CONTRACT 6905 Public Works Contract�-1 Agreement No. 6905
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
PALP, INC. DBA EXCEL PAVING COMPANY
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
This CONTRACT is entered into this 20th day of March, 2024, by and between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City")
and PALP INC. DBA EXCEL PAVING COMPANY, a corporation ("the Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents
(the "Work"). The Contractor agrees to do additional work arising from
changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents.
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to
Bidders; Supplementary Instructions to Bidders; Proposal; this Contract;
Standard Specifications; Supplementary Conditions; Exhibits; Technical
Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed;
Change Orders; Notice of Completion; and all other documents identified
in the Contract Documents which together form the contract between the
City and the Contractor for the Work. The Contract Documents constitute
the complete agreement between the City and the Contractor and
supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed ONE
HUNDRED SEVENTY-TWO THOUSAND, NINE HUNDRED FIFTY-NINE Dollars
($172,959) for the Work in the manner set forth in the Contract Documents. The City
may adjust this amount as set forth in the Contract Documents.
Agreement No. 6905
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within forty-five (45) 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
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Agreement No. 6905
Documents are the City's property. The Contractor may retain copies of said
documents and materials as desired but will deliver all original materials to the City
upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types
and limits of insurance coverage to be maintained by the Contractor as required by
the Contract Documents, and any approval of such insurance by the City, are not
intended to and will not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Contractor pursuant to the Contract Documents,
including, without limitation, to the provisions concerning indemnification.
10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and
the manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus, or similar benefits the City provides for its
employees. Any provision in this Contract that may appear to give the City the right
to direct the Contractor as to the details of doing the work or to exercise a measure
of control over the work means that the Contractor will follow the direction of the City
as to end results of the work only.
11.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have
free access at all reasonable times to such records, and the right to examine and
audit the same and to make transcript therefrom, and to inspect all program data,
documents, proceedings, and activities. The Contractor will retain such financial and
program service records for at least three (3) years after termination or final
payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
The City
Lifan Xu
City Engineer
City of El Segundo
350 Main Street,
El Segundo, CA 90245
(310) 524-2368
Ixu@elsegundo.or
The Contractor
Curtis P. Brown III
President
Palp, Inc. DBA Excel Paving Company
2230 Lemon Ave.
Long Beach, CA 90806
(562) 599-5841
pbrown@excelpaving.net
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Agreement No. 6905
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three (3) days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery. Changes may be made in the
names or addresses of persons to whom notices are to be given by giving notice in the
manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of the
Contractor's or the City's obligations under this Contract.
14.INTERPRETATION. This Contract was drafted in and will be construed in
accordance with the laws of the State of California, and exclusive venue for any
action involving this Contract will be in Los Angeles County.
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
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Agreement No. 6905
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.
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Agreement No. 6905
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO
DQ k-DA -- � I - -
arrell George,
City Manager
ATTEST:
.m
TraceUavdr—,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
Joaqu Vazquez,
Depu City Attorney
PALP, INC. DBA
EXCEL PAVING COMPANY
........ _ �..
rtis P. Brown,
sint
C, -
Name: Cris A. Phillips
Its: Asst . Secretary
Taxpayer ID No. FED '95- 672914
Contractor State
License No.: 688659
Contractor City 11452
Business License No.:
Insurance Reviewed by: 12
CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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
7 UZ- before me, Myisha Monique Riven, Notary Public , Notary Public,
(Here insert name and title of the officer)
personally appeared Curtis P. Brown III and Crissa A. Phillips
......
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
\" h - 11"' ) .
Signature of N.ta Public
M
UE RIVEN
7053 N
Public -California 2
COUNTY aep 30, 0
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
mm (Title or descri p lion of attached document continued)
Number of Pages Document Date
_... ........ .,..,.__ ..... ......
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title) . ........
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other _......_ _ ......
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Agreement No. 6905
PROPOSAL
FOR THE
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Date FEB ��� �� , 20
"
�� i' � PALP, INC DBA
Company Name:
TO THE CITY OF EL SEGUNDO:
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the
undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor,
and incidentals required for the above stated project as set forth in the Plans,
Specifications, and contract documents therefor, and to perform all work in the manner
and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site,
Plans, Specifications, Instructions to Bidders, and all other contract documents.
Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself
regarding the contract documents, access and any other field conditions which may
affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a
contract with the City of El Segundo at the unit and/or lump sum prices set forth in the
following Bid Schedule. BIDDER understands that failure to enter into a contract in the
manner and time prescribed will result in forfeiture to the City of El Segundo of the
proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated
quantities set forth in the Bid Schedule are solely for the purpose of comparing bids,
and that final compensation under the contract will be based upon the actual quantities
of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT
TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND
TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump
sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of
discrepancies in the amounts bid, unit prices shall govern over extended amounts, and
words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the
BIDDER'S default in executing the required contract and filing the necessary bonds and
insurance certificates within ten working days after the date of the City of El Segundo's
notice of award of contract to the BIDDER, including sending by U.S. Mail a Public
Works Contract for signature by the Awardee, the proceeds of the security
Agreement No. 6905
accompanying this bid shall become the property of the City of El Segundo and this bid
and the acceptance hereof may, at the City of El Segundo's option, be considered null
and void.
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may
have been due under the requirements of any agency, State, or Federal equal
employment opportunity orders have been satisfactorily filed, and that no such reports are
currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority
business enterprises for those portions of the work to be subcontracted, and that such
affirmative actions have been fully documented, that said documentation is open to
inspection, and that said affirmative action will remain in effect for the life of any contract
awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to
meet all equal employment opportunity requirements of the contract documents.
NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals
are those named herein; that no officer, agent, or employee of the City of El Segundo is
personally interested, directly or indirectly, in this proposal; that this proposal is made
without connection to any other individual, firm, or corporation making a bid for the same
work and that this proposal is in all respects fair and without collusion or fraud.
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Agreement No. 6905
BID SCHEDULE
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Company Name: PALP, INC DBA
R(GE1,
BASE BID ITEMS, TABLE 1 OF 2
UNIT PRICE
ITEM
IN FIGURES
AMOUNT
NO.
DESCRIPTION
UNIT
QTY
$
$
1
Mobilization/Demobilization
LS
1
000
2
Traffic Control, Public Safety and
LS
1
Convenience
3
Utility Potholing
LS
1
4
Trench Shoring and Plating of
LS
1
Excavation
0
5
Remove Catchbasin, Local Depression
LS
1
and Connector Pipe Complete
--
0 --
6
Repair Opening in Existing 72-inch
EA
1
RCP
too
Remove Existing Improvements and
7
Construct 14-foot Curb Opening Catch
EA
1
Basin with Local Depression
l
quo
Remove Existing Improvements and
8
Construct 21-foot Curb Opening Catch
EA
1
Basin with Local Depression
-
L
Remove Existing Improvements and
9
Construct Curbside Grating Catch
EA
1
Basin with 3 Grates with Local
l _
wo
l
Depression
Construct 18-inch RCP Connector
10
Pipe from New Catch Basin, including
LF
55
Trench Resurfacing
Construct 24-inch RCP Connector
11
Pipe from New Catch Basin, including
LF
13
Trench Resurfacing
Iwo--
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Agreement No. 6905
BASE BID ITEMS CONTINUED. TABLE 2 of 2.
UNIT PRICE
ITEM
IN FIGURES
NO.
DESCRIPTION
UNIT
QTY
($)
AMOUNT $
12
Connect New Connector Pipe to
EA
3
Existing Storm Drain Main Line
Construct 3-foot Wide Asphalt
13
Concrete Slot Patch Around New
LF
131
Local Depression
AISf J'
Sidewalk and Curb Repairs to Join
14
New Catch Basins and Local
LS
1
Depressions
,-
Replace Damaged or Removed
15
Pavement Striping, Pavement
LS
1
Markers, Curb Paint, and Painted
Curb House Addresses in Kind
AL I CKNA I IVL bIU I I LM,. ueterminea p the
lat on
an as-neeaea
pasts.
UNIT PRICE
ITEM
IN FIGURES
NO. DESCRIPTION
UNIT
QTY
$
AMOUNT $
16
Miscellaneous Storm Drain
LS
1
$10,000
Improvements
17
6-inch Deep Asphalt Repair
SF
200
Please write in the anticipated number of weeks needed for project materials deliveries:
TOTAL BID ITEMS 1 THROUGH 17
=$
TOTAL BID WRITTEN IN WORDS:
All work shall be per these specifications and attachments. Prevailing wage rates apply. The
City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to
take all bids under advisement for a period of ninety (90) calendar days.
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Agreement No. 6905
(THIS PAGE LEFT BLANK)
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Agreement No. 6905
BIDDER'S INFORMATION
PALP, INC DBA
Company Name: EXCEL PAVING COMPANY
BIDDER certifies that the following information is true and correct:
Write in Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
CORPORATION
If corporation, State of Incorporation (i.e., California)
Business
Address LONG BEACH, CA 90806
Telephone No.
Facsimile No.
562) 599-5841
California
STATE LIC# 688659
State Contractor's License No. and Class A, C12, C31DIR# 562) 599-5841
State License Original Date Issued 561 Expiration Date
The following are the names, titles, email addresses, addresses, and phone numbers
of all individuals, firm members, partners, joint venturers, and/or corporate officers
having principal interest in this proposal:
Curtis P. Brown III President iath Jib „
David A. drukker Vice President
inancial Officer
Stefani A. Moreno Secretary
The date of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal is as follows:
All current and prior DBA's, aliases, and/or fictitious business names for any principal
having an interest in this proposal are as follows:
EXCEL PAVING COMPANY
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Agreement No. 6905
BIDDER'S INFORMATION (CONTINUED)
PALP, INC DSA
Company Name: EXCEL PAVING COMPANY
Bidder shall list the name of the person who attended the mandatory pre -bid job walk:
Name:
Title:
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Agreement No. 6905
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names,
titles, hands,
and seals of all aforenamed principals this day of I&
BIDDER PAL-P, INC DBA
EXCEL PAVING COMPANY
Subscribed and sworn to this
NOTARY PUBLIC
Curtis P. Brown III President
" �T�'�daY of 20
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Agreement No. 6905
PROPOSAL GUARANTEE
BID BOND
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
KNOW ALL MEN BY THESE PRESENTS that,
PALP Inc. dba Excel Paving Company , as BIDDER, and
Federal Insurance Company , as SURETY, are held and firmly bound unto the
Tern percent of the
City of El Segundo, in the penal sum of total amount of the bid DOLLARS ($1ooio, which
is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for
the above stated project, for the payment of which sum, BIDDER and SURETY agree
to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is
about to submit a bid to the City of El Segundo for the above stated project, if said bid is
rejected, or if said bid is accepted and a contract is awarded and entered into by
BIDDER in the manner and time specified, then this obligation shall be null and void,
otherwise it shall remain in full force and effect in favor of the City of El Segundo.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and
seals this
22nd day of January 2024
BIDDER* PALP Inc, dba Excel Paving Company 2230 Lemon Avenue
Long Beach, CA 90806
562-599-5841
Brown, III
SURETY* Federal Insurance Company 2028 Halls Mill Road
Whitehouse Station, NJ 08889
908- 903-3485
Douglas A.4Rapp
Attorney in Fact
Rapp Surety & Ins. Services, Inc., 999 Corporate Drive, Suite 100, Ladera Ranch, CA 92694
Subscribed and sworn to this day of 20 949-393-0740
NOTARY PUBLIC
*Provide BIDDER/SURETY name, title, address and telephone number and the name,
title, address, and telephone number for authorized representative.
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Agreement No. 6905
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 January 22, 2024 before me, Debra Swanson, Nota Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp ,
who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(a) is
subscribed to the within instrument and acknowledged to me that he ey executed the same in
hiss ., authorized capacity(rww ,), and that by his sir signatureEs) on the instrument the
person(s), or the entity upon behalf of which the person(*) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
DEBRA SWANSON
WITNESS my hand and official seal. Vb " COMM. # 2335630
-r NOTARY PUBIICGCAUPORNIA N
ORANGE COUNTY r4
� °" COM�4, B NOS 1 pW 2�tt
Signature (Seal)
,I I I 3E3'
Agreement No. 6905
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations ofthe Commonwealth of Pennsylvania,
do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, California--------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this Sib day of April, 2 021.
Rican %LChloros. Alsisl=Secretary
STATE OF NEW JERSEY
County of Hunterdon SS
Stephen U. Haney. Vice President
On this Sm day of April, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, tome known to be Assistant Secretary and Vice
President, respectively, ofFEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
Notarial Seal t
AR
K Y HERwEPUBLIC
NOTARY PUBLIC
O NEW JERSEY
NEW JERSEY
,w
Ftp' LtlS
J
16
No. 2576685
Commission Expires July 16. 2024 `"kua . t^udrlte
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE, COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf ofthe Company, of bonds, undertakings, recognizances, contracts and other written commitments ofthe Company
entered into in the ordinary course of business (each a "Written CommitmenCl:
(1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal
ofthe Company or otherwise.
(2) Each dulyappointed attorney -in -fact ofthe Company is hereby authorized to execute anyWritten Commitment forand on behalfofthe Company, under the seal ofthe Companyor otherwise,
to the extentthat such action is authorized bythe grant ofpowers provided for in such person's written appointment as such attorney -in -fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writing any person the attorney -in -
fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otherwise, such Written Commitments ofthe Company
as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authorityto execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments ofthe Companyas are specified Insuchwritten
delegation, which specification maybe by general type or class of Written Commitments or byspecification ofone or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal ofthe Company, may be affixed by
facsimile on such Written Commitment orwritten appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not limit or otherwise affect the exercise of a ny such power or authority otherwise val idly granted or vested."
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANYandACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect,
(il) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this January 22, 2024
mffl 1 1' �.' �
frrr:n \LChlnrah.:1ssistant
IN nW. EVENT YOU WISH TO VERIFY THE AU WENTKI'TY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONI ACT US AT.
rei . Anne 908 903 3493 1^ i+y§Y}',I 901; 3656 e-riiafl: swo khtibbxom
Combined: FED-VIG-PI-WFIC-AAIC (rev.. 11-19)
reement No. 6905
A4 11"N9,912 WIN M1911 MIT" 'A 0 0111117111111:4 Owm
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 FEB --6 2024
before me, R. Covin ton Notary Public ,
grrV' Rn 4Yarn4 ana Mlo OT the officer)
personally appeared Curtis P. Brown III r
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/axe subscribed to the within instrument and acknowledged to me that
he/xblcoXIwy executed the same in his/WjbSir authorized capacity(ies), and that by
his/hedtfaedr 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.
R. TON C
m '; r �
WITNESS my hand and official seal.COMM.#
LL %
'w.
CONIlM. tk2339692 n
3396
i ot.: ;y Public -California It
COUNTY
rNy COn1r��� fCSS)2
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
(title or description of attached document) • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• "11m notary public must ',print his or her ,name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title (notary public),
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he(she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
XX Copr orate Officer • The notary seal impression must be clear and photographically reproducible.
President Impression must not cover tent or pines. If seal impression smudges, re•sea] if a
(Title) sufficient Siggnn tore area
cl h e i� P blic mustemise r�mat h the siplete a ign nab ofile with at form,
fi
❑ Partner(s) Si store of the no on file with the office of
❑ Attorney -in -Fact v Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, number of pages and date.
❑ •'r Indicate the capacity claimed by the signer. If the claimed capacity is a
M di t th tikl CEO CFO Secretary)
corporat
e o cer, m ca e e a (r.e. , ,
2015 Version www.NolaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
Agreement No. 6905
1.
2.
3.
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
BIDDER'S Contractor's License Number is:
STATE LIC# 688659
Class No.:
The expiration date of BIDDER'S Contractor License is:
20
BIDDER acknowledges that Section 7028.15(e) of the Business and
Professions Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his
or her contractor's license number appears clearly on the bid, the license
expiration date is stated, and the bid contains a statement that
representations herein are made under penalty of perjury. Any bid not
containing this information, or a bid containing information which is
subsequently proven false, shall be considered non -responsive and shall
be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the
representations made by the undersigned in this bid proposal are true
and correct.
��1V
Executed on 20 20 , at
LONG BEACH t;alllornia (insert City and State where Declaration
signed).
Sig/ofiture
Curtis P. Brown III President
Typed Name
Title
PALP, INC DBA
Company Name PANS'
I-C-9
Agreement No. 6905
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
) ss.
County of )
Curtis R Brown III , being first duly sworn, deposes and say that he or she is
PALP, INC DBA
PRESIDENT of EXCEL PAVING COMIRAhbt
the party making the foregoing bid that the bid is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not
directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived, or agreed with any
BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any
other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and further, that the bidder has not, directly or indirectly, submitted his
or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
Si cure
Curtis P. Brown III President
PAT, INC DBA
EXCEL PAVING COMPANY
Name of Bidder/Company Name
Typed Name Date
Title
I-C-10
.... EB;:� ,- i )�° 2
reement No. 6905
Aw, At la Mar, Ma
Mw N 0
AL
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 F F - 6 2024
before me, R. Covin ton Notary Public ,
we mpan narne ano Tom 4A.iRe dY. ycer
personally appeared Curtis P. Brown III ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/aye subscribed to the within instrument and acknowledged to me that
he/scb[a" executed the same in his/I ( it authorized capacity(ies), and that by
his/heaWmdr 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.
R. CovINGTON
WITNESS my hand and official seal. (e)
o
CCC�n,A. #2339692 N
I
Public -California X
U.
LC r !LELESCOUNa
9y COMM,Expires Dec 8, 20 202A
Notary Public Signature (Notary Public Seal) "
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(rille or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
XD( Coorate Officer
President
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
p Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/sheldwi-,- is /ere) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
S Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
y Indicate title or type of attached document, number of pages and date.
r Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
Agreement No. 6905
WORKER'S COMPENSATION CERTIFICATION
Section 1861 OF THE LABOR CODE
(Workers' Compensation)
Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting
his/her PROPOSAL, shall sign the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of this
contract."
Signature of Bidder: ILI- -01-
Title: Curtis P. Brown III President
PAT, INC DBA
Business Name: EXCEL PAVING COMPANY
2230 LEMON AVE
Business Address: LONG BEACH, CA90806
Telephone Number: 599-5R41
Dated this day of FEB- 6 2024, 20
I-C-11
Agreement No. 6905
DESIGNATION OF SUBCONTRACTORS
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
PALP, INC DBA
Company Name: EXCEL PAVING COMPANY
As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder
certifies that it has listed below all subcontractors who will perform work in excess of
one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully
qualified to perform and will perform that portion of the work itself.
Subcontractor's
Contractor
License No., & Description of
Name of DIR Registration Portion of Work Estimated
Subcontractor Address No. Subcontracted $ Amount
(Number and Street) (CSLB #)
(City, Zip Code) (DIR #)
W
..............�
.........
(Ma_ copies of this page if additional space is needed)
7I; ii: 2 ,,. E 7024
Signature of Bidder Date
Curtis P. Brown III President
I-C-12
Agreement No. 6905
DESIGNATION OF SUBCONTRACTORS
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
PALP, INIC 013A
Company Name: EXCEL PAVING COMPANY
As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder
certifies that it has listed below all subcontractors who will perform work in excess of
one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully
qualified to perform and will perform that portion of the work itself.
Subcontractor's
Contractor
License No., & Description of
Name of DIR Registration Portion of Work Estimated
Subcontractor Address No. Subcontracted $ Amount
(Number and Street) (CSLB #)
(City, Zip Code) (DIR #)
(Mak opies of this page if additional space is needed)
I .
FFR - 6 2024
Signature of Bidder Date
Curtis P. Brown III President
I-C-12
Agreement No. 6905
REFERENCES
PALP, INC 06A
Company Name: EXCEL PAVING C0514PANY
The following are the names, addresses, and telephone numbers for public agencies
for which BIDDER has performed similar work as the prime contractor or major
subcontractor within the past five (5) years:
SEE p.Rp,CHED
1. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $
Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?_
Z Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $
Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?_
I-C-13
Agreement No. 6905
I Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $
Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
4. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
I-C-14
Agreement No. 6905
5. Project Title.
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and
sureties from whom BIDDER intends to procure insurance bonds:
I-C-15
Agreement No. 6905
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Company Name: PALP, INC DBA
Please state all instances of being disqualified, removed, or otherwise prevented
from bidding on, or completing, a federal, state, or local government project due to a
violation of a law or safety regulation.
1. Have you ever been disqualified from any government contract?
Yes ❑ No
2. If yes, explain the circumstances:
3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to
register re uires the City to reject your bid as nonresponsive]?
Yes No ❑
Curtis P. Brown III
President
Bi r"s Signature
Curtis P. Brown III President
Name (Please Print)
I-C-16
Agreement No. 6905
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Company Name: .- BA ALR INC D
To be awarded this contract, the successful bidder must procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form
No. CG 00 01 1185 or 88. The amount of insurance set forth above must be a combined single
limit per occurrence for bodily injury, personal injury, and property damage for the policy
coverage. Liability policies must be endorsed to name the City, its officials, and employees as
"additional insureds" under said insurance coverage and to state that such insurance will be
deemed "primary" such that any other insurance that may be carried by the City will be excess
thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or
equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not
be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers,
officials, employees, and volunteers for losses arising from work performed by Contractor for
the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92,
including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as required herein,
and such other evidence of insurance or copies of policies as may be reasonably required by
the City from time to time. Insurance must be placed with admitted insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of "A: VII." Certificate(s) must reflect that
the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will
require its insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete
the word "endeavor" with regard to any notice provisions.
The City requires California Worker's Compensation Coverage with the associated Waiver. Out-
of-state coverage will not be accepted in lieu of the California coverage, because the work is
being performed in the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with
these insurance requirements if it is selected as the City's consultant. Failure to provide this
insurance will render the bidder's proposal "nonresponsive."
FEB "- 0
Date Bi 0er"s Signature Curtis P. Brown III
President
I-C-17
Agreement No. 6905
END PROPOSAL SECTION
I-C-18
Agreement No. 6905
FAITHFUL PERFORMANCE BOND
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
Bond No. K40564469
Bond Fee: $951.00
PALP Inc. dba Excel Paving Companyas
principal
("PRINCIPAL.")and Federal Insurance Company a corporation
incorporated under the laws of the State of Indiana and licensed by
the State :of California to execute: bonds and undertakings as sole surety, as surety.
("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY') in the
sum of ONE. HUNDRED SEVENTY-TWO THOUSAND, NINE HUNDRED FIFTY-NINE
DOLLARS, lawful money of the United States, Which may be. increased or decreased
by 6 rider hereto executed. in the same manner as this bond, for the payment of which
sum PRINCIPAL and SURETY bind themselves.i 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, PLANS AND SPECIFICATIONS
NO.. PW 24-04., and the public. works. contract executed with
h, 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 PLANS'
AND SPECIFICATIONS NO.: PW 24w04, 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, e5 which . profiles . whic h are made a part of this bond when said plans and
profiles are approved by the City Council and filed with CITY'sw Engineering Division::
CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should
PRINCIPAL fail to,, complete all required work within the time allowed, CITY may, at its
sole: discretion, cause all required work to be done and the parties executing the, bond
will be firmly bound for the payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work labor, or
I-E-1
Agreement No. 6905
3. PRINCIPAL will guarantee its work against any defective work; labor, or
materials on the Public Project far a period of one (1) year following the Public Project's
completion and acceptance by CITY.
4, This bond is conditioned upon and guarantees due compliance withal:
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 PLANS AND SPECIFICATIONS NO. PW 24.-04 or of the
obligation to be performed will in any way affect. its obligation on this bond, and it: waives
notice of any such change, extension of time, alteration or modification of the contract
documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications
identified above; and the following two (2) attached. exhibits all of which are
incorporated herein by reference:.
A. A certified copy of the appointment, power of attorney,
bylaws or other instrument entitling or authorizing the
persons: executing this bond to do so;
B. A, certificate issued by the county clerk for the county in
which SURETY's representative is located conforming with
California Code: of Civil Procedure § 995.640 and stating
that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended,
or in the event that it has, that renewed authority has been
granted; and
7, Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING: PAGE]
I-E-2
Agreement No. 6905
SIGNED AND SEALED this 22nd day of April, 2024
/PALP,11n Adba Excel Company Federal Insurance Company
L 44�
P SL&ETy Douglas A. Rapp
PAL's PRESIDENT
Urt P row 'I, I Attorney in Fact
Brown, III
""Otft SECRETARY !f PRINCIPAL'S
Crissa A. Phillips
PRINCIPAL'S MAILING ADDRESS: SURETY's MAILING ADDRESS.-
PALP Inc. dba Excel Paving Compgggy Federal Insurance Company
2230 Lemon Avenue 555 So. Flower Street, 3rd Floor
Long Beach, CA.90806 Los Angeles , CA 90071
562-599-5841 213-612-5574
NOTE (1) ALL signaturesmust be acknowledged by a: notary. public.
Rieturn one (1) original. to City Clerk's: Office.,
(2) Bond shall be effective: for one (1) year after acceptance of the job:
I-E-3
Agreement No. 6905
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 April 22, 2024 before me, Debra Swanson Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person(*) whose name(a) ismm
subscribed to the within instrument and acknowledged to me that he executed the same in
hisMer00vair authorized capacity*w), and that by hisAwWOveir signature fa) on the instrument the
person(e), or the entity upon behalf of which the person(*) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal,
DEBRA SWANSON
COMM. # 2335630 X
NOTARY PUSUC-CALIFORNIA X
ORANGE COUNTY
" My COMM, EX . NOV 10, 2024
(Seal)
m' III Ism Illiiiiimiiii IIIIIIIIIIIIIIIj Agreement No. 6905
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, California-----------------------------------------------------------------
each as their true and lawful Attorney-in-Factto execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalfas surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 11th day ofApri12024.
Ruperc HD Swindell. Assistant Sec a tare
STATE OF NEW JERSEY
County of Hunterdon SS.
W.-Irren llichhtn•n.vice Pr(Adent
On this 11w day of April, 2022 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, tome known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power ofAttorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn,
severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the
seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly
affixed and subscribed by like authority.
Notarial Seal �, AlbertCoctursi _
aq C NOTARY PUBLIC OF NEW JERSEY
'soar No 50202369✓
9 nr o wr Commission Expires August 22,2027 Kati" "lie
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal
of the Company or otherwise.
(2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise,
to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is helrehy authorized, for and on behalf of the Company, to a.ppoa nt in writing any person the attorney -in -
fact of the Company with full power and authority to execute, for and on behalf of the, Company, under the seal of the Company or otherwa s;„ such Written Commitments of the Company
as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Comvpany, to delegate in writing to any other officer of the
Company the authority to execute, forand on behalf of the Company, under the Company's seal or otherwise, such Written Cotmeni:taw ews of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this April 22, 2024
C17176-7115`11111
Rupert HD Swindells, Assistant Secretary
IN.1"11PPVIaN"IY7t1 t5I1TOVERIFYTHEAUTHENTICITYOFTHISBOND ORNOTIFY USOFANYOTlIPRMATTER, PLEASE CONTACT USAT:
't"e.Ie�hawruo '904'3''J0i9-'.TA!JT Fax ?J47k3 903-3Fi,r^W'e-ntauV: wure'ti rhluhbxorn
Combined: FED-VIG-PI-WFIC-AAIC (rev 11-19)
Agreement No. 6905
No. 5389
STATE OF CALIFORNIA
01 \ \ �
SAN FRANCISCO
AMENDED
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California,
Federal Insurance Company
of Indianapolis, Indiana, organized under the laws of Indiana, subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby 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,
Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler,
Team and Vehicle, Automobile, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 15`* day of October, 1990, I
have hereunto set my hand and caused my official seal to be affixed
this 10 day of October, 1990.
Fee $77.00 Roxani M. Gillespie
Insarawe Commissioner
Rec. No. 542421
Filed 5/30/90 By
Victoria S. Sidbury
Deputy
Certification
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have
compared the above copy of Certificate ofAuthority with the duplicate of original now on f le in my office,
and that the same is a full, true, and correct transcript thereof, and of the whole of said duplicate, and
said Certificate of Authority is now in full force and effect.
IN WITNESS WHEREOF, I have set my hand and caused my official seal
to be affixed this 20 day ofJune, 2023.
Ricardo Lana.
Imura me commissioner
By U)4"
Lisa Winfrey
0386M.1
CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 d-n 21 1 2-before me, Myisha Monique Riven, Notary Public , Notary Public,
(Here insert name and title of the officer)
personally appeared Curtis P. Brown III and Crissa A. Phillips
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
4'iguatureofN;tasy blic
MYISHA MONIQUE RIVEN
COMM. #2377053
Notary Public -California
a LOS ANGELES COUNTY a
My Comm. Expires Sep 30, 2025
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
lie/she/tke},- is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary sea] impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service, Inc. —All Rights Reserved www.TheProLinkconn —Nationwide Notary Service
Agreement No. 6905
LABOR AND MATERIALS BOND
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Bond No. K40564469
Bond Fee: Included in Fee for
Performance Bond
PALP Inc. dba Excel Paving Company as
principal
("PRINCIPAL") and Federal Insurance Company a corporation
incorporated: under the: laws: of the State of Indiana and licensed b.y
the State of California to execute bonds and undertakings as sole surety, as surety
("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the
sum of ONE HUNDRED SEVENTY-TWO THOUSAND, NINE HUNDRED FIFTY-NINE
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 abort the performance of the work contemplated in
PLANS AND SPECIFICATIONS: NO. PW 24-04 ("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 PLANS
AND SPECIFICATIONS NO. PW 24-04, 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 fled with C.ITY'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
L-F-1
Agreement No. 6905
used, in, on, for or about the performance: of the Public Project, and will pay for all work
and labor thereon.
4. This bond is conditioned upon. and guarantees due compliance with all
app
licable law including, without limitation, the El Segundo: Municipal Code ESMC
5: SURETY, for value: received, agrees: that no changes, extensibns:of time,,.
alteration or modification of PLANS AND SPECIFICATIONS NO. PW 24-0.4, or of the
obl'i , gation to be performed will in any way affect its obligation on this bond, and itmaives
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. in which
A certificate issued 1�,y the: county clerk for the county
SURETY's representative is located conforming with California Code:
of Civil Procedure § 995i640: 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
.... I... .. that: �: - .$ . . .. .. ... ..h
been granted.
7. Should PRINCIPAL perform its obligations: within the time allowed,
PRINCIPAL's obligation will be. void upon the: acceptance of theperformance byCITYYw.
otherwise. this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I-F-2
Agreement No. 6905
SIGNED AND: SEALED this 22nd day of. Aril 20 24
PALP Inc. dtg Excel Paving Company Federal Insurance Company
T SECRETARY
Crissa A. Phill
PRINCIPAL'S MAILING ADDRESS:
PALP Inc. dba Excel Paving Com an
2230 Lemon Avenue
Long Beach, CA 90806
562-599-5841
SURUTY'DOU'919iK R9 P
Attorney in Fact
SURETY'S MAILING ADDRESS:
Federal Insurance Com an
555 So. Flower Street 3rd Floor
Los Angeles, CA 90071
213-612-5574
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:
-F-3
Agreement No. 6905
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 April 22, 2024 before me, Debra Swanson Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person(*) whose name(e) ism
subscribed to the within instrument and acknowledged to me that he*mAlvoy executed the same in
his authorized capacity(w), and that by his signature(e) on the instrument the
person(-&), or the entity upon behalf of which the person(-&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal,;,, DEBRASwANSON
COMM. # 2335630 X
NOTARY PUSUGCAUFORNIA X
Y ORANGE COUNTY N
NIY COMM, EXP. NOV tad, �t4'
Seal
Signature 1,�;.��a� r� .�� � � (Seal)
II I �miii IllElllllllllllllm Agreement No. 6905
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Ladera Ranch, California-----------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalfas surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 11th day ofApri12024.
'` t "�
1-1 :>
RupercHD SwindOls.Assistant Secretary
STATE OF NEW JERSEY
County of Hunterdon SS„
W;Irren Firhhcni.Vice Prc%ident
On this 111b day of April, 2022 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, tome known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn,
severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the
seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly
affixed and subscribed by like authority.
Notarial Seal c Albert Contursi
NOTARY PUBLIC OF NEW JERSEY
No 50202369". ........��_....-..
Commission Expires August 222027 t atirry
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment'):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal
of the Company or otherwise.
(2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe Company or otherwise,
to the extent thatsuch action is authorized by the grant of powers provided for in such person's written appointmentas such attorney -in -fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company Ishenby'ak' hori,md,Iorand on behalf of the Ct)mpany,toappointtnWriting rany person the aatltorlwy-'iw
fact of the Company with full power and authority to execute, for and on behaifofthe Company, under the seal oftheCompanyorotherwise,such 'Written Co.mmr trneutsofaheCompany
as may be specified in such written appointment, which specification may be by general type or class.. of Written Commitments o�r by specification 0 one or more Particular Writtenr.
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authorityto execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or byspeciFication of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not lim it or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
1, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this April 22, 2024
Rupert HD Swindells, Assistant Secretary
INT@IE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NO"CIFYUS OF ANY OTHER MATTER, PLEASE CONTACT US AT:.
Tolephonc 90R 903-3493 Fax .- 903.3fr56 a^..-mau9P. sunk. taa:hutkb.corn.
Combined: FED-VIG-PI-WFIC-AAIC (rev 11-19)
Agreement No. 6905
No. 5389
STATE OF CALIFORNIA
SAN FRANCISCO
AMENDED
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California
Federal Insurance Company
of Indianapolis, Indiana, organized under the laws of Indiana, subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby 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,
Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler,
Team and Vehicle, Automobile, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 15'i' day of October, 1990, I
have hereunto set my hand and caused my official seal to be affixed
this 1 Sei day of October, 1990.
Fee $77.00 Roxani M. Gillespie
Insurance Commissioner
Rec. No. 542421
Filed 5/30/90 By
Victoria S. Sidbury
Deputy
Cert (cation
I, .the undersigned Insurance Commissioner of the State of California, do hereby certify Ihat I have
compared the above copy of Cert ficate of Authority with the duplicate of original now on f le in my office,
and that the same is a full, true, and correct transcript thereof, and of the whole of said duplicate, and
said Certificate of Authority is now in full force and effect.
IN WITNESS WHEREOF, I have set my hand and caused my official seal
to be affixed this 201 day ofJune, 2023.
Ricardo Lara
Insurance Commissioner
Lira Win rey
An3889zo.r
CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Z.Z- ZZbefore me, Myisha Monique RHere iven, Noand tary tle of Public
ublic) , Notary Public,
personally appeared Curtis P. Brown III and Crissa A. Phillips
.. ........_
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.
MYISHA MONIQUE RIVEN
53
WITNESS m hand and official seals #23770or M
y � Notary
Public -California �
U. LOS ANGELES COUNTY a
.,, .. sty Comm. Expires Sep 30, 2025
(Notary Seal)
Si lature of'Nott Kibiic Yu
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other _._...........__
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
lie/she/the)-, is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C 2004-2015 PmLink Signing Service, Inc —All Rights Reserved www.TheProLinkcom —Nationwide Notary Service
Agreement No. 6905
CONTRACT DOCUMENTS
PLANS & SPECIFICATIONS
FOR
CENTER STREET STORM DRAIN
IMPROVEMENTS PROJECT
PROJECT NO. PW 24-04
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
350 MAIN STREET
EL SEGUNDO, CA 90245
310-524-2300
https://www.elsegundo.org/government/departments/city-clerk/bid-rfp
htt s://www.else undo�.or / overnment/de artments/ ublic-works/re nest- ublic-works-
bid
MANDATORY PRE -BID MEETING
TUESDAY, JANUARY 30, 2024
AT 11:30 AM
AT THE CENTER ST./E. OAK AVE. INTERSECTION
EL SEGUNDO, CA 90245
BIDS DUE TUESDAY, FEBRUARY 6120247 AT 11:00 AM
I
Agreement No. 6905
riSscor000
MANDATORY PRE -BID MEETING
JANUARY 30, 2024, AT 11:30 AM
AT THE CENTER ST./E. OAK AVE. INTERSECTION
EL SEGUNDO, CA 90245
Location Map
PW 24-04: Center Street Storm Drain Improvements Project
Southeast coru.ner of the
Centeu Street/l:"w:. Oak w:;,
untersectuon
V%GS_IBB9 y*kk Mer®mr_AindalySphere
Manhattan:
6egerd
Clty Boundery
Storm Dran Pm,ect Area
��,m, Notes
lYn%MmM rwr e de mw�r� ��dwMP do AM 'e '��W'p"`"'`i +tl R°
xmy bkxx4t �
M+F � iu+o4 M, M^ o M �rvrverlr 9a zy..%� u, vaw�,wY rc� emo-M� MareCrvau'u o
7
Agreement No. 6905
BIDS WILL BE RECEIVED
UP TO THE HOUR
OF 11:00 A.M.
TUESDAY, FEBRUARY 6, 2024
IN THE
OFFICE OF THE CITY CLERK
CITY HALL
350 MAIN STREET
EL SEGUNDO, CALIFORNIA 90245
AT WHICH TIME THEY WILL BE
PUBLICLY OPENED
3
Agreement No. 6905
SPECIAL INSTRUCTIONS TO CONTRACTORS
Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS,
pages II-B-25 thru 11-B-26 "LIABILITY INSURANCE".
ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED
COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING
A BID PACKAGE.
Public Works Department as well as any applicable Building/Safety Permit from the City
Building Planning and Building Safety Department. The permits will be issued on a "no -fee"
�i2sis.
The Contractor shall be responsible for calling the Building Safety Division for inspections.
All noted deficiencies shall be corrected by the contractor. The project will not be accepted
as complete until the contractor obtains a final sign -off from the Department of Planning
and Building Safety.
Agreement No. 6905
TABLE OF CONTENTS
SECTION I — LEGAL
A. NOTICE INVITING SEALED BIDS
B. BIDDING INSTRUCTIONS
1. DEFINITION
2. BIDDER'S REPRESENTATIONS
3. BIDDING DOCUMENTS
4. INTERPRETATION OR CORRECTION OF BIDDING
DOCUMENTS
5. PRODUCT SUBSTITUTIONS
6. SUBCONTRACTORS
7, ADDENDA
8. PRE -BID CONFERENCE
9, FORM AND STYLE OF BIDS
10. BID SECURITY
11. MODIFICATION OR WITHDRAWAL OF BID
12.OPENING OF BIDS
13. REJECTION OF BIDS
14. AWARD
C. PROPOSAL
PAGE
I-A-1 TO A-3
I-C-1 TO I-C-17
1. PROPOSAL, FIRST PAGE
2. BID SCHEDULES
a. BASE BID
3. BIDDER'S INFORMATION
4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT
5. PROPOSAL GUARANTEE BID BOND
6. CONTRACTOR'S LICENSE DECLARATION
7. NON -COLLUSION AFFIDAVIT
8. WORKER'S COMPENSATION CERTIFICATION
9. DESIGNATION OF SUBCONTRACTORS
10.REFERENCES
11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS
11. INSURANCE REQUIREMENTS
D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT I-D-1 TO D-5
E. FAITHFUL PERFORMANCE BOND I-E-1 TO E-3
F. MATERIAL AND LABOR BOND I-F-1 TO F-3
Agreement No. 6905
SECTION II — GENERAL REQUIREMENTS PAGE
A. GENERAL SPECIFICATIONS II-A-1 TO A-2
1. REGISTRATION OF CONTRACTORS
2. INSURANCE AND CITY BUSINESS LICENSE
3. EMERGENCY INFORMATION
4. FURNISHING OF WATER
5. CALIFORNIA — OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION
6. SOUND CONTROL
7. AIR POLLUTION CONTROL
8. WORKER UNIFORMS
B. STANDARD SPECIFICATIONS II-B-1 TO B-34
0-1 STANDARD SPECIFICATIONS
0-2 NUMBERING OF SECTIONS
0-3 MODIFICATIONS
1-2 DEFINITIONS
1-2.1 ADDITIONAL DEFINITIONS
1-3 ABBREVIATIONS
2-0 SCOPE AND CONTROL OF WORK
2-1.1 ACCESS TO PROJECT SITE
2-1.2 OWNERSHIP AND USE OF CONTRACT
DOCUMENTS
2-3 SUBCONTRACTS
2-3.1 GENERAL
2-3.2 ADDITIONAL RESPONSIBILITY
2-4 CONTRACT BONDS
2-5 PLANS AND SPECIFICATIONS
2-5.1 GENERAL
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
2-8 RIGHT-OF-WAY
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
2-9 SURVEYING
2-9.3 SURVEY SERVICE
2-9.3.1 CONSTRUCTION SURVEYING
2-9.3.2 MEASUREMENT AND PAYMENT
3-3.2.2 BASIS FOR ESTABLISHING COSTS
3-3.2.3 MARK UP
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Agreement No. 6905
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
IN
Agreement No. 6905
SECTION II — GENERAL REQUIREMENTS (Continued)
6-11.3 CLAIMS SUBMITTED TO ENGINEER
6-11.4CLAIMS IS PREREQUISITE TO OTHER REMEDY
6-11.5 DECISION ON CLAIMS
6-11.6APPEAL OF ENGINEER'S DECISION
6-11.7 MEDIATION
6-11.8 ARBITRATION
6-11.9 WHEN ARBITRATION DECISION BECOMES
BINDING
6-11.10APPEAL TO SUPERIOR COURT; WAIVER
OF JURY TRIAL
7-2 LABOR
7-2.3 PREVAILING WAGES
7-2.4 RECORD OF WAGES PAID; INSPECTION
7-3 LIABILITY INSURANCE
7-3.1 GENERAL
7-3.2 INDEMNIFICATION AND DEFENSE
7-5 PERMITS
7-8.1 CLEAN UP AND DUST CONTROL
7-8.1.1 GENERAL
7-8.1.2 WATERING
7-8.6 WATER POLLUTION CONTROL
7-9 PROTECTION AND RESTORATION OF
EXISTING IMPROVEMENTS
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 TRAFFIC AND ACCESS
7-10.2 STREET CLOSURES, DETOURS, BARRICADES
7-10.5 PROTECTION OF THE PUBLIC
7-15 HAZARDOUS MATERIAL
9-2 LUMP SUM WORK
9-3.2 PARTIAL AND FINAL PAYMENTS
9.3.3 DELIVERED MATERIALS
100-1TERMINATION OF AGENCY LIABILITY
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Agreement No. 6905
SECTION III — SPECIAL PROVISIONS
APPENDICES
1. City Chap
2. Typical No Parking Sign — El Segundo Standard ST-18
3. Construction and Demolition Recycling Forms
4. Project Plans
v
Agreement No. 6905
NOTICE INVITING SEALED BIDS
FOR
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
IN THE CITY OF EL SEGUNDO
PROJECT NO.: PW 24-04
The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main
Street, El Segundo, California 90245, until 11:00 a.m. on:
TUESDAY, FEBRUARY 6, 2024
at which time they will be publicly opened. Bids will not be accepted after that time
As described in the Bidding Documents, the bids are for a public works project
("Project") which consists of Center Street Storm Drain Improvements Project and related
work as shown on the plans on file with the City's Public Works Department. Work
includes traffic control, removal and replacement of existing catchbasin and storm drain
pipe, installation of new catchbasin and storm drain pipe, concrete work, hot mix asphalt
paving, and replacement of striping and pavement markers as needed.
Work on the Project must be performed in strict conformity with Specifications No. PW
24-04 as adopted by the El Segundo City Council on January 16, 2024, which is filed
with the Public Works Department. Contractors bidding the project shall provide a
minimum of five government agency, preferably municipal, references. The references
shall be for the contractors" building similar projects (in terms of scope, size, types
magnitude„ and complexity), as the prime contractor in the past five (5) years. Bidders
shall include references, etc. to demonstrate qualification.
Copies of the Plans, Specifications, Contract Documents and Engineer's estimate are
available from the Engineering Division of the Public Works Department, City of El
Segundo, 350 Main Street, El Segundo, California, 90245. Plans And Specifications are
alternately available electronically via
https://www.elsegundo.org/government/departments/public-works/request-public-works-
bid
A mandatory pre -bid meeting is scheduled for Tuesday, January 30, 2024, at
11:30 AM at the Center St./E. Oak Ave. intersection in El Segundo, CA 90245.
Failure to attend the mandatory meeting will disqualify a company's bid. All
questions regarding the project are due to
https://www.elsegundo„org/government/departments/public-works/request-public-
works-bid by Wednesday, January 31, 2024, at 4:00 PM.
The terms and conditions for bidding on the Project are described in the attached
Bidding Instructions.
Agreement No. 6905
This project requires payment of State: prevailing rates of wages for Los Angeles
County. The contractor must post copies of the prevailing schedule at each job site.
Copies of these rates of wages are available frorn the State of California Department of
Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website
for this agency is currently located at www.dir.ca.gov.
Note that the Project is subject to compliance monitoring and enforcement by California
Department of Industrial Relations. Pursuant to California law, the City must find bids
failing to comply with all applicable Labor Code requirements including, without
limitation, Labor Code §§ 1725.5 and 1771.4 to be nonresponsive.
The contractor to whom the contract is awarded must assist in locating, qualifying,
hiring, and increasing the skills of minority group employees and applicants for
employment, as set forth in Executive Order 11246 and 11375.
Any contract entered into pursuant to this notice will incorporate the provisions of the
State Labor Code. Compliance with the prevailing rates of wages and apprenticeship
employment standards established by the State Director of Industrial Relations will be
required.
Affirmative action to ensure against discrimination in employment practices on the basis
of race, color, national origin, ancestry, sex, or religion will also be required.
The City of El Segundo hereby affirmatively ensures that minority business enterprises
will be afforded full opportunity to submit bids in response to this notice and will not be
discriminated against on the basis of race, color, national origin, ancestry, sex, or
religion in any consideration leading to the award of contract.
The Contractors duty to pay State prevailing wages can be found under Labor
Code Section 1770 et. Seq. and Labor Code Sections 1775 and 1777.7 outline the
penalties for failure to pay prevailing wages and employ apprentices including
forfeitures and debarment.
Five percent (5%) will be deducted from each progress payment and retained by the
City. The remainder less the amount of all previous payments will be paid to the
Contractor. Pursuant to Public Contracts Code (°"'PCC") § 22.300„ the Contractor may
substitute securities for retention monies helot by the City or request that the City place
such monies into an escrow account. The Contractor is notified„ pursuant to PCC §
22300, any such election will be at the Contractor own expense and will include costs
incurred by the City to accommodate the Contractor's request.
In entering into a Public Works contract, or a subcontract, to supply goods, services, or
materials pursuant to a public works contract, the Contractor, or Sub -Contractor,
offers and agrees to assign to the awarding body all rights, title and interest in, and to,
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section
15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2
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Agreement No. 6905
of Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract. This
assignment shall be made and become effective at the time the awarding body tenders
final payment to the Contractor, without further acknowledgment by the parties.
Bids must be prepared on the approved Proposal forms in conformance with the
Instructions to Bidders and submitted to the City Clerk, 350 Main Street, City of El
Segundo, in a sealed envelope plainly marked on the outside:
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
"SEALED BIDS FOR PROJECT NO.: PW 24-04
IN THE CITY OF EL SEGUNDO
DO NOT OPEN WITH REGULAR MAIL"
The bid must be accompanied by a bid bond, made payable to the City of El Segundo
for an amount no less than ten percent (10%) of the amount bid for the base contract.
No bid will be accepted from a Contractor who has not been licensed in accordance
with the provisions of the State Business and Professions Code. For these projects,
those acceptable classes of license shall be "A" and "C- 4". The successful
Contractor and his Sub -Contractors will be required to possess the correct license for
their project classifications, and valid City Business Licenses from the City of El
Segundo.
The City of El Segundo reserves the right to reject any or all bids, to waive any
irregularity, and to take all bids under advisement for a period of ninety (90) calendar
days.
Any contract entered into pursuant to this notice shall become effective or enforceable
against the City of El Segundo only when the formal written contract has been duly
executed by the appropriate officer(s) of the City of El Se!undo.
DATED this day of , 2024.
CITY OF EL SEGUNDO, CALIFORNIA
Tracy Weaver, City Clerk
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Agreement No. 6905
BIDDING INSTRUCTIONS
1, DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special
Conditions, or other Contract Documents are applicable to all Bidding Documents.
1.1 "Addenda" means written, or graphic instruments issued by the City before
the Bid Deadline that modify or interpret the Bidding Documents by additions,
deletions, clarifications, or corrections.
1.2 "Alternate" means a proposed change in the Work, as described in the
Bidding Documents which, if accepted, may result in a change to either the
Contract Sum or the Contract Time, or both.
1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as
the last date and time for receipt of Bids, as may be revised by Addenda.
1.4 "Bidder" means a person or firm that submits a Bid.
1.5 "Bidding Documents" means the construction documents prepared and
issued for bidding purposes including all Addenda.
1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder
offers to perform the Work described in the Bidding Documents, but not
including unit price items or Alternates.
1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to
perform the Unit Price Work for a fixed price per unit of measurement.
2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that:
2.1 Bidder read, understood, and made the Bid pursuant to the requirements in
the Bidding Documents.
2.2 Bidder visited the Project site and is familiar with the conditions under which
the Work will be performed and the local conditions as related to the Contract
Documents.
2.3 The Bid is based upon the materials, equipment, and systems required by
the Bidding Documents.
2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current
licenses issued by the State of California Contractor's State License Board
for the Work to be performed. If Bidder is a joint venture, the Bidder will have
a joint venture license appropriate for the performance of the work, and each
member of the joint venture will likewise have the appropriate license.
Business and Professions Code §§ 7000-7191 establish licensing
requirements for contractors. If a Bidder, that is a specialty contractor,
submits a Bid involving 3 or more specialized building trades, the work of
which is more than incidental and supplemental to the performance of the
Work for which Bidder holds a specialty contractor license, Bidder must also
hold either (1) a specialty contractor "C" license in each such trade„ (2) a.
General Engineering contractor "A" license, or (3) a General Building
contractor "B" license. This requirement is applicable whether or not Bidder
lists a Subcontractor for each such trade.
2.5 If licensure or proper licensure is controverted, then proof of licensure
Agreement No. 6905
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.
2.6 Bidder has the expertise and financial capacity to perform and complete all
obligations under the Bidding Documents.
2.7 The person executing the Bid Form is duly authorized and empowered to
execute the Bid Form on Bidder's behalf.
2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable
Code Requirements in its performance of the Work.
2.9 The Bidder has paid the City's business license fee(s)
2.10 The Bidder, per SB 854 requirements for public projects, has registered with
and paid their annual fee to the California State Department of Industrial
Relations. Information about SB 854 and its requirements can be found at
this link:
http://www.dir.ca.gov/Public-Works/SB854.html
3. BIDDING DOCUMENTS
3.1 Bidders may obtain complete sets of the Bidding Documents from the
City's Public Works Department for the sum stated in the Notice for Bids.
3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.
3.3 The City makes copies of the Bidding Documents available, on the above
terms, for the sole purpose of obtaining Bids for the Work and does not
confer a license or grant permission for any other use of the Bidding
Documents.
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
4.1 Before submitting its Bid, Bidder will carefully study and compare the various
documents comprising the Bidding Documents and compare them with any
other work being bid concurrently or presently under construction which
relates to the Work for which the Bid is submitted; will examine the Project
site, the conditions under which the Work is to be performed, and the local
conditions; and will at once report to the City's Representative errors,
inconsistencies, or ambiguities discovered.
4.2 Requests for clarification or interpretation of the Bidding Documents will be
addressed to the City's Representative.
4.2.1 The release of the bid package begins a quiet period for potential
Bidders participating in this project. The City of El Segundo realizes it
is critical to provide Bidders with a vehicle to ask questions so that
quality responses can be prepared. Questions must be submitted in
writing to project managers via the City website:
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Agreement No. 6905
https://www.elsegundo.org/government/departments/public-
works/req uest-pu blic-works-bid
Responses to all questions will be provided in writing to all Bidders in
accordance with the schedule below. We will not identify companies
or individuals that pose questions. Potential bidders must not call City
of El Segundo employees to discuss potential projects or ask
questions regarding the bid.
Questions Due by Wednesday, January 31, 2024, at 4:00 PM
Questions Answered by February 2, 2024
4.3 Clarifications, interpretations, corrections, and changes to the Bidding
Documents will be made by Addenda. Clarifications, interpretations,
corrections, and changes to the Bidding Documents made in any other
manner will not be binding and Bidders must not rely upon them.
5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of
Contract. Substitutions will only be considered after award of the Contract and as
provided for in the Contract Documents.
6. SUBCONTRACTORS.
6.1 Each Bidder will list in the Bid Form all first -tier Subcontractors that will
perform work, labor, or render such services. The Bid Form contains spaces
for the following information when listing Subcontractors: (1) Work Activity,
(2) name of Subcontractor; (3) city of 'Subcontractor's business location..
Failure to list any of these items on the Bid Form will result in the City treating
the Bid as if no Subcontractor was listed for the Work and that Bidder
represents to the City that it is fully qualified to perform that portion of the
Work and will perform do so.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid
Deadline with the City's written consent in accordance with California law.
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Agreement No. 6905
7. ADDENDA.
7.1 Addenda will be in writing and issued only by the City. Addenda will be
mailed or delivered to all who are known by the City to have received a
complete set of Bidding Documents and who have provided a street address
for receipt of Addenda.
7.2 Copies of Addenda will be made available for inspection at the City's Public
Works Department.
7.3 The City will issue Addenda so that they are received by prospective Bidders
not later than three (3) business days before the Bid Deadline. Addenda that
withdraw the request for Bids or postpone the Bid Deadline may be issued
anytime before the Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued
Addenda before issuing a Bid.
8. PRE -BID CONFERENCE. Bidder will attend a Pre -Bid Conference where City will
discuss the Bidding Documents, answer questions, accept comments, and conduct
a Project site visit. The City requires all Pre -Bid Conference attendees to arrive for
the meeting on time and to sign an attendance list which is used to determine if
Bidders meet this requirement. Any Bidder not attending the Pre -Bid Conference in
its entirety will be deemed to have not complied with the requirements of the Bidding
Documents and its Bid will be rejected.
9. FORM AND STYLE OF BIDS
9.1 Bids will be submitted on the Bid Form included with the Bidding Documents.
Bids not submitted on the City's Bid Form will be rejected.
9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.
9.3 Bidder's failure to submit a price for any Alternate or unit price will result in
the Bid being considered as nonresponsive. If Alternates are called for and
no change in the Lump Sum Base Bid is required, enter "No Change."
9.4 Each Bidder must fill out the "Bidders Statement of Past Contract
Disqualifications" form stating any and all instances of contract
disqualifications due to a violation of a law or safety regulation. The Bidder
must explain the circumstances of each disqualification. The City may reject
the bid based on such information.
9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any
manner.
9.6 The Bids will be based upon full completion of all the Work as shown on the
plans and specifications. It is expressly understood that the plans are drawn
with as much accuracy as is possible in advance, but should errors,
omissions or discrepancies exist in the plans which show conditions that vary
from those encountered in construction, the Bidder (if awarded the Contract)
specifically agrees to construct a completed work ready for the use and in the
manner which is intended. In the event of increasing or decreasing of work,
the total amount of work actually done, or materials or equipment furnished
must be paid for according to the unit or lump sum price established for such
work under the contract, wherever such unit or lump sum price has been
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Agreement No. 6905
established. In the event no prices are named in the contract to cover such
changes or alterations, the cost of such changes must be covered as extra
work.
9.7 The Bid Form will be signed by a person or persons legally authorized to bind
Bidder to a contract. Bidder's Representative will sign and date the
Declaration included in the Bid Form. Failure to sign and date the declaration
will cause Bid to be rejected.
9.8 Bids must be submitted in writing on the Proposal forms provided by the City
of El Segundo. One (1) set of these Proposal forms is inserted loose herein
for use by the bidders. Bidders are required to submit one (1) original set
of the proposal forms. All information requested therein must be clearly and
legibly set forth in the manner and form indicated.
9.9 Bidders must satisfy themselves by personal examination of the work site,
Plans, Specifications, and other contract documents, and by any other
means as they may believe necessary, as to the actual physical conditions,
requirements, and difficulties under which the work must be performed. No
bidder shall at any time after submissions of a proposal make any claim or
assertion that there was any misunderstanding or lack of information
regarding the nature or amount of work necessary for the satisfactory
completion of the job. Any errors, omissions, or discrepancies found in the
Plans, Specifications, or other contract documents shall be called to the
attention of the City of El Segundo and clarified prior to the submission of
proposals.
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Agreement No. 6905
10. BID SECURITY
10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the
Lump Sum Base Bid as security for Bidder's obligation to enter into a
Contract with the City on the terms stated in the Bid Form and to furnish all
items required by the Bidding Documents. Bid Security will be a Bid Bond on
the form provided by the City, or a certified check made payable to "City of El
Segundo." When a Bond is used for Bid Security, failure to use the City's Bid
Bond form will result in the rejection of the Bid.
10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and
furnish all items required by the Bidding Documents within the time limits
specified in these Instructions to Bidders, the City will disqualify such Bidder
and select the next apparent lowest responsible Bidder until all bids have
been exhausted or the City may reject all bids. In such an event, the
disqualified Bidder will be liable for and forfeit to the City the amount of the
difference, not to exceed the amount of the Bid Security, between the amount
of the disqualified Bid and the larger amount for which the City procures the
Work.
10.3 If a Bid Bond is submitted and an attorney -in -fact executes the Bid Bond on
behalf of the surety, a notarized and current copy of the power of attorney will
be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in
the latest published State of California, Department of Insurance list of,
"Insurers Admitted to Transact Surety Insurance in This State."
10.4 The City will retain Bid Security until the occurrence of one of the following:
10.4.1 All items required by the Bidding Documents have been furnished
and the Agreement has been signed by the successful Bidder and
the City.
10.4.2 The specified time has elapsed during which Bids may be
withdrawn.
10.4.3 All Bids have been rejected.
10.5 The Bid Form, Bid Security, and all other documents required to be
submitted with the Bid must be enclosed in a sealed opaque envelope. The
envelope must be addressed to the City Clerk. The envelope must be
identified with the Bidder's name and address, and identify the Project for
which the Bid is submitted, as follows: "SEALED BIDS FOR PW 24-04:
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT. DO NOT
OPEN WITH REGULAR MAIL." Proposals may be mailed or delivered by
messenger.
10.6 Bids will be deposited at the designated location on or before the Bid
Deadline. A Bid received after the Bid Deadline will be returned to Bidder
unopened.
10.7 Bidder will assume full responsibility for timely delivery at the location
designated for receipt of Bids..
10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be
accepted.
10.9 All proposals must be submitted, filed, made, and executed in accordance
with State and Federal laws related to bids for contracts of this nature
Agreement No. 6905
whether the same is expressly referred to herein or not. Any bidder
submitting a proposal shall by such action thereby agree to each and all of
the terms, conditions, provisions, and requirements set forth, contemplated,
and referred to in the Plans, Specifications, and other contract documents,
and to full compliance therewith.
11. MODIFICATION OR WITHDRAWAL OF BID.
11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn.
Notice of such action will be given to the City in writing and signed by the
Bidder's authorized representative. A change so made will be so worded as
not to reveal the amount of the original Bid.
11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it
then fully complies with the Bidding Requirements.
11.13 Bid Security will be in an amount sufficient for the Bid as modified or
resubmitted.
11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after
the Bid Deadline unless otherwise provided in Supplementary Instructions to
Bidders.
11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of
the proposal guarantee.
11.16 The withdrawal of a proposal will not prejudice the right of the bidder to
submit a new proposal, providing there is time to do so.
11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City
Business License, or any other tax, as all amounts bid will be deemed and
held to include any such taxes, which may be applicable.
11.18 No mention shall be made in the proposal of the cost of bonds as all amounts
bid will be deemed and held to include any such costs, which may be
applicable.
12.OPENING OF BIDS. Bids submitted in the manner required by these instructions
and are received on or before the Bid Deadline will be opened publicly.
13. REJECTION OF BIDS.
13.1 The City will have the right to reject all Bids.
13.2 The City will have the right to reject any Bid not accompanied by the required
Bid Security or any other item required by the Bidding Documents, or a Bid
which is in any other way materially incomplete or irregular.
13.2.1 Unrequested/unauthorized conditions, limitations, or provisions
attached to a proposal will render it irregular and may cause its
rejection. The completed proposal farms shall be without
interlineations, alterations, or erasures. Alternative proposals will not
be considered unless specifically requested. No oral, telegraphic, or
telephonic proposal, modification, or withdrawal will be considered.
13.3 In the event that any bidder acting as a prime contractor has an interest in
more than one proposal', all such proposals will be rejected, and the bidder
will be disqualified. This restriction does not apply to subcontractors or
I-B-7
Agreement No. 6905
suppliers who may submit quotations to more than one bidder, and while
doing so, may also submit a formal proposal as a prime contractor. No
proposal will be accepted from a bidder who has not been licensed in
accordance with the provisions of the State Business and Professions Code.
14.AWARD
14.1 The City may retain all bids for a period of sixty (90) days for examination
and comparison, and to delete any portion of the work from the contract.
14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to
accept the lowest responsive Bid as determined by The City.
14.3 The City will have the right to accept Alternates in any order or combination,
unless otherwise specifically provided in the Bidding Documents.
14.4 The City will determine the low Bidder on the basis of the sum of the Lump
Sum Base Bid plus all unit prices multiplied by their respective estimated
quantities as stated in the Bid Form, if any, plus the Contractor Delay
Damages multiplied by the "Multiplier" as stated in the Bid Form, plus the
amounts of all accepted Alternates.
14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely
for the purpose of determining the low bidder and establishing the
City's maximum daily liability as a result of City delays to Contractor, if
any, and City has no obligation to pay any daily Contractor Delay
Damages except as provided for in these Contract Documents for
Compensable Delays. In the event that City becomes liable to
Contractor for compensable delays, City agrees to pay Contractor the
daily Contractor Delay Damages set forth in the Proposal Form or
Contractor's actual daily delay damages, whichever is less, for each
day of Compensable Delay as provided for by these Contract
Documents.
14.5 The City will select the apparent lowest responsive and responsible Bidder
and notify such Bidder within thirty (30) days (unless number of days is
modified in Supplementary Instructions to Bidders) after the Bid Deadline or
reject all bids. Within ten (10) days after receiving the City's notice that
Bidder was selected as the apparent lowest responsible Bidder, Bidder will
submit to the City all of the following items:
14.5.1 One original of the Agreement signed by Bidder.
14.5.2 One original of the Payment Bond.
14.5.3 One original of the Performance Bond.
14.5.4 Certificates of Insurance on form provided by the City.
14.5.5 Names of all Subcontractors, with their addresses, telephone number,
facsimile number, trade on Bidders' company stationery. Evidence, as
required by the City, of the reliability and responsibility of the proposed
Subcontractors such as statements of experience, statements of
financial condition, and references.
14.5.6 Preliminary Contract Schedule.
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Agreement No. 6905
14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of
Securities in Lieu of Retention and Deposit of Retention. If not
submitted, the City will withhold retention.
14.5.8 Cost Breakdown.
14.6 Before award of the Contract, the City will notify Bidder in writing, if the City
objects to a Subcontractor proposed by Bidder, in which case Bidder will
propose a substitute acceptable to the City. Failure of the City to object to a
proposed Subcontractor before award will not preclude the City from
requiring replacement of any Subcontractor based upon information received
subsequent to award, information which cannot be properly evaluated before
award due to time constraints, or information relating to a failure to comply
with the requirements of the Contract.
14.7 If Bidder submits the original signed Agreements and all other items within
ten (10) days after receiving the City's notification, and all such items comply
with the requirements of the Bidding Documents, the City will award the
Contract to Bidder by signing the Agreement and returning a signed copy of
the Agreement to Bidder.
14.8 If the City consents to the withdrawal of the Bid of the apparent lowest
responsible Bidder, or the apparent lowest responsible Bidder fails or refuses
to sign the Agreement or submit to the City all of the items required by the
Bidding Documents, within ten (10) days after receiving the City's notification,
or the City determines that the Bidder is not financially or otherwise qualified
to perform the Contract, the City may reject such Bidder's Bid and select the
next apparent lowest responsible Bidder, until all bids are exhausted, or
reject all Bids.
RM
Agreement No. 6905
PROPOSAL
FOR THE
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Date 20�
Company Name:
TO THE CITY OF EL SEGUNDO:
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the
undersigned BIDDER hereby proposes to furnish all materials, equipment,, tools, labor,
and incidentals required for the above stated project as set forth in the Plans,
Specifications, and contract documents therefor, and to perform all work in the manner
and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site,
Plans, Specifications, Instructions to Bidders, and all other contract documents.
Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself
regarding the contract documents, access and any other field conditions which may
affect bid prices, If this proposal is accepted for award, BIDDER agrees to enter into a
contract with the City of El Segundo at the unit and/or lump sum prices set forth in the
following Bid Schedule. BIDDER understands that failure to enter into a contract in the
manner and time prescribed will result in forfeiture to the City of El Segundo of the
proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire wont, that the estimated
quantities set forth in the Bid Schedule are solely for the purpose of comparing birds,
and that final compensation Linder the contract will be based upon the actual quantities
of wont satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT
TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND
TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump
sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of
discrepancies in the amounts bid, unit prices shall govern over extendedamounts, and
words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the
BIDDER'S default in executing the required contract and filing the necessary bonds and
insurance certificates within ten working days after the date of the City of El Segundo's
notice of award of contract to the BIDDER, including sending by U.S. Mail a Public
Works Contract for signature by the Awardee, the proceeds of the security
Agreement No. 6905
accompanying this bid shall become the property of the City of El Segundo and this bid
and the acceptance hereof" may, at the City of El Segundo's option, be considered null
and void.
BIDDER certifies that in all previous contracts or subcontracts, all reports which may
have been due under the requirements of any agency, State, or Federal equal
employment opportunity orders have been satisfactorily filed, and that no such reports are
currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority
business enterprises for those portions of the work to be subcontracted, and that such
affirmative actions have been fully documented, that said documentation is open to
inspection, and that said affirmative action will remain in effect for the life of any contract
awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to
meet all equal employment opportunity requirements of the contract documents.
BIDDER declares that the only persons or parties interested in this proposal as principals
are those named herein; that no officer, agent, or employee of the City of El Segundo is
personally interested, directly or indirectly, in this proposal; that this proposal is made
without connection to any other individual, firm, or corporation making a bid for the same
work and that this proposal is in all respects fair and without collusion or fraud.
I-C-2
Agreement No. 6905
BID SCHEDULE
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Company Name:
BASE BID ITEMS, TABLE 1 OF 2
ITEM
NO.
DESCRIPTION
UNIT
QTY
UNIT PRICE
IN FIGURES
$
AMOUNT
$
1
Mobilization/Demobilization
LS
1
2
Traffic Control, Public Safety and
Convenience
LS
1
3
Utility Potholing
LS
1
4
Trench Shoring and Plating of
Excavation
LS
1
5
Remove Catchbasin, Local Depression
and Connector Pipe Complete
LS
1
6
Repair Opening in Existing 72-inch
RCP
EA
1
Remove Existing Improvements and
7
Construct 14-foot Curb Opening Catch
EA
1
Basin with Local Depression
Remove Existing Improvements and
8
Construct 21-foot Curb Opening Catch
EA
1
Basin with Local Depression
Remove Existing Improvements and
9
Construct Curbside Grating Catch
Basin with 3 Grates with Local
EA
1
Depression
Construct 18-inch RCP Connector
10
Pipe from New Catch Basin, including
LF
55
Trench Resurfacing
Construct 24-inch RCP Connector
11
Pipe from New Catch Basin, including
LF
13
Trench Resurfacing
I-C-3a
Agreement No. 6905
BASE BID ITEMS CONTINUED TABLE 2 of 2
ITEM
NO.
DESCRIPTION
UNIT
QTY
UNIT PRICE
IN FIGURES
$
AMOUNT $
Connect New Connector Pipe to
EA
3
12
Existing Storm Drain Main Line
Construct 3-foot Wide Asphalt
13
Concrete Slot Patch Around New
LF
131
Local Depression
Sidewalk and Curb Repairs to Join
14
New Catch Basins and Local
LS
1
Depressions
Replace Damaged or Removed
Pavement Striping, Pavement
LS
1
15
Markers, Curb Paint, , and Painted
Curb House Addresses in Kind
it TCCAIATI%/C DIF1 ITGMC rIMarminad by the City on an as -needed basis.
/'1L1 LI\I�r\I
IV VIV II �I�.r. r............�-. .,.
---
PRICE
ITEM
IN FIGURE
NO.
DESCRIPTION
[UNIT
UNIT
QTY
$ -
.AMOUNT $
Miscellaneous Storm Drain
LS
1
$10,000
16
Improvements
17
6-inch Deep Asphalt Repair
SF
200
Please write in the anticipated number of weeks needed for project materials deliveries:
TOTAL BID ITEMS 1 THROUGH 17
TOTAL BID WRITTEN IN WORDS:
All work shall be per these specifications and attachments. Prevailing wage rates apply. The
City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to
take all bids under advisement for a period of ninety (90) calendar days.
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Agreement No. 6905
(THIS PAGE LEFT BLANK)
I-C-4
Agreement No. 6905
BIDDER'S INFORMATION
Company Name:
BIDDER certifies that the following information is true and correct:
Write in Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
If corporation, State of Incorporation (i.e., California)
Business
Address
Telephone No.
Facsimile No.
State Contractor's License No. and Class DIR#
State License Original Date Issued Expiration Date
The following are the names, titles, email addresses, addresses, and phone numbers
of all individuals, firm members, partners, joint venturers, and/or corporate officers
having principal interest in this proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal is as follows:
All current and prior DBA's, aliases, and/or fictitious business names for any principal
having an interest in this proposal are as follows:
I-C-5
Agreement No. 6905
BIDDER'S INFORMATION (CONTINUED)
Company Name:.
Bidder shall list the name of the person who attended the mandatory pre -bid job walk:
Name:
Title:
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Agreement No. 6905
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names,
titles, hands,
and seals of all aforenamed principals this day of 20
BIDDER
Subscribed and sworn to this day of 20_
NOTARY PUBLIC
I-C-7
Agreement No. 6905
PROPOSAL GUARANTEE
BID BOND
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
KNOW ALL MEN BY THESE PRESENTS that,
, as BIDDER, and
, as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of DOLLARS (__I, which
is ten (10%) percent of the total amount bid by -BIDDER to the City of El Segundo for
the above stated project, for the payment of which sum, BIDDER and SURETY agree
to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is
about to submit a bid to the City of El Segundo for the above stated project, if said bid is
rejected, or if said bid is accepted and a contract is awarded and entered into by
BIDDER in the manner and time specified, then this obligation shall be null and void,.
otherwise it shall remain in full force and effect in favor of the City of El Segundo.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and
seals this
day of , 20
BIDDER*
SURETY*
Subscribed and sworn to this day of 20
NOTARY PUBLIC
*Provide BIDDER/SURETY name, title, address and telephone number and the name,
title, address, and telephone number for authorized representative.
I-C-8
Agreement No. 6905
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
1. BIDDER'S Contractor's License Number is:
Class No.:
2. The expiration date of BIDDER'S Contractor License is:
,20 —
3. BIDDER acknowledges that Section 7028.15(e) of the Business and
Professions Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his
or her contractor's license number appears clearly on the bid, the license
expiration date is stated, and the bid contains a statement that
representations herein are made under penalty of perjury. Any bid not
containing this information, or a bid containing information which is
subsequently proven false, shall be considered non -responsive and shall
be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the
representations made by the undersigned in this bid proposal are true
and correct.
Executed on . 20 , at
signed).
Signature
Typed Name
Title
Company Name
(insert City and State where Declaration
I-C-9
Agreement No. 6905
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
) ss,
County of )
being first duly sworn, deposes and say that he or she is
of
the party making the foregoing bid that the bid is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not
directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived, or agreed with any
BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any
other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other BIDDER, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and further, that the bidder has not, directly or indirectly, submitted his
or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
Signature
Typed Name
Title
Name of Bidder/Company Name
Date
I-C-10
Agreement No. 6905
WORKER'S COMPENSATION CERTIFICATION
Section 1861 OF THE LABOR CODE
(Workers' Compensation)
Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting
his/her PROPOSAL, shall sign the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of this
contract."
Signature of Bidder:
Title:
Business Name:
Business Address:
Telephone Number:
Dated this day of 20
I-C-11
Agreement No. 6905
DESIGNATION OF SUBCONTRACTORS
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Company Name;
As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder
certifies that it has listed below all subcontractors who will perform work in excess of
one-half of one percent (0.5%) of the total bid' price or certifies that the bidder is fully
qualified to perform and will perform that portion of the work itself.
Subcontractor's
Contractor
License No., & Description of
Name of DIR Registration Portion of Work Estimated
Subcontractor Address No. Subcontracted $ Amount
(Number and Street) (CSLB #)
....
(City, Zip Code) (DIR #)
(Make copies of this page if additional space is needed)
Signature of Bidder Date
I-C-12
Agreement No. 6905
REFERENCES
Company Name:
The following are the names, addresses, and telephone numbers for public agencies
for which BIDDER has performed similar work as the prime contractor or major
subcontractor within the past five (5) years:
1. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project? _
2 Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $
Date completed:
Amount of work done by my/our firm under contract $.
Did your firm have any financial interest in Project?
I-C-13
Agreement No. 6905
3, Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $-_ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
4. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
I-C-14
Agreement No. 6905
5. Project Title:
Location:
Name and address of owner
.............................
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $
Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and
sureties from whom BIDDER intends to procure insurance bonds:
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Agreement No. 6905
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Company Name:
Please state all instances of being disqualified, removed, or otherwise prevented
from bidding on, or completing, a federal, state, or local government project due to a
violation of a law or safety regulation.
1. Have you ever been disqualified from any government contract?
Yes ❑ No ❑
2. If yes, explain the circumstances:
3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to
register requires the City to reject your bid as nonresponsive]?
Yes ❑ No ❑
Bidder's Signature
Name (Please Print)
I-C-16
Agreement No. 6905
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Company Name:
To be awarded this contract, the successful bidder must procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form
No. CG 00 01 1185 or 88. The amount of insurance set forth above must be a combined single
limit per occurrence for bodily injury, personal injury, and property damage for the policy
coverage. Liability policies must be endorsed to name the City, its officials, and employees as
"additional insureds" under said insurance coverage and to state that such insurance will be
deemed primarysuch that any other insurance that may be carried by the City will be excess
thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or
equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not
be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers,
officials, employees, and volunteers for losses arising from work performed by Contractor for
the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92,
including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as required herein,
and such other evidence of insurance or copies of policies as may be reasonably required by
the City from time to time. Insurance must be placed with admitted insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of "A: VI I." Certificate(s) must reflect that
the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will
require its insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete
the word "endeavor" with regard to any notice provisions.
The City requires California Worker's Compensation Coverage with the associated Waiver. Out-
of-state coverage will not be accepted in lieu of the California coverage" because the work is
being performed in the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with
these insurance requirements if it is selected as the City's consultant. Failure to provide this
insurance will render the bidder's proposal "nonresponsive."
Date
I-C-17
........................................
Bidder's Signature
Agreement No. 6905
END PROPOSAL SECTION
I-C-18
Agreement No. 6905
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
[CONTRACTOR]
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
This CONTRACT is entered into this day of , 20 , by and
between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the
City") and , ("the Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents
(the "Work"). The Contractor agrees to do additional work arising from
changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents.
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to
Bidders; Supplementary Instructions to Bidders; Proposal; this Contract;
Standard Specifications; Supplementary' Conditions; Exhibits; Technical
Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed;
Change Orders; Notice of Completion; and all other documents identified
in the Contract Documents which together form the contract between the
City and the Contractor for the Work. The Contract Documents constitute
the complete agreement between the City and the Contractor and
supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed
Dollars ( ) for the Work in the manner set forth in the Contract
Documents. The City may adjust this amount as set forth in the Contract
Documents.
3. TIME FOR PERFORMANCE.
Agreement No. 6905
A. The Contractor will fully complete the Work within forty-five (45) 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
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
I-D-2
Agreement No. 6905
documents and materials as desired but will deliver all original materials to the City
upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types
and limits of insurance coverage to be maintained by the Contractor as required by
the Contract Documents, and any approval of such insurance by the City, are not
intended to and will not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Contractor pursuant to the Contract Documents,
including, without limitation, to the provisions concerning indemnification.
10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and
the manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus, or similar benefits the City provides for its
employees. Any provision in this Contract that may appear to give the City the right
to direct the Contractor as to the details of doing the work or to exercise a measure
of control over the work means that the Contractor will follow the direction of the City
as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have
free access at all reasonable times to such records, and the right to examine and
audit the same and to make transcript therefrom, and to inspect all program data,
documents, proceedings, and activities. The Contractor will retain such financial and
program service records for at least three (3) years after termination or final
payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
The City
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
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Agreement No. 6905
will be deemed given at the time of actual delivery. Changes may be made in the
names or addresses of persons to whom notices are to be given by giving notice in the
manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of the
Contractor's or the City's obligations under this Contract.
14.INTERPRETATION. This Contract was drafted in and will be construed in
accordance with the laws of the State of California, and exclusive venue for any
action involving this Contract will be in Los Angeles County.
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.
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Agreement No. 6905
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.
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Agreement No. 6905
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO
Darrell George,
City Manager
ATTEST,.
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
21
Joaquin Vazquez,
Deputy City Attorney
Insurance Reviewed by:
[CONTRACTOR]
Name,
Its
Name,
Its
Taxpayer ID No.
Contractor State
License No.:
Contractor City
Business License No.:
Agreement No. 6905
FAITHFUL PERFORMANCE BOND
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Bond No.
Bond Fee:
and a corporation
as principal ("PRINCIPAL")
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, PLANS AND SPECIFICATIONS
NO. PW 24-04, 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 PLANS
AND SPECIFICATIONS NO. PW 24-04 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 Projectwill be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Shoubd
PRINCIPAL. fail to complete all required work within the time allowed, CITY may, at its
sole discretion, cause all required work to be done and the parties executing the bond
will be firmly bound for the payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
Agreement No. 6905
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all
applicable law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of PLANS AND SPECIFICATIONS NO. PW 24-04 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. 6905
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
20
SURETY's PRE61ULN I
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. 6905
LABOR AND MATERIALS BOND
CENTER STREET STORM DRAIN IMPROVEMENTS PROJECT
PROJECT NO.: PW 24-04
Bond No.
Bond Fee:.
principal
("PRINCIPAL") and a corporation
as
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 persona renting equipment; payment by PRINCIPAL and all
PRINCIPAL'S subcontractors for all materialls, provisions, provender, or other supplies,
and equipment used in, upon, for or about the performance of the work contemplated in
PLANS AND SPECIFICATIONS NO. PW 24-04 ("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 PLANS
AND SPECIFICATIONS NO. PW 24-04, 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
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Agreement No. 6905
and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all
applicable law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of PLANS AND SPECIFICATIONS NO. PW 24-04, 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. 6905
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
NOTE: (1)
(2)
20
SURETY's PRESIDENT
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 6905
SECTION II - GENERAL REQUIREMENTS
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL SPECIFICATIONS
1. REGISTRATION OF CONTRACTORS
No bid will be accepted from a Contractor who has not been licensed in accordance
with the provisions of the laws of the State of California relating to licensing of
contractors, for the type of work to be performed under this Contract.
2. INSURANCE AND CITY BUSINESS LICENSE
Contractor and Sub -Contractors will obtain appropriate insurance and a City Business
License before execution of the construction contract.
3. EMERGENCY INFORMATION
The names, addresses and telephone numbers of the CONTRACTOR and
subcontractors,
or their representatives, will be filed with the City Engineer and the City Police
Department
BEFORE PERFORMING WORK.
............
•
Water necessary for the prosecution of the work as herein specified will be furnished by
the City in the following manner:
The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of
One Thousand Four Hundred Forty -Four Dollars ($1,444.00) to insure against
damage to a 2'/2' Fire Hydrant water meter which will be furnished and installed by the
City at a point convenient to the site of the work. This deposit will be refunded to the
CONTRACTOR upon completion of the Project if, after removal and inspection of said
meter by the City„ it is found to be in satisfactory condition. In event of damage to this
meter while under the jurisdiction of the CONTRACTOR, all, or any part of said deposit
may be retained by the City.
A non-refundable Activation Fee of One Hundred Ten Dollars ($110.00) will be
charged upon activation of the temporary meter.
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Agreement No. 6905
All work performed under this contract will be done in strict compliance with the Cal -
OSHA Rules and Regulations, latest edition.
6. SOUND CONTROL
The Contractor will comply with all local sound control and noise level rules,
regulations 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. 6905
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS
0-1 GENERAL
Except as modified by these Standard Specifications„ the provisions of the latest
edition of the "Standard Specifications for Public Works Construction" and its
supplements prepared and promulgated by the Southern California Chapters of
the American Public Works Association and the Associated General Contractors
of America, constitute the Standard Specifications for this project.
0-2 NUMBERING OF SECTIONS
The numbering contained within the Standard Specifications of the Contract
Documents is intended to correspond with Greenbook numbering.
0-3 MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the
Greenbook, the Contract Documents take precedence.
1-2 DEFINITIONS
The following subsection is added to Subsection 1-2 of the Greenbook.
1-2.1 ADDITIONAL DEFINITIONS
Acceptance — The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors
employed by the City.
Bidder - Any individual, firm, partnership, corporation, or combination thereof,
submitting a proposal for the work contemplated, acting directly or through a duly
authorized representative.
City Council - The body constituting the awarding authority of the City.
Compensable Delay -- a delay entitling the Contractor to an adjustment of the
Contract Sum and an adjustment of the Contract Time in accordance with this
Agreement.
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Agreement No. 6905
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."
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
11-B-2
Agreement No. 6905
WATCH Work Area Traffic Control Handbook
SPPWC Standard Plans for Public Works Construction by the American
Public Works Association current edition and subsequent
supplements
ASA American Standard Association
CITY City of El Segundo
SSP State of California Standard Plans, current edition
SSS State of California Standard Specifications, current edition
SECTION 2 — SCOPE AND CONTROL OF WORK
The following subsections 2-1.1 and 2-1.2 are added to the Greenbook.
2-1.1 ACCESS TO PROJECT —SITE
Not later than the date designated in the current Contract Schedule submitted by
the Contractor, the City will provide access to the real property and facilities
upon which the Work is to be performed, including access to real property and
facilities designated in the Contract Documents for the Contractor's use.
2-1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS.
The Contract Documents and all copies furnished to or provided by the
Contractor are the City's property and may not be used on other work.
Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and
replaced with the following subsection.
2-3.1 GENERAL
Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the
name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the
construction of the work or improvement, or a subcontractor licensed by the
State of California who, under subcontract to the prime contractor, specifically
fabricates and installs a portion of the work or improvement according to detailed
drawings contained in the plans and specifications, in an amount in excess of
one-half of one percent of the prime contractor's total bid. Only one
subcontractor will be listed for each portion of the work, which portion will be
defined in the bid. In each instance, the nature and extent of the work to be
sublet will be described. The failure of the Contractor to specify a subcontractor,
or the listing of more than one subcontractor for the same portion of the work,
constitutes an agreement by the Contractor that it is fully qualified to perform that
portion itself and that it will perform that portion itself.
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Agreement No. 6905
The Contractor must have the City Council's written consent to substitute a
subcontractor other than that designated in the original bid, to permit any
subcontract to be assigned or transferred, or to allow a subcontract to be
performed by other than the original subcontractor.
Subcontracting of work for which no subcontractor was designated in the original
bid, and which is more than one-half of one percent of the work, will be allowed
only in cases of public emergency or necessity, and then only after a finding
reduced to writing as a public record of the City Council setting forth the facts
constituting the emergency or necessity.
Violation of any of the above provisions will be considered a breach of the
Contract, and the City may terminate the Contractor's control over the Work,
cancel the contract, or assess the Contractor a penalty of not more than ten
percent of the subcontract involved.
All persons engaged in the work, including subcontractors and their employees
will be considered as employees of the Contractor. The Contractor will be solely
responsible for and have control over construction means, methods, techniques,
sequences, procedures, and the coordination of all portions of the Work. The
City will deal directly with, and make all payments to, the prime Contractor.
When subcontracted work is not being prosecuted in a satisfactory manner, the
Contractor will be notified to take corrective action. The Engineer may report the
facts to the City Council. If the City Council so orders, and on receipt by the
Contractor of written instructions from the Engineer, the subcontractor will be
removed immediately from the Work. That subcontractor will not again be
employed on the Work.
If licensure or proper licensure is controverted, then proof of licensure pursuant
to this section must be made by production of a verified certificate of licensure
from the Contractors' State License Board which establishes that the individual
or entity bringing the action was duly licensed in the proper classification of
contractors at all times during the performance of any act or contract covered by
the action. Nothing in this subdivision requires any person or entity controverting
licensure or proper licensure to produce a verified certificate. When licensure or
proper licensure is controverted, the burden of proof to establish licensure or
proper licensure is on the licensee.
r 90
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
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Agreement No. 6905
Work.
The following paragraph is added to Subsection 2-4 of the Greenbook.
The Faithful Performance Bond and the Labor and Materials Bond must be paid
up and in effect for one year after the acceptance of the job by the City in
accordance with the guarantee required by Subsection 6-8.1.
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
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Agreement No. 6905
responsible for the resulting losses, including, without limitation, the costs
of correcting defective work.
The following paragraph is added to subsection 2-5.2 of the Greenbook:
As the figured dimensions shown on the plans and in the specifications of the
Contract may not in every case agree with scaled dimensions, the figured
dimensions will be followed in preference to the scaled dimensions, and plans to
a large scale will be followed in preference to the plans to a small scale. Should
it appear that the work to be done, or any of the matters relative thereto, are not
sufficiently detailed or explained in the Contract, the Contractor will apply to the
Engineer for such further explanations as may be necessary, and will conform
thereto as part of the Contract so far as may be consistent with the terms
thereof. Any items shown on drawings and not mentioned in the specifications
will be of like effect as if shown or mentioned in both.
•
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.
The following subsection is added to Subsection 2-8 of the Greenbook.
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
[
Agreement No. 6905
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,
monitors 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
Contractorwill', 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 MARKUP
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Agreement No. 6905
Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the
following subsection:
(a) Work by Contractor. The following percentages will be added to the
Contractor's costs and will constitute the markup for all overhead and
profits.
1) Labor ...................................... 20
2) Materials.................................15
3) Equipment Rental...................15
4) Other Items and Expenditures 15
To the sum of the costs and markups provided for in this subsection, 1
percent will be added as compensation for bonding. No other formula,
e.g., the Eichleay or other method, may be used to calculate daily
damages for office overhead, profit, or other purported loss.
(b) Work by Subcontractors. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) will
be applied to the Subcontractor's actual cost of such work. A markup of
10 percent on the first $5,000 of the subcontracted portion of the extra
work and a markup of 5 percent on work added in excess of $5,000 of the
subcontracted portion of the extra work may be added by the Contractor.
(c) In the event that City becomes liable to Contractor for compensable
delays, City agrees to pay Contractor the daily Contractor Delay
Damages set forth in the Bid Form or Contractor's actual daily delay
damages, whichever is less, for each day of Compensable Delay as
provided for by these Contract Documents.
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.
o of
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
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Agreement No. 6905
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:
1. Subsurface or latent physical conditions differing materially from those
represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature differing materially
from those ordinarily encountered and generally recognized as inherent in
work of the character being performed; and
3. Material differing from what is represented in the Contract which the
Contractor believes may be hazardous waste as defined in California
Health & Safety Code § 25117 that is required to be removed to a Class I,
II, or III disposal site in accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed
conditions. The Engineer's decision, and any dispute regarding that decision, will
be made in accordance with Section 6-11 except that the Engineer will render a
decision promptly.
Any information provided pursuantto 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
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Agreement No. 6905
Subsection 3-5 is deleted in its entirety and replaced by the following subsection.
If the Contractor and the City do not reach agreement on disputed work, the City
may direct the Contractor to proceed with the work. Any payment for the
disputed work will be determined pursuant to the claims procedures in these
Standard Specifications. Although not to be construed as proceeding under extra
work provisions, the Contractor will keep and furnish records of disputed work as
required by the Contract Documents.
4-1.3 INSPECTION REQUIREMENTS
Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and
replaced by the following subsections.
4-1.3.1 GENERAL
Unless otherwise specified, inspection at the source of production for such
materials and fabricated items as bituminous paving mixtures, structural concrete,
fabricated metal products, cast metal products, welding, reinforced and
unreinforced concrete pipe, application of protective coatings, and similar shop
and plant operations is not required. A certificate of compliance, signed by an
authorized officer of the producer, certifying compliance with the contract
documents will be submitted for all of the following materials: steel pipe, sizes
less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe;
reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer and water
pipe; subject to sampling and testing by City.
Standard items of equipment, such as electric motors, conveyors, plumbing
fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the
job site.
All other equipment items will be inspected and tested in accordance with the
contract documents.
The City does not provide full time inspection. The Contractor will provide 24-hour
minimum notice for each inspection required by the work unless other
arrangements have been agreed upon, in writing, with the City Engineer. Any
inspection required outside of normal working hours and days, including holidays,
will be at the Contractor's cost at rates established by the City.
4-1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY
Contractor purchased materials, fabricated items, and equipment, produced at
sources located more than 50 miles outside the corporate limits of the City, and
which are specified to be inspected in the Contract Documents, will be inspected
by inspectors or testing laboratories arranged for and paid for by City. Report of
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Agreement No. 6905
such inspection must be submitted to the City. If any item inspected fails to meet
the specified criteria, the Contractor will pay all costs for reinspection, and such
costs may be deducted from payments due to the Contractor.
4-1.6 TRADE NAMES OR EQUALS
Whenever any material, product, equipment, or service is specified by brand,
trade, or proprietary name, the item so specified will be deemed to be followed
by the words "or equal".
For the City's consideration of a proposed "equal" item, the Bidder will submit, a
minimum of ten (10) calendar days before the date of the bid opening,
documentation of the particulars of the proposed "equal item". At a minimum, the
submitted documentation will include:
• Written request with explanation of why the product should be considered
as an equal product.
• Material specifications.
• Technical specifications.
■ Test data.
Samples.
Comparison chart of key specifications of the "equal" item against similar
specifications of the specified item.
Work locations and reference telephone numbers of at least three (3)
locations where the proposed "equal" item has been recently installed
under similar conditions.
Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal"
product is acceptable to the City five (5) calendar days before the date of the bid
opening. Failure to submit all required documentation and/or submittal of
incomplete documents may result in the City"s rejection of the proposed "equal'"''
product without further consideration.
5-2 PROTECTION
The following subsection is added to Subsection 5-2 of the Greenbook.
5-2.1 INCORRECT LOCATION OF UTILITIES
If the Contractor, while performing the Work, discovers utility facilities not
identified correctly or not shown in the contract plans or specifications by the
City, the Contractor will immediately notify the City and utility owner in writing.
5-4 RELOCATION
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Agreement No. 6905
The following subsection is added to Subsection 5-4 of the Greenbook,
5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION
The City will be responsible to arrange for the removal, repair, or relocation of
existing utilities located within the project limits if such utilities are not correctly
identified in the contract plans or specifications by the City. The City will have the
sole discretion to perform repairs or relocation work or permit the Contractor to
do such repairs or relocation.
5-5 DELAYS
The following paragraphs are added to Subsection 5-5 of the Greenbook.
Actual loss, as used in this Subsection, will be understood to include no items of
expense other than idle time of equipment and necessary payments for idle time
of workers, cost of extra moving of equipment, and cost of longer hauls.
Compensation for idle time of equipment and idle time of workers will be
determined by Subsection 5-5.1 and no markup will be added in either case for
overhead and profit. The cost of extra moving of equipment and the cost of
longer hauls will be paid for as extra work.
The following subsection is added to Subsection 5-5 of the Greenbook.
5-5.1 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 -Construction Metin
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
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Agreement No. 6905
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.
M011 MRSIM
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 necessarydata about the time for the Engineer's
decisions.
3. Schedules must be sufficiently detailed to demonstrate adequate planning
for the Work.
4. Schedules must represent a practical plan to complete the Work within
the Contract Time.
5. Schedules must show the critical path method for completing the Work.
The Engineer's review of the form and general content of the Contract Schedule
and any updated Contract Schedules is only for the purpose of determining if the
listed requirements are satisfied, nothing more.
6-1.3 EFFECT OF CONTRACT SCHEDULE
The Contract Schedule, and any updated Contract Schedules, will represent a
practical plan to complete the Work within the Contract Time. Extension of ,any
schedule beyond the Contract Time will not be acceptable, Schedules showing
the Work completed in less than the Contract may be acceptable if judged by the
Engineer to be practical. Acceptance of such a schedule by the Engineer will not
change the Contract Time. The Contract Time, not the Contract Schedule, will
control in determining liquidated damages payable by the Contractor and in
determining any delay.
If 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,
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Agreement No. 6905
will coordinate and integrate such information and data into updated Contract
Schedules, and will monitor the progress of the Work and the delivery of
equipment. The Contractor will act as the expeditor of potential and actual
delays, interruptions, hindrances, or disruptions for its own forces and those
forces of Subcontractors. The Contractor will cooperate with the Engineer in
developing the Contract Schedule and updated Contract Schedules.
The Engineer's review and comments about any schedule or scheduling data will
not relieve the Contractor from its sole responsibility to plan for, perform, and
complete the Work within the Contract Time. Review and comments about any
schedule will not transfer responsibility for any schedule to the Engineer or the
City nor imply their agreement with (1) any assumption upon which such
schedule is based or (2) any matter underlying or contained in such schedule.
The Engineer's failure to discover errors or omissions in schedules that have
been reviewed, or to inform the Contractor that the Contractor, Subcontractors,
or others are behind schedule, or to direct or enforce procedures for complying
with the Contract Schedule will not relieve the Contractor from its sole
responsibility to perform and complete the Work within the Contract Time and
will not be a cause for an adjustment of the Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently accepted
Contract Schedule.
6-1.4 COMMENCEMENT OF CONTRACT TIME
The Contract Time will commence when the City issues a Notice to Proceed.
The Work will start on the date specified in the Notice to Proceed and within a
maximum of fifteen (15) days after the date of the Notice to Proceed, 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
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Agreement No. 6905
satisfactory compliance with the Contract.
The City may terminate the Contractor's control over the Work without liability for
damages when, in the City's opinion, the Contractor is not complying in good
faith, has become insolvent, or has assigned or subcontracted any part of the
Work without the City's consent. Should such termination occur, the Contractor
will be paid the actual amount due based on Contract Unit Prices or lump sums
bid and the quantity and quality of the work completed and in place at the time of
termination, less damages caused to the City by the Contractor's action or
inaction.
In the event of such termination of control, the City may do any one, or
combination of, the following:
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.
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
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Agreement No. 6905
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.
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, 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.
Any payment for compensable delay will be based upon actual costs as set forth
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Agreement No. 6905
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.
NIA �. CWTIUMMSIOU11111
If the Contractor desires payment for a delay or an extension of time, it will give
the Engineer written notice of such request not later than the time limit set forth
in the Proposal for submitting a claim after the event or occurrence giving rise to
a delay claim. Failure to submit a written request within such amount of time will
result in the Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by
the "Claims" sections of these Specifications.
In no event will the City grant the Contractor an extension of time if the delay is
within the Contract Time as identified by the Contract Documents.
6-7.2 WORK DAYS AND WORKING HOURS
City Hall is open from Monday thru Thursday 7am -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
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.
The following paragraph is added to Section 6-7 of the Greenbook:
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Agreement No. 6905
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.
The Engineer may, but is not required to, allow the Contractor to work on
Saturdays, Sundays and City Holidays.
6-8 COMPLETION AND ACCEPTANCE
Subsection 6-8 is deleted in its entirety and replaced by the following:
The Work will be inspected by the Engineer for acceptance upon the Engineer
receiving the Contractor's written assertion that the Work is complete.
If, in the Engineer's judgment, the Work is complete and is ready for acceptance,
the Engineer will accept the Work on behalf of the City in the manner prescribed
by the City. The Engineer will recommend approval of the Notice of Completion
to the City Council. This will be the date when the Contractor is relieved from
responsibility to protect the Work.
All work will be guaranteed by the Contractor against defective workmanship and
materials furnished by the Contractor for a period of 1 year from the date the
Work was completed. The Contractor will replace or repair any such defective
work in a manner satisfactory to the Engineer, after notice to do so from the
Engineer, and within the time specified in the notice. If the Contractor fails to
make such replacement or repairs within the time specified in the notice, the City
may perform this work and the Contractor's sureties will be liable for the cost
thereof.
The Contractor will remedy any defects in the work and pay for any damage to
other work resulting therefrom, which will appearwithin a period of one year from
the date of final acceptance of the work unless a longer period is specified. The
owner will give notice of observed defects with reasonable promptness.
• • 17a11 + UTM
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
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Agreement No. 6905
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 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:
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Agreement No. 6905
A statement that it is a Claim and a request for a decision.
2. A detailed description of the act, error, omission, unforeseen condition,
event, or other condition giving rise to the Claim.
3. If the Claim is subject to the Change Order procedures, a statement
demonstrating that a Change Order Request was timely submitted and
denied.
4. A detailed justification for any remedy or relief sought by the Claim,
including to the extent applicable, the following:
a) If the Claim involves extra work, a detailed cost breakdown
claimed. The breakdown must be provided even if the costs
claimed have not been incurred when the Claim is submitted.
b) To the extent costs have been incurred when the Claim is
submitted, the Claim must include actual cost records (including,
without limitation, payroll records„ material and rental invoices)
demonstrating that costs claimed have actually been incurred'.
c) To the extent costs have not yet been incurred at the time the
Claim is submitted, actual cost records must be submitted on a
current basis not less than once a week during any periods costs
are incurred. A cost record will be considered current if submitted
within 7 days of the date the cost reflected in the record is
incurred. At the Engineer's request, claimed extra costs may be
subject to further verification procedures (such as having an
inspector verify the performance of alleged extra work on a daily
basis).
5. If the Claim involves an error or omission in the Contract Documents:
a) An affirmative representation that the error or omission was not
discovered before submitting a bid for the Contract; and
b) A detailed statement demonstrating that the error or omission
reasonably should not have been discovered by the Contractor, its
Subcontractors, and suppliers, before submitting a bid for the
Contract,
6. If the Claim involves an extension of the Contract Time, written
documentation demonstrating the Contractor's entitlement to a time
extension.
7. If the Claim involves an adjustment of the Contract Sum for delay, written
I I-B-20
Agreement No. 6905
documentation demonstrating the Contractor's entitlement to such an
adjustment.
8. A personal certification from the Contractor that reads as follows:
"l, , 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 § 7.2 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."
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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Agreement No. 6905
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."
6-11.6APPEAt- 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.
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Agreement No. 6905
The parties may, but are not required to be, represented by counsel in
mediation.
The requirement for mediation will not alter or modify the time limitations
otherwise provided for claims and no conduct or settlement negotiation during
mediation will be considered a waiver of the City's right to assert that claim
procedures were not followed.
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.
• � 4 Aln tF L �, ■ w �, r � B17r � w � r Ar �,
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
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Agreement No. 6905
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.
IM
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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
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Agreement No. 6905
committee has exceeded an average of 15 percent in the 90 days before
the request for certificate, or
b) When the number of apprentices in training in the area exceeds a ratio of
one to five, or
c) When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
state-wide or locally, or
d) When the Contractor provides evidence that the Contractor employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if the Contractor employs registered
apprentices or journeymen in any apprenticeable trade on such contracts and if
other contractors on the public works site are making such contributions.
The Contractor and any subcontractor will comply with Labor Code §§ 1777.5
and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex-officio
the Administrator of Apprenticeship, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices.
7-2.4 RECORD OF WAGES PAID: INSPECTION
Every Contractor and subcontractor will keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to
each worker employed in connection with the Work. The record will be kept open
at all reasonable hours to the inspection of the body awarding the contract and to
the Division of Labor Law Enforcement. If requested by the City, the Contractor
will provide copies of the records at its cost.
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
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work covered by this agreement by the Contractor, its agents, representatives,
employees, or subcontractors:
COVERAGE PER
OCCURRENCE
Comprehensive General
Liability
Business Auto
Workers' Compensation
ISO FORM COMBINED
SINGLE
LIMIT
CL 00 02 01 85 or 88 $2,000,000
CA 00 01 01 87 $1,000,000
Statutory
Contractor will provide endorsements or other proof of coverage for contractual
liability.
Combined single limit per occurrence will include coverage for bodily injury,
personal injury, and property damage for each accident.
If Commercial General Liability Insurance or other form with a general aggregate
limit is used, the policy will be endorsed such that the general aggregate limit will
apply separately to this contract and a copy of the endorsement provided to the
City.
Liability policies will contain, or be endorsed to contain the following provisions:
GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
The City, its officers, officials, employees, agents, and volunteers will be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the Contractor;
premises owned, occupied or used by the Contractor; or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage will contain no
special limitations on the scope or protection afforded to the City, its officers,
officials, employees, agents, or volunteers.
The Contractor's insurance coverage will be primary insurance as respects the
City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, agents,
and volunteers will be excess of the Contractor's insurance and will not
contribute with it.
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
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Agreement No. 6905
volunteers.
The Contractor's insurance will apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
WORKERS' COMPENSATION:
The insurer will agree to waive all rights of subrogation against the City, its
officers, officials, employees, and volunteers for losses arising from work
performed by the Contractor for the City.
ALL COVERAGES:
Each insurance policy required by this subsection will be endorsed to state that
coverage will not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days written notice by certified mail,
return receipt requested, has been given to:
CITY CLERK
City of El Segundo
350 Main Street
El Segundo, CA 90245
Notwithstanding the foregoing, the endorsement may state that insurance may be
cancelled upon ten (10) day notification for non-payment of premium. The
Contractor will provide the City with updated proof of insurance should the
Contract Time extend beyond the policy expiration date.
All liability insurance will be on an occurrence basis. Insurance on a claims made
basis will be rejected. Any deductibles or self -insured retentions will be declared
to and approved by City. The insurer will provide an endorsement to City
eliminating such deductibles or self -insured retentions as respects the City, its
officials, employees, agents, and volunteers.
Except for Workers Compensation Insurance, Contractor will furnish to City
certificates of insurance and endorsements on forms acceptable to the City's City
Attorney, duly authenticated, giving evidence of the insurance coverages required
in this contract and other evidence of coverage or copies of policies as may be
reasonably required by City from time to time, Endorsements roust 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 Sest's Rating of not
less than A:VII. Worker's compensation insurance policies will meet the
requirements of California law.
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All subcontractors employed on the work referred to in this contract will meet the
insurance requirements set forth for Contractor. Contractorwill furnish certificates
of insurance and endorsements for each subcontractor at least five days before
the subcontractor entering the job site, or Contractor will furnish City an endorse-
ment including all subcontractors as insureds under its policies.
Except as provided in Subsection 6-10, the Contractor will save, keep and hold
harmless the City, its officers, officials, employees, agents and volunteers from all
damages, costs or expenses in law or equity that may at any time arise or be
claimed because of damages to property, or personal injury received by reason of
or in the course of performing work, which may be caused by any willful or
negligent act or omission by the Contractor or any of the Contractor's employees,
or any subcontractor. The City will not be liable for any accident, loss, or damage
to the work before its completion and acceptance, except as provided in
Subsection 6-10.
The cost of such insurance will be included in the various items of work in the
Contractor's bid and no additional compensation for purchasing insurance or
additional coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any
reason, voided, or suspended, Contractor agrees that City may arrange for
insurance coverage as specified, and Contractor further agrees that
administrative and premium costs may be deducted from payments due to the
Contractor. Contractor will not be allowed to work until alternate coverage is
arranged.
Coverage will not extend to any indemnity coverage for the active negligence of
the additional insured if the agreement to indemnify -the additional insured would
be invalid under Civil Code § 2782(b).
7-3.2 INDEMNIFICATION AND DEFENSE
In addition to the provisions of Subsection 7-3 of the Greenbook as between the
City and Contractor, Contractor will take and assume all responsibility for the
work as stated herein or shown on the plans.
The Contractor will bear all losses and damages directly or indirectly resulting to
it, to the City, its officers, employees, and agents, or to others on account of the
performance or character of the work, unforeseen difficulties, accidents, traffic
control, job site maintenance, or any other causes whatsoever.
The Contractor will assume the defense of and indemnify and save harmless the
City of El Segundo, its officers, employees, and agents, from and against any
and all claims, losses, damage, expenses and liability of every kind, nature, and
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description, directly or indirectly arising from the performance of the contract or
work, regardless of responsibility for negligence, and from any and all claims,
losses, damage, expenses, and liability, howsoever the same may be caused,
resulting directly, or indirectly from the nature of the work covered by the
contract, regardless of responsibility for negligence, to the fullest extent
permitted by law. In accordance with Civil Code § 2782, nothing in this
Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require
defense or indemnification for death, bodily injury, injury to property, or any other
loss, damage or expense arising from the sole negligence or willful misconduct
of the City, or its agents, servants or independent contractors who are directly
responsible to the City, or for defects in design furnished by such persons.
Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to
impose on the Contractor, or to relieve the City from, liability for active
negligence of the City.
The City does not, and will not, waive any rights against the Contractor which it
may have by reason of the aforesaid hold harmless agreements because of the
acceptance by the City, or deposit with City by Contractor, of any insurance
policies described in Subsection 7-3 of the Special Provisions. This hold
harmless agreement by the Contractor will apply to all damages and claims for
damages of every kind suffered or alleged to have been suffered by reasons of
any of the aforesaid operations of Contractor, or any subcontractor, regardless of
whether or not such insurance policies are determined to be applicable to any of
such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans, in
releasing any bond, in inspecting or accepting any work, or of any other nature,
will in any respect relieve the Contractor or anyone else from any legal
responsibility, obligation or liability he might otherwise have.
7-5 PERMITS
The following paragraph will be added to Subsection 7-5 of Greenbook:
The Contractor will apply for permits required by the City Building Safety
Division. These permits will be issued on a "no -fee" basis. However, the
Contractor must pay for and obtain all other permits from other governmental
and utility agencies necessitated by their operations.
All bonding fees, (overweight and oversized vehicle permit fees) inspection
permit fees or other fees charged or required for such permits must be paid by
the Contractor. These costs will be included in the bid item provided. If no bid
item is included, costs will be included in the various items of work, and no
additional payment will be allowed.
7-8.1 CLEANUP AND DUST CONTROL
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Agreement No. 6905
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.
This section is supplemented by the addition of the following requirements which
establish storm water and urban runoff pollution prevention controls.
(a) Storm or construction generated water containing sediment such as,
construction waste, soil, slurry from concrete/asphalt concrete saw cutting
operations, clean up of concrete transit mixers or other pollutants from
construction sites and parking areas will be retained or controlled on site
and will not be permitted to enter the storm drain system.
(b) Temporary sediment filtering systems such as sandbags, silt fences, or
gravel berms will be utilized to trap sediment so that only filtered water
enters the City's storm drain system. Proper clean up and disposal of
settled sediment and the filtering system will be the responsibility of the
CONTRACTOR.
(c) Discharge of concrete transit mixer wash water on to approved dirt areas
(sub -grade area designated for new concrete construction for example) is
acceptable. Discharge on to private property, parkway areas, or the street
is not permitted.
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Agreement No. 6905
(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 IMPROY1=MENTS
Section 7-9 is supplemented by the following additional requirements:
Where existing traffic striping, pavement markings, and curb markings are
damaged or their reflectively reduced by the Contractor's operations, such
striping or markings will also be considered as existing improvements and the
Contractor will replace such improvements.
Relocations, repairs, replacements, or re -establishments will be at least equal to
the existing improvements and will match such improvements in finish and
dimensions unless otherwise specified.
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.
The Contractor will notify the occupants of all affected properties at least 48
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Agreement No. 6905
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 II per
Section 7-3 and lights will be Type A per Section 7-6 of the "Work Area Traffic
Control Handbook" (WATCH').
249XMUMMM�Mj
Street closures will not be allowed except as specifically permitted by the
Engineer.
The Contractor will prepare any traffic control or detour plans that may be
required as directed by the Engineer. Lane transitions will not be sharper than a
taper of thirty (30) to one (1).
Temporary traffic channelization will be accomplished with barricades or
delineators. Temporary striping will not be allowed unless specifically permitted
by the Engineer. The Contractor will prepare any plans that may be required for
temporary striping to the satisfaction of the Engineer. In no event will temporary
striping be allowed on finish pavement surfaces, which are to remain.
Where access to driveway or street crossings need to be maintained, minimum
1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating will
have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles
to cross comfortably over the plates and have a non-skid surface. Plates subject
to vehicle high traffic speeds and in residential areas will be secured by welding
at the discretion of the Engineer,:
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Agreement No. 6905
7-10.5 PROTECTION OF THE PUBLIC
It is part of the service required of the Contractor to make whatever provisions
are necessary to protect the public. The Contractor will use foresight and will
take such steps and precautions as his operations warrant to protect the public
from danger, loss of life or loss of property, which would result from interruption
or contamination of public water supply, interruption of other public service, or
from the failure of partly completed work or partially removed facilities. Unusual
conditions may arise on the Project which will require that immediate and
unusual provisions be made to protect the public from danger or loss of life, or
damage to life and property, due directly or indirectly to prosecution of work
under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against which
the Contractor has not taken sufficient precaution for the public safety, protection
of utilities and protection of adjacent structures or property, which may be
damaged by the Contractor's operations and when, in the opinion of the
Engineer, immediate action will be considered necessary in order to protect the
public or property due to the Contractor's operations under this contract, the
Engineer will order the Contractor to provide a remedy for the unsafe condition. If
the Contractor fails to act on the situation immediately, the Engineer may provide
suitable protection to said interests by causing such work to be done and
material to be furnished as, in the opinion of the Engineer, may seem reasonable
and necessary.
The cost and expense of said labor and material, together with the cost and
expense of such repairs as are deemed necessary, will be borne by the
Contractor. All expenses incurred by the City for emergency repairs will be
deducted from the progress payments and the final payment due to the
Contractor. Such remedial measures by the City will not relieve the Contractor
from full responsibility for public safety.
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
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Agreement No. 6905
character provided for in the Contract Documents
After receiving notice from the Contractor, the Engineer will promptly investigate
any condition identified by the Contractor as being hazardous. The rights and
obligations of the City and the Contractor with regard to such conditions
(including, without limitation, the procedures for procuring change orders and
filing claims) will be specified by the provisions of Subsection 3-4 (Changed
Conditions) of the Greenbook.
If a dispute arises between the City and the Contractor whether the conditions
materially differ, involve hazardous waste, or cause a change in the Contractor's
cost or time required for performance of the work, the Contractor will not be
excused from any scheduled completion date provided for by the contract, but
will proceed with all work to be performed under the contract. The Contractor will
retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook.
If the Engineer determines that material called to the Engineer's attention by the
Contractor is hazardous waste, or if the Engineer otherwise discovers the
existence of hazardous waste, the Contractor will be responsible for removal and
disposal of the hazardous waste by qualified personnel and appropriate
equipment in the manner required by law as directed by the Engineer, subject to
the provisions of Section 3 (Changes in Work) of the Greenbook.
9-2 LUMP SUM WORK
Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and
replaced by the following:
Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be
paid for at the price indicated in the Proposal. Such payment will be full
compensation for all costs for labor, equipment, materials and plant necessary to
furnish, construct and install the lump sum item of work, complete, in place, and
for all necessary appurtenant work„ including, but not limited to, all necessary
cutting, patching, repair and modification of existing facilities, and clean up of
site.
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.
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Agreement No. 6905
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.
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
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Agreement No. 6905
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.
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. 6905
SECTION III — SPECIAL PROVISIONS
1.0. GENERAL
1.01 INTRODUCTION AND WORK SCOPE
See Section III A.4, Technical Specifications, below.
1.02 GENERAL STANDARDS AND PROJECT SPECIFICATIONS
All work shall be performed in accordance with the Standard Specifications for Public
Works Construction, latest edition, including supplements thereto, and American
Public Works Association, Standard Plans for Public Works Construction. Strict
compliance with State and local safety codes will be enforced. Legible copies of
material/weight certification shall be turned over to the inspector on a daily basis. 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.
1.03 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.
1.04 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.
1.05 Working Days, Time for Completion and Construction Sequence
CONTRACTOR shall commence work on date specified in the Notice to Proceed to
be issued to said CONTRACTOR by the City of El Segiundo Public Works Department
and will complete work on the PROJECT, within 45 forty-fivel WORKING DAYS
after the date of commencement.
Hours of work shall be limited to 7:00 a.m. through 4:00 p.m. weekdays only, unless
otherwise specified by City staff for major arterials or collector streets.
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Agreement No. 6905
No greater quantity of work shall be scheduled at any one time than can be completed
in one (1) day and be properly conducted with due regard for the rights of the public.
No more than one project location shall be scheduled for construction at any one time
unless approved in writing by the ENGINEER.
The last two weeks of December is a moratorium period, from December 16, 2024,
7:00 am to January 2, 2024, 7:00 pm, during which time 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 that time
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Agreement No. 6905
3. City of El Segundo - Wastewater Division
4. City of El Segundo - Recreation and Parks
5. Southern California Gas Company
6. Southern California Edison Company (SCE)
7. AT&T
8. Time Warner Communication (Cable)
9. Los Angeles County Sanitation District
10. El Segundo Unified School District
III-A-3
1.06 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, Floriza Rivera, Public Works Staff
shutdown of work, Adrian Marquez, WW Division Supervisor
or resumption of Anthony Esparza, Utilities Supervisor
work after shutdown
Lifan Xu, City Engineer
Elias Sassoon, Director of Public Works
2. Closing of streets El Segundo Police Department**
El Segundo Fire Department**
3. Street striping Street Maintenance Division
TELEPHONE
310-524-2361
310-524-2754
310-524-2745
310-524-2368
310-524-2356
310-524-2200
310-524-2236
310-524-2709
** 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)
2. City of El Segundo — Water Division
310-524-2742
310-524-2754
310-524-2707
310-671-9002
310-417-3366
310-515- 430
310-768-0400 Extension 414
310-699-7411
310-615-2650
800-227-2600
Agreement No. 6905
1.07 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. Submitting Construction Schedule, Contractor Contact List, Traffic Control
Plan, and Notices for City approval
6. Providing submittals for approval prior to ordering material.
7. Notifying property owners, residents, businesses, and motorists as
necessary
8. Re -notifying of all affected parties for construction schedule changes
9. Participating in and provide updated 2-week look -ahead schedules for
weekly project field meetings
10. Providing traffic control per W.A.T.C.H. manual and CA MUTCD
11. Preparing and cleaning of work area as necessary to implement repairs
12. Coordinating with Underground Service Alert (USA) or Dig Alert to mark
underground utilities before any excavation
13. Complying with NPDES permit requirements
14. Furnishing temporary bypass and sewer/storm drain services to maintain
service to consumers at all times.
15. Ramping areas where construction has caused significant elevation
differences in driving/walking surfaces
16. Installing steel plating and asphalt ramping for trenches and excavations
17. Restoration, to existing standard conditions or better, of private and public
property damaged by construction
18. Removing all USA markings after new improvements are installed.
19. Demobilizing
1.08 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.
1.09 TREE ROOTS
At locations where tree roots are encountered within or adjacent to an
excavation, 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 applicable other items of work.
1.10 CURB DRAIN OUTLETS
The CONTRACTOR shall reconstruct all curb drainage outlets that fall within
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Agreement No. 6905
the limits of his/her work. Cost of this work shall be included in the other items
of work.
1.11 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.
1.12 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 CITY 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.
Tie -Out and Re-establish Survey Monuments and Benchmarks
In accordance with Section 8771 of the Business and Professional Code, the
CONTRACTOR will be required to hire a licensed land surveyor to tie out
monumentation affected by the project prior to commencement of construction
and require the land surveyor to file corner records with the CITY ENGINEER;
and re-establish any such monuments or benchmarks damaged or destroyed
during construction and file corner records with the City of El Segundo Public
Works Department after replacement.
The City shall determine which monuments found and listed in the Contractor's
Surveyor's letter are to be tied out and re-established.
1.13 DISPOSAL OF REMOVALS
All removed materials shall become the property of the CONTRACTOR and
shall be legally disposed by him/ her away from the site of work.
Note: There are no authorized dump facilities within the City of El Segundo.
1.14 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-13-28 and 29) for
additional requirements.
1.15 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
improvements are completed.
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Agreement No. 6905
1.16 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 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
so as 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.
1.17 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.
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.
1.18 TRAFFIC CONTROL, PUBLIC SAFETY AND CONVENIENCE
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.
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 shall notify residents and businesses of the
proposedwork and post temporary "ENO PARKING" signs at no cost to the City.
Signs shall be posted at all intersections a maximum of 200 feet between
signs, at a height easily read by motorists and pedestrians. 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.
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Agreement No. 6905
Signs shall show specific dates and time of parking restrictions.
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 particular 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 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.
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Agreement No. 6905
Construction Signage
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.
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 authorized area only.
Use of Private Property
The use of any private property by the CONTRACTOR is prohibited. The
prohibited uses include, but not limited to, CONTRACTOR'S use of water,
electricity or natural gas from the private property, and storage of material or
equipment and turning around/parking of his vehicles on private property.
Cooperation with concurrent constructions and operations
The CONTRACTOR shall cooperate with other contractors and the City's
personnel performing work in the vicinity, shall conduct its operations in a
manner to prevent unnecessary delay or hindrance to their work, and shall
coordinate its work with theirs to permit proper and timely completion of all
projects in the area.
Coordination with affected businesses and residents
The CONTRACTOR shall respond to any complaints received from a property
owner (business or resident) and contact the complainant within one (1) working
day. The complaint shall be resolved within two (2) working days from the date
on which it was received.
The CONTRACTOR shall adjust its schedule in order to allow affected
Businesses to operate as regularly scheduled.
1.19 NPDES COMPLIANCE
A. CONTRACTOR shall thoroughly clean dust and debris resulting from his
operations to comply with the "Clean Water Act." Sweeping, wet vacuuming,
and/or other approved measures of removing such debris shall be taken during
the removal and construction operations. No dust or debris shall be deposited or
discharged into the storm drain facilities.
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Agreement No. 6905
The CONTRACTOR shall provide and maintain at all times during construction
ample means and devices to promptly remove and properly dispose of all water
entering the excavations or other parts of the work. No concrete footing shall be
laid in water, nor shall water be allowed to rise over them until the concrete or
mortar has set at least eight (8) hours.
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.
B. CONTRACTOR shall reduce the discharge of pollutants in storm water
runoff to the maximum extent practicable by the effective implementation of
appropriate BMPs. The following are the minimum requirements:
1. Sediments from areas disturbed by construction shall be retained on site and
stockpiles of soil shall be properly contained to minimize sediment transport
from the site to streets, drainage facilities, or adjacent properties via runoff,
vehicle tracking, or wind.
2. Construction -related materials, wastes, spills, or residues shall be retained at
the construction site to minimize transport from the work area to streets,
drainage facilities or adjoining properties via vehicle tracking, runoff, orwind.
3. Non-stormwater runoff from equipment and vehicle washing shall be
contained at project sites.
4. Erosion from slopes and channels shall be controlled by implementing an
effective combination of BMPs, such as limiting grading scheduled during the
wet season; inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion susceptible
slopes.
C. The selection, submittal, and adherence to BMPs are the responsibility of
the Contractor. The selected BMPs must be submitted to and approved by City
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Agreement No. 6905
prior to performing any operation under this contract which will disturb or expose
soil, including, but not limited to: excavation, grading, demolition, clearing and
grubbing, pavement removal, etc.
D. Construction activity that results in soil disturbances of less than one acre
is subject to the General Permit for Storm Water Discharges Associated with
Construction Activity (GeneralPermit) 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.
E. The City may restrict the continuation of work if it is determined that the
Contractor has not met all the NPDES requirements.
F. 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.
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 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
When two-way traffic is restricted to one (1) lane, traffic shall be controlled as
required by 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 than one 1 lane of
travel throy h the construction none on all of the sputa"ect streets.
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Agreement No. 6905
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 so as 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.
1.20 UTILITIES
Potholing of existing utilities should tale place one week prior to the start of
the construction to allow adequate time for the necessary protection, removal,
and rearrangement of utilities by either the utility owner or the CONTRACTOR,
as applicable. For work to be performed by a utility owner, the construction
schedule shall allow for the time period required by the utility owner for such
work. The CONTRACTOR shall notify the ENGINEER in writing of any
subsequent changes in the construction schedule which will affect the time
available for protection, removal, or rearrangement of utilities, and shall obtain
the ENGINEER'S approval of such changes.
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 AND METHODS
See SECTION III AA below.
3-0. MEASUREMENT AND PAYMENT
See SECTION III A.4 below.
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Agreement No. 6905
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Agreement No. 6905
SECTION III A.4
CENTER STREET STORM DRAIN IMPROVEMENTS
TECHNICAL SPECIFICATIONS
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Agreement No. 6905
0 1 • ,IIIIIIA921IN011111IT00,02
The work under this Contract shall be performed entirely within the City of El
Segundo, and consists of furnishing all labor, materials, equipment, and services, and
performing all work necessary for the storm drain improvements, permanent concrete
pavement, asphalt concrete pavement, and repairing/replacing existing private
improvements in kind. Before proceeding, all excavations require a Public Works
excavation permit. All excavations are required to be properly backfilled and
resurfaced with similar material that existed prior to trenching unless otherwise noted
on the Plans or described in the Technical Provisions.
The work includes removal of one existing catch basin and the construction of three
(3) new catch basins with RCP connector pipes and connections to existing City -
owned storm drain main lines.
•. s• 0
11111
The Contractor shall submit to the City of El Segundo for review the shop drawings as
specified below:
• Job -Specific Safety Program
• Declaration of Safety Requirements/Regulations
• Construction schedule
• Trench Shoring plans and calculations
• Traffic Control Plans for vehicles and pedestrians
• Storm Water Pollution Prevention Plan (SWPPP)
• Pipe bedding and backfill materials
• RCP material
• Mortar for Connector Pipe Connection to Main Line
• Asphalt concrete mix designs
• PCC mix designs
• Catch Basin Manholes
• Catch Basin Face Plate Assembly and Protection Bars
• Catch Basin Frame and Grating
• Catch Basin Steps
• Thermoplastic and paint striping and marking materials and raised pavement
markers
Shop drawing submittals shall include detailed design calculations, shop drawings,
fabrication and installation drawings, catalog sheets, data sheets and similar items.
The Engineer shall review the shop drawings and return them to the Contractor within
10 calendar days. Fabrication and/or purchase of an item may be commended only
after the Engineer has reviewed the pertinent submittals and returned them to the
Contractor marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS
NOTED."
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Agreement No. 6905
The Engineer's review of shop drawing submittals shall not relieve the Contractor of
the entire responsibility for the correctness of details and dimensions. The Contractor
shall assume all responsibility and risk for any misfits due to any errors in Contractor
submittals. The Contractor shall assume all responsibility for the dimensions and the
design of adequate connections and details.
Submittals for other products not identified above shall be required if their use is
incorporated into the project work.
CONSTRUCTION MATERIALS METHODS MEASUREMENT AND PAYMENT
Item numbers correspond to the Bid Schedule item numbers.
1. MOBILIZATION AND DEMOBILIZATION
See Section A.3.1.07 for bid item description. This item shall also include (a)
public/resident noticing as described in A.3.1.17, and (b) NPDES Compliance as
described in Section A.3.1.19.
Measurement and Pa meat
Payment for mobilization and demobilization shall be at the lump sum price as shown
in the Bid Schedule (50% for startup, and 50% at the completion of the job). Such
payment shall be considered full compensation for furnishing all labor, materials,
tools, equipment, incidentals, and appurtenances necessary for mobilization and
demobilization.
2. TRAFFIC CONTROL PUBLIC SAFETY AND CONVENIENCE
See Section A.3.1.08 for bid item description. Traffic Control Plans are to consider all
bypass pumping, sewer construction, and repaving activities. Traffic Control Plans are
to be sealed and signed by a licensed Traffic Engineer or Civil Engineer.
Measurement and P'a merit
Payment for traffic control shall be at the lump sum price as shown in the Bid
Schedule. Such payment shall be considered full compensation for furnishing all
labor, materials, tools, equipment, incidentals, and appurtenances necessary to
prepare and implement the traffic control.
3. UTILITY POTHOLINt
See Section A.3.1.20 for bid item description. Utility potholes are required at
excavations to determine the size, material type, location, and depth of utilities that
will be within or adjacent to the planned excavation.
Payment
Payment for utility potholing shall be at the lump sum price as shown in the Bid
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Agreement No. 6905
Schedule. Such payment shall be considered full compensation for furnishing all
labor, materials, tools, equipment, incidentals and appurtenances necessary to
perform the utility potholing.
4. TRENCH SHORING AND PLATING OF EXCAVATION
All excavations shall be shored in accordance with the California Department of
Industrial Relations Construction Safety Orders, Subchapter4, Article 6, Excavations,
Section 1541; shoring, sloping, and benching systems, and all other applicable
sections listed in Barclays California Code of Regulations. Trench shoring shall be
constructed and installed in accordance with Sections 7-10.4.1 and 306-4 of the
SSPWC. The shoring plans and calculations must be stamped and signed by a Civil
or Structural engineer currently registered in the State of California.
Steel Plate Bridging
All excavations shall be covered with steel plates until trench resurfacing has been
completed. The steel plates may be removed during working hours at locations where
entry is required into the excavation but shall be replaced at the end of each work day.
The steel plates shall be recessed into and securely attached (pinned) to the
pavement.
An effort was made to research and determine the approximate location of
underground utility services for gas, sewer, and water as shown on the Plans. In
accordance with Section 5-1 of the SPPWC, the Contractor shall assume that every
property parcel will be served by a service connection for each underground utility
type and 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.
Payment
Payment for trench shoring and plating of excavation shall be at the lump sum price
as shown in the Bid Schedule. Such payment shall be considered full compensation
for furnishing all labor, materials, tools, equipment, incidentals, and appurtenances
necessary to install, maintain, and remove the trench shoring and recessed steel plate
bridging.
5. REMOVE CATCH BASIN LOCAL DEPRESSION AND CONNECTOR PIPE
COMPLETE
This work includes the complete removal and legal disposal of the existing curb
opening catch basin, adjacent local depression, and RCP connector pipe in front of
747 Center St. After the connector pipe is removed, the excavation shall be backfilled
with native soil from other excavations within the project.
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Agreement No. 6905
Backfill
Excavated material may be utilized as backfill and shall be placed in accordance with
Sections 217-2 and 306-1.2 of the SSPWC to a minimum of 90 percent relative
compaction.
The new asphalt concrete pavement shall extend a minimum of 12 inches beyond the
trench walls and shall be the greater of a minimum of 6 inches thick or the existing
asphalt concrete thickness plus 1 inch. Asphalt concrete shall be in accordance with
SSPWC Section 203-6.
• The top 1-inch of asphalt concrete pavement shall be D2-PG 64-10
• The asphalt concrete base course (below the top 1-inch of pavement) shall be
Class C2-PG 64-10
Asphalt concrete pavement shall be placed in accordance with SSPWC Section 302-
5.
6-inch-thick aggregate base is required under the new asphalt concrete pavement.
Aggregate base shall be Crushed Miscellaneous Base in accordance with SSPWC
Section 200-2.4 and shall be place in accordance with SSPWC Section 301-2 to a
relative compaction of 95 percent.
Payment
Payment for removal the existing catch basin, local depression, and connector pipe
complete shall be at the lump sum price as shown in the Bid Schedule. The lump sum
price shall include full compensation for the sawcutting; breaking; excavation;
removal; legally disposing of removed improvements; temporary resurfacing; testing;
repair work; inspection reports; pavement restoration, and all other work, equipment
and materials necessary for the work as shown on the Plans and specified herein.
Such payment shall include full compensation for all labor, materials, tools,
equipment, and incidentals required for this work.
6. REPAIR OPENING IN 72-INCH RCP
This work includes the repair of the opening in the existing 72-inch RCP storm drain
main line after the existing connector pipe is removed. Repair of the storm drain main
line shall be in accordance with SPPWC Standard Plan 381-2.
Concrete shall be Class 560-C-3250 in accordance with SSPWC Section 201-
1
Reinforcing steel shall be Grade 60
Payment
Payment for repair of the opening in the RCP shall be at the unit price per each as
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Agreement No. 6905
shown, in the Bid Schedule. The unit price shall include full compensation for
preparing the concrete pipe; forming; reinforcing steel; placing concrete; finishing
concrete; stripping forms; backfilling; temporary resurfacing; permanent resurfacing,„
repair work; inspection reports; and all other work, equipment and materials
necessary for the work as shown on the Plans and specified herein. Such payment
shall include full compensation for all labor, materials, tools, equipment, and
incidentals required for this work,
7., 8. & 9. REMOVE E SITING IMPRCOJEI ENTS AND C NSTRUCT CURB
OPENING CATCH BASIN
This work includes the removal of existing concrete curb and sidewalk, excavation
and compaction of subgrade, and the construction of reinforced concrete catch basins
where show on the Plans. The exact location of the new catch basins shall be verified
in the field and as approved by the Engineer.
• Curb opening catch basin shall be in accordance with SPPWC Standard Plan
300-3.
• Curbside grating catch basin shall be in accordance with SPPWC Standard
Plan 303-3
• Concrete shall be Class 560-C-3250 in accordance with SSPWC Section 201-
1
• Reinforcing steel shall be Grade 60
• Catch basin steps shall be polypropylene in accordance with SPPWC Standard
Plan 636-2
• Frame and grating shall be in accordance with SPPWC Standard Plan 311-3
• Manhole frame and cover shall be in accordance with SPPWC Standard Plan
312-4
• Catch, basin face plate assembly and protection bar shall be in accordance with
SPPWC Standard Plan 310-3
• Catch basin reinforcement shall be in accordance with SPPWC Standard Plan
309-2
• Monolithic catch basin connection of connector pipe shall be in accordance
with SPPWC 308-2
Payment
Payment for removal of existing improvements and the construction of reinforced
concrete catch basin shall be at the unit price per each as shown In the Bid Schedule.
The unit price shall include full compensation for removing and legally disposing of
concrete sidewalk and curb; forming; installing manhole frame and cover; installing
grating frames and grating; catch basin steps„ face plate assembly and protection
bars; reinforcing steel; placing concrete; finishing concrete; stripping forms; backfilling;
temporary resurfacing; permanent resurfacing; repair work; inspection reports; and all
other work, equipment and materials necessary for the work as shown on the Plans
and specified herein. Such payment shall include full compensation for all labor,
materials, tools, equipment, and incidentals required for this work.
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Agreement No. 6905
10. & 11. CONSTRUCT RCP CONNECTOR PIPE
This work includes constructing new reinforced concrete pipe (RCP) from the new
catch basins to the existing storm drain main lines.
RCP shall be fabricated in accordance with SSPWC Section 207-2 and installed in
accordance with SSPWC Section 306 and LACDPW Standard Plan 3080-2, Case 3.
Pipe bedding shall be in sand in accordance with SSPWC Section 217-1 and shall be
placed in accordance with SSPWC Section 306-6.
Trench Backfill
Excavated trench material may be utilized as trench backfill and shall be placed in
accordance with Sections 217-2 and 306-1.2 of the SSPWC to a minimum of 95
percent relative compaction.
Trench Resurfac"In
All trenching requires resurfacing at the satisfactorily completion of pipe installation
and approved trench backfill. The new asphalt concrete pavement shall extend a.
minimum of 12 inches beyond the trench walls and shall be the greater of a minimum
of 6 inches thick or the existing asphalt concrete thickness plus 1 inch. Asphalt
concrete shall be in accordance with SSPWC Section 203-6.
• The top 1-inch of asphalt concrete pavement shall be D2-PG 64-10
• The asphalt concrete base course (below the top 1-inch of pavement) shall be
Class C2-PG 64-10
Asphalt concrete pavement shall be placed in accordance with SSPWC Section 302-
5.
6-inch-thick aggregate base is required under the new asphalt concrete pavement.
Aggregate base shall be Crush Miscellaneous Base in accordance with SSPWC
Section 200-2.4 and shall be place in accordance with SSPWC Section 301-2 to a
relative compaction of 95 percent.
Payment
Payment for RCP connector pipes shall be at the unit price per linear foot as shown in
the Bid Schedule. The unit price shall include full compensation for excavations of the
trench; the preparation of the subgrade; placing and joining pipe; bedding material
and bedding placement; backfilling trench; temporary resurfacing; permanent
resurfacing; repair work; inspection reports; and all other work, equipment, and
materials necessary for the work, as shown on the Plans and specified herein. Such
payment shall include full compensation for all labor, materials, tools, equipment, and
incidentals required for this work.
III-A-19
Agreement No. 6905
12. CONNECT NEW CONNECTOR PIPE TO EXISTING STORM DRAIN MAIN
LINE
This work includes the connection of new catch basin connector pipes to the existing
storm drain main lines including cutting and chipping the opening in the main line and
placing mortar to seal between the new connector pipe and the existing main line in
accordance with SPPWC Standard Plan 381-2.
Payment
Payment for connection of new connector pipe to existing storm drain main line shall
be at the unit price per each as shown in the Bid Schedule. The unit price shall
include full compensation for excavation; removal of concrete and reinforcing at the
existing main line; the preparation of the subgrade; mortaring new connector pipe in
place; bedding material and bedding placement; backfilling; temporary resurfacing;
permanent resurfacing; repair work; inspection reports; and all otherwork, equipment,
and materials necessary for the work, as shown on the Plans and specified herein.
Such payment shall include full compensation for all labor, materials, tools,
equipment„ and incidentals required for this work.
13. CONSTRUCT 3-FOOT-WIDE ASPHALT CONCRETE SLOT PATCH
AROUND NEW LOCAL DEPRESSIONS
This work includes sawcutting and removing the existing asphalt concrete, base, and
subgrade a distance of 3 feet around the new local depressions, preparing the
subgrade, and constructing a 6-inch-thick asphalt concrete patch that is flush with the
adjacent pavement and flush with the new local depression.
• The top 1-inch of asphalt concrete pavement shall be D2-PG 64-10
• The asphalt concrete base course (below the top 1-inch of pavement) shall be
Class C2-PG 64-10
Payment
Payment for constructing asphalt concrete slot patches around the new local
depressions shall be at the unit price per lineal foot as shown in the Bid Schedule.
The unit price shall include full compensation for excavation; sawcutting; removal of
asphalt concrete and base material; preparation of the subgrade; and the placement
and compaction of asphalt concrete base coarse and finish coarse; repair work;
inspection reports; and all other work„ equipment, and materials necessary for the
work, as shown on the Plans and specified herein. Such payment shall include full
compensation for all labor, materials, tools, equipment, and incidentals required for
this work.
14. SIDEWALK AND CURB REPAIRS TO JOIN NEW CATCH BASINS AND
LOCAL DEPRESSIONS
This work includes the removal and replacement of existing concrete sidewalk and
curb adjacent to the new catch basin and local depression installations that are
111-A-20
Agreement No. 6905
damaged by the Contactor's activities or if there is any type of joint in the existing
sidewalk or curb that is within 30 inches of the new catch basin or local depression
concrete.
Sidewalk shall be in accordance with SPPWC Standard Plans 112-2 and 113-2
Curb shall be in accordance with SPPWC Standard Plan 120-2
Concrete shall be Class 520-C-2500 in accordance with SSPWC Section 201-
Payment
Payment for sidewalk and curb repairs shall be at the lump sum price as shown in the
Bid Schedule. The lump sum price shall include full compensation for excavation;
sawcutting; removal of sidewalk and curb; preparation of the subgrae; and the
placement and concrete curb and sidewalk; repair work; inspection reports; and all
other work, equipment, and materials necessary for the work, as shown on the Plans
and specified herein. Such payment shall include full compensation for all labor,
materials, tools, equipment, and incidentals required for this work.
15. REPLACE DAMAGED OR REMOVED PAVEMENT STRIPING PAVEMENT
MARKERS CURB PAINT AND PAINTED CURB HOUSE ADDRESS IN
KIND
This work includes the replacement in kind of pavement striping„ pavement markers,
curb paint, and painted curb house addresses that are damaged or removed by the
Contractor's activities.
Pavement marking and striping shall conform to the provisions of Section 84, Traffic
Stripes and Pavement Markings, of the State Standard Specifications.
Curb paint, thermoplastic striping and markings, and glass beads shall be furnished
and applied by the Contractor.
Glass beads shall conform to State Standard Specification 8010-IIE-22 Type II and
shall be mechanically applied at a rate of 6 to 8 pounds of beads per gallon of paint.
Glass beads shall be applied to pavement striping by a dispensing device developed
for this purpose or other methods approved by the Engineer.
The Contractor shall furnish the necessary control points for all striping, markers, and
markings and shall be responsible for the completeness and accuracy thereof to the
satisfaction of the Engineer.
No striping or markers shall be installed until the layout and spotting has been
specifically approved by the Engineer.
Black --out paint will not be allowed for striping and markings placed in error by the
Contractor and the Contractor may be required to apply slurry seal and re -stripe.
III-A-21
Agreement No. 6905
In no case shall any section of street be left without the complete striping per the
Plans for more than 24 hours or weekends or holidays.
Blue retroreflective raised pavement markers shall be nominal 4" x 4" in size and shall
be installed in at all fire hydrant locations.
Non -reflective raised pavement markers shall be plastic in conformance with
subsection 85-1.02 of the State Standard Specifications.
Epoxy adhesive shall be used to cement all reflective markers to the pavement.
Bituminous adhesive shall be used to cement all non -reflective markers to the
pavement.
Payment
Payment for replacing damaged or removed pavement striping, pavement markers,
curb paint, and painted curb house addresses shall be at the lump sum price as
shown in the Bid Schedule. The lump sum price shall include full compensation for
surface preparation; placing thermoplastic and paint, placing pavement markers;
repair work; inspection reports; and all other work, equipment, and materials
necessary for the work, as shown on the Plans and specified herein. Such payment
shall include full compensation for all labor, materials, tools, equipment, and
incidentals required for this work.
16., 17, MISCELLANEOUS STORM DRAIN IMPROVEMENTS AND INSTALL
6-INCH-DEEP ASPHALT REPAIR
Both Items 16 and 17 shall be determined by the City on an as needed basis. Item 16
work includes any miscellaneous improvements. Item 17 work includes removal of
existing 6-inch-deep pavement and replacement with native soil, screened to remove
all roots and organic debris, or crushed miscellaneous base. Soil or base shall be
compacted to 95% compaction. Four -inch -deep PG-64-10 hot mix asphalt shall then
be installed in lifts to the Inspector's satisfaction.
Payment
Payment for Miscellaneous Improvements shall be at the lump sum price as shown in
the Bid Schedule. Payment for Install 6-Inch-Deep Asphalt Repair shall be at the price
per square foot as shown in the Bid Schedule. Such payments shall be considered full
compensation for furnishing all labor, materials, tools, equipment, incidentals, and
appurtenances necessary to perform the work.
Agreement No. 6905
(THIS PAGE LEFT BLANK)
III-A-23
Agreement No. 6905
• - ► pig 171•1119191ili
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:
PART1 GENERAL
1.1 SUMMARY
A. This Section includes the following: procedures for ensuring optimal
diversion of construction and demolition (C&D) waste materials
generated by the Work within the limits of the Construction Schedule
and Contract Sum.
1. The Integrated Solid Waste Management Act of 1939 ("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.
111-A-24
Agreement No. 6905
1.2 DEFINITIONS
A. Class III Landfill. A landfill that accepts non -hazardous waste such
as household, commercial, and industrial waste, resulting from
construction, remodeling, repair, and demolition operations. A Class
III landfill must have a solid -waste -facilities permit from the California
Department of Resources Recycling and Recovery (CalRecycle) and
be regulated by the Enforcement Agency.
B. Construction and Demolition Debris or C&D Debris. Building
materials and solid waste resulting from construction, remodeling,
repair, cleanup, or demolition operations that are not hazardous as
defined in California Code of Regulations, Title 22, Section 66261.3
et seq. This term includes, but is not limited to, asphalt, concrete,
Portland cement, brick, lumber, gypsum wallboard, cardboard and
other associated packaging, roofing material, ceramic tile, carpeting,
plastic pipe„ and steel.. The debris may be commingled with rock, soil,
tree stumps, and other vegetative matter resulting from land clearing
and landscaping for construction or land development projects.
C. Contracting Officer. The City of El Segundo City Engineer or
designee.
D. C&D Recycling Center. A facility that receives only C&D material that
has been separated for reuse prior to receipt, in which the residual
(disposed) amount of waste in the material is less than 10% of the
amount separated for reuse or recycling, by weight.
E. Disposal. Final deposition of C&D or inert debris into land, including
stockpiling onto land of construction and demolition debris that has
not been sorted for further processing or resale, if such stockpiling is
for a period of time greater than 30 days; and construction and
demolition debris that has been sorted for further processing or
resale, if such stockpiling is for a period of time greater than one
year, or stockpiling onto land of inert debris that is for a period of time
greater than one year.
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.
111-A-25
Agreement No. 6905
I. Inert Solids or Inert Waste. Non -liquid solid wastes including, but not
limited to, soil and concrete that do not contain hazardous waste or
.soluble pollutants at concentrations in excess of water quality
objectives established by a regional Water Board pursuant to
Division 7 (Sections 13000 et seq) of the California Water Code and
does not contain significant quantities of decomposable solid
resources.
Mixed C&D Debris. Loads that include commingled recyclable and
non -recyclable C&D debris generated at the construction site..
K. Mixed Debris Recycling Facility, A processing facility that accep
loads of solid waste and/or recycling materials for the purpose o
recovering reusable,recyclable,,oand
disposing. . - residual materials. I
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.
III-A-26
Agreement No. 6905
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.
ht iovernmentlde artments/ ublic
works/trash-rec clin
B. Develop and implement procedures to reuse, salvage, and recycle
new construction and excavation materials, based on the Contract
Documents, the C&D Debris Waste Management Plan, estimated
quantities of available materials, and availability of recycling facilities..
Procedures may include on -site recycling„ source separated
recycling, and/or mixed debris recycling efforts.
1. Identify materials that are feasible for salvage, determine
requirements for site storage„ and transportation of materials
to a salvage facility,
2. Explore the possibility of reusing project job -site inert
materials, such as rock, concrete, dirt, and aggregate, on -site
for road base or other similar uses.
3 Source separate new construction, excavation and demolition
materials including, but not limited to the following types:
a. Asphalt
b. Concrete, concrete block, slump stone (decorative
concrete block), and rocks.
C. Red Clay Brick
d. Soils
e. Other materials, as appropriate, such as wood and
corrugated cardboard.
4, Develop and implement a program to transport loads of mixed
(commingled) new construction materials that cannot be
feasibly source -separated to a mixed materials recycling
facility.
5. Contractor may develop their own C&D Debris Management
Plan based on CALGreen requirements or use available City
forms, found in the Appendices as follows:
a. Form PW-A — Project Information
b. Form PW-B — Pre -Project Worksheet
111-A-27
Agreement No. 6905
C. Form PW-B1 — Pre -Project Worksheet (This form is to
be completed only if you plan to use your own
company -owned bins/trucks for disposition of material.)
d. Form PW-C -- Post -Project Summary
e.. Form PW-D — Exemption Request _ only use if it is
infeasible to comply with requirements.
3.2 DISPOSAL OPERATIONS AND WASTE HAULING
A, Legally transport and dispose of materials that cannot be delivered to
a source -separated or mixed recycling facility to a transfer station or
disposal facility that can legally accept the materials for the purpose
of disposal.
B. Use a permitted waste hauler or Contractor's trucking services and
personnel. To confirm valid permitted' status of waste haulers, visit
the City of El Segundo website:.
• • r • •. •
oa
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 AMaterials ngeles,Exchange
LACoMAX is a freeprovided by the LosAngeles
• uw " of -ionr r�
Division,designed to help residents,businesses,
orga,nizations in LosAngeles Crmarkets for their
industrial by-products, surplus materials, and other would-be
discards, All exchanges are coordinated between the parties.
The site can be accessed'
,w,► r •
III-A-28
Agreement No. 6905
2, California Materials Exchange (CalMAX) is a free service
provided by the State of California, Department of Resources
Recycling and Recovery (CalRecycle) that connects
businesses, organizations, manufacturers, schools, and
individuals with online resources for exchanging! materials.
The site can be accessed at www.calrecycle.ca.gov/Ca!IMAX
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.or /restores
3.4 REVENUE
A. Revenues or other savings obtained from recycled, re -used, or
salvaged materials shall accrue to Contractor unless otherwise noted
in the Contract Documents.
END OF SECTION
III-A-29
Agreement No. 6905
(THIS PAGE LEFT BLANK)
III-A-30
Agreement No. 6905
APPENDICES
1. City Map
2. Typical No Parking Sign —El Segundo Standard ST-18
3. Construction and Demolition Recycling forms
4. Project Plans
V-A-1
Agreement No. 6905
APPENDIX
Agreement No. 6905
Agreement No. 6905
Agreement No. 6905
12 ��
DESIGN BY: P.B. ENGINEERING DIVISION ROVED BY:
CITY OF EL SEGUNDO, CALIFORNIA APPROVED � I' _ t4
DATE: 11 • 7. 89 City Englnaar: R.E. 2 8 0 9 Data
DRAWN BY: Y.B. TYPICAL STANDARD DRAWING NO.
DATE. 11. 13. 89 TEMPORARY NO PARKING SIGN -18
Agreement No. 6905
APPENDIX 3
Agreement No. 6905
PW INSTRUCTIONS
City of El Segundo
Public Works Department
(310) 524-2300
Construction and Demolition Debris Waste Management Plan (WMP)
PUBLIC WORKS PROJECTS (including MUNICIPAL ROAD CONSTRUCTION, OVERLAY,
SIDEWALK REPAIR OR LAND CLEARING PROJECTS)
INSTRUCTIONS
Pursuant to the California Green Building Code of 2016 (2016 CALGreen), the City of El Segundo requires
diversion (repurposed, reused, or recycled) of at least 65% of non -hazardous construction and demolition
(C&D) debris from Public Works projects.
A C&D Waste Management Plan must be submitted to the Public Works Department for municipal projects or
projects on public property. The contents of this packet, when completed, constitute a C&D Debris Waste
Management Plan (WMP). This packet is designed to track the amount of C&D debris diverted or disposed from
your City -related (i.e. Public Works) project.
If you believe your project cannot achieve the required diversion, you must complete and submit Form PW-D,
the EXEMPTION REQUEST form, to the City (i.e. your Project Manager) explaining the circumstances, and
requesting an exemption from the requirements.
Ste 1: Complete Forms PW-A and PW-B
Form PW-A is the PROJECT INFORMATION form. This form asks for basic project information, such as name,
type, description, location, and contractor contact information.
Form PW-B is the PRE -PROJECT WORKSHEET form. This form asks for estimated amounts of debris that
will be generated by the project.
Option 1: If you are electing to contract with hauler(s) from the Authorized Hauler list who will handle
recycling compliance on your behalf, complete Form PW-B (short form).
Option 2: If you will be handling all waste management activities (through direct hauling or use of own bins),
complete Form PW-B1. Estimate the weight of the C&D debris, by material type, that will be recycled, reused,
salvaged, disposed and/or transformed from your project.
You must complete either Form PW-B or PW-B1.
Ste 2, 'Submit Forms to Public Works
Forms PW-A and PW-B (or PW-131) must be submitted to your Public Works Project Manager and approved
prior to commencing work.
Ste 3: Complete POST -PROJECT SUMMARY - FORM PW-C
At least 5 business days prior to contractor requesting release of final project retention, submit a completed
FORM PW-C to your Public Works Project Manager.
*NOTE* A FACILITY INFO list showing nearby companies that accept C&D materials for recycling is included in this packet. This list
was developed to assist you in finding local facilities to use as an alternative to disposal. If you use a certified mixed C&D processing
facility, your project will meet the diversion requirements.
There are authorized haulers that do business in El Segundo. The HAULER LIST showing companies that are authorized to collect
solid waste inEl Segundo is included in this packet. You must use one of these haulers if contracting for waste removal service.
For your convenience, there are electronic versions of the forms that will automatically calculate waste generation, disposal,
and diversion based on the data entered.
Rev. 12/4/2020
Agreement No. 6905
FORM PW-A
„mr City of El Segundo
Public Works Department
(310) 524-2300
Project Name:
Contractor Name:
Mailing Address:
Ofc Phone No.:
Date:
PW Project Manager,
PW Project Name:
FORM PW-A - PROJECT INFORMATION
Submit this form to the Public Works Department prior to commencing your project
for all municipal projects subject to compliance, or oroiects on m ihiin mmnar u
Project Address / Location:
City / State / Zip:
Cell No:
Project Type: Mark appropriate box in each column with an "X":
Email:
Road (construction, overlay, repair)
Facility Improvement (renovation, alteration, or addition) USE FORMS PROV$DED BY EL SEGUNDO
COMMUNITY DEVELOPMENT DEPT
ElLand Clearing (trail, grading, etc.)
Other
Estimated Project Start Date: Estimated Project End Date:
Request for Exemption: (If you are requesting an exemption, fill out Form PW-D: Exemption Request)
To the best of my knowledge, the above information is an accurate representation of the proposed project. I have been made aware of the 2016
CALGreen requirements and will comply with all requirements.
Name Title ........... Signature Date
PW
Approved
Further Explanation Needed
Reviewed By
Y - Approval Status
Denied
Exempt Due to Infeasibility
Date
Rev. 12/4/2020 2
Agreement No. 6905
FORM PW-B
a City of El Segundo Date:
�N Public Works Department PW Project Manager:
(310) 524-2300 PW Project Name:
FORM PW-B - PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS
This form must be completed and a rowed or a demolition / bulldln errnit will nnot be issued,.
Instead of completing a detailed accounting of the types and quantities of C&D debris that will be generated from this
project (FORM PW-61), you have the option to select one of El Segund'o's authorized waste haulers. These haulers can
handle your project's debris in such a way as to comply with CALGreen standards.
If you elect this option, please specify which authorized hauler(s) and/or facility(ies) you will be using and sign the
acknowledgement below. El Segundo authorized hauler(s) and/or facility(ies) can be found on the City's website:
ril�'gz , a"�rs�n�yaA sc��rtal� �r � ,+gciuernKri �u��F�i�r� arta7 u�r�tsll�t�k�Nu���rr,ri,rCrasi�-r�{�Mf �6fr�.
It is your responsibility to ensure that the hauler knows you are contracting for "C&D Recycling Service" so that the material is
properly handled and waste diverted. You need to obtain weight tickets from the hauler indicating the type and weight of the
material collected.
In order to comply with the requirements of the WMP, I will contract with the following hauler(s):
Hauler:
I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or facilities which receive debris from
this project and that I will submit a Post -Project Summary (FORM PW-C) at least S business a s rdort final ins e kcon..
Print Name
Signature Date
Rev.12/4/2020
Agreement No. 6905
FROM PW-Bl
City of El Segundo Date:
Public Works Department PW Project Manager:
(310) 524-2300
PW Project Name:
FORM PW-B1- PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS
[This form is to be completed only if you plan to use your own company -owned bins/trucks for disposition of material]
Thr's ftrrm must be com feted and a roved or a demon Jon I butldln ermlt will not be Issued.
In the table below, list estimated weight or cubic yards of debris that will be generated, recycled, reused, salvaged,
disposed, and/or transformed by this project. You must include all recyclers, salvage companies, recycle facilities,
mixed -use material recovery facilities, landfills, and/or transformation facilties that will be used for the project.
List of materials to be generated from the project:
ex, uvood, meted, concrete, asphalt, dtytvald cardboard: mixed
TONS
Reused/Salvaged/Donated
Ex.: Habitat for Humanity, Thirft Stores,
regrind onsite, reuse Fixtures, reuse
dirt/concrete/asphalt
Recycled
A facility that accepts 100% recyclable
materials to be fumed into other products,
Delivered to Mixed C&D Recycling
Facilties that recover some materials for
recycling
Disposed/La n d fi I led/Tra n sfo rm e d
Transfer station, landfill, or SERRF
Generated (total of above)
etc.
CUBIC YARDS Facilities to be Used
I or my company elect not to use an authorized hauler because I or my company own containers (bins or roll -off boxes)
Initial Here and/or dump vehicles and will not be contracting for debris removal services.
I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or facilities
Initial Here which receive debris from this project and that I will submit a Post -Project Summary (FORM PW-C) at least 5 business
Aqy§ QdqLto fira,al irwssOectS
Print Name
Signature Date
Rev.12/4/2020 3-A
Agreement No. 6Pw-c
City of El Segundo
Public Works Department
,v (310) 524-2300
Project Name:
Contractor Name:
Project Number:
Form PW-C - Post Prti ject Summary
Project Address:
Project Manager:
Date:
This form must be submitted to the PubCic Works Department at least 5 business days prior to project finalization. Provide facility name, material, and
total tonnage disposed and/or diverted. Documentation must be attached (i.e. weight tickets). If an approved mixed waste processing facility was
used, a report by the facility for this project is preferred. Return the completed form to the Public Works Department. You may use additional sheets
if necessary.
Ifyou used o(ne of th�City'Stauthorized haulers or facilities, complete this section, then skip to the SIGNATURE section below.
I used to meet the recycling requirements. Weight tickets are attached.
(List haulers and/or facilities that were used)
�W
I. FACILITIES
Please list all facilities (i.e. landfill and/or transformation, recycling/reuse/salvage, mixed C&D debris processing, materals recovery) used for this
FACILITY NAME
TONS DELIVERED
TONS DIVERTED
TONS DISPOSED
DIVERSION RATE
1
2
3
4
Other (reused on site)
TOTALS
)
)
)
W III mus�1lt�a�tch those Ilst�:d �ru i8ection I: �r
se enter disposal and div Ig Is re orted
Plea ersion totals for each 'itarrl taetlow, accordin to letter. Tota p
TOTAL GENERATED E=
(A) TOTAL DIVERTED =
(B) TOTAL DISPOSED (C)
OVERALL PROJECT DIVERSION RATE 0.00% %
(B/A)"100
To the best of my knowledge, the above information is an accurate representation of the disposition of the construction and demolition materials
generated on the jobsite. I understand that the City of El Segundo may audit disposal and recycling documentation for this project.
Print Name
Diversion Requirement Met:
Reviewed and Approved by:
Yes No
Signature
Exemption: = Yes
Date:
No
Rev. 12/4/2020
Agreement No. 6905
Form PW-D
City of El Segundo
1"AAA ,
Public Works Department
(310)524-2300
Project Name:
Contractor Name:
Project Number:
Form PW-D - Exemption Request
Project Address:
Project Manager:
Date:
If it is infeasible for you to comply with all of the requirements set forth by the Construction and Demolition Debris Recycling Form and you are
requesting an infeasibilty exemption, please use the following space to explain why your project should be considered exempt from recycling
requirements.
PIN OFFICE t1 E ONLY
Exemption Approved: Yes No
Reviewed by: Date:
Rev. 12/4/2020
Agreement No. 6905
Agreement No. 6905
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
STORM DRAIN IMPROVEMENTS ON CENTER STREET
PROJECT PW 21-35
PROJECT LOCATION MAP
UNDERGROUND STRUCTURES:
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41E WIWI
Agreement No. 6905
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