CONTRACT 7534 Public Works ContractAgreement No. 7534
05/2025
PUBLIC WORKS AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
DOWNSTREAM SERVICES, INC.
CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENTS
PROJECT NO.: PW 26-02
This CONTRACT is entered into this 261h day of January, 2026, ("Effective Date") by and
between the City of El Segundo, a municipal corporation and general law city ("City") and
DOWNSTREAM SERVICES INC. a California Corporation ("Contractor").
1. WORK.
A. The Contractor shall perform all work required by and set forth in the Contract
Documents (the "Work") in a good and workmanlike manner for the project
identified in the Contract Documents, as attached hereto and incorporated by
reference. The Contractor agrees to perform additional work arising from
changes ordered by the City in accordance with the Contract Documents.
B. The Contractor shall furnish all ofthe labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing
and analyses; and all matters whatsoever (except as otherwise expressly
specified to be furnished by the City) needed to perform and complete the
Work and provide the services required of the Contractor by the Contract
Documents.
C, The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents. "Contract Documents" means this
Contract and the following, as applicable:
Notice Inviting Bids;
Instructions to Bidders;
Supplementary Instructions to Bidders;
0 Bid Proposal and Bid Bond;
Standard Specifications;
0 Supplementary Conditions;
Exhibits;
Insurance Requirements;
Labor and Material Payment Bond;
0 Performance Bond
• Technical Specifications;
0 List of Drawings;
0 Drawings;
0 Addenda;
0 Notice to Proceed;
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Change Orders;
Notice of Completion.
"Contract Documents" also includes all other documents identified in the
Contract Documents which together form the contract between the City and the
Contractor for the Work. The Contract Documents constitute the complete
agreement between the City and the Contractor and supersede any previous
agreements or understandings.
2. CONTRACT SUM. In consideration of the services rendered hereunder, the City shall
pay the Contractor a sum not to exceed amount of Sixty Thousand Dollars ($60,000.00)
for the Work in the manner set forth in the Contract Documents, in accordance with the
prices set forth therein. Contractor shall provide City with a monthly invoice for current
completed work. The City shall make payments within thirty-five (35) days after receipt of
the Contractor's undisputed and properly submitted invoice, including an updated schedule
of work. The City shall return to the Contractor any invoice determined not to be a proper
payment request as soon as practicable, but not later than seven (7) days after receipt and
shall explain in writing the reasons why the payment request is not proper. Contractor shall
have seven days from written notice of improper payment request to submit a revised
request satisfactory to the City. Payment for a properly revised payment request shall then
be paid by the City within a reasonable period thereafter.
3. SECURITIES AND BONDS. Within ten (10) working days of the Effective Date ofthis
Contract, the Contractor shall furnish a labor and material payment bond in an amount
equal to one hundred percent (100%) of the Contract Sum, and a faithful performance
bond in the amount equal to one hundred percent (100%) ofthe Contract Sum. Said bonds
shall be secured from a surety company admitted and authorized to do business in
California as such and satisfactory to the City. Upon filing the Notice of Completion, the
Contractor shall be required to maintain a labor and material payment bond for a period of
seven (7) months. Additionally, the faithful performance bond amount shall be reduced to
an amount equal to fifteen percent (15%) of the Contract Sum and shall remain in effect
until the end of all warranty periods set forth in the Contract Documents, or, if no
warranty period is specified, for a period of twelve (12) months after filing of the Notice
of Completion. (Note: Securities are not required if Contract Sum is less than $25,000.)
4. 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:
T e of Insurance Limits
Commercial general liability: $2,000,000 per occurrence
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Business automobile liability $1,000,000 per occurrence
Workers Compensation Statutory Requirement (only if Contractor has
employees)
*The city has the option to increase the limits as required for more complex and
major waterworks, sanitation, and road pavement projects.
B. Commercial general liability ("CGL") insurance must meet or exceed the
requirements of ISO-CGL Form No. Form CG 00 01 04 13, or equivalent,
covering CGL on an "occurrence" basis, including property damage, bodily
injury and personal & advertising injury with limits no less than $2,000,000 per
occurrence. If general aggregate limit applies, either the general aggregate limit
shall apply separately to this projectllocation (ISO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit.
C. For automobiles, the insurance must meet or exceed the requirements of
Insurance Services Office Form Number CA 0001 covering Code 1 (any auto),
or, if Contractor provides proof of a personal automobile policy, such personal
policy must include and indicate business venture coverage with limits no less
than $1,000,000 per accident for bodily injury and property damage. If
Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no
less than $1,000,000 per accident for bodily injury and property damage must be
included in coverage.
D. 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. City's additional insured status
will apply with respect to liability and defense of suits arising out of Contractor's
acts or omissions. 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, and the notice must include any necessary
endorsement to facilitate such notice to City.
E. Required Insurance Endorsement Language:
Additional Insured Endorsement with this language: "The City of El
Segundo, its elected and appointed officials, employees, and
volunteers as additional insureds."
ii. Cancellation Endorsement with this language: "The City of El
Segundo will receive thirty (30) days written notice in the event of
cancellation, nonrenewed or reduction."
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iiii. Primary and Non -Contributory Endorsement with this language:
"Coverage is primary and non-contributory such that any other
insurance that may be carried by the City will be excess thereto."
F. Contractor will furnish to City valid Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, a copy of an
Additional Insured endorsement confirming CITY has been given Additional
Insured status under the Contractor's General Liability policy, 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 with a current A.M.
Best Company Rating equivalent to at least a Rating of "A:VII."
G. 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 pursuant to Section 7.
5. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 15 working days (the
"Contract Time.")
B. The Contract Time will commence when the City issues a Notice to Proceed.
The Contract Documents will supersede any conflicting provisions included
on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the
Contract Documents; and
The City gives the Contractor a written, signed, and numbered
purchase order and Notice to Proceed.
D. By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization
to proceed, any such Work is at the Contractor's own cost and risk.
6. DELAYS AND EXTENSIONS OF TIME.
A. General. Unless otherwise agreed in writing, an adjustment to the Contract
Time by reason of a Change Order shall be agreed to at the time the Change
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Order is issued and accepted by Contractor.
B. Extensions of Time. In the event it is deemed appropriate by the City to extend
the time for completion of the Work, any such extension shall not release any
guarantee for the Work required by the Contract Documents, nor shall any such
extension of time relieve or release the Sureties on the Bonds executed. In
executing such Bonds, the Sureties shall be deemed to have expressly agrees to
any such extensions of time. The amount of time allowed by an extension of
time shall be limited to the period of the delay giving rise to the same as
determined by the City. Notwithstanding any dispute which may arise in
connection with a claim for adjustment of the Contract Time, the Contractor
shall promptly proceed with the Work.
C. Payment for Delays. Notwithstanding any other terms and conditions of the
Contract Documents, the City shall have no obligation whatsoever to increase
the Contract Sum or extend the time for delays. Unless compensation and/or
markup is agreed upon by the City, the Contractor agrees that no payment of
compensation of any kind shall be made to the Contractor for damages or
increased overhead costs caused by any delays in the progress of the Contract,
whether such delays are avoidable or unavoidable or caused by any act or
omission of the City or its agents. Any accepted delay claim shall be fully
compensated for by an extension of time to complete the performance of the
Work.
7. TERM AND TERMINATION. The Contract is effective as of the Effective Date stated
in the first paragraph of this Contract and shall remain in full force and effect until the
Contractor has fully rendered the services required by the Contract Documents or the
Contract has been otherwise terminated by the City. However, some provisions may
survive the term of the Contract, as stated in those provisions.
City may tenminate this Contract at any time, at will, for any reason or no reason, after
giving written notice to Contractor at least ten (10) calendar days before the termination is
to be effective. If City defaults under this Agreement, and if City has not cured the default
within thirty (30) calendar days after Contractor has given City notice of the event of
default. Contractor may terminate this Contract for cause after giving written notice to City
at least thirty (30) calendar days before the termination is to be effective. Contractor shall
cease all work under this Contract on or before the effective date of termination specified
in the notice of termination. Contractor shal I be paid for services satisfactorily rendered to
the last working day this Contract is in effect and Contractor shall deliver all materials,
reports, documents, notes or other written materials compiled through the last working day
this Contract is in effect. In no event shall Contractor be entitled to receive more than the
maximum compensation set forth in this Contract that would be paid to the Contractor for
the full performance of the services required by this Contract. Neither party shall have any
other claim against the other party by reason of such termination. In the event the City
terminates the Contract, Contractor shall be reimbursed for all unavoidable and
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unmitigable costs resulting from such termination, in addition to the compensation for all
work completed up until the effective date of the termination of the Contract.
8. PERMITS AND LICENSES. Before starting any construction work, the Contractor will
be required to obtain all necessary permits, licenses or certificates from the City and shall
maintain such permits, licenses and certificates required to complete the Work during the
Contract Time. Contractor shall bear all costs for fees for all agencies except for the City's
permit fees.
9. COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible
for coordinating all Work with the City's Street sweeping, trash pick-up, and street
maintenance contractors, emergency services departments, utility company crews, and
others when necessary. Payment for conforming to these requirements shall be included in
other items of Work, and no additional payment shall be made thereof.
10. EXTRA WORK. New and unforeseen work will be classified as Extra Work only when
the Work is not covered and cannot be paid for under any of the various items or
combination of items for which a Bid price appears on the Bid. The Contractor shall not do
any Extra Work except upon written order from the City Manager.
11. ASSIGNMENT. Any purported assignment without written consent of the City shall be
null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify
the City and its officers, officials, employees, agents and representatives with respect to
any claim, demand, or action arising from or relating to any unauthorized assignment.
If the city opts to consent to assignment, the City's consent shall be contingent upon: (1) a
letter from the Surety agreeing to the assignment and assigning all of the Bonds to the
assignee without any reduction, or the assignee supplying all new Bonds in the amounts
originally required under the Contract Documents; and (2) the assignee supplying all of the
required insurance in the amounts required in the Contract Documents. Until the Surety
assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the
assignee supplies all of the required insurance, an assignment otherwise consented to in
writing by the City shall not be effective. Even if the City consents to assignment, no
assignment shall relieve the Contractor from liability under the Contract.
12. INSPECTION. The Contractor shall arrange and pay for all off -site inspection of the
Work required by any ordinance or governing authorities. The Contractor shall also
arrange and pay for other inspections, including tests in connection therewith, as may be
assigned or required.
13. WORKSITE MAINTENANCE,
A. General. Clean-up shall be done as Work progresses at the end of each day and
thoroughly before weekends. The Contractor shall not allow the Work site to
become littered with trash and waste material but shall maintain the same in a
neat and orderly condition throughout the construction operation. Materials
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which need to be disposed shall not be stored at the Work site but shall be
removed by the end of each working day. If the job site is not cleaned to the
satisfaction of the City Manager, the cleaning will be done or contracted by the
City and shall be back -charged to the Contractor and deducted from the
Contract Sum.
The Contractor shall promptly remove from the vicinity of the completed
Work, all rubbish, debris, unused materials, concrete forms, construction
equipment, and temporary structures and facilities used during construction.
Final acceptance of the Work by the City will be withheld until the Contractor
has satisfactorily complies with the foregoing requirements for final clean-up
of the Work site.
B. Storage of Equipment and Materials. The Contractor shall make arrangements for
storing its equipment and materials. The Contractor shall make its own
arrangements for any necessary off -site storage or shop areas necessary for the
proper execution of the Work. Approved areas within Work site may be used
for temporary storage; however, the Contractor shall be responsible for
obtaining any necessary permits from the City. Construction materials and
equipment shall not be stored in streets, roads, or highways unless otherwise
approved by the City Manager.
C. All costs associated with the clean-up and storage required to complete the Work
shall be the sole responsibility of the Contractor.
14. WARRANTY. For purposes of the calculation of the start of the warranty period, the
Work shall be deemed completed upon the date of the Notice of Completion. If that
direction is contingent on the completion of any items remaining on a punch list, the Work
shall be deemed to be completed upon the date of the City Manager's acceptance of the
final item(s) on the punch list. The Contractor shall repair or replace defective materials
and workmanship at its own expense. Additionally, the Contractor agrees to defend,
indemnify, and hold harmless the City from claims or any kind arising from damage,
injury, or death due to such defects. The parties agree that no certificates given shall be
conclusive evidence of the faithful performance of the Contract, either in whole or in part,
and that no payment shall be construed to be in acceptance of any defective Work or
improper materials. Further, the certificate or final payment shall not terminate the
Contractor's obligations under the warranty herein.
15. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the final acceptance ofthe
Work by the City, the Contractor shall have the charge and care thereof and shall bear the
risk of injury or damage to any part of the Work by the action of the elements, criminal
acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all
injuries or damages to any portion of the Work occasioned by any cause before its
completion and acceptance and shall bear the expense thereof, except for such injuries or
damages arising from the sole negligence or willful misconduct of the City, its officers,
agents or employees. In the case of suspension of Work from any cause whatsoever, the
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Contractor shall be responsible for all materials and the protection of Work already
completed, shall properly store and protect them if necessary, and shall provide suitable
drainage and erect temporary structures where necessary. The Contractor is prohibited
from performing work with a subcontractor who is debarred pursuant to Labor Code §§
1777.1 or 1777.7.
16. DISPUTES. Disputes arising from this contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
17. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City
will promptly inform the Contractor regarding third -party claims against the Contractor,
but in no event later than 10 business days after the City receives such claims. Such
notification will be in writing and forwarded in accordance with the "Notice" section of
the Contract Documents. As more specifically detailed in the Contract Documents, the
Contractor agrees to indemnify and defend the City against any third- party claim.
18. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with
a Taxpayer Identification Number.
19. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by the Contractor under the Contract
Documents are the City's property. The Contractor may retain copies of said documents
and materials as desired, but will deliver all original materials to the City upon the City's
written notice.
20. INDEMNIFICATION. To the maximum extent permitted by law, the Contractor
hereby agrees at its sole cost and expense, to defend, protect, indemnify, and hold
harmless the City, its elected and appointed officials, officers, employees, volunteers,
attorneys, agents (including those City agents serving as independent contractors in the
role of City representative), successors, and assignees (collectively "Indemnitees") from
and against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, charges, obligations, damages, causes of action,
proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties,
liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising
out of, incident to, related to, in connection with or resulting from any act, failure to act,
error or omission of the Contractor or any of its officers, agents, attorneys, employees,
subcontractors, material supplies or any of their officers, agents or employees and/or
arising out of, incident to, related to, in connection with or resulting from any term,
provision, image, plan, covenant, or condition in the Contract Documents, including,
without limitation, the payment of all consequential damages, attorneys' fees, experts'
fees, and other related costs and expenses (individually a "Claim", or collectively,
"Claims"). The Contractor shall promptly pay and satisfy any judgment, award or decree
that may be rendered against any of the Indemnitees as to any such Claim. The Contractor
shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. The
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the Contractor or Indemnitees. This indemnity shall apply to all claims
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regardless of whether any insurance policies are applicable or whether the Claim was
caused in part or contributed to by an Indemnitee.
Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may
possess against the Contractor because the acceptance by the City or the deposit with the
city of any insurance policy or certificate required pursuant to these Contract Documents.
This indemnity provision is effective regardless of any prior, concurrent, or subsequent
active or passive negligence by Indemnitees and shall operate to fully indemnify
Indemnitees against any such negligence.
Waiver of Right of Subrogation. The Contractor, on behalf of itself and all parties
claiming under or through it, hereby waives all rights of subrogation and contribution
against the Indemnitees, while acting within the scope of their duties, from all Claims
arising out of or incident to the activities or operations performed by or on behalf of the
Contractor regardless of any prior, concurrent or subsequent active or passive negligence
by Indemnitees.
Survival. The provisions of this Section 20 shall survive the term and termination of the
Contract, are intended to be as broad and inclusive as is permitted by the law of the State,
and are in addition to any other rights or remedies that Indemnitees may have under the
law. Payment is not required as a condition precedent to an Indemnitee's right to recover
under this indemnity provision, and an entry of judgment against the Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
21. NONDISCRIMINATORY EMPLOYMENT. The Contractor shall not unlawfully
discriminate against any individual based on race, religion, creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender identity, gender expression, age, sexual orientation, or military
and veteran status. The Contractor understands and agrees that it is bound by and will
comply with the nondiscrimination mandates of all statutes and local ordinances and
regulations.
22. PREVAILING WAGES. In accordance with Labor Code § 1770 et seq., the Project is a
"public work" to which prevailing wages apply. The Contractor and any Subcontractors
shall pay wages in accordance with the determination of the Director ofthe Department of
Industrial Relations ("DIR") regarding the prevailing wage rate of per diem wages. The
Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem
wages at each job site. The project is subject to compliance monitoring and enforcement
by the DIR.
23.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and the
manner in which it is performed. The Contractor will be free to contract for similar service
to be performed for other employers while under contract with the City. The Contractor is
not an agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits the City provides for its employees. Any provision in
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this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
24. CONFLICTS OF INTEREST. Contractor and its employees, associates and
subcontractors, if any, shall comply with all California conflict of interest statutes
applicable to Contractor's Work under this Contract, including, but not limited to the
Political Reform Act (Gov. Code § 81000 et seq.) and Government Code § 1090.
25. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the same
and to make transcript therefrom, and to inspect all program data, documents, proceedings
and activities. The Contractor will retain such financial and program service records for at
least three years after termination or final payment under the Contract Documents.
26. NON -WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of
any one or more of the conditions of performance under the Contract Documents shall not
be a waiver of any other condition of performance under the Contract Documents. In no
event shall the making by the City of any payment to the Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default that may then
exist on the part of the Contractor, and the making of any such payment by the City shall
in no way impair or prejudice any right or remedy available to the City with regard to such
breach or default.
27. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
To Contractor:
Attn: Rebecca Raedel
Downstream Services, Inc.
2855 Progress Place
Escondido, CA 92029
Phone: 760-746-2544
Email: rebeccar@downstreamservices.com
To City:
Attn: Arianne Bola
City of El Segundo -Public Works
350 Main St.
El Segundo, CA 90245
Phone: 310-524-2364
Email: abola@elsegundo.org
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage prepaid
and properly addressed as noted above. In all other instances, notices will be deemed
given at the time of actual delivery. Changes may be made in the names or addresses of
persons to whom notices are to be given by giving notice in the manner prescribed in this
paragraph.
28. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any other
party. There will be no incidental or other beneficiaries of any of the Contractor's or the
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City's obligations under this Contract.
29. INTERPRETATION. This Contract was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
Contract will be in Los Angeles County.
30. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as determined in the
Standard Specifications.
31. SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will
continue in full force and effect.
32. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract
and to engage in the actions described herein. This Contract may be modified by written
amendment. The City's city manager, or designee, may execute any such amendment on
the City's behalf.
33. ENTIRE AGREEMENT. This Contract, including the Contract Documents and any
other documents incorporated herein by specific reference, represents the entire and
integrated agreement between City and Contractor. This Contract supersedes all prior oral
or written negotiations, representations or agreements. This Contract may not be modified
or amended, not any provisions or breach waived, except in a writing signed by both
parties that expressly refers to this Contract.
34. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. This Contract 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 Contract, agreements ancillary to this Contract, and
related documents to be entered into in connection with this Contract will be considered
signed when the signature of a party is delivered by electronic transmission. Such
electronic signature will be treated in all respects as having the same effect as an original
signature. Contractor warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind Contractor
accordingly.
35. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing
such covenants and conditions had been used in each separate paragraph.
36. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
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reference only and will not affect the interpretation of this Contract,
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of.the
Contract Documents.
[Signatures on following page.]
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IN WITNESS WHEREOF the parties hereto have executed this Contract the day and
year first hereinabove written.
CITY OF EL SEGUNDO
Darrell George,
City Manager
ATTEST:
Susan uax,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
David King, Assistan ty Attorney
DOWNSTREAM SERVICES,
Narn • Lor n ynne
Title: Presider t
Taxpayer ID No.
80-001153 4
Contractor State License No.
807953
4IEO
Contractor City Business License No.
37452
Insurance Reviewed by:
Sharon "rennin„ Risk Manager
Contractor's License #807953
DIR Registration #1000004632
r ,C , � �;
Agreement No.
�rm
Certified SB-PW #30938
2855 Progress Place, Escondido, CA 9202929
Office: (760) 746-2544 1 Fax: (760) 746-2667
Rebecca Raedel 1 (760) 270-5300
kebeccaR@do'wnstrrarrv, ir. gffpT
To:
City of El Segundo
Date:
1/21/2026
Attn:
Arianne Bola
Project Name:
Storm Drain Trash Capture
Address:
350 Main Street
Project Location:
Various Locations, El Segundo, CA
El Segundo, CA 90245
Email:
ABolaPelsegundoor
ITEM
DESCRIPTION
QTY UNIT UNIT PRICE
ITEM TOTAL
1
Measurements
20.0
EA
$ 305.00
$ 6,100.00
2
Cleaning Prior to Installation
20.0
EA
$ 182.00
$ 3,640.00
3
Procurement and Installation
20.0
EA
$ 1,809.00
$ 36,180.00
4
Traffic Control
1.0
LS
$ 5,042.00
$ 5,042.00
Scope: Estimated 2 days to measure 20 storm drains to confirm CPS validity. Estimated (1) day
for 2-man crew with a vacuum truck to clean storm drains prior to installation. Estimated 4 days
for installation of CPS devices in approved storm drains.
Please Note: This proposal is provided for rough estimating purposes only. If formal pricing is
requested, we will provide accurate pricing based on finalized scope and site conditions.
TOTAL ESTIMATED COST $
TERMS AND CONDITIONS:
1) Progress and final payments are to be made to Downstream Services, Inc. per the California Business and Professions Code §7108.5, Public Contract Codes
§§10261.5, 10262, 10853, and Civil Codes §8800, 8810-8822. For federal projects, 31 U.S. Code Chapter 39: Prompt Payment applies.
2) Payment terms are Net 30-45 days, with a service charge of 10-24% per annum applied to all past due accounts, as specified by the applicable code above.
3) Insurance coverage includes a blanket additional insured endorsement. Owner to carry general liability, workers' compensation and other necessary insurance.
4) Contract bond premium is not included in the unit prices and can be supplied, if requested, at the additional cost of 1.5% of the contract amount.
INCLUSIONS:
1) Disposal of non -hazardous materials.
2) Permits, licenses, and project bonds.
3) Confined Space Entries.
4) Traffic control.
5) Mobilization and travel of crew and equipment.
EXCLUSIONS:
1) City, state or federal fees or permits.
2) Pre and post -CCTV inspections.
3) Heavy cleaning, mechanical cleaning, specialty cleaning nozzles, concrete/rock/root removal, and hard formation/protrusion removal.
4) Heavy traffic control.
Proposal Acceptance: I have read, understand, and agree that this proposal, including its terms, conditions, inclusions, and exclusions, will be incorporated into any subsequent agreement or
contract. I authorize Downstream Services, Inc. to proceed with the work as specified in this proposal. Any changes or requests for additional work will only be executed upon written
authorization and will result in an extra charge beyond the original estimate. All agreements are subject to delays caused by strikes, accidents, or other circumstances beyond our control. Should
a lawsuit be necessary to enforce payment the client agrees to pay reasonable attorney fees, collection costs, legal interest and court costs. I agree to notify Downstream Services, Inc. in
writing of any disputes within 7 days from the date the invoice was submitted, otherwise, such disputes will be considered waived.
Signature
Name (Type or Print)
Title
Date
Page 1 of 1
CONFIDENTIALITY NOTICE: Any use of the contents of this electronic transmisObp bo Fnht e®amdber9hanYh®telerTfMheEipbrdes strictly prohibited.
Agreement No. 7534
FAITHFUL PERFORMANCE BOND
CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENTS
PROJECT NO.: PW #26-02
Bond No. 30266791
Bond Fee: $720.00
Subject to adjustment based on final contract price
Downstream Service I.nc, ("PRINCIPAL")
and Western Surety Company a corporation
incorporated under the laws of the State of South Dakota 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 SIXTY THOUSAND
DOLLARS 60,000.00), lawful money of the United States, which may be increased or
decreased by a rider hereto executed in the same manner as this bond, for the payment of which
sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and
severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 26-02, and the
Public Works contract executed with such Specifications. In the case of any default in the
performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL
or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages,
reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 26-02, a copy of which is on file with CITY's Engineering
Division ("Public Project"). Such performance will be in accordance with CITY's plans and
profiles (CITY DRAWING FILE NO. PW 26-02) which are made a part of this bond when
said plans and profiles are approved by the City Council and filed with CITY's Engineering
Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY. Should PRINCIPAL fail to correct its work against any
I-E-1
Agreement No. 7534
defective work, labor, or materials, 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.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 26-02 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 one (1) year following the acceptance of the performance
by CITY; otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I-E-2
Agreement No. 7534
SIGNED AND SEALED this 30th day of Januar
,yv�WL«''V«WI/t11NOq«
Con e' S ices, Inc. Western S
P 1 PRES1DE9 '
w
P N l I,'s SECRETARY
" .
I""^*� FO � .
PRINCIPAL's MAILING ADDRESS:
2855 Progress Place
Escondido, CA 92029
20 26
SURE YA 's RPE-gDENT Attorney -in -Fact
U ce F. McMahon
S1 ET" "s SEER-ET=A*V Witness
Maria Guise
SURETY's MAILING ADDRESS:
2 Park Plaza, Suite 400
Irvine, CA 92614
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
I-F-3
Agreement No. 7534
ACKNOWLEDGMENT
A nota ublic or other officer completing
ry p 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
validi_ ty' gf hat document.
State of California
County of San Diego
On d. 6 ruCr- 2OV6 before me, M11 aureen McLaughlin, Notary Public
(insert name and title of the officer)
personally appeared aoru. V 1, YN a f-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. nuueEENMtl=uN
Notary ►ublic - California
San Diego County '
Commission M 2507594
Miy Comrn. Expires Dec 21, 2028
Signature
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
...... he individual who signed
notary p certificatep g y ccuracy or val6ty of that document.
Ltheoumen�l�to whichthis completing
and not the truthfulness, l a identity o t
STATE OF CALIFORNIA
County of San Die o
2026 before me, ore R. Notary Public,
On ..�..........J...AN 3 ®"��,,, John FL...........�_s....................A.
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared " "......... Lawrence F. McMahon
....
Name(s) of Signer(s)
JOHN FLORES JR.g
0 . � COMM. # 2476426
NOTARY PUBLIC - CALIFORI
SACRAMENTO COUNTY 0
+ COMM. EXPIRES DEC.14, 2027"
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
certify under PENALTY OF PERJURE" under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature .-mm
Place Notary Seal Above Signature f Nptary P H.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ..
❑ Individual
❑ Corporate Off icer—Title(s):—
❑ Partner ❑ Limited ❑ General
9 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Agreement No. 7534
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its
principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Lawrence F Mc Mahon, Sarah Myers, Maria Guise, Litia De Loera, Christopher J Conte, Tara Bacon, Individually
of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings
and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,
pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly
adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on
this 8th day of August, 2025,
WESTERN SURETY COMPANY
�� Larry Kasten, Vice President
State of South Dakota
ss
County of Minnehaha
On this 8th day of August, 2025, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City
of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows
the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
}4444444444444944444bb444}
My commission expires r,E1TM11 f
March 2 2026 - sor�TH DAKOTA s
}44bbb44444bb4464b44444b }
• M. Bent, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and
further certify that the By -Laws and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my
name and affixed the seal of the said corporation this 30th day of January 2026
WESTERN SURETY COMPANY
`
tV, s E
.
Paula Kolsrud, Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company.
Section 7. 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, and 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 printed by facsimile.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western
Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following
Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27' day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and
confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company."
Go to rowww.cnasuretw.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Fonn F4280S2023
Agreement No. 7534
N° 3472
STATE OF CAI.IFOR!"
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
THs Is ago CEaawx. That, pursuant to the Insurance Code of the State of California,
WESTERN SURETY COMPANY
Of SIOUX FALLS, SOUTH DAKOTA , organized under the
laws of SOUTH DAKOTA , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate, the following classes of insurance:
SURETY and LIABILITY
as such classes are now or may hereafter be defined in the Insurance Laws of the State of Cd#ornia.
Tins CxmnFicATz is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as long as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
IN Wnw= Wwmolr, effective as of the-21ST ---day
of_ MARCH , 1915, I have hereunto set
my hand and caused my oftcfud seal to be affixed this-21ST—
day of MARCH ,1975
Fee WESLEY J. KINDER
t..imm. Ceemrrd01M
Rec.No. M"`�
Ft7ed By �✓' ua
NOTICE:
Qualification will: the Seerotaxy of S .te rnntust be scooanplbhed as required by the, Cam CoMmikins Code
proonptly after ivivauca of this CertlAcato of Authority. 'Failure to do m will be a rrlolation of his. Bode Sec. 701
and will he grounds for rvalri g this Certificate of Authority pursuant to the covenants made in the application
therefor and ilia conditions contained hereln.
F—w CS•b i. a- Y rn. = our 4Do.r
Agreement No. 7534
LABOR AND MATERIALS BOND
CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENTS
PROJECT NO.: PW #26-02
Bond No. 30266791
Bond Fee: Included in Performance Bond
DownstreamServices, Inc. _...._ as principal
("PRINCIPAL") and Western Surety Company a
corporation
incorporated under the laws of the State of South Dakota 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 SIXTY
I FIOLISAND DOLLA "� 60 0�0), lawful money of the United States, which may be
increased or decreased by a rider hereto executed in the same manner as this bond, for the
payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and
assigns, jointly and severally, by this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in SPECIFICATIONS NO. PW
26-02 ("Public Project"), the Public Works contract executed for such Public Project, and for all
work or labor of any kind performed for the Public Project. In the case of any default in the
performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL
or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages,
reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 26-02, and the Public Works contract executed for such
Specifications, copies of which is on file with CITY's Engineering Division ("Public Project").
Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING
FILE NO. PW 26-02), which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
thereon.
I-F-1
Agreement No. 7534
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code (" ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 26-02, or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I-F-2
Agreement No. 7534
this 30th day of
, Inc.
Lis PRESIDENT
s SECRETAR:
PRINCIPAL's MAILING ADDRESS:
2855 Progress Place
Escondido, CA 92029
January 2026
Western Sur Company
's PR$SF➢ 44-TAttomey-in-Fact
F. McMahon
SURER"Y's` rE A' 9;PAR Witness
Maria Guise
SURETY's MAILING ADDRESS:
2 Park Plaza, Suite 400
Irvine, CA 92614
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
I-E-3
Agreement No. 7534
ACKNOWLEDGMENT
A . notary public or other off
....._
icer 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
y�al idjt of that document.
State of California
County of San Diego
On Fci� ZoZ(, before me, Maureen McLaughlin, Notary Public
(insert name and title of the officer)
personally appeared bocce " r" n
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
wi.uREENMa.uci+uN
WITNESS my hand and official seal.
Notary Puhlic - Calilwnia
/
t San Diego County
�*re�rr^r►Cwr mM a 2507594
r�yCyim ri. E>tpires Dec 21, 2028
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
ry..p _certificateofficermlS g ...ificate ....... y the identity mMoff the individual who signed
t document.
the document, lito whicc or h this l slattached and not the truthfulness, accuracy acourac or validity of
STATE OF CALIFORNIA
Count of y San Diego
On Notary Public,
�� Date ��� before me, Insert Name of Notary exactly it J ears on the official ypp cial seal
personally appeared _ Lawrence F. McMahon
a
Name(s) of Signer(s)
V. J 0 H N FL0RES" JR.
U ,y 7 ``" COMM. # 2476426
( w NOTARY PUBLIC - CALIFORNIA
SACRAMENTO COUNTY n
5 COMM. EXPIRES DEC.14, 2027-4
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s)„ or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signatul _. .,
Place Notary Seal Above Signatur of Notary Pub uc
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal ana reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
[� Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Agreement No. 7534
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its
principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue ofthe signature and seal herein affixed hereby make, constitute and appoint
Lawrence F Mc Mahon, Sarah Myers, Maria Guise, Lilia De Loera, Christopher J Conte, Tara Bacon, Individually
of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings
and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,
pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly
adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on
this 8th day of August, 2025.
.,..c�� WESTERN SURETY COMPANY
.w .....
nM Larry Kasten, Vice President
State of South Dakota l
I �;s
County of Minnehaha
On this 8th day of August, 2025, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City
of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows
the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
+4NNNNNN4NNNNN4b44b44444N+
My commission expires M. BENT
✓ NOTARY PUBLIC g r
March 2, 2026 0 OUTN DAKOTA P
+N44N44N4N44bb4444444b44 +
M. Bent, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and
further certify that the By -Laws and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my
name and affixed the seal of the said corporation this 30th day of ,January 2026
F�NdMRa
tt� i
" WESTERN SURETY,� CO.�MPANY
Paula Kolsrud, Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company.
Section 7. 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, and 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 printed by facsimile.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Westem
Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following
Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27 s day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and
confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company."
Go to reww.cnasurotv.rom > Owner I Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Form F4280-6-2023
Agreement No. 7534
N° 3472
STATE OF CAIMORNU
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
THIS Is To CEtwY, That, pursuant to the Insurance Code of the State of California,
WESTERN SURETY CORPANY
of SIOUX FALLS, SOUTH DAKOTA , organized under the
laws of SOUTH DAKOTA , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transad within this State,
subject to all provisions of this Certificate. the following classes of insurance:
SURETY and LIABILITY
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
Tins CEnmFicATz is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of anys of the applicable laws and lawful requirements
made under authority of the laws of the State of California as long as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
MIA
IN WrnNam WFumwp, effective as of the-21ST ---day
of MARCH .1 191-1-, I have hereunto set
my hand and caused my o&W seal to be a&ed this-2 ST
day o f MARCH 1915
5 _
Fee SlnnaJ. KINDER
nes
Rec. No.
Filed By
NOTICE.
Qualification wills the Secretary of State Must be aocomplisbed as nquirmid by tba CaliforniaCorporation Code
iaroanptly after issuance of this tote of Authority. Failure to do so will be a violation of ins.. Cade Sec. 701
timid will be grotaei,ds for revoldng this C rtiSaste of Authority pursuant to the covenants made in the application
therefor and the conditions contained hemin.
F-64 ce•a mn•rr r•n se sup m o,r
Agreement No. 7534
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS FOR CONTRACTS
LESS THAN $220,000 PURSUANT TO ESMC § 1-7C-4
PART 1
GENERAL PROVISIONS
SECTION 1 - GENERAL
0-0 STANDARD SPECIFICATIONS
0-1 GENERAL
Except as modified by these Supplemental Provisions, the provisions of the
latest edition of the "Standard Specifications for Public Works Construction"
("Greenbook") and its supplements prepared and promulgated by Public Works
Standards, Inc. Public Works, 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 TERMS AND DEFINITIONS
Add or delete the following to Subsection 1-2 of the Greenbook.
Acceptance — In the context of "acceptance" of the work, the date on which
the City Council accepts the Work as complete.
City - City of El Segundo
City Council - The body constituting the awarding authority of the City.
Compensable Delay - a delay entitling the Contractor to an adjustment of the
Contract Sum and an adjustment of the Contract Time in accordance with this
Agreement.
Due Notice - A written notification, given in due time, of a proposed action
where such notification is required by the contract to be given a specified
interval of time (usually 48 hours or two working days) before the
commencement of the contemplated action. Notification may be from Engineer
to Contractor or from Contractor to Engineer.
Page 1 of 39
Agreement No. 7534
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.
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.
State Standard Specifications - State of California Standard Specifications,
latest edition and supplements, California State Transportation Agency,
Department of Transportation (Caltrans)
Working Days - A working day is defined as any day, except Saturdays,
Sundays, legal holidays and days when work is suspended by the Engineer
(non -working), as provided in Subsection 6-3 TIME OF COMPLETION.
1-3 ABBREVIATIONS
Add the following to Subsection 1-3 of the Greenbook.
1-3.1 Common Usage
Public Works Public Works
NTP Notice to Proceed
WATCH Work Area Traffic Control Handbook
SSPWC Standard Specifications for Public Works Construction by Public
Works Standards, Inc.
CITY City of El Segundo
1-3.2 Institutions
AAN
American Association of Nurserymen
AGC
Associated General Contractors of America
AISC
American Institute of Steel Construction
APWA
American Public Works Association
ASA
American Standard Association
ASME
American Society of Mechanical Engineers
IEEE
Institute of Electric and Electronic Engineers
NEC
National Electric Code
PCC
California Public Contract Code
Page 2 of 39
Agreement No. 7534
1-6 BIDDING AND SUBMISSION OF THE BID
Subsection 1-6 Bidding and Submission of the Bid of Greenbook is deleted in
its entirety and replaced with the following subsection.
1-6.1 General
Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the
name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the
construction of the work or improvement, or a subcontractor licensed by the
State of California who, under subcontract to the prime contractor, specifically
fabricates and installs a portion of the work or improvement according to
detailed drawings contained in the plans and specifications, in an amount in
excess of one-half of one percent of the prime contractor's total bid. Only one
subcontractor will be listed for each portion of the work, which portion will be
defined in the bid. In each instance, the nature and extent of the work to be
sublet will be described. The failure of the Contractor to specify a subcontractor,
or the listing of more than one subcontractor for the same portion of the work,
constitutes an agreement by the Contractor that it is fully qualified to perform
that portion itself and that it will perform that portion itself.
The Contractor must have the City Council's written consent to substitute a
subcontractor other than that designated in the original bid, to permit any
subcontract to be assigned or transferred, or to allow a subcontract to be
performed by other than the original subcontractor.
Subcontracting of work for which no subcontractor was designated in the
original bid, and which is more than one-half of one percent of the work, will be
allowed only in cases of public emergency or necessity, and then only after a
finding reduced to writing as a public record of the City Council setting forth the
facts constituting the emergency or necessity.
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
Page 3 of 39
Agreement No. 7534
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.
1-6.3 Additional Responsibility
Add the following to Subsection 1-6.2 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.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.2 Contract Bonds
Delete Paragraph four (4) of the Subsection and insert:
The "Performance Bond" shall be for 100% of the Contract Price to guaranty
faithful performance of all work, within the time prescribed, in a manner
satisfactory to the City, and that all materials and workmanship will be free from
original or developed defects. The Faithful Performance Bond and the Labor
and Materials Bond must be paid and in effect for one year after the acceptance
of the job by the City in accordance with the guarantee required by Subsection
3-13.1.
SECTION 2 — SCOPE OF THE WORK
2.1 WORK TO BE DONE
Add following subsections:
2-1.1 Access to Project Site
Not later than the date designated in the City's Notice to Proceed (NTP), the
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Agreement No. 7534
City will provide access to the real property and facilities upon which the Work
is to be performed, in accordance to 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 for other work.
2-2 PERMITS
Add the following paragraph to Subsection 2-2:
The Contractor will apply for permits required by the City. These permits will be
issued on a "no -fee" basis.
The Contractor must pay for and obtain all other permits from other
governmental and utility agencies necessitated by their operations.
All bonding fees, permit, inspection permit fees or other fees, such as, but
limited to, overweight and oversized vehicle permit fees, charges and/or
required for the completion of the Contract Work must be paid by the
Contractor. These costs shall 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.
2-3 RIGHT-OF-WAY
Add the following subsection to Subsection 2-3:
2-3.1 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 areas
or facilities have been left in a condition satisfactory to the owner(s) of said
work areas or facilities before acceptance of the work.
2-9 CHANGED CONDITIONS.
Delete Subsection 2-9 and replace with the following:
If the Contractor encounters concealed or unknown conditions that differ
materially from those anticipated or expected ("changed conditions"), the
Contractor will immediately notify the Engineer in writing of such changed
conditions (upon discovery and before disturbing such changed conditions), as
provided in Subsection 6-11 of these Supplemental Provisions, so that the
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Agreement No. 7534
Engineer can determine if such conditions require design details that differ from
those design details shown in the Contract Documents. Notwithstanding the
time period (thirty (30) days) set forth in Subsection 6-11.3, Claims Submitted
to Engineer, the Contractor is liable to the City for any extra costs incurred as
a result of the Contractor's failure to promptly give such notice.
Changed conditions include, without limitation, the following:
Subsurface or latent physical conditions differing materially from those
represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature differing materially
from those ordinarily encountered and generally recognized as inherent
in work of the character being performed; and
3. Material differing from what is represented in the Contract which the
Contractor believes may be hazardous waste as defined in California
Health & Safety Code §25117 that is required to be removed to a Class
I, II, or III disposal site in accordance with applicable law(s).
The Engineer will promptly investigate conditions that appear to be changed
conditions and render a decision promptly. The Engineer's decision, and any
dispute regarding that decision, will be made in accordance with Section 6-11,
DISPUTES AND CLAIMS; PROCEDURE (of these Supplemental Provisions).
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.
2-10 DISPUTED WORK
Delete Subsection 2-10 and replace with the following:
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Agreement No. 7534
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
Supplemental Provisions. 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 Document.
SECTION 3 — CONTROL OF THE WORK
3-7 CONTRACT DOCUMENTS
Delete Subsection 3-7.1 and replace with the following: subsection.
3-7.1 General
The Contractor will maintain the following at the Work site:
Maintain one (1) as -built copy of the Project Plans and Specifications, in
good order, complete and current with, clearly defined markings, to
record all approved changes and selections made during construction.
The 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. Copy of approved change
documents (RFI, submittal, designer supplemental instructions and
approved change orders, this is a partial listing of actual change
documents, titles may vary from Project to Project).
4. All approved permits, including those issued by other agencies. Cal -
OSHA permits for trench shoring shall be available for review on site,
when requested.
5. All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the
Work. The Contract Documents are intended to be complementary and
cooperative and to describe and provide for a complete project. Anything
in the Specifications and not on the Plans, or on the Plans and not in the
Specifications, will be as though shown or mentioned in both.
Payment for any items on the plans for which there is no specific bid
item will be included in the various items of work or in any item to which
it is appurtenant.
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Agreement No. 7534
If the Contractor performs any work
involves an error, inconsistency, o
3-7.2 Precedence of Contract Documents
r
The following paragraph is added to subsection 3-7.2 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.
3-7.3 Accuracy of Plans and Specifications
Add the following subsection:
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 is responsible for contacting
811 — Dig Alert prior to the commencement of the Contract Work and
maintaining the status of the notice.
The Contractor will carefully study and compare each of the Contract
Documents with the others and with information furnished by the City and will
promptly report in writing to the Engineer any errors, inconsistencies, or
omissions in the Contract Documents or inconsistencies with applicable law
observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor
before commencing the Work. Errors, inconsistencies, or omissions discovered
at any time will be promptly reported in writing to the Engineer.
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Agreement No. 7534
3-10 SURVEYING
Add the following Subsection 3-10.3, Survey Service:
3-10.3 Survey Service
3-10.3.1 Construction Surveying
The Contractor will provide for all construction surveys required to layout,
monitor and complete the work. The surveys shall be performed by a Land
Surveyor or Civil Engineer authorized to practice land surveying by the State
of California.
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.
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 shall be responsible for resetting them and to file appropriate
documents with the County of Los Angeles, at the direction of the Engineer.
3-10.3.2 Measurement and Payment
Construction Survey — Unless a separate bid item is provided, payment shall
be considered to be included in the other items of the bid and no additional
payment will be made therefore.
3-12 WORK SITE MAINTENANCE
Delete Subsection 3-12.1, General and replace with the following:
3-12.1 Cleanup and Dust Control
3-12.1.1 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.
Page 9 of 39
Agreement No. 7534
3-12.1.2 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.
Payment for the costs of water to be used shall be included in the cost of
various associated bid items.
3-12.6 Water Pollution Control
The following requirements are added to establish storm water and urban runoff
pollution prevention controls.
(a) Storm or construction generated water containing sediment such as,
construction waste, soil, slurry from concrete/asphalt concrete saw
cutting operations, clean up of concrete transit mixers or other pollutants
from construction sites and parking areas will be retained or controlled
on site and will not be permitted to enter the storm drain system.
(b) Temporary sediment filtering systems such as sandbags, silt fences, or
gravel berms will be utilized to trap sediment so that only filtered water
enters the City's storm drain system. Proper clean up and disposal of
settled sediment and the filtering system will be the responsibility of the
Contractor.
(c) Discharge of concrete transit mixer wash water on to approved dirt areas
(sub -grade area designated for new concrete construction for example)
is acceptable. Discharge on to private property, parkway areas, or the
street is not permitted.
(d) Plastic or other impervious covering will be installed where appropriate
to prevent erosion of an otherwise unprotected area, along with any
other runoff control devices deemed appropriate by the City.
(e) Excavated soil stored on the site will be covered in a manner that
minimizes the amount of sediments running into the storm drain system,
street or adjoining properties.
Page 10 of 39
Agreement No. 7534
(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.
(g) 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.
3-12.7 Protection and Restoration of Existing Improvements
The following requirements are added to Section 3-12:
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.
Payment shall be included in corresponding Bid Items.
3-12.7 Public Convenience and Safety
Insert the following Subsection to Section 3-12:
Unless otherwise specified all traffic control will be performed in accordance
with the Work Area Traffic Control Handbook (WATCH) Latest Edition,
published by BNi Building News, 990 Park Center Drive, Suite E, Vista, CA
(760) 734-1113/www.bnibooks.com.
3-12.8.1 Traffic and Access
The Contractor will notify the occupants of all affected properties at least 48
hours before any temporary obstruction of access. Vehicular access to property
line will be maintained except as required for construction for a reasonable
period of time. No overnight closure of any driveway will be allowed except as
permitted by the Engineer.
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Agreement No. 7534
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).
3-12.8.2 Street Closures, Detours, Barricades
Street closures will not be allowed except as specifically permitted by the
Engineer.
The Contractor will prepare any traffic control or detour plans that may be
required as directed by the Engineer. Lane transitions will not be sharper than
a taper of thirty (30) to one (1).
Temporary traffic channelization will be accomplished with barricades or
delineators. Temporary striping will not be allowed unless specifically permitted
by the Engineer. The Contractor will prepare any plans that may be required
for temporary striping to the satisfaction of the Engineer. In no event will
temporary striping be allowed on finish pavement surfaces, which are to
remain.
Where access to driveway or street crossings need to be maintained, minimum
1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating
will have temporary asphalt concrete 1:12 minimum sloped ramps to assist
vehicles to cross comfortably over the plates and have a non-skid surface.
Plates subject to vehicle high traffic speeds and in residential areas will be
secured by welding at the discretion of the Engineer.
3-12.8.3 Protection of the Public
It is part of the service required of the Contractor to make whatever provisions
Page 12 of 39
Agreement No. 7534
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, loss of life, or
damage to person and property, due directly or indirectly to prosecution of work
under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against which
the Contractor has not taken sufficient precaution for the public safety,
protection of utilities and protection of adjacent structures or property, which
may be damaged by the Contractor's operations and when, in the opinion of
the Engineer, immediate action will be considered necessary in order to protect
the public or property due to the Contractor's operations under this contract,
the Engineer will order the Contractor to provide a remedy for the unsafe
condition. If the Contractor fails to act on the situation immediately, the
Engineer may provide suitable protection to said interests by causing such work
to be done and material to be furnished as, in the opinion of the Engineer, may
seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and
expense of such repairs as are deemed necessary, will be borne by the
Contractor. All expenses incurred by the City for emergency repairs will be
deducted from the progress payments and the final payment due to the
Contractor. Such remedial measures by the City will not relieve the Contractor
from full responsibility for public safety.
3-13 COMPLETION AND ACCEPTANCE
Delete Subsection 3-13 of the Greenbook is deleted in its entirety and replace
with the following:
The Work will be inspected by the Engineer for acceptance upon the Engineer
receiving the Contractor's written assertion that the Work is complete.
If, in the Engineer's judgment, the Work is complete and is ready for
acceptance, the Engineer will accept the Work on behalf of the City in the
manner prescribed by the City. The Engineer will recommend approval of the
Notice of Completion to the City Council. This will be the date when the
Contractor is relieved from responsibility to protect the Work.
All work will be guaranteed by the Contractor against defective workmanship
and materials furnished by the Contractor for a period of 1 year from the date
the Work was completed. The Contractor will replace or repair any such
Page 13 of 39
Agreement No. 7534
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.
3-13.1 _General Guaranty
The Contractor will remedy any defects in the work and pay for any damage to
other nearby improvements 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.
SECTION 4 — CONTROL OF MATERIALS
4-3 INSPECTION
Delete Subsection 4-3 and replace with the following:
4-3.1 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.
Page 14 of 39
Agreement No. 7534
4-6 TRADE NAMES
Delete Subsection 4-6 and replace with the following:
4-6.1 Trade Names or Equals
Whenever any material, product, equipment, or service is specified by brand,
trade, or proprietary name, the item so specified will be deemed to be followed
by the words "or equal".
For the City's consideration of a proposed "equal" item, the Bidder must submit,
a minimum of ten (10) calendar days before the date of the bid opening,
documentation of the particulars of the proposed "equal item". At a minimum,
the submitted documentation will include:
Written request with explanation of why the product should be
considered as an equal product.
Material specifications.
• Technical specifications.
■ Test data.
Samples.
Comparison chart of key specifications of the "equal" item against similar
specifications of the specified item.
Work locations and reference telephone numbers of at least three (3)
locations 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.
Page 15 of 39
Agreement No. 7534
SECTION 5 — LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
Add the following subsections:
5-3.2 Prevailing Wages
The Contractor will post at appropriate conspicuous points at the site of the
Project the prevailing wage determinations for the Project based on the Bid
Dates from the Director of the Department of Industrial Relations (DIR) of the
prevailing rate of per diem wages.
The Contractor shall obtain copies of the prevailing rate of per diem wages 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.
5-3.5 Apprentices
Add the following to the Subsection:
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.
Page 16 of 39
Agreement No. 7534
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if the Contractor employs registered
apprentices or journeymen in any apprenticeable trade on such contracts and
if other contractors on the Public Works site are making such contributions.
The Contractor and any subcontractor will comply with Labor Code §§ 1777.5
and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California, or
from the Division of Apprenticeship Standards and its branch offices.
5-3.3 Record of Wages Paid: Audit
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 during normal construction hours for audit or inspection by the City
Department or Representative that awarded 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.
5-4 INSURANCE
Delete Subsection and insert the following:
5-4.1 General
Liability policies will contain or be endorsed to contain the provisions specified
in these Supplemental Provisions and the Standard Specifications.
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 01 04 13 $2,000,000
CA 00 01 06 92 $1,000,000
Statutory
Page 17 of 39
Agreement No. 7534
Contractor will provide endorsements or other proof of coverage for contractual
liability.
Each insurance policy required by this subsection will be endorsed to state that
coverage will not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) calendar days written notice by
certified mail, return receipt requested, has been given to:
CITY CLERK
City of El Segundo
350 Main Street
El Segundo, CA 90245
Notwithstanding the foregoing, the endorsement may state that insurance may
be cancelled upon thirty (30) 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 6-5, 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
Page 18 of 39
Agreement No. 7534
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 6-5.
The cost of such insurance will be included in the various items of work in the
Contractor's bid and no additional compensation for purchasing insurance or
additional coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for
any reason, voided or suspended, Contractor agrees that City may arrange for
insurance coverage as specified, and Contractor further agrees that
administrative and premium costs may be deducted from payments due to the
Contractor. Contractor will not be allowed to work until alternate coverage is
arranged.
Coverage will not extend to any indemnity coverage for the active negligence
of the additional insured if the agreement to indemnify the additional insured
would be invalid under Civil Code § 2782(b).
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.
5-4.2 General Liability
The Contractor's insurance coverage will be primary insurance as respects to
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 in excess of the Contractor's
insurance and will not contribute with to the Contractor's Combined Single
Limit.
The City, its officers, officials, employees, agents, and volunteers will be
covered as insureds as to any respect of any 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. The coverage will contain no special limitations on the scope or
protection afforded to the City, its officers, officials, employees, agents, or
volunteers.
The insurer will agree in writing to waive all rights of subrogation against the
Page 19 of 39
Agreement No. 7534
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.
5-4.3 Worker's Compensation
The insurer will agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City.
5-4.4 Auto Liability Insurance
The City, its officers, officials, employees, agents, and volunteers will be
covered as insureds as to any respect of any liability arising out of activities
performed by or on behalf of the Contractor in automobiles owned, leased,
hired or borrowed. The coverage will contain no special limitations on the
scope or protection afforded to the City, its officers, officials, employees,
agents, or volunteers.
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.
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.
Page 20 of 39
Agreement No. 7534
5-4.5 Indemnification and Defense
In addition to the provisions of Subsection 5-4 of the Greenbook as between
the City and Contractor. The 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 the Work. The Contractor shall hold harmless 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 5-4.2 or in Subsection 5-4 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 5-4.2 or in Subsection 5-4 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 5-4 of the Special Provisions. This hold
harmless agreement by the Contractor will apply to all damages and claims for
damages of every kind suffered or alleged to have been suffered by reasons of
any of the aforesaid operations of Contractor, or any subcontractor, regardless
of whether or not such insurance policies are determined to be applicable to
any of such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans,
in releasing any bond, in inspecting or accepting any work, or of any other
nature, will in any respect relieve the Contractor or anyone else from any legal
responsibility, obligation or liability he might otherwise have.
Page 21 of 39
Agreement No. 7534
5.7 SAFETY
5-7.4 Hazardous Material
Insert the following Subsection:
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.
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 2-9
(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 2-10, 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 2 (Scope of Work) of the Greenbook.
Page 22 of 39
Agreement No. 7534
SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Delete Section 6-1, and replace with the following:.
After contract award, the City will arrange for a pre -construction meeting to
discuss the construction of the Project. The City will invite utility agencies and
the contractor will arrange for all of its subcontractors to attend the meeting.
6-1.1 Contract Schedule
After notification of award and before starting any work, the Contractor will
submit a Contract Schedule to the Engineer for review, as required by these
Specifications within fifteen (15) calendar days of award.
6-1.2 Content of the Contract Schedule
The Contract Schedule, and any Contract Schedule updates, shall meet the
following requirements:
1. Schedules must be suitable for monitoring progress of the Work.
2. Schedules must provide necessary data about the time for the
Engineer's decisions.
3. Schedules must be sufficiently detailed to demonstrate adequate
planning for the Work.
4. Schedules must represent a practical plan to complete the Work within
the Contract Time.
5. Schedules must show the critical path method for completing the Work.
The Engineer's review of the form and general content of the Contract
Schedule and any Contract Schedule updates are only for the purpose of
determining if the listed requirements are satisfied, nothing more.
6-1.3 Effect of Contract Schedule
The Contract Schedule, and any Contract Schedule updates, 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.
Page 23 of 39
Agreement No. 7534
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 Contract Schedule
updates and will monitor the progress of the Work and the delivery of
equipment. The Contractor will act as the expeditor of potential and actual
delays, interruptions, hindrances, or disruptions for its own forces and those
forces of Subcontractors. The Contractor will cooperate with the Engineer in
developing the Contract Schedule and updated Contract Schedules.
The Engineer's review and comments about any schedule or scheduling data
will not relieve the Contractor from its sole responsibility to plan for, perform,
and complete the Work within the Contract Time. Review and comments about
any schedule will not transfer responsibility for any schedule to the Engineer or
the City nor imply their agreement with (1) any assumption upon which such
schedule is based or (2) any matter underlying or contained in such schedule.
The Engineer's failure to discover errors or omissions in schedules that have
been reviewed, or to inform the Contractor that the Contractor, Subcontractors,
or others are behind schedule, or to direct or enforce procedures for complying
with the Contract Schedule will not relieve the Contractor from its sole
responsibility to perform and complete the Work within the Contract Time and
will not be a cause for an adjustment of the Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently accepted
Contract Schedule.
6-1.4 Commencement of Contract Time
The Contract Time will commence when the City issues a Notice to Proceed.
The Work will start on the date specified in the Notice to Proceed and within a
maximum of fifteen (15) calendar days after the date of the Notice to Proceed,
and be diligently prosecuted to completion with the time provided in the
Specifications.
Page 24 of 39
Agreement No. 7534
6-3.3 Working Days and Working Hours
City Hall is open from Monday thru Thursday 7am -5pm and Friday's 7am-4pm..
It is closed the following holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Working on Fridays when City Hall is closed is acceptable. If the Contractor,
however, requests an inspection a day when City Hall is closed, then the
Contractor will have to reimburse the City for the costs of inspection. The
Contractor must request such an inspection at least 48 hours in advance. City
inspections during hours when City Hall is closed are subject to inspection
overtime fees to be paid for by the Contractor. Friday work that does not require
inspection can be done without an inspection fee and must be discussed with
City staff before its occurrence. If the Contractor does construction on a Friday
or a day when City Hall is closed, that day is counted as a project working day.
On workdays, Contractor's activities will be confined to the hours between 7:00
a.m. and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday
work restrictions.
6-3.4 Night Work
Add the following paragraph:
The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the
following day unless specifically provided for in the bid documents or unless
the Contractor receives prior written approval.
6-3.5 Weekend and Holiday Work
The Engineer may, but is not required to, allow the Contractor to work on
Saturdays, Sundays and City Holidays.
Page 25 of 39
Agreement No. 7534
6-4 DELAYS AND EXTENSIONS OF TIME
Delete and replace with the following::
6-4.1 General
If delays are caused by unforeseen events beyond the control of the Contractor,
such delays will entitle the Contractor to an extension of time as provided
herein, but the Contractor will not be entitled to damages or additional payment
due to such delays except as otherwise provided herein. Excusable delay may
include: war, earthquakes exceeding 3.5 on the Richter Scale, government
regulation, labor disputes outside the contemplation of the parties, strikes
outside the contemplation of the parties, fires, floods, changes to the Work as
identified herein, or other specific events that may be further described in the
Specifications.
Delays to the Project caused by labor disputes or strikes involving trades not
directly related to the Project, or involving trades not affecting the Project as a
whole will not warrant an extension of time.
The City will not grant an extension of time for a delay by the Contractor's
inability to obtain materials unless the Contractor furnishes to the Engineer
documentary proof. The proof must be provided in a timely manner in
accordance with the sequence of the Contractor's operations and accepted
construction schedule.
Should delays be caused by events other than those included herein, the
Engineer may, but is not required to, deem an extension of time to be in the
City's best interests.
6-4.2 Extensions of Time
If granted, extensions of time will be based upon the effect of delays to the
critical path of the Work as determined by the current accepted Contract
Schedule. Delays to minor portions of the Work that do not affect the critical
path will not be eligible for extensions of time.
6-4.3 Payment for Delays to Contractor
Any payment for compensable delay will be based upon actual costs as set
forth in Subsection 402-5.1 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.
Page 26 of 39
Agreement No. 7534
6-4.4 Written Notice and Report
If the Contractor desires payment for a delay or an extension of time, it will give
the Engineer written notice of such request not later than the time limit set forth
in the Proposal for submitting a claim after the event or occurrence giving rise
to a delay claim. Failure to submit a written request within such amount of time
will result in the Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by
the "Claims" sections of these Specifications.
In no event will the City grant the Contractor an extension of time if the delay is
within the Contract Time as identified by the Contract Documents.
6-7 DEFAULT BY CONTRACTOR
The language in subsection 6-7 is deleted in its entirety and replaced with the
following subsections.
6-7.1 General
Should the Contractor fail to begin delivery of material and equipment, to
commence the Work within the time specified, to maintain the rate of delivery
of material, to execute the Work in the manner and at such locations as
specified, or fail to maintain the Work schedule (as determined by the current
accepted Contract Schedule) which will ensure the City's interest, or if the
Contractor is not carrying out the intent of the Contract, the City may serve
written notice upon the Contractor and the Surety on its Faithful Performance
Bond demanding satisfactory compliance with the Contract.
6-7.2 Termination of Contractor's Control Over the Work
The City may terminate the Contractor's control over the Work without liability
for damages when, in the City's opinion, the Contractor is not complying in good
faith, has become insolvent, or has assigned or subcontracted any part of the
Work without the City's consent. Should such termination occur, the Contractor
will be paid the actual amount due based on Contract Unit Prices or lump sums
bid and the quantity and quality of the Work completed at the time of
termination, less damages caused to the City by the Contractor's action or
inaction.
In the event of such termination of control, the City may do any one, or
combination of, the following:
1. Serve written notice upon the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract. In such event the
Page 27 of 39
Agreement No. 7534
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.
6-7.3 Surety's Assumption of Control
Should the Surety assume any part of the Work, it will take the Contractor's
place in all respects for that part, and will be paid by the City for all work
performed by it in accordance with the Contract. If the Surety assumes the
entire Contract, all money due the Contractor at the time of its default will be
payable to the Surety as the Work progresses, subject to the terms of the
Contract.
If the Surety does not assume control and perform the Work within 5 days after
receiving notice of cancellation, or fails to continue to comply, the City may
exclude the Surety from the premises. The City may then take possession of
all material and equipment and complete the Work by City's forces, by letting
the unfinished work to another contractor, or by a combination of such methods.
In any event, the cost of completing the Work will be charged against the
Contractor and its Surety and may be deducted from any money due or
becoming due from the City. If the sums due under the Contract are insufficient
for completion, the Contractor or Surety will pay to the City within 5 days of
completion, all costs in excess of the sums due.
The provisions of this subsection will be in addition to all other rights and
remedies available to the City under applicable law.
6-9 LIQUIDATED DAMAGES
Delete and replace with the following:
6-9.1 Failure to Complete Work on Time
If all the work called for under the contract is not completed before or upon the
expiration of the Contract Time, the City will sustain damage. Since it is and will
be impracticable to determine the actual damage which the City will sustain in
the event of and by reason of such delay, it is therefore agreed that the
Contractor will pay to the City the sum specified in the Proposal for each and
every calendar day beyond the time prescribed to complete the work not as a
Page 28 of 39
Agreement No. 7534
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.
SECTION 7 — MEASUREMENT AND PAYMENT
7-2 LUMP SUM WORK
Subsection 7-2, 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.
7.3 PAYMENT
7-3.2 Partial and Final Payments
Delete and replace 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.
Page 29 of 39
Agreement No. 7534
It will take a minimum of thirty-five (35) calendar days from the date of
approving the Contractor's invoice to make the payment to the Contractor.
However, payments will be withheld pending receipt of any outstanding reports
required by the contract documents, or legal release of filed Stop Payment
Notices against the Contractor. In addition, the final progress payment will not
be released until the Contractor returns the control set of Plans and
Specifications showing the as -built conditions.
The full five percent (5%) retention will be deducted from all progress
payments. The Contractor will make a payment request for the retained
amount, for approval by the City, upon field acceptance of the work by the City
Engineer. The City Engineer upon field acceptance and receipt of the final as -
built plans and any other reports or documents required to be provided by the
Contractor will process a recommendation to the City Council for acceptance
of the work. Not less than thirty-five (35) calendar days from the City Council
acceptance of the work, the Contractor's final payment will be made provided
Stop Payment Notices or other claims have not been filed against the
Contractor and/or the City by material suppliers, subcontractor, 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.
Page 30 of 39
Agreement No. 7534
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.
7-3.2.1 Final Payment and Termination of Agency Liability
Before receiving final payment, the Contractor will execute a "Release on
Contract" form which will operate as, and will be a release to the City, the City
Council, and each member of the City Council and their agencies, from all
claims and liability to the Contractor for anything done or furnished for, or
relating to, the work or for any act of neglect of the City of any person relating
to or affecting the work, except the claim against the City for the remainder, if
any there be, of the amounts kept or retained as provided in Subsections 9-3
of the Standard Specifications and except for any unsettled claims listed on
said form which have been filed in compliance with the requirements for making
claims.
7-3.3 Delivered Materials
Materials and equipment delivered or stored, but not incorporated into the work,
will not be approved for progress payments.
7.4 PAYMENT FOR EXTRA WORK
7-4.2 Basis for Establishing Costs
7-4.2.3 Tools and Equipment Rental
Delete the second and third paragraphs and replace 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."
7-4.3 Markup
Delete and replace with the following:
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7-4.3.1 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.
7-4.3.2 Work by Subcontractors
When all or any part of the extra work is performed by a Subcontractor, the
markup established in 7-4.3(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.
7-4.3.3 Compensable Delays
In the event that City becomes liable to Contractor for compensable delays,
City agrees to pay Contractor the daily Contractor Delay Damages set forth in
the 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.
7-4.4 Daily Reports by Contractor
Insert the following paragraph at the end of the subsection :
If disagreement continues regarding extra work, the Contractor may seek
compensation in accordance with the Claims procedure. Daily Reports required
by this subsection must be made part of the Claim as supporting data for the
Claim.
7-4.5 Disputes and Claims Procedure
7-4.5.1 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
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Agreement No. 7534
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.
7-4.5.2 Form and Content
A Claim must include the following:
A statement that it is a Claim and a request for a decision.
2. A detailed description of the act, error, omission, unforeseen condition,
event or other condition giving rise to the Claim.
3. If the Claim is subject to the Change Order procedures, a statement
demonstrating that a Change Order Request was timely submitted and
denied.
4. A detailed justification for any remedy or relief sought by the Claim,
including to the extent applicable, the following:
a) If the Claim involves extra work, a detailed cost breakdown
claimed. The breakdown must be provided even if the costs
claimed have not been incurred when the Claim is submitted.
b) To the extent costs have been incurred when the Claim is
submitted, the Claim must include actual cost records (including,
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Agreement No. 7534
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:
"I, BEING THE (MUST BE AN
OFFICER) OF (CONTRACTOR NAME),
DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA
LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE
THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR
ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND
KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH;
THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT
THE AMOUNT REQUESTED ACCURATELY REFLECTS THE
CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR
BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR
WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA
GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE
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Agreement No. 7534
CLAIMS, AND FURTHER KNOW
SUBMITTING OR CERTIFYING A
FINES, IMPRISONMENT, AND
CONSEQUENCES."
7-4.5.3 Claims Submitted to the Engineer
AND UNDERSTAND THAT
FALSE CLAIM MAY LEAD TO
OTHER SEVERE LEGAL
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.
7-4.5.4 Claim is Prerequisite to Other Remedy
The Contractor certifies that it is familiar with PCC § 10240.2 and understands
and agrees that submitting a Claim in accordance with these Specifications is
an express condition precedent to the Contractor's right to otherwise pursue a
claim whether through alternative dispute resolution or by litigation. Should the
Contractor fail to submit a claim in accordance with these Specifications,
including the time limits set forth herein, it will waive any right to a remedy,
whether in law or equity, it might otherwise have pursuant to the Contract
Documents or applicable law.
7-4.5.5 Decision on Claims
The Engineer will promptly review Claims submitted by the Contractor in
accordance with these Specifications. Should the Engineer require additional
supporting evidence to evaluate the claim, the Engineer will request such
additional information in writing. Any such requested data will be furnished not
later than ten (10) calendar days after the Contractor receives the Engineer's
request.
The Engineer will render a decision not later than thirty (30) days after either
receiving the Claim or the deadline for furnishing additional supporting data,
whichever is later. If the Claim amount is more than $50,000, the time period
will be extended to sixty (60) days. If the Engineer fails to render a decision
within the time period established herein, then the Claim will be deemed
denied. The Engineer's decision will be final and binding unless appealed in
accordance with these Specifications.
The Engineer's decision on a Claim will include a statement substantially as
follows:
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Agreement No. 7534
"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."
7-4.5.6 Appeal of Engineer's Decision
Should the Contractor dispute the Engineer's decision, then the Contractor
must appeal that decision to the City's Public Works Director within 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.
7-4.5.7 Mediation
If the City and the Contractor agree, disputes between the parties may be
submitted to non -binding mediation. If the parties cannot agree to an alternative
form of mediation, then mediation will be administered by the American
Arbitration Association ("AAA") under its Construction Industry Mediation
Rules, unless the use of such rules are waived by mutual stipulation of both
parties.
The parties may, but are not required to be, represented by counsel in
mediation.
The requirement for mediation will not alter or modify the time limitations
otherwise provided for claims and no conduct or settlement negotiation during
mediation will be considered a waiver of the City's right to assert that claim
procedures were not followed.
7-4.5.8 Arbitration
If the City and Contractor do not agree to mediation, then a disputes will be
submitted to neutral non -binding (except as provided herein) arbitration.
Arbitration will be conducted in accordance with PCC § 10240.3. Any decision
rendered by an arbitrator will be consistent with PCC § 10240.8.
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Agreement No. 7534
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.
7-4.5.9 When Arbitration Decision Becomes Binding
The decision rendered by the arbitrator will become binding upon the parties
unless appealed to the Los Angeles County Superior Court pursuant to PCC §
10240.12 within 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.
7-4.5.10Appeal to Superior Court — Waiver of Jury Trial
Should a party timely object to the arbitration decision, it may file a petition with
the Los Angeles County Superior Court in accordance with California Code of
Civil Procedure ("CCP") §§ 1285, et seq. Notwithstanding the limitations set
forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration
award, and enter judgment in accordance with CCP § 1287.4, for any legal or
equitable basis including, without limitation, error of law. The court will apply
the substantial evidence standard of review when considering the appeal of an
objecting party.
BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR
AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE
CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF
THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF
CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH
THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE
THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.
7-4.5.11 AB 626 Claims Process
Claims made by a Contractor for one or more of the following are subject to the
claim resolution process set forth in Public Contract Code section 9204:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the City under a contract for a Public Works
Project.
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Agreement No. 7534
(B) Payment by the City of money or damages arising from work done by, or
on behalf of, the contractor pursuant to the contract for a Public Works Project
and payment for which is not otherwise expressly provided or to which the
claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
PART 4 — EXISTING IMPROVEMENTS
SECTION 402 UTILITIES
402-2 PROTECTION
Insert the following:
402-2.1 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.
402-4 RELOCATION
The following subsection is added to Subsection 402-4 of the Greenbook.
402-4.1 Responsibility of Utility Removal or Relocation
The City will be responsible to arrange for the removal, repair, or relocation of
existing utilities located within the Project limits if such utilities are not correctly
identified in the contract plans or specifications by the City. The City will have
the sole discretion to perform repairs or relocation work or permit the Contractor
to do such repairs or relocation.
402-5 DELAYS
Insert the following.
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 402-5.1 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.
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402-5.1 Calculating Idle Time
Equipment idle time will calculated in accordance with Subsection 7-4.2.3 and
based upon the actual normal working time during which the delay condition
exists, but in no case will exceed 8 hours in any one day. The days for which
compensation will be paid will be the calendar days, excluding Saturdays,
Sundays and legal holidays, during the existence of the delay.
Worker idle time will be calculated in accordance with Subsection 7-4.2.3.
- END OF SECTION -
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