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CONTRACT 7172 Maintenance and Repair AgreementAgreement No. 7172 MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND FS CONTRACTORS, INC. FY 24-25 ON -CALL CONCRETE SERVICES PROJECT NO. PW 24-12 THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into November 15, 2024, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY") and FS CONTRACTORS, INC. ("CONTRACTOR"). The Parties agree as follows 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR' services not to exceed sum(s) as set forth in duly executed Task Order(s). CITY will pay this sum(s) on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit "A," which is incorporated herein. 2. TERM. The term of this Agreement will be from December 1, 2024, through June 30, 2025. Unit costs shall remain firm throughout the contract term. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform concrete services listed in the attached Exhibit "A," which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit "A". B. The specific services required of CONTRACTOR under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONTRACTOR, in response to specific project scopes of work and services requested by CITY„ Any duly executed and approved Task Order will become a part of this Agreement. All Task Orders up to $10,000 require approval from the City Engineer. All Task Orders over $10,000 require approval from the City Manager. The standard form for the Task Order is set forth in Exhibit "B". C. Concrete services required by CITY will be provided on an as -needed basis with C11 `Y determining and advising CONTRACTOR as to when specific services are required to be performed or completed by CONTRACTOR. Agreement No. 7172 D. CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. A. Pursuant to Labor Code § 1720, and as specified in California Code of Regulations Title 8 § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at h1.1 di1 a°a,i,!O %/,1)1,SIIUMN1111 CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code§§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires 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 must 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: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1 /30 of its membership through apprenticeship training on an annual basis statewide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. Agreement No. 7172 v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if 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. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, exofficio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. 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 CITY, CONTRACTOR must provide copies of the records at its cost. 5. PAYMENTS. A. For CITY to pay CONTRACTOR as specified by this Agreement and as set forth in each approved Task Order, CONTRACTOR must submit a detailed invoice to CITY. B. The maximum not -to -exceed amount for any individual Task Order will be limited to $25,000. C. CITY's city manager may make payments up to $1,000 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a fully executed Task Order for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a fully executed Task Order. All special work will be subject to all other terms and provisions of this Agreement. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has i. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. Agreement No. 7172 B, If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 7. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: .. NI[)e eel" Insuu•anee 1. i111its eonibined sin�ule Commercial general liability $2,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name 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 City will be excess thereto. Such insurance will 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 City, C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to 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 City from time to time. Insurance must be placed with insurers xvith a current A.M. Best Company l'Zating 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. CONTRACTOR 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. Agreement No. 7172 E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY gives CONTRACTOR a fully executed Task Order. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 9. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 10. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. Agreement No. 7172 C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day -to- day communications between CITY's and CONTRACTOR's project managers. Notice sent by mail will be addressed as follows: To CITY: City of El Segundo350 Main Street El Segundo, CA 90245 Attn: Floriza Rivera frivera@elsegundo.org To CONTRACTOR: FS Contractors, inc. 14838 Bledsoe St. Sylmar, CA 9 L342 818-838-6040 Attn: Jose Angel Fierros angel@fscontractorsine.com B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. 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. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. Agreement No. 7172 14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 16. SEVERABLE. if any portion of this Agreement is 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 Agreement will continue in frill force and effect. 17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 19. INTERPRETATION. This Agreement 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 agreement will be in Los Angeles County. 20. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the El Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CiTY's city manager may execute any such amendment on behalf of CITY. 2 L ACCEPTANCE OF ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. 22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. Agreement No. 7172 23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 24. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 25. ENTIRE AGREEMENT. This Agreement and its one attachment constitute the sole agreement between CONTRACTOR and CITY respecting concrete maintenance. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. [SIGNATURES ON FOLLOWING PAGE] Agreement No. 7172 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 A T"TE Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By l Joa in Vazquez,. Assisi ant City Attorney N Insurance Reviewed by: Al 1914 FS CONTRACTORS, INC. Jos ' ngel Fib °os President Jose Ernesto Fierros Corporate Secretary Taxpayer ID No. 474-3649570 Contractor State License No.: 1005940 Contractor City Business License No.: 38100 Agreement No. 7172 IX F1 113 J1 F City of ICI Segundo on -Call Concrete Services Fee Schedule Project Net. P1W 24-12 Company Name: 1=S Contractors Inc. Address: 14838 Bledsoe St, CityiState%Ill): Sylmar, CA 91342 Designated Contact. Jose Angel FieNros Email: martha@fscontractorsinc.com phone #: (818) 838-6040 Cell phone p: N/A ON -CALL CONCRETE H SERVICE'S FEE' SCHEDULE Includes all\�lobilizatioN)/Dei-nobilization, traffic control, 1 UblNc notification and postings ..� � , i,ciri drilling/sawcutt"ink;, demolition and root removals, debris haUlmint;, conflicting hardscape rernovatl as needed, base installation as needed, 95% compaction, formwork, concrete pour. re -seeding damaged hot 1-nix ��a I)alt �Nw �r lawn,IT��..��widcG tNO,[�LSCitll> Ci crushed 6"' crL., n)iSC0I )nC �.�..� sous bit we ,lot .. r ll,ivuNl�. _ _ t LIN IT �iYI1�hRl( t� 1 Remove and replace 4"41lick sidewalk Sl-' 1000l�:-.� ... � Remove ~ �.:)cL, 6"'-tl)il.k dN"Iv4w.iy Ic ° r a))N)Oa(.h,)Inlll'llldin r did"al. approach, i J ctu b, and Sly 10 )d�accnt plot ��avin� _ na___ 3 Remove and replace curb and 2'-wide 1,F I 0 ��utter, and adjacent slot -paving 4� Remove and replace 67'-high curb only, 2 e�}�� and `adjacent slot -paving Remove and replace ADA curb ramp and l� A ii adjacent slot -paving 6 Reniove and replace Stamped, colored concrete sidewalk m _. _. ...... _... _ n, % Remove and rcl?IdGC l�Cl'1t�1�e 5101)G 1..;JA hroC.UIe new Inscribed Heritage Stone inscription will vary per tiC0!)C/I11011Uil)tri)t ..�. .�� Remove and 6"-thick portion of 1. 10 9replace existing CPOSSgUttel' 5 Agreement No. 7172 Cite of El Segundo On -Call Concrete Services Labor Rates Provide rates for all labor classifications applicable to the quoted service Made. Other types of labor rates may be requested or added as needed. Labor hourly rates steal l be inclusih c of all Charges, including but not limited to, equipment if not specified otherwise, travel, vcllicles, constrt.tction vehicles, small tools, standard materials packages and expendables, regular working hours shall be Monday to Friday, 7: 00 am to S: 00 pm. Provide mates for weekday after hcnu's, weekend and holiday work. if Saturday and 8110Jlly ovel'time hourly mites ditl'er, please note the hourly totes oil a Separate sheet for applicable Itetlls (.."- I through C- 8. Compensation at the hourly rate will begin when work commences oil site. Iran item rlu111hCr does clot apply, please enter" Not Applicable" on the hotn•ly rage line for that item. ON-CALL..CONCRI+�I['L" ��l,�VICES_r�,��t�...�,,,.._ tZAtto5 � ��..,. t,RlI�w'1!. t t attI ° IE OVERTIME REGULAR Wt°;A"A( aA ° �h I b�«EIND HOLIDAY ITEM 1101iR11Y I110URLY 110URLY 110URLY NC9. _ Sul Sf"It t'1 I It)��.��....� �,. [... I rlSiPForeman Su aei� isa te I ,r ! Skilled Cement Mason Cement Mason's Apprentice I-,-4 Laborer (ski I led) Laborer (tnlskiIled) Other Labor Rate: L.-6 Other Labor Rate: specify "I"��pe o!'t.,ttbc,r 1,7 " other tabor Rate, Specify Type of L.asbor I.� tv iaiinum Hoitrs (If'anY): l "-9 Agreement No. 7172 NON-COULISION AFFIDAVrr ON -CAM - FIRM EC'FNO,: PW 24- 12 TO BEFXECUTED BY BIDDER AND SUBMITTED W11-M BID State of'California County 01- Los ) Angeles) Jose Angel Fierros . . . ..... being first du ly sworn, deposes and saythat lie or she is President ol" FS Contractors, Inc. the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization. or corporation: that the bid is genuine and not collusive or sham, that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid. and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sharn bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, du-'ectly 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 elernent of the bid price, or of that of any other BIDDER. Or to SecUrv, any advantage against the public body awarding the conti-act of anyone interested in the proposed contract, that all statements contained in the bid are true; and further, that the bidder has riot, directly or indirectly, submitted his or her bid price or any breakdown thereof; or the contents thereof, or divulged inlormation or data relative thereto, or paid, and will not pay, any [be to any ef"'Irporalion, partnership, company issociat[on, orgarliy,,ation, bid depository, or to any member cur agent theworlo 01*1�ctuale a collusive or sham bid. FS Contractors, Inc. . . . ............ .... . S iT P4 t t I —Ve Name of Bidder/Conipany Name Jose Angel Flerros 10107/24 Typed Name Date President Title W Agreement No. 7172 DESIGNATION OF SUBCONTRACTORS ON -CALL CONCRET[L SERVICES PROJECTNO.: PW 24-12 Company Name: FS Contractors, Inc. . . ....... . . As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one- halfof one percent (0.5%) ot'the total bid price or certifies that the bidder is fully qualified to ribrin and will Lei foim thatI!,)Ltion of the woiT<. itself, Ekscripil ()n 01, Subcontractor's Portion t)I' Name ol.' Contractor Work Estimated Subcontractor Address License No. Subconinicled $ AMOU111 Number and smet) - - --------- . . . ..... - — ---------- . . . . .. ........ . . . ........... . . . ........ (Make copies of th ' is page if additional space is needed) 10/07/24 Date Slunature or Bidder Agreement No. 7172 INSURikNICE REQUIREMENTS [MUST BESUBMITTED WITI-1. PROJECT PROPOSAL] ON -CALL CONCRLTE SERVICES PRO.IFICTNO.: PW 24-12 Company Nam,: FS Contractors, Inc. To be awarded this contract, the SuCCQAfLlI bidder must procure and maintain tile jollowinu types of insurance With coverage lirnits complying, at a ininilyn.1111. With the limits set I'orth below: Ty Pe cif WimsuLlice, Commercial general liability: $2,000.000 BUqinCSS UW01110bile liability: $ l,0()(),()0() Workers compen-saticon'. Statutory ( 1 cininiereial gencral liability insuralice must inectof-exceed the rCLjUireVTlCT1tS0l'IS0 -CGI, FoirnNo. CC; 00 01 11 85 Or R8,ThC,'1nl0Llll1 of insurance set forth above rnwl bca cornbineddi-igle limit per occurrence for bodily injury, personal injury, and property damage for the po a licy cover, ge. Liability policies must be endorsed to name the City. its officials. and employees as -additional insureds , under said ill'Sl-lrancc coverage and to state that SLICII insurance will be deemed "primary"SUCh that any 01110- illSUrl11CC that rilay be i:urriecl by the City will be excess thereto. SUCII endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 89, or equivalent. Such insurance inum be on an 1.0cull-relicc-'- not a "claims made.- basis and will not be cancelable or sobJect to reduction oxcept LIJ)On thirty (30) days prior written notice to the Cily. Insurer will agree in writing to waive all rights Of'SLibrogation against she City, its officers, officials, employees, and VOILInteCl'S far kisses arising from work pertorined by Contractor for the city. Automobile Coverage filUst ho wrinen on ISO Business Auto Cbverqp Form CA 00 01 06 92, including symbol I (Any Auto), The ColMdUillt MLISI f-UrniSh to HIC City dUly aLlthenticatcd Certificates of InAlranCe, evidencing inairitentince of the ir)SUIVICC reClUil-Cd under this Agreement, endorsements as required herein, and SUCII 011ler 0VideflCC of inSM-811ce or copies of'policies is may be reasonably required by the City from lillie to 6111C. 111-Alrance must be placed with adrilitted insurers with a CUrt-cril A,!Vl. Best Company Rating, equivalent to at least a Rating of "ANTI." cerlificate(s.) must relleel that the insurer will provide thirty (3(l) day notice ofany cancellation of coverage, The COriSMIUM11 Will require its il)SLINV to InOdif)' SUCII Cerfil-ICWC�; tea dUICW all.Y eXCUlfMi(iry F orclillg slating 111,11 J',-1jjUj-e )f1bC il)SLH-0-10 alai! Written notice ol'callccllariori impohes no obligation, and to (jele(c the word -endeavor"' With rcgard to any notice provisions. 111C City require~ CAif6rniil Worker's Collip S \N e , Oul-ol- ensmion Coverage with the associatCJ 1,uiv r state COVeRIpC Will not be accepted In lieu of the California coverage. becaose the work is being pe6orined in the State ofCali iornia. By signing -slanck, and will conliliv willi lllew . 1 1 this form, the bidder cerlikes tjl�jj. it has read, undel inNUI-011CC requircnaents it it is selected as the City`s coll'-d I Lunt. j7,jijLlt-e tee provide this insurance will render the proposal "nonresponsive." I J M M Bid( t S Agreement No. 7172 October 2, 2024 ADDENDUM NO. I to PW 24-12: ON-CALI, CONCRETE. SERVICES REQUEST FOR QUOTE ATTENTION BIDDERS. The following additions, modifications, and clarifications to the specifications shall be filClUded in, and become a part of, any contract which inay be executed for the above, prqject in the City of El Segundo: 1. The due date and tinie is still Monday, Oct. 7, at 5.00 pm. 2. Please see the attached sample Performance Bond and Labor and Materials Bond docurnents.These will be required ol'any companies awarded a contract for on -call concrete services. 3. Pleaw see the attached example Task Order that will be sent out when the City, needs on -call concrete services and a quote lor the proposed work From a contractor with an on -•call City contMtet- l I'approved, the quote Will be, attached to a finalised Task Order and then signed by the contractor and the City so that the task can be scheduled for construction. As evidence that the BIDDER has read this Addendum. the BIDDER must acknowledge same in the, space provided below and submit this Addendum with the Proposal. Failure to provide such acknowledgCITIC11t Shall render the proposal as non -responsive and subject to rejection. 10/7/24 Signature : . .......... Print Company Name: FS Contractors, Inc. Agreement No. 7172 LABOR AND MATERIALS BOND FY 24-25 ON -CALL CONCRETE SERVICES PROJECT NO.: PW 24-12 Bond No. RCB0051640 Bond Fee: Premium Included in Performance Bond FS Contractors Inc. as principal ("PRINCIPAL") and RLI Insurance Company , a corporation incorporated under the laws of the State of Illinois and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000), 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, oroth+ersupplies, and equipment used in, upon, for or about the performance of the work contemplated in PLANS AND SPECIFICATIONS NO. PW 24-12, ("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 24-12, 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 i-F-1 Agreement No. 7172 used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of PLANS AND SPECIFICATIONS NO. PW 24-12, 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 f 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] T-F-2 Agreement No. 7172 SIGNED AND SEALED this 22nd day of November , 24 24k 46;) . 4 PRIM AL's PFdSIDENT Sure s Attorney in Fact .... Metro I" icciche PRINCIRAf.'s SECRETARY PRINCIPAL'S MAILING ADDRESS: 14838 Bledsoe Street Sylmar, CA 91342 SURETY'S MAILING ADDRESS: 9029 N Lindbergh Drive Peoria IL 61615 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. i-F-3 Agreement No. 7172 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ,x n ,a .°�, aK 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 December 6, 2024 before me, N gdha i abel Lopez Rjubi elLb Ngj r ._-. .., Date Here Insert Name and Title of the Officer personally appeared _..D "" R C Name(s} of Signer(s} who proved to me on the basis of satisfactory evidence to be the person( whose narne(s) ism subscribed to the within instrument and acknowledgied to me that heksheAAey executed the same in hisA4a9#4x authorized capacity(ies), and that by hisLhar.Uho signatures on the instrument the person(), 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. MARTHA ISABEL LOPEZ RIIUBI ,k Notary Public California Los Angeles County_—-., 0 Commission2356361 Signature 1 P Y My Comm. Expires may 21, zoz5 Signature of Notary Pu Cic f' Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:—LabL?C..an-d._Material-B __._ -- ..._.® ....~.-- — .__. Document Date: December 6, 2024 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Josen el Fierros ® Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:. , Signer's Name". ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: w Signer Is Representing: XX 02015 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 Agreement No. 7172 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 „`'fi;*�..£"�r�ri-✓�.�a.�'. ..q�. ,,o-�:� 4.a.+i��"r,C's'��.K,n�,',ti»,,,,6.'t.%..,ya,`:�";r�,.�,w.�'�..Sw�'?a;,is�",�,`�';i'�.�,.. a,x��;'M,.�'',r.✓.R;:�;'R �t,'�a.,.".`�,�'?"'�..� ;��. a�,��"��'"�"�"s:�.a, �'7:�.'�m., „"",�.�{rKm"r.�Ga`*" 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 December 6, 2024 before me, INlartha Isabel Le e : Biubl Publle Notary-, Date Here Insert Name and Title of the Officer personally appeared Name(&} of Signers} who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) isLa;e subscribed to the within instrument and acknowledged to me that he4h executed the same in him& authorized capacity(ies}, and that by hisA4ep4w4 signature-(c4 on the instrument the person(&), or the entity upon behalf of which the person(c) acted, executed the instrument. w �,��1 Nat��" P�kr86� • ��daF�a�itii� s I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature .,.,_ ...M e" Signature of Notary Pubiic" Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ bor and.._latejjaLBDRC .. ...... ._._... --- Document Date: December s, 2024 Number of Pages: Signer(s) Other Than Named Above: , Capacity(ies) Claimed by Signer(s) Signer's Name: ,.lose Angel Fierros ® Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: . Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: x..'i+',,,'/`*:,'^,.s.+"C.iGd^,'y""-w`""".^":':rv`';✓"4",^�w"'s✓'CM*....",...C„*^'C'.,,""+';�7*,.k,�uf„�aw,°,�;5"'�".w,.v ©2015 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Agreement No. 7172 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of a e Los Angeles _.... ......_ ._... ) On NOV 2 _ Angel Nunez, Notary Public R� ._.�..u.L.S'i.. before me, , Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personoo whose name0o is/" subscribed to the within instrument and acknowledged to me that h%WftX executed the same in his/ oftiK authorized capacity04), and that by his/)(wM q(signature(* on the instrument the personoo, or the entity .upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cali or is that the foregoing paragraph Is true and corm WITNESS hand td official seal'. ANGEL NUNEZ L44Y Notary Public , California Los Angeles County ��%gnatCommission f 2482770Signatu o of rfl Public Comm. Expires Mar 14, 2028 Place !Votary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: , Number of Pages: _ . Signers) Document Date: Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Titie(s):.._._,..�........ .. ❑ Partner — ❑ Lim' d G General ❑ Individual Aftomey in Fact ❑ Trustee El Guardian or Conservator ❑ Other. Signer Is Representing: Signer's Name: r . ❑ Corporate Officer — Title(s):.. ❑ Partner — I_:l Limited D General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: .,. 02014 National Notary Association • www.NationaiNotary.org • 1-600-US NOTARY (1-800-876-6827) Item #5907 Agreement No. 7172 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know A/l Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Patricia Zenizo 1'ietraro Micciche. Elisabete Salazar "M.1intl or severally in the City of Glendale State of ("tllil"ornia its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five, Million Dollars (_$25,00 ,iC 00.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be panted by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vic t P u, ident with its corporate seal affixed this 23rd day of A t 2024 ugus � r AN udYr v r 0UFA to S E, SE 1 ,€ LLSY i5 �"� F p @tad N�"5 State of Illinois } SS County of Peoria ))) on this _22-1rd— day of Augo,,,t 2024 , belbre, irc Ca Notary fubhc, lacrsa rr ally aplrcrarcrl Lr LLtlara wwho being by Inc drily wvtrrra, Fackno %lodged phew lie signed tltu. above Powwer or Atwcaraaay as the, dularrc^Maid. officer ol'the RLI Insurance Cornpara�y and/or Contractors llontiing and Insurance Conipany and acknowledged said instruuncni, par be the voluntary act and deed of said corporation. By: t" Jill A. Scott Notary Public "T c� JILLASCOTT y Notary public „,..,�;,,,,,� State o! Ohio My Comm. Expires ;,,n� 5eptember 12. 2015 RLI larsurancc Company Contractors Bonding and l aocc Company 13y;. Eric Raudins Sr. Vice President CERTIFICATE 1, tlae trudersitlnr<I officer of RI..I Insurance Company and/or Contractors Bonding and, Insurance Canaalmnw, do hereby c:erdry t1lat plac attached Pow vcr of Anonley is In full rorce and effect and is irrcwwaeablc; and that the lCe oh,u;tioll of III t .aaarppany p�B set forth In the Power of Attcrrwy, k now ill force. In testiuriouay wvhcreof, l have ltcreuluo sew my halki and die seal of lbtr RLI Insurance Coll" nin^y and/or Contractors, Bonadirl and InsuranceC;°aruap.rrtl dial s ti day o _ _' q( , RLI Insurance Company Contractors Bonding and Insurance CgRipany By: 13 Jeffrey t ics Corporate Secretary 0449 s5 m'a2 i 2 A0058D 19 Agreement No. 7172 FAITHFUL PERFORMANCE BOND FY 24-25 ON -CALL CONCRETE SERVICES PROJECT NO.: PW 24-12 Bond No. RCB0051640 Bond Fee: $259.00 Premium Based on Final Contract Amount FS Contractors, Inc. as principal ("PRINCIPAL") and RLI Insurance Company , a corporation incorporated under the laws of the State of Illinois and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000), 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 24-12, 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 24-12, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. Agreement No. 7172 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 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 24-12 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] T-E-2 Agreement No. 7172 SIGNED AND SEALED this 22nd day of November A , ", k r ►tfYr�. PRING AL's P ``SIDENT , 20�24 _. Surety's Attorney in Fact Pietro Miccihe PRINCIPAL's MAILING ADDRESS: SURETY'S MAILING ADDRESS: 14838 Bledsoe Street 9025 N Linidber Drive S irriarIL 61615 , CA 91342 _Peoria 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. T-E-3 Agreement No. 7172 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles )' On December 6 2024 before me, Marta Isabel Loo—ez R.AI_ d 'PUbl1C NOt ry Date Here Insert Name and Title of the Officer personally appeared �.C_69C' I,. Names,) of Signers} who proved to me on the basis of satisfactory evidence to be the person(F4 whose named isA" subscribed to the within instrument and acknowledged to me that he4hoAhey executed the same in hisAf4@ath& authorized capacity4e4;), and that by hisAl4eA44434 signatures on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. MARTHA ISABEL LOPEZ RIUBI Notary PUbk - California �-5,t,- Lo5 AgEg _ My e$ County Conrom+55ion # 2356361 COMM, EXPIre5 May 21, 2025 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Nota P bliA ...,. Signature 9' rY c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Typement of D cument6,.. aithfl -P-.e�ilTt� . Numb of _ .— w ...... Number Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jose An el ierros kZ Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _ _ . ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Xy 02015 National NotaryAssociation • www.NationalNotary.org 1-800-US NOTARY 1-800-876-6827) Item #5907 Agreement No. 7172 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 v�.„�.�"��".��,�..� �: �,'i"a.�`,.M�,�.w."�"n.:�.•.a�. u,.�x�� „�.s��w��;4,�,��.s„r� w �� .,.�.�'�,��;��c_t.w�. ��, .r,,.��,�s'��;,�,„;,,�. �».^�;:wr�.»«��"��,,� 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 An S ) On December 6, 2024 before me, Martha Isabel Lopez Riubi Public N&r Date Here Insert Name and Title of the Officer personally appeared Name(&} of Signer(sl who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is subscribed to the within instrument and acknowledged to me that heAsheAhe executed the same in his/hQr4hei authorized capacity4es), and that by hi * signaturefcr4 on the instrurent the persons 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. RAFHA ISABEL LOPEZ AIM Notary Public C,a0ornia ' c 9osAra,ekos County Signatures VW �m Commission2356,31 Signature of Notary Pu tic my Cornrt, Expires Wly 21, 2025 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _aftbf l.I P_etdb� nC_e_BD. h .................... — -- Document Date: December 6, 2024� Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jose Ernesto Fierros ® Corporate Officer — Title(s): corporate secretary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �w Signer's Name: _. ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certfficate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of..._......Los AS...... ..__..........___._ On NOV 2 2 2 0 2 4 before me, Date personally appeared Pietro Micciche Nunez, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono) whose name0o is/A* subscribed to the within instrument and acknowledged to me that h%" executed the same in hisjwgoft!( authorized capacity(#, and that by his/Not AR (signature(;) on the instrument the person(, 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 cor ,ect - 4 WITNESS m *:dfficial seal. ' ..."' ANGEL NUNEZ Notary Public - CaUPornla Los Angeles County S,ignatl,gr' Commission x 2482770 Signature rp✓ Public My Comm. Expires Mar 14, 2028 0, Nip Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: . ...... Document Date: Number of Pages Signers) Other Than Named Above: Capacityfes) Claimed by Signer(s) Signer's Name: ...e._. a ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Lirni d' ❑ General El Individual , Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: Signer's Name:_—, El Corporate Officer — Title(s): G Partner — F1 Limited C: General I Individual ❑ Attorney in Fact ED Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6B27) Item #5907 Agreement No. 7172 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know A// Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Patricia Zenizo. Pietro 'uMiccicbe Fhsabete Salazar iointly or severally in the City of Glendale , State of Caalilearn'ia its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars (_ $ 2 5— i)llilI)IDil.flll ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. %' ice Pt es ideal with its corporate seal affixed this 23rd day of • t 2024 91t, a tP {1, y�^ r s- S d t 8 1 r' State of Illinois } SS County of Peoria ))) On this 23rr day of Aat >rts atl't , before ine. a Igoiary 1°cubbc. personally appeared Eric I I I�9�aaL s tyho being by uroac dttlt� sctOM ;ack'nowlodgcd lhtrt lie'' signed the alcove Powerof Allorriq as the rltaucwaiel officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowedged said instruinent to be the vokaitary act and deed of said corporation. � u By: Jill A. Scott „ Notary Public i w,t t Jae A scow „4i4 r. Notary Public State of Ohio h ^` ,U, My Comm. Expires Septe,,IW 22, 2625 RLI Insurance Company Contractors Bonding and Ins srurce Company By: Eric Raudins Sr. Vice President CERTIFICATE I, the Undersigned of6cer of RLI Insurance Company and/or Contractures Bonding and Insurance: Companua, do hereby certify that the attached Powet of At onney is in full force rated etieu and is iaucr,ocaable, and d"tarllrw uuararc, 11m, tire. Resolution of the C"r inpany as sea Iaarrt9ro itt the Power of Anuanaey, is nox in fe pere, lea wMinuony "heluof. I have hcrc unto set eery Maud ;ant,' the se.rl of the RLI lustarance Corer raatr^ atom/tit (70 wnictors Baantflo, and Iustirance 4,„"oanlrunw°class a clay of P)..1 ' 29 RLI Insurance Company Contractors Bonding and Insurance Company By: 13 Jeffrey I. is Corporate Secretary 0449; 5 iu 'a2 r , A0058 D 19 Agreement No. 7172 CITY OF EL SEGUNDO REQUEST FOR QUOTES / INVIT°ATION TO BID FOR ON -CALL CONCRETE SERVICES PW 24-12 SEPTEMBER 12, 2024 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET, EL SEGUNDO, CA 90245 310-524-2300 BIDS DUE MONDAY, OCT. 7, 2024, AT 5:00 PM I Agreement No. 7172 September 16, 2024 Subject: Request for Quote (RFQ) and Invitation to Bid On -Call Concrete Services, PW 24-12 The City of El Segundo invites qualified Contractors to provide pricing for concrete services on an "on call or as needed" basis for various projects throughout the City. The City intends to issue up to three (3) on -call contracts to the lowest and best -qualifying bidders in amounts not to exceed $24,000 each for small, unplanned, or emergency concrete repair services. The City is not obligated to ensure the full amount of this contract. The work will be on an as - need basis as requested by City personnel to the contractors. Scope ofWork: The. Contractor is to provide the City with on -site Concrete Services including all labor, materials, tools, transportation, equipment, and supplies required to perform traffic control, mobilization, demolition, forming, compaction, pouring, and finishing work as necessary to install sidewalks, stamped colored concrete, curbs, gutters, ADA ramps, and other public concrete facilities. Also included in the scope are the removal of Heritage Stone sidewalk pavers; procurement of new, inscribed Heritage Stones; and installation of hot -mix asphalt slot paving for all asphalt next to new concrete. Services will be provided on an "as -and - when -requested basis, (24 hours, on weekdays when City Hall is open)" " 'oi:i in, l) s Regular working hours shall be Monday to Friday, 7:00 am to 4:00 pm, on residential and minor streets. On major streets working hours shall be 9:00 am to 3:00 pm. Contract Sum The City, agrees to pay the Contractor up to but not to exceed Twenty -Four Thousand Dollars ($24,000) annually for any on -call work. The Contractor shall understand that annual on -call work may cost less than $24,000 or may not occur at all during the contract period, depending on whether and how frequently emergency circumstances arise. Contract Term The term of this contract shall be from November 4, 2024, to June 30, 2025. Prices shall remain firm during the contract term. Prevailinl; W ge and De artment of Industrial ltelations JA SB 854 lie uirenients This project is subject to prevailing wage requirements. Also, the Contractor shall adhere to requirements of Section 1771, 1774-1776, 1777.5,1813 and 1815 of the Labor Code. 1. No contractor or subcontractor may be listed on a proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 2 Agreement No. 7172 2. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. 3. This project is subject to compliance monitoring and enforcement by the DIR. Contractor License and Document Require ents To be considered, Contractor must be licensed in accordance with the provisions of the State Business and Professions Code. For these projects, the acceptable license class is "A" or "C- 8". The Contractor and applicable Sub -Contractors will be required to possess the correct license for their project classifications, as well as a valid Department of Industrial Relations (DIR) registration, valid City of El Segundo Business License, and insurance as required per the construction agreement (see attached sample agreement). If applicable, performance Bond and Labor and Materials Bond will be required prior to work beginning. Subcontractors The services of Sub -contractors will comply with all terms and conditions required of the Contractor. References List a minimum of 5 references that have used your company in a similar work within the last two years. Municipal agency references preferred. Attachments Numbered items are documents to be submitted with bid, in addition to a Labor Rate sheet: 1. Bid Table and Labor Rates, pages 5-6 2. Non -Collusion Affidavit, page 7 3. Designation of Subcontractors, page 8 4. Insurance Requirements, page 9 Technical Scope of Services Standard Specifications (less than $60,000) Sample Public Works Contract Acceptance or Rejection ofProposals: The City reserves the right to select the successful proposal(s) and negotiate an agreement as to the scope of services, the schedule for performance, duration of the services with the Contractor(s) whose proposal(s) is/are most responsive to the City's needs and compensation for services. The City reserves the right to further negotiate any aspect of an agreement. Additionally, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality or irregularity n the proposal as in the City's best interest. The City may, for any reason, decide not to award the agreement(s) for this RFQ. Proposals shall be prepared and submitted in accordance with provisions of the RFQ instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a proposal may be sufficient grounds for rejection of the proposal. The City has the right to waive any minor defects or irregularities in a proposal. The City may deem a proposal nonresponsive if any document or item necessary for the proper evaluation of the proposal is incomplete, improperly executed, indefinite, ambiguous, or missing.. 3 Agreement No. 7172 Anticioated Proiect Schedule 1. RFQ issued 9/16/24 2. Questions due by 5:00 pm 10/01/24 3. Questions answered by 5:00 pm 10/04/24 4. Bid due by 5:00 pm 10/07/24 5. Contract award 10/28/24 Submittal Reguirements, Deadline and Questions: Place "Ott -Call Conerete Serviees RFV' in the Subject Line of all correspondence regarding this request so that emails will be rotated correctly. l�r�a�ail � uestions to Floriza River's at friv . Questions will be answered, and responses sent to all registered contractors by 5:00 pm on Octiber 4, 2024. Proposal pages 5 — 8, attached to this letter must be received by 5:00 P.M., October 7,2024. Email proposal to Floriza Rivera at frivera@elsegundo.org By submitting a bid, the Proposer shall guarantee that all rates shown in their submittal shall be valid for a period of 120 calendar days from the due date, or while contract documents are being processed. Sincerely, Floriza Rivera Public Works Department (310) 524-2361 Cc: Cheryl Ebert, Interim City Engineer Garrett Quaintance, Street Maintenance Supervisor 4 Agreement No. 7172 City of E1 Segundo On -Call Concrete Services Fee Schedule Project No. PW 24-12 Company Name: Address: City/State/Zip: Designated Contact: Email: Phone #: Cell Phone #: ON -CALL CONCRETE SERVICES FEE SCHEDULE Includes all Mobilization/Demobilization, traffic control, public notification and postings, core drilling/sawcutting, demolition and root removals, debris hauling, conflicting hardscape removal as needed, base installation as needed, 95% compaction, formwork, concrete pour, re -seeding damaged lawn�� 3 -wide 6 PG 64-10 hot mix asphalt over 6'" crushed miscellaneousUNI base slo t iavcn' ITEMand NO. DESCRIPTION UNIT T"' TOTAL 1 Remove and replace 4"-thick sidewalk SF 1000 Remove and replace 6"-thick driveway 2 approach, including adjacent curb, and SF 10 adjacent slut- av�n Remove and replace curb and 2'-wide LF 10 3 gutter, and adjacent slot -paving 4 Remove and replace 6"-high curb only, LF 200 and adjacent slot -paving Remove and replace ADA curb ramp and EA 1. 5 adjacent slot -paving Remove and replace stamped, colored SF 10 6 concrete sidewalk 7 Remove and replace Heritage Stone EA 5 Procure new inscribed Heritage Stone — EA 5 8 inscription will vary per stone/monument Remove and replace 6"-thick portion of SF 10 9 existing crossgutter Agreement No. 7172 City of El Segundo On -Call Concrete Services Labor Rates Provide rates for all labor classifications applicable to the quoted service trade. Other types of labor rates may be requested or added as needed. Labor hourly rates shall be inclusive of all charges, including but not limited to, equipment if not specified otherwise, travel, vehicles, construction vehicles, small tools, standard materials packages and expendables. Regular working hours shall be Monday to Friday, 7: 00 am to 5: 00 pm. Provide rates for weekday after hours, weekend and holiday work. If Saturday and 8noJuy overtime hourly rates differ, please note the hourly rates on a separate sheet for applicable Items C- 1 through C- 8. Compensation at the hourly rate will begin when work commences on site. If an item number does not apply, please enter" Not Applicable" on the hourly rate line for that item. ON -CALL CONCRETE SERVICES LABOR RATES OVERTIME OVERTIME OVERTIME REGULAR WEEKDAY WEEKEND HOLIDAY ITEM HOURLY HOURLY HOURLY HOURLY NO. DESCRIPTION RATE $ RATE $) RATE $ RATE $ L-1 Supervisor/Site Foreman L-2 Skilled Cement Mason W L-3 Cement Mason's Apprentice L-4 Laborer (skilled) L-5 Laborer (unskilled) Other Labor Rate: Specify Type of Labor L-6 Other Labor Rate: Specify Type of Labor L-7 Other Labor Rate: Specify Type of Labor L-8 Minimum Hours (if any): L-9 P Agreement No. 7172 NON -COLLUSION AFFIDAVIT ON -CALL CONCRETE SERVICES PROJECT NO.: PW 24-12 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 7 Name of Bidder/Company Name Date Agreement No. 7172 DESIGNATION OF SUBCONTRACTORS ON -CALL CONCRETE SERVICES PROJECT NO.: PW 24-12 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 "erforrn and will erform that ortion of the work itself. Description of Subcontractor's Portion of 7 Nam7of Contractor Work Estimated Subcontractor Address License 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 Agreement No. 7172 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] ON -CALL CONCRETE SERVICES PROJECT NO.: PW 24-12 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "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 witli these insurance requirements if it is selected as the City's consultant. Fa'ilUre to provide this insurance will render the bidder's proposal "nonresponsive." Date Bidder's Signature M Agreement No. 7172 TECHNICAL SCOPE OF SERVICES 1-0. CONCRETE REPAIR SCOPE OF SERVICES: The services requested would be removal and replacement of sidewalk, curb, gutter and other Concrete Services provided by the contractor in the normal course of business. All work performed shall be for public right-of-way (ROW) concrete in the City of El Segundo. The Contractor must acknowledge receiving an on -call request within 24 hours and respond with task cost estimates within two business days of the original request. 1-1.. The Services are to be provided on an "as needed and when requested" basis and include, but not be limited to, the City needs listed below. Concrete facilities installed shall comply with current Standard Specifications and Plans for Public Works Construction, ADA standards, and City construction standards. Unless otherwise stated or required per accepted standards, concrete mix shall be Class 520-C-2500 and asphalt materials shall be PG 64-10. a. Mobilization/Demobilization b. Minimum one -week notification of affected property owners and businesses and 72-hour posting of No Parking signs, advanced Dig Alert notification c. Removal and replacement, or installation, of sidewalk, driveway approaches, curb and 2'-wide gutters, curb only, ADA ramps, stamped and colored concrete sidewalk and portions of concrete crossgutters, All new installations shall be ADA-compliant and match existing in color, dimensions per standards, and where they join to existing protected -in -place concrete or asphalt. d. Removal and replacement, or installation of, Heritage Stones. Procurement of new inscribed replacement Heritage Stones as needed. e. Removal of conflicting nonstandard hardscape. Replacement only if directed by City staff. f. Tree root and vegetation removal down to two feet below grade g. Soil compaction to 95% relative compaction h. Formwork installation and removal, and concrete finishing i. Where asphalt is adjacent to new concrete, removal, and replacement of 3'-wide, 12"-deep PG-64-10 6" hot mix asphalt slot over 6" crushed miscellaneous base slot paving shall occur. j. Overnight ramping with asphalt of elevation differences as necessary k. Meter and pull box adjustment to grade as necessary 1. Restoration of surfaces and facilities damaged due to construction in. Traffic control per CA MUTCD and WATCH manual n. Site cleaning, disposal of removals, NPDES Compliance, and implementation of a Construction and Demolition Debris Waste Management Plan o. Submittal of concrete, asphalt, and Dig Alert tickets p. Submittal of written itemized cost and schedule estimates regarding individual concrete task work to the Project Manager 1-2. The above is not intended as an exhaustive list. The scope of work will be determined on an as -requested basis. It is expected that the successful contractor will be able to make good repairs to any portion of the City's ROW concrete on an emergency basis. 10 Agreement No. 7172 1-3. The service company's principal business shall be the removal and construction of Portland cement concrete and asphalt concrete�facilities. 1-4. The service company shall own and operate a fully -licensed independent or fully - licensed franchised company and shall be fully experienced to remove and replace City ROW concrete and asphalt, including Heritage Stones. 1-5. The work for each separate task assigned for this project shall be completed in the stated allotted amount of time for each task. 1-6. Sawcuts to existing asphalt pavement or existing concrete facilities shall be neatly perpendicular or parallel to the existing curb face. In the case of driveway approaches, diagonal sawcuts are allowable if they follow the existing diagonal sides of the approach. 1-7. Heritage Stones are existing engraved round monuments set into the El Segundo downtown sidewalks. See information below and on the following page. During a downtown -sidewalk repair, one or more Heritage Stones may have to be removed through core -drilling or sawcutting circular holes around the stones. They shall be re- installed after the repair, also through core -drilling. If needed, the contractor shall procure new, inscribed Heritage Stones to replace damaged stones. Inscriptions shall match existing. Stone SpgqJ-fications, • Typical and preferred Heritage Stone diameter: I V 12" diameter monuments may be used only with prior City approval. Typical Heritage Stone thickness: 2.5" • Typical core -drilling diameter: 1" diameter greater than the actual stone Typical core -drilling depth needed: minimum 4". o The El Segundo butterfly shall always be inscribed at the top of each stone. Text inscriptions vary. Please see the example inscriptions in the pictures. Rennoval and Care The Contractor shall take extra care during the sawcut and removal of each stone. The Contractor shall clean each Heritage Stone and remove all excess concrete from around each stone. Already -damaged Stones shall be replaced at City staffs discretion and according to the bid table prices. Any Heritage Stones damaged during 11 Agreement No. 7172 construction shall be replaced at Contractor's expense. The Contractor shall purchase and have inscribed any new Heritage Stones that replace damaged stones. The Contractor is responsible for transporting each Heritage Stone to the City Yard at 150 Illinois Street, El Segundo, California. The Contractor shall contract Garrett Quaintance, Street Maintenance Supervisor at (310) 877-0091, prior to construction to arrange for access to and storage space for the Heritage Stones in the City Yard. After each Heritage Stone is removed from the sidewalk, the Contractor shall place temporary Class A Cement Mortar in each circular void left in the existing sidewalk. Temporary asphalt concrete shall be placed in a manner to form a safe and smooth surface to match existing improvements. 1:e lacement Stories, Contractor shall locate vendors to use to supply and inscribe new Heritage Stone monuments when replacement monuments are needed. Inscriptions to match existing. Example inscription �t Mayor City of El Segundo Bill Fisher 2013 - 2014 Re -installing or replacing Stones After sidewalk construction is complete, Heritage Stones shall be placed in the same direction and position relative to other stones as before their removal, with a 3" offset in the east -west direction center -to -center. City staff shall approve placement locations before placement core -drilling occurs. Fill under Stones shall be added and compacted to 95% compaction such that the stone face is flush with the sidewalk grade. A Heritage Stone shall be centered in a cored hole, and then an approximately 1-inch quic crete ring shall be poured between the core edges and the Stone. Newly placed Stones shall be protected until the quickcrete has entirely set. 1-8. By signing this contract, the Contractor states that any concrete or asphalt installed by the Contractor shall be warranted for a period of 1 year from the release of the retention payment, except as may be further warranted by the manufacturer. 12 Agreement No. 7172 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS FOR CONTRACTS LESS THAN $60,000 PURSUANT TO ESMC § 1-7C-4 0-1 GENERAL Except as modified by these Standard Specifications, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" ("Greenbook") and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0-2 NUMBERING OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greenbook numbering. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the Greenbook. 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. Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. Due Notice - A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer. KHB20151022 Page 1 of 36 Agreement No. 7172 Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Engineer or his designated representative. PCC — California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. Public Works Director— The City's Public Works Director, or designee. ❑ (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time of Completion." The following Subsection is added to Subsection 1-3 of the Greenbook. 1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc. WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association SSPWC Standard Specifications for Public Works Construction by the American Public Works Association ASA American Standard Association CITY City of El Segundo KHB20151022 Page 2 of 36 Agreement No. 7172 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 City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. 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. 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 KHB20151022 Page 3 of 36 Agreement No. 7172 finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor's control over the Work, cancel the contract, or assess the Contractor a penalty of not more than ten percent of the subcontract involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Engineer may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Engineer, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2-3.2 ADDITIONAL RESPONSIBILITY Add the following to Subsection 2-3.2 Additional Responsibility: The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than ten percent (10%) of the Work. The following paragraph is added to Subsection 2-4 of the Greenbook. The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in KHB20151022 Page 4 of 36 Agreement No. 7172 accordance with the guarantee required by Subsection 6-8.1. 2-5 PLANS AND SPECIFICATIONS Subsection 2-5.1 of the Greenbook is replaced by the following subsection. 2-5.1 GENERAL The Contractor will maintain the following at the Work site: One as -built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As -built plans must be submitted to the City representative for approval before the City pays a final retention amount. 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. KHB20151022 The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work involves an error, inconsistency, or obtaining written consent from the responsible for the resulting losses, costs of correcting defective work. Page 5 of 36 which it knows or should know omission without notifying and Engineer, the Contractor will be including, without limitation, the Agreement No. 7172 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS The following paragraph is added to subsection 2-5.2 of the Greenbook: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Engineer for such further explanations as may be necessary, and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. KHB20151022 Page 6 of 36 Agreement No. 7172 2-9 SURVEYING Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: r . a wmawy 2-9.3.1 CONSTRUCTION SURVEYING The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2-9.3.2 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3-3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3-3.2.2.3, Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3-3.2.3 MARKUP Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the KHB20151022 Page 7 of 36 Agreement No. 7172 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. IMINK01 - ,- Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra wont, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3-4 CHANGED CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ("changed conditions"), the KHB20151022 Page 8 of 36 Agreement No. 7172 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 time period set forth in Subsection 6-11.3, the Contractor is liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions include, without limitation, the following: 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 pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: The information is made available for the Bidders' convenience and is not a part of the Contract. 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. 3. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. � ice, � �, • Subsection 3-5 is deleted in its entirety and replaced by the following KHB20151022 Page 9 of 36 Agreement No. 7172 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. ®=1196010MI 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." KH B20151022 Page 10 of 36 Agreement No. 7172 For the City's consideration of a proposed "equal" item, the Bidder must submit, a minimum of ten (10) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item." At a minimum, the submitted documentation will include: ■ Written request with explanation of why the product should be considered as an equal product. • Material specifications. • Technical specifications. Test data. Samples. Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the Greenbook. 5-2.1 INCORRECT LOCATION OF UTILITIES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing. 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the Greenbook. 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. KHB20151022 Page 11 of 36 Agreement No. 7172 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 TIMIE Equipment idle time will calculated in accordance with Subsection 3-3.2.2 and based upon the actual normal working time during which the delay condition exists, but in no case will exceed 6 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. Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Ire -Construction Meetin After contract award, the City will arrange for a pre -construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub -contractors to attend the meeting. 6-1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) calendar days of award. 6-1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: KHB20151022 Page 12 of 36 Agreement No. 7172 1. Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6-1.3 EFFECT CE CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted,.. the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop,, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract. Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or KHB20161022 Page 13 of 36 Agreement No. 7172 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 (1 fir) calendar days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. 6-4.1 GENERAL Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City's interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The City may terminate the Contractor's control over the Work without liability for damages when, in the City's opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to the City by the Contractor's action or KHB20151022 Page 14 of 36 Agreement No. 7172 inaction. In the event of such termination of control, the City may do any one, or combination of, the following: 1. Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6-6 DELAYS AND EXTENSIONS OF TIME Subsection 6-6 is deleted in its entirety and replaced with the following subsections. 6-6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the KHB20151022 Page 15 of 36 Agreement No. 7172 6-6.2 6-6.3 6-6.4 Engineer may, but is not required to, deem an extension of time to be in the City's best interests. 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 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. 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. KHB20151022 Page 16 of 36 Agreement No. 7172 6-7.2 WORK DAYS AND WORKING HOURS 6-7.4 City Hall is open from Monday thru Friday 7am -5pm. It is closed on the following holidays: New Year's Day - Martin Luther King, Jr. Day - President's Day - Memorial Day - Independence Day - Labor Day - Veterans' Day - Thanksgiving - Christmas Eve - Christmas - New Year's Eve - Saturday, January 1, 2022 Monday, January 17, 2022 Monday, February 21, 2022 Monday, May 30, 2022 Monday, July 4, 2022 Monday, September 5, 2022 Friday, November 11, 2022 Thursday, November 24, 2022 Saturday, December 24, 2022 Sunday, December 25, 2022 Sunday, December 31, 2023 City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. If the Contractor does construction on a day when City Hall is closed, that day is counted as a project working day. 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: 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. Subsection 6-8 of the Greenbook is deleted in its entirety and replaced by the following: KHB20151022 Page 17 of 36 Agreement No. 7172 The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of 1 year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom, which will appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. • milli► , 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 CAN TIME If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be $250 per calendar day. 6-11 DI SI UTES AND CLAIMS' PROCEDURE KHB20151022 Page 18 of 36 Agreement No. 7172 6-11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. 6-11.2 FORM A Claim must include the following: A statement that it is a Claim and a request for a decision. 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: KHB20151022 a) If the Claim involves extra work, a detailed cost breakdown Page 19 of 36 Agreement No. 7172 claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. c) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within seven (7) calendar days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. 8. A personal certification from the Contractor that reads as follows: L, 5, BEING THE ��(MUST BE AN OFFICE ) OF (CONTRACTOR (CONTRACTOR NAME), DECLARE UNDER ENA TY 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 KHB20151022 Page 20 of 36 Agreement No. 7172 THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES." 6-11.3 CLAIMS SUBMITTED TO ENGINEER Within thirty (30) calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6-11.4CLAIM 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. The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than ten (10) calendar days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 30 calendar days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to 60 days. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The KHB20151022 Page 21 of 36 Agreement No. 7172 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 thirty (30) calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal." Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within thirty (30) calendar days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within thirty (30) calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within thirty (30) calendar days of the City's final decision. If the City and the Contractor agree, disputes between the parties may be submitted to non -binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ("AAA") under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. KH B20151022 Page 22 of 36 Agreement No. 7172 If the City and Contractor do not agree to mediation, then a disputes will be submitted to neutral non -binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. .: 1109111 • i 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 thirty (30) calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure ("CCP") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 7-2 LABOR The following subsections are added to Subsection 7-2 of the Green Book. KHB20151022 Page 23 of 36 Agreement No. 7172 The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the ninety (90) calendar days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or c) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or d) When the Contractor provides evidence that the Contractor employs 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, KHB20151022 Page 24 of 36 Agreement No. 7172 ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7-3 LIABILITY" INSURANCE Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-3.1 GENERAL Contractor must procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM 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: KHB20151022 Page 25 of 36 Agreement No. 7172 GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may KHB20151022 Page 26 of 36 Agreement No. 7172 be cancelled upon ten (10) calendar day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self -insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self -insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6-10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the KHB20151022 Page 27 of 36 Agreement No. 7172 Contractor. Contractor will not be allowed to work until alternate coverage is arranged. Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b). 7-3.2 INDEMNIFICATION AND DEFENSE In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or 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. KH B20151022 Page 28 of 36 Agreement No. 7172 No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: The Contractor will apply for permits required by the City. These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed. 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 dust control caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this contract, the Engineer will cause a meter to be installed. All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. KHB20151022 Page 29 of 36 Agreement No. 7172 The following requirements are added to establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor. (c) Discharge of concrete transit mixerwash water on to approved dirt areas (sub -grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties. (f) No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. The following requirements are added to Section 7-9: KHB20151022 Page 30 of 36 Agreement No. 7172 Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor's operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements. Relocations, repairs, replacements, or re -establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY The following requirement is added to Section 7-10: Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771. m r . The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five (5) feet to the edge of any excavation and two (2) feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. One four (4) foot wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two (2)) at each location, one (1) at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 of the WATCH Manual and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). KHB20151022 Page 31 of 36 Agreement No. 7172 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 cornfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7-10.5 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work KHB20151022 Page 32 of 36 Agreement No. 7172 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 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. KHB20151022 Page 33 of 36 Agreement No. 7172 Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as Lump Sum, L.S., or Job will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9-3.2 PARTIAL AND FINAL PAYMENTS The text of Subsection 9-3.2 of the Standard Specifications is 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 KHB20151022 Page 34 of 36 Agreement No. 7172 payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Engineer. The City Engineer upon field acceptance and receipt of the final as - built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than thirty-five (35) calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub -contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract. Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if 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. KHB20151022 Page 35 of 36 Agreement No. 7172 Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. 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 - KHB20151022 Page 36 of 36 Agreement No. 7172 d" TASK ORDER NO. _ Issued under AGREEMENT NO. dated Project Name: Project Number: Contractor Name: Vendor Number: Contract Number: Account Number: Date Prepared Project Description: Task Order # location: Enter contacts, description of services to be performed Time for Completion: _working days after Notice to Proceed is issued. Cost. Estimate: $ Estimate attached showing costs for all alternatives, mobilization, materials, labor, and equipment to complete task. CONSULTANT/CONTRACTOR: By: Contractor Name, Title Date CITY OF EL SEGUNDO: Approved by: Cheryl Ebert, Date Darrell veorge, UdW City Engineer (within $10,000) City Manager (if over $10,000) For Internal Use Only: Budgeted?: Yes. Amount remaining: Appropriation Transfer Needed?: No Date City Council Approved (if any): N/A Agenda Item No. (if any): N/A Comments: None.