments running into the storm drain system, street, or adjoining
properties.
(f) No washing of construction or other industrial vehicles and equipment will be
allowed adjacent to a construction site. During the rainy season (October 15 to
April 15), Contractor will keep at the construction site sufficient materials and
labor to install temporary sediment filtering systems and other water pollution
prevention control measures. These control measures will be in place and
maintained by the Contractor on a daily basis on days when construction is not in
progress due to rain.
(h) All costs associated with water pollution control will be borne by the Contractor.
Any expense incurred by the City to expeditiously respond to storm drain
contamination resulting from Contractor's failure to implement water pollution
control measures will be charged to the Contractor.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Section 7-9 is supplemented by the following additional requirements:
Where existing traffic striping, pavement markings, and curb markings are damaged or
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Agreement No. 6559
their reflectively reduced by the Contractor's operations, such striping or markings will
also be considered as existing improvements and the Contractor will replace such
improvements.
Relocations, repairs, replacements, or re -establishments will be at least equal to the
existing improvements and will match such improvements in finish and dimensions
unless otherwise specified.
7-10 PUBLIC CONVENIENCE AND SAFETY
Section 7-10 is supplemented by the following additional requirements:
Unless otherwise specified all traffic control will be performed in accordance with the
Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building
News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771.
7-10.1 TRAFFIC AND ACCESS
The Contractor will notify the occupants of all affected properties at least 48 hours prior
to any temporary obstruction of access. Vehicular access to property line will be
maintained except as required for construction for a reasonable period of time. No
overnight closure of any driveway will be allowed except as permitted by the Engineer.
At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of
travel on all streets at all times except as permitted by the Engineer. The traffic lanes will
be maintained on pavement and will remain unobstructed. All work requiring that a lane
be closed or a lane moved right or left will be noticed to the traveling public by use of
City approved lighted arrow boards.
Clearances from traffic lanes will be five feet to the edge of any excavation and 2 feet to
the face of any curb, pole, barricade, delineator, or other vertical obstruction.
One four (4) foot wide paved pedestrian walkway will be maintained in the parkway area
on each side of all streets. The clearance from the pedestrian walkway to any traffic lane
will be five (5) feet. Pedestrians and vehicles will be protected from all excavations,
material storage, and/or obstructions by the placement of an adequate number of lighted
barricades (minimum two (2)) at each location, one (1) at each end of the obstruction or
excavation), which will have flashing lights during darkness. Barricades will be Type I
or Type H per Section 7-3 and lights will be Type A per Section 7-6 of the "Work Area
Traffic Control Handbook" (WATCH).
7-10.2 STREET CLOSURES DETOURS BARRICADES
Street closures will not be allowed except as specifically permitted by the Engineer.
The Contractor will prepare any traffic control or detour plans that may be required as
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Agreement No. 6559
directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to
one (1).
Temporary traffic channelization will be accomplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Engineer.
The Contractor will prepare any plans that may be required for temporary striping to the
satisfaction of the Engineer. In no event will temporary striping be allowed on finish
pavement surfaces, which are to remain.
Where access to driveway or street crossings need to be maintained, minimum 1 1/4-
inch-thick steel plating will be used to bridge the trench. All steel plating will have
temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross
comfortably over the plates and have a non-skid surface. Plates subject to vehicle high
traffic speeds and in residential areas will be secured by welding at the discretion of the
Engineer.
7-10.5 PROTECTION OF THE PUBLIC
It is part of the service required of the Contractor to make whatever provisions are
necessary to protect the public. The Contractor will use foresight and will take such steps
and precautions as his operations warrant to protect the public from danger, loss of life or
loss of property, which would result from interruption or contamination of public water
supply, interruption of other public service, or from the failure of partly completed work
or partially removed facilities. Unusual conditions may arise on the Project which will
require that immediate and unusual provisions be made to protect the public from danger
or loss of life, or damage to life and property, due directly or indirectly to prosecution of
work under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the
Contractor has not taken sufficient precaution for the public safety, protection ofutilities
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.
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Agreement No. 6559
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 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 cleanup of site.
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Agreement No. 6559
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
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.
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Agreement No. 6559
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 for any reason
this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment.
The availability of money in this fund, and City's ability to draw from this fund, are
conditions precedent to City's obligation to make payments to Contractor.
9-3.3 DELIVERED MATERIALS
Materials and equipment delivered or stored, but not incorporated into the work, will not
be approved for progress payments.
100-1 TERMINATION OF AGENCY LIABILITY
Before receiving final payment, the Contractor will execute a Release on Contract" form
which will operate as, and will be a release to the City, the City Council, and each
member of the City Council and their agencies, from all claims and liability to the
Contractor for anything done or furnished for, or relating to, the work or for any act of
neglect of the City of any person relating to or affecting the work, except the claim
against the City for the remainder, if any there be, of the amounts kept or retained as
provided in Subsections 9-3 of the Standard Specifications and except for any unsettled
claims listed on said form which have been filed in compliance with the requirements for
making claims. - END OF SECTION -
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Agreement No. 6559
SECTION III — SPECIAL PROVISIONS
1-0. GENERAL
1-1. GENERAL STANDARDS AND PROJECT SPECIFICATIONS
1. All work shall be performed in accordance with the latest edition of the
Standard Specifications for Public Works Construction, including supplements
thereto, American Public Works Association, Standard Plans for Public Works
Construction, American Water Works Association Standard Specifications, the
City of El Segundo Engineering Division's Standard Drawings, unless
otherwise shown on the plans, or as specified herein.
2. Strict compliance with State and local safety codes will be enforced.
3. Copies of material/weight certification shall be submitted to the inspector daily.
4. The Engineer's decision shall be final as to interpretation and/or conflict
between any of the referenced code, laws, ordinances, specifications, and
standards contained herein.
1-2. EXAMINATION OF JOB SITE
The BIDDER shall make a detailed physical inspection of the site before submitting
his/her proposal. It is understood that the BIDDER has satisfied himself/herself
regarding existing conditions and existing access conditions which may affect bid
prices for the proposed work.
1-3. INSPECTION
On all questions relating to quantities, the acceptability of material, or work, the
execution, progress or sequence of work and the interpretation of specifications or
plans, the decision of the Engineer is final and binding, and shall be precedent to any
payment under the contract.
All work and materials are subject to inspection and approval of the Engineer.
Inspection of the work shall not relieve the CONTRACTOR of the obligations to
fulfill all conditions of the contract.
1-4. WORKING DAYS, TIME FOR COMPLETION, CONSTRUCTION SEQUENCE
CONTRACTOR will commence work on date specified in the Notice to Proceed to be
issued to said CONTRACTOR by the Public Works Department of CITY and will
complete work on the PROJECT, within 25 (Twenty -Five) WORKING DAYS after
the date of commencement. Hours of work shall be limited to 9:00 AM through 3:00
PM weekdays only, unless otherwise specified. Contractor shall be prepared for the
possibility of night work.
The last two weeks of December is a moratorium period, from December 21, 2021,
7:00 am to January 3, 2022, 7:00 pm, during which no construction work shall occur
on City streets or other public right-of-way. The contractor shall schedule their work
such that no excavations are left open during those two weeks.
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Agreement No. 6559
1-5. NOTIFICATIONS
The CONTRACTOR will notify all agencies listed here in a minimum of forty-eight (48)
hours before start of operation. The following list of names and telephone numbers are
intended for the convenience of the CONTRACTOR and the City does not guarantee either the
completeness or correctness of this list.
OPERATION OFFICE
1. Start of work,
shutdown of work,
or resumption of
work after shutdown
2. Closing of streets
3. Street striping
3. Water/Sewer/
Storm Drain
TELEPHONE
Floriza Rivera, Public Works Staff 310-524-2361
Anthony Esparza, Water Division Supervisor 310-524-2746
Beto Moreno, Street Maintenance Supervisor 310-524-2899
Lifan Xu, City Engineer 310-524-2368
Elias Sassoon, Director of Public Works 310-524-2356
El Segundo Police Department** 310-524-2200
El Segundo Fire Department** 310-524-2236
Street Maintenance Division 310-524-2709
Anthony Esparza / Ron Fajardo 310-524-2742
* * The CONTRACTOR will notify the Engineering Division before notifying these offices.
The following information is provided for CONTRACTOR'S use to notify agencies if their
facilities are affected by CONTRACTOR'S work:
1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600
2. City of El Segundo — Water Division
310-524-2742
3. City of El Segundo - Wastewater Division
310-524-2754
4. City of El Segundo - Recreation and Parks
310-524-2707
5. Southern California Gas Company
310-671-9002
6. Southern California Edison Company (SCE)
310-417-3366
7. AT&T
8. Time Warner Communication (Cable)
9. Los Angeles County Sanitation District
10. El Segundo Unified School District
310-515-4430
310-768-0400 Extension 414
310-699-7411
310-615-2650
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Agreement No. 6559
1-6. MOBILIZATION
Mobilization shall conform to the provisions of Section 9-3.4 of the Standard
Specifications. The scope of work under mobilization includes but is not limited to:
1. Obtaining all required permits
2. Moving on to the site of all Contractor's equipment required for operations
3. Installing and removing all temporary facilities required for operations
4. Posting all OSHA required notices
5. Submittal of Construction Schedule, Contractor Contact List, and Notices to
Businesses and Residents for City approval
6. Notification of property owners, residents, businesses, and motorists as necessary
7. Re -notification of all affected parties for all construction schedule changes
8. Participate in and provide updated 2-week look -ahead schedules for weekly
project field meetings
9. Traffic control as required per W.A.T.C.H. manual and CA MUTCD
10. Preparation and cleaning of work area as necessary to implement repairs
11. Coordinating with Underground Service Alert (USA) or Dig Alert to mark
underground utilities before any excavation
12. NPDES permit compliance
13. Construction and Demolition materials recycling activities. See Section III-7.
14. Furnishing temporary water services to maintain water service to consumers at all
times.
15. Ramping for areas where construction has caused significant elevation differences
in driving/walking surfaces
16. Steel plating and asphalt ramping for excavated trenches and areas
17. Restoration, to existing standard conditions or better, of private and public
property damaged by construction
18. Removal of all USA markings after new improvements are installed.
19. Demobilization
1-7. ACCESS TO DRIVEWAYS
Access to driveways shall be maintained at all times for residents and businesses
during non -working hours of 4:00 p.m. through 7:00 a.m. weekdays and 24-hours a
day on weekends and holidays.
1-8. TREE ROOTS
At locations where tree roots are encountered, the CONTRACTOR shall cut out the
tree roots to the full cross section of the new work a minimum of two (2) feet below
finished grade under the supervision of the Recreation and Parks Department. Cost of
this work shall be included in the other items of work.
1-9. 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.
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Agreement No. 6559
1-10. OTHER METER BOXES; PULL BOXES
The CONTRACTOR shall adjust all other meter boxes and electrical pull boxes
(within the work limits) to match new grade. Cost of this work shall be included in the
other items of work.
1-11. PROTECTION OF EXISTING IMPROVEMENTS
Existing public and/or private improvements, adjacent property, utility and other
facilities, trees, fences, sprinkler systems, plants, City benchmarks and centerline ties
that are not to be removed, shall be protected from injury or damage as provided for in
Sub -section of Part 1 of SSPWC "Greenbook" Standard Specifications.
Any pavement, curb, gutter, landscaping, or sidewalk removed beyond the limits
established by the Engineer shall be reconstructed by the CONTRACTOR to equal or
better pre -construction condition at his own expense and no additional compensation
will be allowed.
1-12. DISPOSAL OF REMOVALS
All removed materials shall become the property of the CONTRACTOR and shall be
legally disposed away from the site of work.
Note: There are no authorized dump facilities within the City of El Segundo.
1-13. WASHING OF CONCRETE TRANSIT MIXERS
Concrete transit mixers shall not be washed out on alleys, streets, or parking lots. Also,
refer to Section 7-8.6 Water Pollution Control (II-B-28 and 29) for additional
requirements.
1-14. SURFACE RESTORATION
Permanent restoration of surface improvements shall be completed to the approval of
the Engineer no later than ten (10) calendar days after the new water line and services
have been successfully pressure tested. Any necessary re -striping shall occur no later
than fourteen (14) calendar days after surface restoration.
1-15. REPAIRS, REPLACEMENTS AND CLEANUP
The CONTRACTOR shall repair at his/her own expense any damage to curbs, gutters,
sidewalks, landscaping and irrigation systems, or any other property of the City, or of
adjacent private property caused by him/her in the performance of the work.
Materials and equipment shall be removed from the site as soon as they are no longer
necessary. Upon completion of the work and before final inspection, the entire
worksite shall be cleared of equipment, unused materials, and rubbish to present a
satisfactory and neat appearance.
Work will not be approved until proper cleanup is accomplished. All cleanup costs
shall be absorbed in the CONTRACTOR'S bid.
1-16. PUBLIC/ RESIDENT NOTIFICATION
Due to the nature of this project involving some inconvenience to residents, businesses,
and the public, a good public relations program is mandatory and evidence of
satisfactory past performance in this area will be required.
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Agreement No. 6559
The City will require the CONTRACTOR to distribute two (2) "Public Notices" to
each business and resident affected by the construction. Notices must be approved by
the City prior to distribution. The first notice shall be distributed ten (10) calendar days
prior to the start of any work. The second notice shall be distributed at least forty-eight
(48) hours prior to the start of work. Said notice shall be attached to a red information
hanger provided by the CONTRACTOR and hung on the front doorknob of every
resident/business on the project streets.
1-17. TRAFFIC CONTROL, PUBLIC SAFETY AND CONVENIENCE
1. TRAFFIC CONTROL
Traffic control, construction signage and traffic maintenance shall comply with
the provisions 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.
2. PUBLIC CONVENIENCE
At the pre -construction meeting, the CONTRACTOR shall submit a
construction schedule to the City for approval. Based on the construction
schedule, the CONTRACTOR will notify residents and businesses of the
proposed work (as discussed in Section 1.0.17 above) and post temporary "NO
PARKING" signs at no cost to the City. Signs shall be posted at all
intersections a maximum of 200 feet between signs. Signs may be attached to
existing poles or street light standards.
When necessary, the CONTRACTOR shall furnish the posts. Signs shall be
posted at least seventy-two (72) hours prior to any construction in the area.
Signs shall show specific dates and time of parking restrictions. (See Appendix
for City of El Segundo Standard Drawing No. ST-18 "Typical Temporary No
Parking Sign".)
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 the site.
On streets where parking is being temporarily prohibited on one side due to
construction and where the other side of the street has permanent "NO
PARKING ANYTIME" signs, the CONTRACTOR shall contact the City
Police Department and Public Works Department Street Division and obtain
approval to bag these "NO PARKING ANYTIME" signs until construction has
been completed for the subject block.
ONCE A SECTION OF STREET HAS BEEN POSTED, FAILURE OF
THE CONTRACTOR TO MEET AND COMPLETE THE APPROVED
DAILY SCHEDULE DUE TO CONDITIONS UNDER THE
CONTRACTORS CONTROL, WILL RESULT IN DAMAGES BEING
SUSTAINED BY THE AGENCY. SUCH DAMAGES ARE, AND WILL
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Agreement No. 6559
CONTINUE TO BE, IMPRACTICAL AND EXTREMELY DIFFICULT
TO DETERMINE. FOR FAILURE TO MEET AND COMPLETE THE
SCHEDULE AFTER POSTING, THE CONTRACTOR SHALL PAY TO
THE CITY, OR HAVE WITHELD FROM MONIES DUE, THE SUM OF
$200 AS LIQUIDATED DAMAGES FOR EACH DAY OF ADDITIONAL
POSTING REQUIRED TO COMPLETE THE PROPOSED WORK.
REPOSTING AND NOTIFICATION WILL BE REQUIRED FOR EACH
MISSED DAY. SAID POSTING AND NOTIFICATION WILL BE AT
THE CONTRACTOR'S EXPENSE.
The CONTRACTOR shall be responsible for adequate barricading of the work
area and controlling of traffic in the vicinity of the project as specified in Sub-
section 7-10 of the General Provisions. Should the CONTRACTOR appear to
be neglectful or negligent in furnishing warning and protective devices, the
City Engineer may direct attention to the existence of a hazard and the
necessary warning and protective measures shall be furnished and installed
immediately by the CONTRACTOR at his/her expense.
Should the City point out the inadequacy of warning and protective measures,
such action on the part of the City Engineer shall not relieve the
CONTRACTOR from responsibility for public safety or abrogate his/her
obligation to furnish and pay for these devices. If said devices will be placed or
caused to be placed by the City Engineer, the cost of placing such devices shall
be the sole responsibility of the CONTRACTOR and shall be paid for the rate
of $50/hour for labor and vehicle use, $20/day per barricade and any other
costs incurred by the City relative to traffic control. Said costs shall be
deducted from the total contract price for the work.
3. CONSTRUCTION SIGNAGE
Providing construction signage shall consist of furnishing, installing,
maintaining, and removing construction signs and barricades as required by the
California Manual on Uniform Traffic Control Devices. The traffic control
system shall be installed on a road prior to starting work for that road and shall
not be removed until all work has been completed on that road.
Lighted signboards stating construction dates and times shall be provided for
both directions on Pacific Coast Highway and (a total of four signboards) at
least two weeks prior to the Notice to Proceed date and until construction is
entirely completed.
4. TRAFFIC MAINTENANCE
The CONTRACTOR shall be responsible for handling vehicular and pedestrian
traffic in accordance with Sub -section 7-10 of the SSPWC "Greenbook"
Standard Specifications of these Special Provisions.
The CONTRACTOR shall prepare all necessary traffic control plans prior to
commencement of any work and submit those plans to the City for approval at
the pre -construction meeting.
The CONTRACTOR shall cooperate with the Engineer relative to handling
traffic through all work areas
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Agreement No. 6559
When two-way traffic is restricted to one (1) lane, traffic shall be controlled as
required by the California Manual on Uniform Traffic Control Devices. A pilot
car and driver will be required at various locations if control by flaggers proves
deficient in the opinion of the Engineer.
In no case shall the CONTRACTOR provide less thanone l lane of travel
t rou the construction zone on all the subject ,streets.
CONTRACTOR'S equipment and personal vehicles of the CONTRACTOR'S
employees shall not be parked on the traveled way at any time. Parking of
construction equipment shall be confined to the approved storage site.
The CONTRACTOR shall conduct all operations to provide reasonable access
to the adjoining properties and have no greater length or quantity of work under
construction that can be properly prosecuted with a minimum of inconvenience
to the public.
For each establishment, i.e. parking lots, business establishments and apartment
buildings, the CONTRACTOR shall provide vehicular access to at least one (1)
driveway.
1-18. CONSTRUCTION STAGING AREA
The Contractor shall not store materials or equipment in the public right-of-way
without prior written authorization from the Engineer. The Contractor shall store
materials or equipment in an authorized area only.
1-19. USE OF PRIVATE PROPERTY
The use of any private property by the CONTRACTOR is prohibited. The prohibited
uses include, but are 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.
WORK ON PRIVATE PROPERTY
Several locations on this project involve work on private property. Contractor shall
notify applicable property owners at least two weeks in advance and shall also ensure
that City right -of -entry agreements are in place prior to beginning any construction on
or involving private property. Connection to backflow valve assemblies shall be
coordinated with applicable property owners to occur with minimum disruption to
those owners' service.
1-20. COOPERATION WITH CONCURRENT CONSTRUCTION AND OPERATIONS:
The Contractor shall cooperate with other contractors and the City's personnel
performing work in the vicinity, shall conduct its operations in a manner to prevent
unnecessary delay or hindrance to their work, and shall coordinate its work with theirs
to permit proper and timely completion of all projects in the area.
1-21. COORDINATION WITH AFFECTED BUSINESSES AND RESIDENTS
The Contractor shall respond to any complaints received from a property owner
(business or resident) and contact the complainant within one (1) working day. The
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Agreement No. 6559
complaint shall be resolved within two (2) working days from the date on which it was
received.
The Contractor shall adjust its schedule to allow affected Businesses to operate as
regularly scheduled.
1-22. NPDES COMPLIANCE
1. Contractor shall thoroughly clean dust and debris resulting from his operations
to comply with the "Clean Water Act." Sweeping, wet vacuuming, and/or other
approved measures of removing such debris shall be taken during the removal
and construction operations. No dust or debris shall be deposited or discharged
into storm drain facilities.
The Contractor shall always provide and maintain during construction ample
means and devices to promptly remove and properly dispose of all water
entering the excavations or other parts of the work. No concrete footing shall
be laid in water, nor shall water be allowed to rise over them until the concrete
or mortar has set at least eight (8) hours.
Disposal of water shall be the sole responsibility of the Contractor. Disposal
methods shall conform to the Porter -Cologne Water Quality Control Act of
1974, the Federal Water Pollution Control Act Amendments of 1972, and the
California Administrative Code, Title 23, Chapter 3.
Contractor shall not discharge or permit to be discharged to any street, channel,
river, storm drain, or any appurtenances thereof, any non -rain water or other
fluid substance from the project or from operations pertaining to the project
site, without first securing a valid National Pollutant Discharge Elimination
System (NPDES) permit unless the discharge is specifically listed as exempt or
conditionally exempt in the most current list issued by the Regional Water
Quality Control Board, Los Angeles Region.
Contractor shall implement all necessary Best Management Practices (BMPs)
to ensure that any conditionally exempt discharge meets all current
requirements of the Regional Water Quality Control Board and City.
City may prohibit or restrict any discharge if, in its sole discretion, the
discharge is polluting, unsafe, or causes a nuisance condition to be created.
2. Contractor shall reduce the discharge of pollutants in storm water runoff to the
maximum extent practicable by the effective implementation of appropriate
BMPs. The following are the minimum requirements:
a. Sediments from areas disturbed by construction shall be retained on site
and stockpiles of soil shall be properly contained to minimize sediment
transport from the site to streets, drainage facilities, or adjacent
properties via runoff, vehicle tracking, or wind.
b. Construction -related materials, wastes, spills, or residues shall be
retained at the construction site to minimize transport from the work
area to streets, drainage facilities or adjoining properties via vehicle
tracking, runoff, or wind.
c. Non-stormwater runoff from equipment and vehicle washing shall be
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Agreement No. 6559
contained at project sites.
d. Erosion from slopes and channels shall be controlled by implementing
an effective combination of BMPs, such as limiting grading scheduled
during the wet season; inspecting graded areas during rain events;
planting and maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
3. The selection, submittal, and adherence to BMPs are the responsibility of the
Contractor. The selected BMPs must be submitted to and approved by City
prior to performing any operation under this contract which will disturb or
expose soil, including, but not limited to excavation, grading, demolition,
clearing and grubbing, pavement removal, etc.
4. Construction activity that results in soil disturbances of less than one acre is
subject to the General Permit for Storm Water Discharges Associated with
Construction Activity (General Permit) if the construction activity is part of a
larger common plan of development that encompasses one or more acres of
soil disturbance or if there is significant water quality impairment resulting
from the activity.
If it is determined that the entire site consists of one acre or greater, the
Contractor must file a Notice of Intent (NOI) with the State to comply with the
terms of the General Permit, and must provide proof of a Waste Discharge
Identification (WDID) Number to the City prior to the issuance of a grading
permit. The preparation, submittal, and adherence to all NOIs, Storm Water
Pollution Prevention Plans (SWPPPs), Wet Weather Erosion Control Plans
(WWECPs), and Contractor Self -Inspection Forms are the responsibility of
Contractor.
5. The City may restrict the continuation of work if it is determined that the
Contractor has not met all the NPDES requirements.
6. The cost of complying with these environmental requirements shall be
considered included in the Contract bid price for other items of work unless the
cost of compliance is listed as a separate bid item within the bid schedule.
1-23. UTILITIES
For work to be performed by a utility owner, the construction schedule shall allow for
the time period required by the utility owner for such work. notify the Engineer in
writing of any subsequent changes in the construction schedule which will affect the
time available for protection, removal, or rearrangement of utilities, and shall obtain
the Engineer's approval of such changes.
No additional compensation will be allowed for modifications to trench shoring caused
by utility service connections whether or not the utility services are shown on the
Plans.
2-0. CONSTRUCTION MATERIALS
Any change from the City -approved list for the brands and models to be used shall be
brought to the City's attention prior to installation. If an unapproved brand/model is
installed during construction, the City will ask for those items to be removed and
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Agreement No. 6559
replaced with the accepted materials, at the Contractor's expense.
2-1. CEMENT MORTAR
Any cement mortar used shall be Class D Cement Mortar per subsection 201-5 of
the SSPWC "Greenbook" Standard Specifications.
2-11. SLURRY BACKFILL
Unless otherwise suggested, slurry backfill used shall be minimum one -sack slurry.
3-0. CONSTRUCTION METHODS
3-1. BRACING AND SHORING
Bracing and shoring shall be as set forth in Sub -section 7-10.4.1 of Part 1 and Sub-
section 306-1.1.6 of Part 3 of the SSPWC "Greenbook" Standard Specifications.
3-2. DISPOSAL OF SURPLUS MATERIALS
Surplus excavated and unsuitable materials shall become the property of the
CONTRACTOR and shall be immediately disposed of off the project site.
4-0. REMOVAL AND REPLACEMENT OF SURFACE IMPROVEMENTS
4-1. REMOVALS
Nnew ►1
Bituminous pavement, concrete pavement, curbs, gutters, sidewalks, or
driveway approaches, to be removed in connection with construction shall
be removed in accordance with 300.1-3 of SSPWC "Greenbook" Standard
Specifications unless otherwise noted in these specifications.
Sawcuts to existing asphalt pavement or existing concrete facilities shall be
perpendicular or parallel to the existing curb face. In the case of driveway
approaches, diagonal sawcuts are allowable if they follow the existing
diagonal sides of the approach.
4-2.2. BITUMINOUS PAVEMENT
Prior to start of excavation for main line, laterals, or slot paving, asphalt
pavement shall be saw cut, removed, and hauled off site.
Where concrete areas adjacent to street asphalt are removed, three -feet -wide
slot paving shall occur. Where the edge of the excavation of the existing
pavement comes within three (3) feet of the outer edge of the pavement
against gutter line or curb face, the existing paving shall be removed to the
gutter line or curb face and the pavement laid to gutter line or to the curb
face.
Where asphalt pavement has been damaged adjacent to and by the saw
cutting of the pavement, that area of asphalt shall again be saw cut to neat
straight lines, for the purpose of removing the damaged pavement areas and
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Agreement No. 6559
neatly replacing them. Such saw cuts shall be perpendicular or parallel to
the existing curb face.
4-2.3. PORTLAND CEMENT CONCRETE PAVEMENT
Concrete pavement shall be removed to neatly sawed edges. Saw cuts shall
be made a minimum depth of 1 V2 inches. If a saw cut in concrete pavement
falls with three (3) feet of a construction joint, cold joint, expansion joint, or
edge, the concrete pavement adjacent to trenches, where damaged
subsequent to saw cutting of the pavement, shall again be saw cut to neat
straight lines for the purpose of removing the damaged pavement areas.
Such saw cuts shall be parallel to the original saw cuts.
4-2.4. CONCRETE CURB, SIDEWALKS, GUTTERS, CROSS GUTTERS,
DRIVEWAYS, AND ALLEY INTERSECTIONS
Vault cover shall be of reinforced concrete class 560-C-3250.
Sidewalk concrete not part of the vault cover shall be of concrete class
520-C-2500.
Concrete shall be removed to neatly sawed edges with saw cuts made to a
minimum depth of 1 '/z inches in either length or width. If the saw cut in
sidewalk or driveway would fall within thirty (30) inches of a construction
joint, expansion joint, or edge, the concrete shall be removed to the joint or
edge, except that where the saw cut would fall within twelve (12) inches of
a score mark, the saw cut shall be made in and along the score mark.
4-2.5. PAYMENT
Full compensation for removal and disposal of materials required to perform
the construction operations specified shall be included in the lump sum bid
for the item it is incidental to and no additional compensation will be
allowed therefore. Include allowance for pavement removal in the bid prices
for items where pavement removal is incidental to. No extra compensation
will be made should additional existing pavement need to be removed due to
damage caused by CONTRACTOR'S operations.
4-2. RECONSTRUCTION
4-2.1. GENERAL
The street surfaces of all excavations shall be restored either initially by
temporary paving to be followed within thirty (30) days by permanent
paving, or initially by permanent paving. When temporary pavement is
placed it shall be brought up to level with existing pavement and
maintenance thereafter until replaced with permanent pavement.
Compaction of subsurface material shall be to 95% compaction. If
compaction test results do not meet the standard, subsurface material shall
be re -compacted until it does.
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Agreement No. 6559
The final surface course shall be one (1) inch thick. Do not place the final
surface course until at least thirty (30) days after traffic has been returned to
that portion of the street.
4-2.2. SUB -GRADE PREPARATION
Excavate and shape sub -grade to line and grade allowing for aggregate base
and asphalt concrete pavement. The sub -grade shall be considered to extend
over the full width of the base course.
The top thirty (30) inches of the sub -grade shall be compacted to 95%
relative to compaction.
The finished sub -grade shall be within a tolerance of +/- 0.08 of a foot of the
finished grade less the thickness of aggregate base and A.C. pavement and
shall be smooth and free from irregularities.
4-2.3. CRUSHED AGGREGATE BASE
Crushed aggregate base shall be in accordance with Section 200-2.2 and
shall be installed in accordance with Section 301-2 of SSPWC "Greenbook"
Standard Specifications.
Aggregate base shall be two (2) inches greater than the existing base.
However, if there is no existing base, a minimum of six (6) inches of
crushed aggregate base shall be provided.
4-2.4. PRIME COAT
All areas to be paved shall receive prime coat at the rate of 0.25 gallon per
square yard, per Section 302-5.3 of SSPWC "Greenbook" Standard
Specifications.
Prime coat shall be slow curing (SC-70) in accordance with section 203-2 of
SSPWC "Greenbook" Standard Specifications.
4-2.5. TACK COAT
All surfaces to receive finish pavement shall be uniformly applied with a
tack coat of PG 64-10 paving asphalt of an approximate rate of 0.05 gallon
per square yard, or Grade SS-lh emulsified asphalt at an approximate rate of
0.05 to 0.10 gallon per square yard in accordance with Section 302-5.4 of
SSPWC "Greenbook" Standard Specifications.
4-2.6. ASPHALT CONCRETE PAVEMENT
Pavement thickness shall be one (1) inch greater than the existing pavement,
but not less than four (4) inches.
Asphalt concrete shall be C2-PG 64-10 and finish pavement shall be D2-
PG 64-10 in accordance with Section 203 of SSPWC "Greenbook"
Standard Specifications.
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Agreement No. 6559
Construction of asphalt concrete pavement shall be in accordance with
Section 302-5 of SSPWC "Greenbook" Standard Specifications.
4-2.7. JOINING EXISTING PAYMENT
Where new paving joins existing paving, grind down the existing surfaces
twelve (12) inches back from the joint line so that there will be sufficient
depth to provide a minimum of one (1) inch of asphalt concrete. The join
line shall be straight and its edges vertical.
After placing the asphalt concrete, seal the join line with liquid asphalt or
emulsified asphalt.
4-2.8. SURFACE TOLERANCE
After paving has been installed and compacted, spray water over the entire
paved area. Correct any areas where water collects and does not drain away.
4-2.9. PAINTING, TRAFFIC STRIPING AND PAVEMENT MARKINGS
Apply temporary and permanent striping in accordance with Section 310-5.6
of SSPWC "Greenbook" Standard Specifications.
Place temporary striping after the base course of A.C. 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.
Place temporary dribble lines within 24 hours after applying slurry seal, and
place permanent striping between five (5) and seven (7) calendar days after
applying slurry seal.
6-1. CHANGE ORDER REQUESTS
Change order requests shall show the date the work occurred, the type of work that
occurred, the beginning and end stations for the work, width and depth
measurements for any excavation below 66 inches, and the specific
labor/equipment/material applicable to the work.
At the pre -construction meeting, the Contractor shall submit hourly labor rates used
and hourly company -owned equipment rates, based on the current State of
California Department of Transportation Labor Surcharge and Equipment Rental
Rates, to be used for any time and materials work. Hourly labor rates shall be
accompanied by a breakdown of what items contribute to the total labor rate for
each type of employee. For company -owned equipment, equipment types, brands,
and models shall be clearly listed along with their hourly rate.
Change order requests shall be accompanied by complete backup documentation
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Agreement No. 6559
including but not limited to time/equipment/material signed verification by the
inspector, certified payroll, dated and receipts clearly stating items purchased,
applicable calculations, delivery tickets, etc.
7-0. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING
REQUIREMENTS
The Contractor shall divert all Construction and Demolition (C&D) project -
generated -waste from the project in accordance with the California Green
(CALGreen) Building Standards Code (pursuant to El Segundo Municipal Code,
Title 13, Chapter 11). C&D waste can only be legally collected, removed, or
transported by City of El Segundo permitted waste haulers. If the Contractor plans
on collecting, removing, or transporting its own waste, approval from the City
Engineer or designee is required.
Failure to meet the C&D waste recycling requirements will result in the assessment
of penalties pursuant to El Segundo Municipal Code.
Contractor shall prepare a C&D Debris Management Plan as follows:
PART 1 GENERAL
I[WILIM N:il
A. This Section includes the following: procedures for ensuring optimal
diversion of construction and demolition (C&D) waste materials generated
by the Work within the limits of the Construction Schedule and Contract
Sum.
1. The Integrated Solid Waste Management Act of 1989 ("AB 939"),
requires that localities throughout the state develop source reduction,
reuse, recycling, and composting programs to reduce the tonnage of
solid waste disposed in landfills by 50%; this requirement may
increase in the future. C&D waste materials generated by the Work
are targeted to achieve these diversion rates.
2. A minimum of 50% by weight of the solid wastes generated in the
Work shall be diverted from landfill disposal through a combination
of reuse, recycling, and composting activities.
3. This section includes requirements for submittal of C&D Debris
Management Plan prior to the commencement of the Work, and
during the project, submittal of Contractor's quantitative reports for
construction and demolition waste materials generated by the
Contractor as a condition of approval of progress payments
submitted to the Contracting Officer, and following completion of
the project, as a condition of the release of final project retention.
1.2 DEFINITIONS
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Agreement No. 6559
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.
F. Diversion or Divert. The reuse or recycling of construction and demolition
debris to avoid disposal in a landfill.
G. Enforcement Agency (EA). Enforcement agency as defined in Public
Resources Code 40130.
H. Inert Disposal Facility or Inert Waste Landfill. A disposal facility that
accepts only inert waste such as soil and rock, fully cured asphalt paving,
uncontaminated concrete (including fiberglass or steel reinforcing rods
embedded in the concrete), brick, glass, and ceramics, for land disposal.
I. Inert Solids or Inert Waste. Non -liquid solid wastes including, but not
limited to, soil and concrete that do not contain hazardous waste or soluble
pollutants at concentrations in excess of water quality objectives established
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Agreement No. 6559
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
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 s://www.else undo,or l government/de atiment / ul,)lic-works/trash-
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Agreement No. 6559
MUM
B. Develop and implement procedures to reuse, salvage, and recycle new
construction and excavation materials, based on the Contract Documents,
the C&D Debris Waste Management Plan, estimated quantities of available
materials, and availability of recycling facilities. Procedures may include
on -site recycling, source separated recycling, and/or mixed debris recycling
efforts.
1. Identify materials that are feasible for salvage, determine
requirements for site storage, and transportation of materials to a
salvage facility.
2. Explore the possibility of reusing project job -site inert materials,
such as rock, concrete, dirt, and aggregate, on -site for road base or
other similar uses.
3. Source separate new construction, excavation and demolition
materials including, but not limited to the following types:
a. Asphalt
b. Concrete, concrete block, slump stone (decorative concrete
block), and rocks.
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.
Contractor may develop their own C&D Debris Management Plan
based on CALGreen requirements or use available City forms, found
in the Appendices as follows:
a. Form PW-A —Project Information
b. Form PW-B — Pre -Project Worksheet
C. Form PW-B1 — Pre -Project Worksheet (This form is to be
completed only if you plan to use your own company -owned
bins/trucks for disposition of material.)
d. Form PW-C — Post -Project Summary
e. Form PW-D — Exemption Request — only use if it is
infeasible to comply with requirements.
3.2 DISPOSAL OPERATIONS AND WASTE HAULING
A. Legally transport and dispose of materials that cannot be delivered to a
source -separated or mixed recycling facility to a transfer station or disposal
facility that can legally accept the materials for the purpose of disposal.
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Agreement No. 6559
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:
htt s://www,else ndo.or ovemment/de artments/ ublic-works/trash--
rec elfin
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 jobsite.
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:
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
http://www.ladpw.orge d/lacomax.
1 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.catrecyc1e.cajY,ov/CalMAX
Y,ov/Ca1MA.
3. Habitat for Humanity Restore resale outlets accept donated home
improvement goods like furniture, home accessories, building
materials and appliances. The materials are sold to the general
public. The proceeds help local Habitat affiliates fund the
construction of Habitat homes within their communities. Locations
of ReStores can be found at
www.habitat.org/resto,res
3.4 REVENUE
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Agreement No. 6559
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 OF SECTION
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Agreement No. 6559
APPENDICES
1. City Map
2. Typical No Parking Sign — El Segundo Standard ST-18
3. Construction and Demolition Recycling Forms
4. Water Facilities Approved Materials and Standard Plans