CONTRACT 3325 Public Works Contract CLOSED3 3 2 5 : `87
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
ADVANCED FUEL FILTRATION SYSTEMS, INC
This CONTRACT is entered into this 6th day of April, 2004, by and between the
CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and
ADVANCED FUEL FILTRATION SYSTEMS, INC ( "the Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents
(the "Scope of Work "). The Contractor agrees to do additional work
arising from changes ordered by the City in accordance with the Contract
Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
D. "Contract Documents" means the Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Addenda; Notice to
Proceed; Change Orders; Notice of Completion; and all other documents
identified in the Contract Documents which together form the contract
between the City and the Contractor for the Work. The Contract
Documents constitute the complete agreement between the City and the
Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed
NINE THOUSAND SIX HUNDRED FORTY -FIVE DOLLARS ($9,645.00) for the Work in
the manner set forth in the Contract Documents. The City may adjust this amount as
set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within Forty-Five, (45) working
days (the "Contract Time. ")
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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 shall not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the
Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered
purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written
authorization to proceed, any such Work is at the Contractor's own cost
and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance
with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13.
5. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with
a Taxpayer Identification Number.
6. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
7. 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.
8. INDEMNIFICATION. The Contractor agrees to indemnify and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and
limits of insurance coverage to be maintained by the Contractor as required by the
Contract Documents, and any approval of such insurance by the City, are not intended
to and will not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Contractor pursuant to the Contract Documents, including, without
limitation, to the provisions concerning indemnification.
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9. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and the
manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits the City provides for its
employees. Any provision in this Contract that may appear to give the City the right to
direct the Contractor as to the details of doing the work or to exercise a measure of
control over the work means that the Contractor will follow the direction of the City as to
end results of the work only.
10.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. The Contractor will retain such financial and program
service records for at least three (3) years after termination or final payment under the
Contract Documents.
11. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
The City
City of El Segundo
City Hall
350 Main Street
El Segundo, CA 90245
The Contractor
Advanced Fuel Filtration
Systems, Inc
1275 Graphite Dr
Corona, CA 92881
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three (3) days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery. Changes may be made in the
names or addresses of persons to who notices are to be given by giving notice in the
manner prescribed in this paragraph.
12. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein are
for the exclusive benefit of the Contractor and the City and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of the Contractor's
or the City's obligations under this Contract.
13. 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.
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14. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. Precedence of documents as determined in the Standard Specifications.
15. 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.
16. 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.
17. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Contract, agreements ancillary to this Contract, and related documents to be entered
into in connection with this Contract will be considered signed when the signature of a
party is delivered by facsimile transmission. Such facsimile signature will be treated in
all respects as having the same effect as an original signature.
18. 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.
19. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
20. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
[Signatures on next page]
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3325
IN WITNESS WHERE OF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO: CONTRACTOR:
A general law city rn al corporation. Advanced Fuel Filtration Systems, Inc
By: Mary W-6') Doug a L. Parker
City anaaer
ATTEST:
By: "-
Cindy M.Ortesen
City Clerk
APPROVED
MARK D. HE
LM
M
Print Name''James R. Christ
Hy�
CITY ATTORNEY
i
Karl H. Berger,
Assistant City, Attorney
Title: Chief Operating Officer
I -A -5
TaxpayerlD
Number
Contractor State
License Number
33- 0677559
769519
Contractor City
Business License 20940
Number
FAITHFUL PERFORMANCE BOND
Bond No.
Bond Fee:
ADVANCED FUEL FILTRATION_ SYSTEMS. INC (PRINCIPAL ") and
CITY OF EL SEGUNDO, a corporation incorporated under the laws of the State of
California and licensed by the State of California to execute bonds and undertakings as sole surety,
as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the
sum of NINE THOUSAND SIX HUNDRED FORTY -FIVE DOLLARS ($9,645.00) dollars,
which is a minimum one hundred percent (100 %) of the contract amount, 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. NA , 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
PRINCIPAL will repair the public improvements identified in THE SCOPE OF WORK.
2. PRINCIPAL's work on the Public Project will be done in accordance with applicable
plumbing, electrical, and mechanical codes 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.
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. NA 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.
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3325 , ` ..:.1
6. This bond consists of this instrument; the plans and specifications identified above;
and the following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing this
bond to do so;
B. A certificate issued by the county clerk for the county in which
SURETY's representative is located conforming with California Code
of Civil Procedure § 995.640 and stating that SURETY's certificate of
authority has not been surrendered, revoked, cancelled, annulled, or
suspended, or in the event that it has, that renewed authority has
been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will
remain in full force and effect.
SIG ED AND SEA this �- day of M A , 20 b q
Dou a L. Parker
PRI AL's PRESID NT SURETY's PRESIDENT
,e -
s R. Christ
PRINCIPAL's SECRETARY SURETY's SECRETARY
PRINCIPAL's MAILING ADDRESS:
Advanced Fuel Filtration S stems
513 Rochester Ave.
Rancho Cucamonga, CA 91730
SURETY's MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return two (2) originals to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
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3325°.
ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of VL \ V eR s %,p
On rt A'I 2 2.00 4 before me, la > 14ACaaou11.) 39
(DATE) (NOTARY)
personally appeared DO u L Al nA-a v
SIGNER(S)
[' personally known to me - OR - ❑ 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
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
H. 0. HARROUN A
Comm. #1412332 WITNESS my hand and official seal.
NOTARY PUBLIC -CALIFORNIA Y!
Riverside Cowry
My Comm. Expires Feb. 24, 2008
pop
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NOTARY" IGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ INDIVIDUAL
CORPORATE OFFICER
0aCS1D-- W-1- /C ti 0
TITLE(S)
❑
PARTNER(S)
❑
ATTORNEY -IN -FACT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IFS)
S`i s Te'W 5 r D w.)c..
DESCRIPTION OF ATTACHED DOCUMENT
C,yi`i OC iFL " � GU.aDa C_o fjTfP'c
TITLE OR TYPE OF DOCUMENT
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NUMBER OF PAGES
DATE OF DOCUMENT
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APA 5/99 VALLEY - SIERRA, 800 - 362 -3369
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ALL- PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of g IV L-1Z S n
On +t'l tsy t> '7_6&4 before me, %1. 1-3- %kA-(Z 2 c, y-P
(DATE) (NOTARY)
personally appeared :tv� rt o S `2 . c I -9 ` S I-
SIGNERS)
personally known to me - OR - ❑ 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
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
e------y- H. D. HARROUN JR WITNESS my hand and official seal.
Comm. # 1112332 ,A
N NOTARY PUBLIC - CALIFORNIA YI
Riverside Ceoery
My Comm. Exoree Feb.21,2001
NOTARY'S S CA ATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ INDIVIDUAL
CORPORATE OFFICER
rc 2eT-A-Ry
Trn.E(S)
❑
PARTNER(S)
❑
ATTORNEY -IN -FACT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR HNrITY0ES)
p7 V N-0 (_ v4z) F u% L F 1, t�2 AT o w7
DESCRIPTION OF ATTACHED DOCUMENT
1,6\/ U IF CL S %F6 u j-06 C., [ W-VC Xer
TITLE OR TYPE OF DOCUMENT
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NUMBER OF PAGES
DATE OF DOCUMENT
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APA 5/99 VALLEY - SIERRA, 500- 362 -3369
3325 • -a'
LABOR AND MATERIALS BOND
Bond No.
Bond Fee:
ADVANCED FUEL FILTRATION SYSTEMS, INC, as principal ( "PRINCIPAL ") and
CITY OF EL SEGUNDO, a corporation incorporated under the laws of the State of
California and licensed by the State of California to execute bonds and undertakings as sole surety,
as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the
sum of NINE THOUSAND SIX HUNDRED FORTY -FIVE DOLLARS ($9,645.00) dollars,
which is a minimum one hundred percent (100 %) of the contract, 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 THE SCOPE OF WORK
( "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 repair the public improvements identified in THE SCOPE OF WORK.
Such performance will be in accordance with applicable plumbing, electrical and mechanical codes
which are made a part of this bond when said Scope of Work is approved by the City Council.
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.
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. NA_, 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.
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3325 • .f
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.
SIG
ED AND SEALEV this day of iii AI , 20 Oq
,rt A T._ Parker
PRI 15AL's PSID
s R. Christ
PRINCIPAL's SECRETARY
PRINCIPAL's MAILING ADDRESS:
Advanced Fuel Filtration Systems
Roc ester Ave.
Rancho Cucamonga, CA 91730
SURETY's PRESIDENT
SURETY's SECRETARY
SURETY's MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return two (2) originals to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
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ALL- PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of R%,40�5 ► 2%:'
On before me, 1A-3- 0,t4 a6V tJ I, ,
(DATE) (NOTARY)
personally appeared D G u G L A s C2A,<? kt
SIGNERS)
Impersonally known to me - OR - ❑ 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
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
H. D. HARROUN A
N Comm. k 1412332
WARY PUB IC-CA IFNAIIA N WITNESS my hand and official seal.
d
My Cwwt. Egint R0.24,2011
ARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
fy CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S)
❑
ATTORNEY -IN -FACT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR F.NTITY(IES)
SA S -k G–viS t ►J L
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TITLE OR TYPE OF DOCUMENT
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NUMBER OF PAGES
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RIGHT THUMBPRINT
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APA 5/99 VALLEY - SIERRA, 800- 362 -3369
ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Q N NJ V-1Z 5 1.7
On N1 Rq 1S I Z000
(DATE)
personally appeared T'P
J ' 2 5
SS.
before me, 4*A7 (Z C) L, "' r TV -
(NOTARY)
t1e5 -?,
Kpersonally known to me - OR -
H D. HARM Ry 0� N JR
Comm. N 1412332 rrAA
NOTARY PUBLIC -CALIFORNIA VI
Riverside Ce"
My Comm. Expires Feb. 24, 200111
C- % -(2. % S T-
SIGNER(S)
❑ 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
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY'S GNATURF.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
'i' CORPORATE OFFICER C 1-11 G}- L1.. <> Gu uaa Gd "J-\ -a
5 C Z Ty* —i2 y' TITLE OR TYPE OF DOCUMENT
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PARTNER(S)
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ATTORNEY -IN -FACT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
OTHER:
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NUMBER OF PAGES
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DATE OF DOCUMENT
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APA 5/99 VALLEY - SIERRA, 800- 362 -3369
SECTION II GENERAL REQUIREMENTS
A. GENERAL SPECIFICATIONS
SCOPE AND LOCATION OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as
required by the Plans, Specifications, and contract documents. The general items of work include
the following:
Repair existing underground storage tank systems to facilitate SB989 testing. Includes: saw
cut; breakout and excavate all materials to expose work area; necessary repairs on the
secondary system; and backfill and replacement of all disturbed concretelasphalt.
Contractor will furnish all materials, parts, labor and testing to complete this project.
TIME FOR COMPLETION
CONTRACTOR will commence work on date specified in the Notice to Proceed to be issued to
said CONTRACTOR by the Public Works Department of CITY and will complete work on the
PROJECT within FORTY -FIVE (45) WORKING DAYS after the date of commencement.
REGISTRATION OF CONTRACTORS
No bid will be accepted from a CONTRACTOR who has not been licensed in accordance with the
provisions of the laws of the State of California relating to licensing of contractors, for the type of
work to be performed under this Contract.
CITY BUSINESS LICENSE
CONTRACTOR and SUB - CONTRACTORS will obtain a City Business License before execution
of the construction contract.
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NOTIFICATIONS
The CONTRACTOR will notify all agencies listed here in a minimum of forty -eight (48) hours before start
of operation. The following list of names and telephone numbers are intended for the convenience of the
CONTRACTOR and the City does not guarantee either the completeness or correctness of this list.
OPERATION OF FICE TELEPHONE
Public Works/ General Services Division:
Start of work, shutdown of work, David Johnson, Interim Public Works Director 310- 524 -2358
or resumption of work after Bellur Devaraj, City Engineer
Shutdown Paul Bowen, Civil Engineer Associate 310 - 524 -2359
Closing of streets El Segundo Police Department ** 310 - 524 -2200
El Segundo Fire Department ** 310 - 524 -2236
Street striping Street Maintenance Division 310- 524 -2709
** The CONTRACTOR will notify the General Services Division before notifying these offices.
The following information is provided for CONTRACTOR'S use to notify agencies if their
facilities are affected by CONTRACTOR'S work:
1. Underground Service Alert (all excavation in public right -of -way) -
2. City of El Segundo — Water/Wastewater Division
3. City of El Segundo — Recreation and Parks
4. Southern California Gas Company
5. Southern California Edison Company (SCE)
6. Pacific Bell
7. Time Warner Communication (Cable)
8. Los Angeles County Sanitation District
9. El Segundo Unified School District
EMERGENCY INFORMATION
800 - 422 -4133
310- 524 -2742
310- 524 -2707
310- 671 -9002
310 -417 -3366
310- 515 -4430
310- 768 -0400
Extension 414
310- 699 -7411
310- 322 -4500
The names, addresses and telephone numbers of the CONTRACTOR and subcontractors,
or their representatives, will be filed with the City Engineer and the City Police Department
BEFORE PERFORMING WORK.
II-A-2
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
STANDARD SPECIFICATIONS
0 -0 STANDARD SPECIFICATIONS
0 -1 GENERAL
Except as modified by these Standard Specifications, the provisions of the
latest edition of the Standard Specifications for Public Works Construction"
and its supplements prepared and promulgated by the Southern California
Chapters of the American Public Works Association and the Associated
General Contractors of America, constitute the Standard Specifications for
this project.
0 -2 NUMBERING OF SECTIONS
The numbering contained within the Standard Specifications of the Contract
Documents is intended to correspond with SSPWC numbering.
0 -3 MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the
SSPWC, the Contract Documents take precedence.
1 -2 DEFINITIONS
The following subsection is added to Subsection 1 -2 of the SSPWC.
1 -2.1 ADDITIONAL DEFINITIONS
Acceptance — The date on which the City Council accepts the Work as
complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers -Advisors
employed by the City.
Bidder - Any individual, firm, partnership, corporation, or combination thereof,
submitting a proposal for the work contemplated, acting directly or through a
duly authorized representative.
City Council - The body constituting the awarding authority of the City.
STANDARD SPECIFICATIONS II-B 411.004
II -B -1
1 -3
1 -3.1
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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 (minimum 48 hours or two working days) before the
commencement of the contemplated action. Notification may be from
Engineer to Contractor or from Contractor to Engineer.
Engineer - The City Engineer, or designee, as defined in the SSPWC.
Unless otherwise provided, all correspondence and decisions made relative
to the contract will be �by the City Engineer or his designated representative.
PCC — California Public Contract Code
Prompt - The briefest interval of time required for a considered reply,
inbluding 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,
dated July 1992, Business and Transportation Agency, Department of
Transportation
Working Days - A working day is defined as any day, except Saturdays,
Sundays, legal holidays and days when work is suspended by the Engineer,
as provided in Subsection 6 -3 and days determined to be non - working in
accordance with Subsection 6 -7, "Time of Completion."
ABBREVIATIONS
The following Subsection is added to Subsection 1 -3 of the SSPWC.
The following abbreviations are added to Subsection 1 -3 of the SSPWC:
AAN
American Association of Nurserymen
AGC
Associated General Contractors of America
AISC
American Institute of Steel Construction
APWA
American Public Works Association
ASME
American Society of Mechanical Engineers
IEEE
Institute of Electric and Electronic Engineers
NEC
National Electric Code
SSPWC
Standard Specification for Public Works Construction, 2000
edition, and subsequent supplements prepared by Southern
California Chapters of AGC and APWA
STANDARD SPECIFICATIONS II-S 4192004
II-B-2
WATCH Work Area Traffic Control Handbook
SPPW C Standard Plans for Public Works Construction by the American
Public Works Association 1997 edition and subsequent
supplements
ASA American Standard Association
CITY City of El Segundo
SSP State of California Standard Plans, July 1995 edition
SSS State of California Standard Specifications, July 1999 edition
SECTION 2 — SCOPE AND CONTROL OF WORK
The following subsections 2 -1.1 and 2 -1.2 are added to the SSPWC.
2 -1.1 ACCESS TO PROJECT SITE
Ndt later than the date designated in the current Contract Schedule
submitted by the Contractor, the City will provide access to the real property
and facilities upon which the Work is to be performed, including access to
real property and facilities designated in the Contract Documents for the
Contractor's use.
2 -1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS.
The Contract Documents and all copies furnished to or provided by the
Contractor are the City's property and may not be used on other work.
2 -3 SUBCONTRACTS
Subsection 2 -3 Subcontractors of SSPWC is deleted in its entirety and
replaced with the following subsection.
2 -3.1 GENERAL
Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid
the name and location of the place of business of each subcontractor who
will perform work or labor or render service to the prime contractor in or
about the construction of the work or improvement, or a subcontractor
licensed by the State of California who, under subcontract to the prime
contractor, specifically fabricates and installs a portion of the work or
improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one -half of one percent of the prime
contractor's total bid. Only one subcontractor will be listed for each portion of
the work, which portion will be defined in the bid. In each instance, the
nature and extent of the work to be sublet will be described. The failure of
the Contractor to specify a subcontractor, or the listing of more than one
STANDARD SPECIFICATIONS II-8 41912004
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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 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.
2 -3.2 ADDITIONAL RESPONSIBILITY
Add the following to Subsection 2 -3.2 Additional Responsibility:
The Contractor will submit experience statements for each subcontractor
who will perform contract work that amounts to more than ten percent (10 %)
of the Work.
2 -4 CONTRACT BONDS
The following paragraph is added to Subsection 2 -4 of the SSPWC.
The Faithful Performance Bond and the Labor and Materials Bond must be
paid up and in effect for one year after the acceptance of the job by the City
STANDARD SPECIFICATIONS 11.6 4/9I2004
II-B-4
in accordance with the guarantee required by Subsection 6 -8.1.
2 -5 PLANS AND SPECIFICATIONS
Subsection 2 -5.1 of the SSPWC is replaced by the following subsection.
2 -5.1 GENERAL
The Contractor will maintain the following at the Work site:
One as -built copy of the Plans and Specifications, in good order and
marked to record current changes and selections made during
construction. - NA
2. The current accepted Contract Schedule.
3. Shop Drawings, Product Data, and Samples. - NA
4. Approved permits from other agencies, including Cal -OSHA permits
for trench shoring.
5. All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the
Work. The Contract Documents are intended to be complementary and
cooperative and to describe and provide for a complete project. Anything in
the Specifications and not on the Plans, or on the Plans and not in the
Specifications, will be as though shown or mentioned in both.
Payment for any items on the plans for which there are no specific bid item
will be included in the various items of work or in any item to which it is
appurtenant.
If the Contractor performs any work which it knows or should know involves
an error, inconsistency, or omission without notifying and obtaining written
consent from the Engineer, the Contractor will be responsible for the
resulting losses, including, without limitation, the costs of correcting defective
work.
2 -5.2 PRECEDENCE OF CONTRACT DOCUMENTS
The following paragraph is added to subsection 2 -5.2 of the SSPWC:
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
STANDARD SPECIFICATIONS 11-B .11,004
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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.
2 -5.5 ACCURACY OF PLANS AND SPECIFICATIONS - NA
Although it is believed that much of the information pertaining to conditions
and existing utilities that may affect the cost of the Work will be shown on the
Plans or indicated in the Specifications, the City does not warrant the
completeness or accuracy of such information.
The Contractor will carefully study and compare each of the Contract
Documents with the others and with information furnished by the City and will
promptly report in writing to the Engineer any errors, inconsistencies, or
omissions in the Contract Documents or inconsistencies with applicable law
observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform
soil investigations, and carefully compare with the Contract Documents such
field measurements, conditions, and other information known to the
Contractor before commencing the Work. Errors, inconsistencies, or
omissions discovered at any time will be promptly reported in writing to the
Engineer.
2 -8 RIGHT -OF -WAY
The following subsection is added to Subsection 2 -8 of the SSPWC.
2 -8.1 ADDITIONAL WORK AREAS AND FACILITIES
When the Contractor arranges for additional temporary work areas and
facilities, the Contractor will provide the City with proof that the additional
work areas or facilities have been left in a condition satisfactory to the
owner(s) of said work areas or facilities before acceptance of the work.
2 -9 SURVEYING
Subsection 2 -9.3, Survey Service, is deleted in its entirety and replaced by
the following subsection:
2 -9.3 SURVEY SERVICE - NA
STANDARD SPECIFICATIONS 11.8 41912004
11-13-6
2 -9.3.1 CONSTRUCTION SURVEYING - NA
The Contractor will provide for all construction surveying required to layout,
monitor and complete the work. The surveying will be performed by a Land
Surveyor or Civil Engineer authorized to practice land surveying by the State
of California.
The Project Benchmark is shown on the plans. The Contractor will establish
all necessary control lines based on the plans and record information on file
with the County of Los Angeles Surveyor and the Engineer.
It is the responsibility of the Contractor to protect the survey control as shown
on the plans. If the survey control is destroyed or disturbed during
construction, the Contractor will provide for resetting them and file
appropriate documents with the County of Los Angeles at the direction of the
Engineer.
Computations, survey notes, and other data used to accomplish the work will
be neat, legible and accurate. Copies of all computations, survey notes, and
other data (electronic format may be required) will be furnished to the
Engineer before beginning work that requires their use.
2 -9.3.2 MEASUREMENT AND PAYMENT - NA
Construction Survey — Unless a separate bid item is provided, payment will
be considered included in the other items of the bid and no additional
payment will be made therefore.
3 -3.2.2 BASIS FOR ESTABLISHING COSTS - NA
Subsection 3 -3.2.2 (c), Tool and Equipment Rental is modified where the
second and third paragraphs are replaced with "Regardless of ownership, the
rates to be used in determining the equipment usage costs will not exceed
those listed for the same or similar equipment in the California State
Department of Transportation publication of Labor Surcharge and Equipment
Rates effective for the period of usage."
3 -3.2.3 MARK UP
Subsection 3- 3.2.3, Mark Up, is deleted in its entirety and replaced by the
following subsection:
(a) Work by Contractor. The following percentages will be added to the
Contractor's costs and will constitute the markup for all overhead and
profits.
STANDARD SPECIFICATIONS IFB 41112004
11-B-7
3 3 2 5. 7 "07 141
1) Labor ....... ............................... 20
2) Materials .... .............................15
3) Equipment Rental
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.
(b) Work by Subcontractors. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a)
will be applied to the Subcontractor's actual cost of such work. A
markup of 10 percent on the first $5,000 of the subcontracted portion
of the extra work and a markup of 5 percent on work added in excess
of $5,000 of the subcontracted portion of the extra work may be
added by the Contractor.
3 -3.3 DAILY REPORTS BY CONTRACTOR
Add the following paragraph to subsection 3 -3.3, Daily Reports by
Contractor:
If disagreement continues regarding extra work, the Contractor may seek
compensation in accordance with the Claims procedure. Daily Reports
required by this subsection must be made part of the Claim as supporting
data for the Claim.
3 -4 CHANGED CONDITIONS
Subsection 3 -4, Changed Conditions, is deleted in its entirety and replaced
with the following subsection:
If the Contractor encounters concealed or unknown conditions that differ
materially from those anticipated or expected ( "changed conditions "), the
Contractor will immediately notify the Engineer in writing of such changed
conditions (upon discovery and before disturbing such changed conditions),
as provided in Subsection 6 -11, so that the Engineer can determine if such
conditions require design details that differ from those design details shown
in the Contract Documents. Notwithstanding the thirty (30) day time period
set forth in Subsection 6 -11.3, the Contractor will be liable to the City for any
extra costs incurred as a result of the Contractor's failure to promptly give
such notice.
STANDARD SPECIFICATIONS II -S 419/2004
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25
Changed conditions will include, without limitation, the following:
1. Subsurface or latent physical conditions differing materially
from those represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature differing
materially from those ordinarily encountered and generally
recognized as inherent in work of the character being
performed; and
3. Material differing from what is represented in the Contract
which the Contractor believes may be hazardous waste as
defined in California Health & Safety Code § 25117 that is
required to be removed to a Class I, II, or III disposal site in
accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed
conditions. The Engineer's decision, and any dispute regarding that
decision, will be made in accordance with Section 6 -11 except that the
Engineer will render a decision promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO
BIDDERS is subject to the following provisions: - NA
The information is made available for the Bidders' convenience
and is not a part of the Contract.
2. The City has not determined the accuracy or completeness of
such information and all such information is made available to
Bidders without any representation or warranty by the City
whatsoever as to its accuracy, completeness, or relevancy.
3. Bidders will independently evaluate such information for their
use and will be solely responsible for use or interpretation of
such information. Any such use or interpretation will not be the
basis of any claim against the City.
3 -5 DISPUTED WORK
Subsection 3 -5 is deleted in its entirety and replaced by the following
subsection.
If the Contractor and the City do not reach agreement on disputed work, the
City may direct the Contractor to proceed with the work. Any payment for the
disputed work will be determined pursuant to the claims procedures in these
Standard Specifications. Although not to be construed as proceeding under
STANDARD SPECIFICATIONS 11.9 4111=04
II-B-9
J 25
extra work provisions, the Contractor will keep and furnish records of
disputed work as required by the Contract Documents.
4 -1.3 INSPECTION REQUIREMENTS
Subsection 4 -1.3, Inspection Requirements, is deleted in its entirety and
replaced by the following subsections.
4 -1.3.1 GENERAL
Unless otherwise specified, inspection at the source of production for such
materials and fabricated items as bituminous paving mixtures, structural
concrete, fabricated metal products, cast metal products, welding, reinforced
and unreinforced concrete pipe, application of protective coatings, and
similar shop and plant operations is not required. A certificate of compliance,
signed by an authorized officer of the producer, certifying compliance with
the contract documents will be submitted for all of the following materials:
steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement
pipe; cast iron pipe; reinforced concrete pipe; non - reinforced concrete pipe;
and PVC sewer and water pipe; subject to sampling and testing by City.
Standard items of equipment, such as electric motors, conveyors, plumbing
fittings and fixtures, lumber, plywood, and so on, are subject to inspection at
the job site, at the Engineer's sole discretion.
All other equipment items will be inspected and tested in accordance with the
contract documents.
The City does not provide full time inspection. The Contractor will provide
24 -hour minimum notice for each inspection required by the work unless
other arrangements have been agreed upon, in writing, with the City
Engineer. Any inspection required outside of normal working hours and
days, including holidays, will be at the Contractor's cost at rates established
by the City.
4 -1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY - NA
Contractor purchased materials, fabricated items, and equipment, produced
at sources located more than 50 miles outside the corporate limits of the
City, and which are specified to be inspected in the Contract Documents, will
be inspected by inspectors or testing laboratories arranged for and paid for
by City. Report of such inspection must be submitted to the City. If any item
inspected fails to meet the specified criteria, the Contractor will pay all costs
for reinspection, and such costs may be deducted from payments due to the
Contractor.
STANDARD SPECIFICATIONS INB 41-12004
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4 -1.6 TRADE NAMES OR EQUALS - NA
Whenever any material, product, equipment, or service is specified by brand,
trade, or proprietary name, the item so specified will be deemed to be
followed by the words "or equal ".
For the City's consideration of a proposed "equal" item, the Bidder will
submit, a minimum of ten (10) calendar days before the date of the bid
opening, documentation of the particulars of the proposed "equal item ". At a
minimum, the submitted documentation will include:
Written request with explanation of why the product
should be considered as an equal product.
Material specifications.
Technical specifications.
Test data.
Samples.
• Comparison chart of key specifications of the "equal" item against
similar specifications of the specified item.
Work locations and reference telephone numbers of at least three (3)
locations where the proposed "equal" item has been recently installed
under similar conditions.
Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed
"equal" product is acceptable to the City five (5) calendar days before the
date of the bid opening. Failure to submit all required documentation and /or
submittal of incomplete documents may result in the City's rejection of the
proposed "equal" product without further consideration.
5 -2 PROTECTION
The following subsection is added to Subsection 5 -2 of the SSPWC.
5 -2.1 INCORRECT LOCATION OF UTILITIES
If the Contractor, while performing the Work, discovers utility facilities not
identified correctly or not shown in the contract plans or specifications by the
City, the Contractor will immediately notify the City and utility owner in writing.
STANDARD SPECIFICATIONS 148 4/B/2004
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5 -4 RELOCATION
The following subsection is added to Subsection 5 -4.of the SSPWC.
5 -4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION
The City will be responsible to arrange for the removal, repair, or relocation
of existing utilities located within the project limits if such utilities are not
correctly identified in the contract plans or specifications by the City. The City
will have the sole discretion to perform repairs or relocation work or permit
the Contractor to do such repairs or relocation.
5 -5 DELAYS
The following paragraphs are added to Subsection 5 -5 of the SSPWC.
Actual loss, as used in this Subsection, will be understood to include no
items of expense other than idle time of equipment and necessary payments
for idle time of workers, cost of extra moving of equipment, and cost of longer
hauls. Compensation for idle time of equipment and idle time of workers will
be determined by Subsection 5 -5.1 and no markup will be added in either
case for overhead and profit. The cost of extra moving of equipment and the
cost of longer hauls will be paid for as extra work.
The following subsection is added to Subsection 5 -5 of the SSPWC.
5 -5.1 CALCULATING IDLE TIME
Equipment idle time will calculated in accordance with Subsection 3- 3.2.2(c)
and based upon the actual normal working time during which the delay
condition exists, but in no case will exceed 8 hours in any one day. The days
for which compensation will be paid will be the calendar days, excluding
Saturdays, Sundays and legal holidays, during the existence of the delay.
Worker idle time will be calculated in accordance with Subsection 3- 3.2.2(a).
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Section 6 -1, Construction Schedule and Commencement of Work, is deleted
in its entirety and replaced by the following subsections.
Pre - Construction Meeting: - NA
After contract award, the City will arrange for a pre- construction meeting to
discuss the construction of the project. City will invite utility agencies and the
STANDARD SPECIFICATIONS 116 .410"
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s25 �.....�_
contractor will arrange for all of its sub - contractors to attend the meeting.
6 -1.1 CONTRACT SCHEDULE - NA
After notification of award and before starting any work, the Contractor will
submit a Contract Schedule to the Engineer for review, as required by these
Specifications within fifteen (15) days of award.
6 -1.2 CONTENT OF CONTRACT SCHEDULE
The Contract Schedule, and any updated Contract Schedule, will meet the
following requirements:
1. Schedules must be suitable for monitoring progress of the Work.
2. Schedules must provide necessary data about the time for the
Engineer's decisions. - NA
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. - NA
The Engineer's review of the form and general content of the Contract
Schedule and any updated Contract Schedules is only for the purpose of
determining if the listed requirements are satisfied, nothing more.
6 -1.3 EFFECT OF CONTRACT SCHEDULE
The Contract Schedule, and any updated Contract Schedules, will represent
a practical plan to complete the Work within the Contract Time. Extension of
any schedule beyond the Contract Time will not be acceptable. Schedules
showing the Work completed in less than the Contract may be acceptable if
judged by the Engineer to be practical. Acceptance of such a schedule by
the Engineer will not change the Contract Time. The Contract Time, not the
Contract Schedule, will control in determining liquidated damages payable by
the Contractor and in determining any delay.
If a schedule showing the Work completed in less than the Contract Time is
accepted, the Contractor will not be entitled to extensions of the Contract
Time for Excusable Delays or Compensable Delays or to adjustments of the
Contract- Sum for Compensable Delays until such delays extend the
STANDARD SPECIFICATIONS IkB 4/9/2001
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completion of the Work beyond the expiration of the Contract Time.
The Contractor will plan, develop, supervise, control, and coordinate the
performance of the Work so that its progress and the sequence and timing of
Work activities conform to the current accepted Contract Schedule. The
Contractor will continuously obtain from Subcontractors information and data
about the planning for and progress of the Work and the delivery of
equipment, will coordinate and integrate such information and data into
updated Contract Schedules, and will monitor the progress of the Work and
the delivery of equipment. The Contractor will act as the expeditor of
potential and actual delays, interruptions, hindrances, or disruptions for its
own forces and those forces of Subcontractors. The Contractor will
cooperate with the Engineer in developing the Contract Schedule and
updated Contract Schedules.
The Engineer's review and comments about any schedule or scheduling data
will not relieve the Contractor from its sole responsibility to plan for, perform,
arid complete the Work within the Contract Time. Review and comments
about any schedule will not transfer responsibility for any schedule to the
Engineer or the City nor imply their agreement with (1) any assumption upon
which such schedule is based or (2) any matter underlying or contained in
such schedule.
The Engineer's failure to discover errors or omissions in schedules that have
been reviewed, or to inform the Contractor that the Contractor,
Subcontractors, or others are behind schedule, or to direct or enforce
procedures for complying with the Contract Schedule will not relieve the
Contractor from its sole responsibility to perform and complete the Work
within the Contract Time and will not be a cause for an adjustment of the
Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently
accepted Contract Schedule.
6 -1.4 COMMENCEMENT OF CONTRACT TIME
The Contract Time will commence when the City issues a Notice to Proceed.
The Work will start on the date specified in the Notice to Proceed and within
a maximum of fifteen (15) days after the date of the Notice to Proceed, and
be diligently prosecuted to completion with the time provided in the
Specifications.
6 -4 DEFAULT BY CONTRACTOR
The language in subsection 6 -4 is deleted in its entirety and replaced with
the following subsections.
STANDARD SPECIFICATIONS II-S 41912004
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6 -4.1 GENERAL
Should the Contractor fail to begin delivery of material and equipment, to
commence the Work within the time specified, to maintain the rate of delivery
of material, to execute the Work in the manner and at such locations as
specified, or fail to maintain the Work schedule (as determined by the current
accepted Contract Schedule) which will ensure the City's interest, or if the
Contractor is not carrying out the intent of the Contract, the City may serve
written notice upon the Contractor and the Surety on its Faithful Performance
Bond demanding satisfactory compliance with the Contract.
6 -4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK
The City may terminate the Contractor's control over the Work without
liability for damages when, in the City's opinion, the Contractor is not
complying in good faith, has become insolvent, or has assigned or
subcontracted any part of the Work without the City's consent. Should such
termination occur, the Contractor will be paid the actual amount due based
on Contract Unit Prices or lump sums bid and the quantity and quality of the
work completed and in place at the time of termination, less damages
caused to the City by the Contractor's action or inaction.
In the event of such termination of control, the City may do any one, or
combination of, the following:
Serve written notice upon the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract. In such event
the Surety will, within 5 days, assume control and perform the Work
as successor to the Contractor;
2. The City may perform the Work itself and deduct the cost thereof from
any payment due to the Contractor;
3. The City may replace the Contractor with a different contractor to
complete the work and deduct the cost thereof from any payment due
to the Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional
remedy the City may have under these Contract Documents or applicable
law.
6 -4.3 SURETY'S ASSUMPTION OF CONTROL
Should the Surety assume any part of the Work, it will take the Contractor's
place in all respects for that part, and will be paid by the City for all work
STANDARD SPECIFICATIONS 11-8 0=004
11-B-15
performed by it in accordance with the Contract. If the Surety assumes the
entire Contract, all money due the Contractor at the time of its default will be
payable to the Surety as the Work progresses, subject to the terms of the
Contract.
If the Surety does not assume control and perform the Work within 5 days
after receiving notice of cancellation, or fails to continue to comply, the City
may exclude the Surety from the premises. The City may then take
possession of all material and equipment and complete the Work by City's
forces, by letting the unfinished work to another contractor, or by a
combination of such methods. In any event, the cost of completing the Work
will be charged against the Contractor and its Surety and may be deducted
from any money due or becoming due from the City. If the sums due under
the Contract are insufficient for completion, the Contractor or Surety will pay
to the City within 5 days of completion, all costs in excess of the sums due.
The provisions of this subsection will be in addition to all other rights and
remedies available to the City under applicable law.
6 -6 DELAYS AND EXTENSIONS OF TIME
Subsections 6 -6.1 to 6 -6.4 are deleted and replaced with the following
subsections.
6 -6.1 GENERAL
If delays are caused by unforeseen events beyond the control of the
Contractor, such delays will entitle the Contractor to an extension of time as
provided herein, but the Contractor will not be entitled to damages or
additional payment due to such delays except as otherwise provided herein.
Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter
Scale, government regulation, labor disputes outside the contemplation of
the parties, strikes outside the contemplation of the parties, fires, floods,
changes to the Work as identified herein, or other specific events that may
be further described in the Specifications.
Delays to the project caused by labor disputes or strikes involving trades not
directly related to the project, or involving trades not affecting the project as a
whole will not warrant an extension of time.
The City will not grant an extension of time for a delay by the Contractor's
inability to obtain materials unless the Contractor furnishes to the Engineer
documentary proof. The proof must be provided in a timely manner in
accordance with the sequence of the Contractor's operations and accepted
construction schedule.
STANDARD SPECIFICATIONS II-S 41912004
II -B -16
3325
Should delays be caused by events other than those included herein, the
Engineer may, but is not required to, deem an extension of time to be in the
City's best interests.
6 -6.2 EXTENSIONS OF TIME
If granted, extensions of time will be based upon the effect of delays to the
critical path of the Work as determined by the current accepted Contract
Schedule. Delays to minor portions of the Work that do not affect the critical
path will not be eligible for extensions of time.
6 -6.3 PAYMENT FOR DELAYS TO CONTRACTOR
Any payment for compensable delay will be based upon actual costs as set
forth in Subsection 5 -5 excluding, without limitation, what damages, if any,
the Contractor may have reasonably avoided. The Contractor understands
that this is the sole basis for recovering delay damages and explicitly waives
ady right to calculate daily damages for office overhead, profit, or other
purported loss, using different formulas including, without limitation, the
Eichleay Formula.
6 -6.4 WRITTEN NOTICE AND REPORT
If the Contractor desires payment for a delay or an extension of time, it will
give the Engineer written notice of such request not later than the time limit
set forth in the Proposal for submitting a claim after the event or occurrence
giving rise to a delay claim. Failure to submit a written request within such
amount of time will result in the Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required
by the "Claims" sections of these Specifications.
In no event will the City grant the Contractor an extension of time if the delay
is within the Contract Time as identified by the Contract Documents.
6.72 WORKING HOURS
On workdays, Contractor's activities will be confined to the hours between
7:00 a.m. and 4:00 p.m.
6 -7.4 NIGHT WORK
The following paragraph is added to Section 6 -7 of the SSPWC:
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
STANDARD SPECIFICATIONS I18 Q-11"
11-13-17
3325
the Contractor receives prior written approval.
6.7.5 WEEKEND AND HOLIDAY WORK
The Engineer may, but is not required to, allow the Contractor to work on
Saturdays, Sundays and City Holidays.
6 -8 COMPLETION AND ACCEPTANCE
Subsection 6 -8 is deleted in its entirety and replaced by the following
subsection:
6 -8 COMPLETION AND ACCEPTANCE
The Work will be inspected by the Engineer for acceptance upon the
Engineer receiving the Contractor's written assertion that the Work is
complete.
If, in the Engineer's judgment, the Work is complete and is ready for
acceptance, the Engineer will accept the Work on behalf of the City in the
manner prescribed by the City. The Engineer will recommend approval of
the Notice of Completion to the City Council. This will be the date when the
Contractor is relieved from responsibility to protect the Work.
All work will be guaranteed by the Contractor against defective workmanship
and materials furnished by the Contractor for a period of 1 year from the date
the Work was completed. The Contractor will replace or repair any such
defective work in a manner satisfactory to the Engineer, after notice to do so
from the Engineer, and within the time specified in the notice. If the
Contractor fails to make such replacement or repairs within the time specified
in the notice, the City may perform this work and the Contractor's sureties will
be liable for the cost thereof.
6 -8.1 GENERAL GUARANTY
The Contractor will remedy any defects in the work and pay for any damage
to other work resulting therefrom, which will appear within a period of one
year from the date of final acceptance of the work unless a longer period is
specified. The owner will give notice of observed defects with reasonable
promptness.
6 -9 LIQUIDATED DAMAGES
Subsection 6 -9, Liquidated Damages, of the SSPWC is deleted in its entirety
and replaced by the following subsections.
STANDARD SPECIFICATIONS IFB 41.110011
II -B -18
3 3 2 5 ` 0 . •i
•
6 -9.1 FAILURE TO COMPLETE WORK ON TIME
If all the work called for under the contract is not completed before or upon
the expiration of the Contract Time, the City will sustain damage. Since it is
and will be impracticable to determine the actual damage which the City will
sustain in the event of and by reason of such delay, it is therefore agreed
that the Contractor will pay to the City the sum specified in the Proposal for
each and every calendar day beyond the time prescribed to complete the
work not as a penalty, but as a predetermined liquidated damage. The
Contractor agrees to pay such liquidated damages as are herein provided,
and in case the same are not paid, agrees that the City may deduct the
amount thereof from any money due or that may become due to the
Contractor under the contract.
Unless otherwise specified, liquidated damages will be $250 per calendar
day.
6 -11 DISPUTES AND CLAIMS, PROCEDURE
6 -11.1 GENERAL
Consistent with PCC § 10240.6, "Claim" means a written demand or
assertion by the Contractor that seeks an adjustment or interpretation of the
terms of the Contract Documents, payment of money, extension of time, or
other relief with respect to the Contract Documents, including a
determination of disputes or matters in question between the City and the
Contractor arising out of or related to the Contract Documents or the
performance of the Work, and claims alleging an unforeseen condition or an
act, error, or omission by the City, the Engineer, their agents or employees.
"Claim" does not mean, and the Claims procedures herein do not apply, to
the following:
1. Claims respecting penalties for forfeitures prescribed by statute or
regulations, which a government agency is specifically authorized to
administer, settle, or determine.
2. Claims respecting personal injury, death, reimbursement, or other
compensation arising out of or resulting from liability for personal
injury or death.
3. Claims respecting a latent defect, breach of warranty, or guarantee to
repair.
4. Claims respecting stop notices.
If a Claim is subject to the Change Order procedures, the Claim arises upon
STANDARD SPECIFICATIONS 11.8 .12004
II -B -19
3325 • ;`
the issuance of a written final decision denying in whole or in part the
Contractor's Change Order Request. If a Claim is not subject to the Change
Order Procedures, the Claim arises when the Contractor discovers, or
reasonably should discover, the condition or event giving rise to the Claim.
6 -11.2 FORM
A Claim must include the following:
1. A statement that it is a Claim and a request for a decision.
2. A detailed description of the act, error, omission, unforeseen
condition, event or other condition giving rise to the Claim.
3. If the Claim is subject to the Change Order procedures, a statement
demonstrating that a Change Order Request was timely submitted
and denied.
4. A detailed justification for any remedy or relief sought by the Claim,
including to the extent applicable, the following:
a) If the Claim involves extra work, a detailed cost breakdown
claimed. The breakdown must be provided even if the costs
claimed have not been incurred when the Claim is submitted.
b) To the extent costs have been incurred when the Claim is
submitted, the Claim must include actual cost records
(including, without limitation, payroll records, material and
rental invoices) demonstrating that costs claimed have actually
been incurred.
c) To the extent costs have not yet been incurred at the time the
Claim is submitted, actual cost records must be submitted on a
current basis not less than once a week during any periods
costs are incurred. A cost record will be considered current if
submitted within 7 days of the date the cost reflected in the
record is incurred. At the Engineer's request, claimed extra
costs may be subject to further verification procedures (such
as having an inspector verify the performance of alleged extra
work on a daily basis).
5. If the Claim involves an error or omission in the Contract Documents:
a) An affirmative representation that the error or omission was not
discovered before submitting a bid for the Contract; and
STANDARD SPECIFICATIONS II•S 41M006
II-B-20
3325 • .y'. ^t
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
CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT
SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO
FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL
CONSEQUENCES."
6 -11.3 CLAIMS SUBMITTED TO ENGINEER
Within 30 days after the circumstances giving rise to a Claim occur, the
Contractor will submit its Claim to the Engineer for a decision. Regardless of
any Claim submittal, or any dispute regarding a Claim, unless otherwise
directed by the Engineer, the Contractor will not cause any delay, cessation,
or termination of the Work, but will diligently proceed with the performing the
Work in accordance with the Contract Documents. Except as otherwise
provided, the City will continue to make payments in accordance with the
Contract Documents.
6 -11.4 CLAIM IS PREREQUISITE TO OTHER REMEDY
STANDARD SPECIFICATIONS II -B 4182004
11 -B -21
a-P
The Contractor certifies that it is familiar with PCC § 10240.2 and
understands and agrees that submitting a Claim in accordance with these
Specifications is an express condition precedent to the Contractor's right to
otherwise pursue a claim whether through alternative dispute resolution or by
litigation. Should the Contractor fail to submit a claim in accordance with
these Specifications, including the time limits set forth herein, it will waive any
right to a remedy, whether in law or equity, it might otherwise have pursuant
to the Contract Documents or applicable law.
6 -11.5 DECISION ON CLAIMS
The Engineer will promptly review Claims submitted by the Contractor in
accordance with these Specifications. Should the Engineer require
additional supporting evidence to evaluate the claim, the Engineer will
request such additional information in writing. Any such requested data will
be furnished not later than 10 days after the Contractor receives the
Engineer's request.
The Engineer will render a decision not later than 60 days after either
receiving the Claim or the deadline for furnishing additional supporting data,
whichever is later. If the Engineer fails to render a decision within the time
period established herein, then the Claim will be deemed denied. The
Engineer's decision will be final and binding unless appealed in accordance
with these Specifications.
The Engineer's decision on a Claim will include a statement substantially as
follows:
"This is a decision pursuant to the General Specifications of your contract. If
you are dissatisfied with the decision, and have complied with the procedural
requirements for asserting claims, you may have the right to alternative
dispute resolution or litigation. Should you fail to take appropriate action
within 30 days of the date of this decision, the decision will be come final and
binding and not subject to further appeal."
6 -11.6 APPEAL OF ENGINEER'S DECISION
Should the Contractor dispute the Engineer's decision, then the Contractor
must appeal that decision to the City's Public Works Director within 30 days
of receiving the Engineer's decision.
The Public Works Director will address disputes or claims within 30 calendar
days after receiving such request and all necessary supporting data. The
Public Works Director's decision on the dispute or claim will be the City's
final decision.
STANDARD SPECIFICATIONS II- .41912004
11-13-22
3325
If the Contractor disputes the Public Works Director's decision, then the
Contractor must demand alternative dispute resolution in accordance with
this Section and the PCC within 30 days of the City's final decision.
6 -11.7 MEDIATION
If the City and the Contractor agree, disputes between the parties may be
submitted to non - binding mediation. If the parties cannot agree to an
alternative form of mediation, then mediation will be administered by the
American Arbitration Association ( "AAA ") under its Construction Industry
Mediation Rules, unless the use of such rules are waived by mutual
stipulation of both parties.
The parties may, but are not required to be, represented by counsel in
mediation.
The requirement for mediation will not alter or modify the time limitations
otherwise provided for claims and no conduct or settlement negotiation
during mediation will be considered a waiver of the City's right to assert that
claim procedures were not followed.
6 -11.8 ARBITRATION
If the City and Contractor do not agree to mediation, then a disputes will be
submitted to neutral non - binding (except as provided herein) arbitration.
Arbitration will be conducted in accordance with PCC § 10240.3. Any
decision rendered by an arbitrator will be consistent with PCC § 10240.8.
The exclusive venue for any arbitration will be in Los Angeles County.
The expenses and fees of the arbitrators and the administrative fees, if any,
will be divided among the parties equally. Each party will pay its own counsel
fees, witness fees, and other expenses incurred for its own benefit.
6 -11.9 WHEN ARBITRATION DECISION BECOMES BINDING
The decision rendered by the arbitrator will become binding upon the parties
unless appealed to the Los Angeles County Superior Court pursuant to PCC
§ 10240.12 within 30 days of the decision. If subsequent litigation results in
an award to the party appealing the arbitration that is less than or equal to
that of the arbitration decision, or if the litigation results in a decision in favor
of the nonappealing party, then the party appealing the arbitration will pay
the nonappealing party's attorney's fees and court costs.
6 -11.10 APPEAL TO SUPERIOR COURT• WAIVER OF JURY TRIAL
STANDARD SPECIFICATIONS IIFB 41W2004
II -B -23
3325 .
Should a party timely object to the arbitration decision, it may file a petition
with the Los Angeles County Superior Court in accordance with California
Code of Civil Procedure ( "CCP ") §§ 1285, et seq. Notwithstanding the
limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust
an arbitration award, and enter judgment in accordance with CCP § 1287.4,
for any legal or equitable basis including, without limitation, error of law. The
court will apply the substantial evidence standard of review when considering
the appeal of an objecting party.
BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR
AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE
CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF
THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH
OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE
WITH THIS SECTION 6 -11. BOTH THE CITY AND THE CONTRACTOR
WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR
ISSUES.
7 -2 LABOR
The following subsections are added to Subsection 7 -2 of the SSPWC.
7 -2.3 PREVAILING WAGES
The Contractor will post at appropriate conspicuous points at the site of the
project a schedule showing determinations of the Director of Industrial
Relations of the prevailing rate of per diem wages. It will be the Contractor's
responsibility to obtain copies of the prevailing rate of per diem wages. One
source that may be used is the California Department of Industrial Relations
website which is currently located at www.dir.ca.gov, or by calling the
Prevailing Wage Unit at (415) 703 -4774.
Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning
the employment of apprentices by the Contractor or any subcontractor.
Labor Code § 1777.5 requires the Contractor or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate of
approval. The certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of apprentices
to journeymen in such cases will not be less than one to five except:
a) When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days
before the request for certificate, or
STANDARD SPECIFICATIONS II-B 41012004
1 I -B -24
3325 ,
b) When the number of apprentices in training in the area exceeds a
ratio of one to five, or
c) When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
state -wide or locally, or
d) When the Contractor provides evidence that the Contractor employs
registered apprentices on all of his contracts on an annual average of
not less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established forthe
administration of apprenticeship programs if the Contractor employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
The Contractor and any subcontractor will comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex- officio the Administrator of Apprenticeship, San Francisco, California, or
from the Division of Apprenticeship Standards and its branch offices.
7 -2.4 RECORD OF WAGES PAID: INSPECTION
Every Contractor and subcontractor will keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid
to each worker employed in connection with the Work. The record will be
kept open at all reasonable hours to the inspection of the body awarding the
contract and to the Division of Labor Law Enforcement. If requested by the
City, the Contractor will provide copies of the records at its cost.
7 -3 LIABILITY INSURANCE
Subsection 7 -3, Liability Insurance, of the SSPWC is deleted in its entirety
and replaced by the following subsections.
7 -3.1 GENERAL
Contractor will procure and maintain for the duration of the contract the
following insurance coverages and limits against claims for injuries to
persons or damage to property which may arise from or in connection with
the performance of the work covered by this agreement by the Contractor, its
STANDARD SPECIFICATIONS 1484/9/2004
11 -B -25
agents, representatives, employees or subcontractors:
COVERAGE PER OCCURRENCE ISO FORM
Comprehensive General Liability GL 00 02 01 85 or 88
Business Auto CA 00 01 01 87
Workers' Compensation
3 � ')
COMBINED
SINGLE LIMIT
$z2- ,A6G,GE)@ 11oc�01000
$r2;99$;969
Statutory
Contractor will provide endorsements or other proof of coverage for
contractual liability.
Combined single limit per occurrence will include coverage for bodily injury,
personal injury, and property damage for each accident.
If Commercial General Liability Insurance or other form with a general
aggregate limit is used, the policy will be endorsed such that the general
aggregate limit will apply separately to this contract and a copy of the
endorsement provided to the City.
Liability policies will contain, or be endorsed to contain the following
provisions:
GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
The City, its officers, officials, employees, agents, and volunteers will be
covered as insureds as respects: liability arising out of activities performed
by or on behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The
coverage will contain no special limitations on the scope or protection
afforded to the City, its officers, officials, employees, agents, or volunteers.
The Contractor's insurance coverage will be primary insurance as respects
the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self- insurance maintained by the City, its officers, officials,
employees, agents, and volunteers will be excess of the Contractor's
insurance and will not contribute with it.
Any failure to comply with reporting provisions of the policies will not affect
coverage provided to the City, its officers, officials, employees, agents and
volunteers.
The Contractor's insurance will apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
WORKERS' COMPENSATION:
STANDARD SPECIFICATIONS ILB 41912004
11-B-26
332b .
The insurer will agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City.
ALL COVERAGES:
Each insurance policy required by this subsection will be endorsed to state
that coverage will not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days written notice by
certified mail, return receipt requested, has been given to:
CITY CLERK
City of El Segundo
350 Main Street
El Segundo, CA 90245
Notwithstanding the foregoing, the endorsement may state that insurance
may be cancelled upon ten (10 day notification for non - payment of premium.
The Contractor will provide the City with updated proof of insurance should
the Contract Time extend beyond the policy expiration date.
All liability insurance will be on an occurrence basis. Insurance on a claims
made basis will be rejected. Any deductibles or self- insured retentions will
be declared to and approved by City. The insurer will provide an
endorsement to City eliminating such deductibles or self- insured retentions
as respects the City, its officials, employees, agents, and volunteers.
Except for Workers Compensation Insurance, Contractor will furnish to City
certificates of insurance and endorsements on forms acceptable to the City's
City Attorney, duly authenticated, giving evidence of the insurance coverages
required in this contract and other evidence of coverage or copies of policies
as may be reasonably required by City from time to time.
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.
STANDARD SPECIFICATIONS 11-B 41812004
11-B-27
3325 ' 6
Except as provided in Subsection 6 -10, the Contractor will save, keep and
hold harmless the City, its officers, officials, employees, agents and
volunteers from all damages, costs or expenses in law or equity that may at
any time arise or be claimed because of damages to- property, or personal
injury received by reason of or in the course of performing work, which may
be caused by any willful or negligent act or omission by the Contractor or any
of the Contractor's employees, or any subcontractor. The City will not be
liable for any accident, loss or damage to the work before its completion and
acceptance, except as provided in Subsection 6 -10.
The cost of such insurance will be included in the various items of work in the
Contractor's bid and no additional compensation for purchasing insurance or
additional coverages 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.
7 -3.2 RESPONSIBILITY FOR DAMAGE
In addition to the provisions of Subsection 7 -3 of the SSPWC as between the
City and Contractor, Contractor will take and assume all responsibility for the
work as stated herein or shown on the plans.
The Contractor will bear all losses and damages directly or indirectly
resulting to it, to the City, its officers, employees, and agents, or to others on
account of the performance or character of the work, unforeseen difficulties,
accidents, traffic control, job site maintenance, or any other causes
whatsoever.
The Contractor will assume the defense of and indemnify and save harmless
the City of El Segundo, its officers, employees, and agents, from and against
any and all claims, losses, damage, expenses and liability of every kind,
nature, and description, directly or indirectly arising from the performance of
the contract or work, regardless of responsibility for negligence, and from any
and all claims, losses, damage, expenses, and liability, howsoeverthe same
may be caused, resulting directly, or indirectly from the nature of the work
covered by the contract, regardless of responsibility for negligence, to the
fullest extent permitted by law. In accordance with Civil Code § 2782,
nothing in this Subsection 7 -3.2 or in Subsection 7 -3 of the Standard
Specifications will require defense or indemnification for death, bodily injury,
injury to property, or any other loss, damage or expense arising from the sole
negligence or willful misconduct of the City, or its agents, servants or
STANDARD SPECIFICATIONS 1F8 4/9=04
11-13-28
3325. , J
independent contractors who are directly responsible to the City, or for
defects in design furnished by such persons. Moreover, nothing in this
Subsection 7 -3.2 or in Subsection 7 -3 will apply to impose on the Contractor,
or to relieve the City from, liability for active negligence of the City.
The City does not, and will not, waive any rights against the Contractorwhich
it may have by reason of the aforesaid hold harmless agreements because
of the acceptance by the City, or deposit with City by Contractor, of any
insurance policies described in Subsection 7 -3 of the Standard
Specifications. This hold harmless agreement by the Contractor will apply to
all damages and claims for damages of every kind suffered, or alleged to
have been suffered by reasons of any of the aforesaid operations of
Contractor, or any subcontractor, regardless of whether or not such
insurance policies are determined to be applicable to any of such damages
or claims for damages.
No act by the City, or its representatives in processing or accepting any
plans, in releasing any bond, in inspecting or accepting any work, or of any
other nature, will in any respect relieve the Contractor or anyone else from
any legal responsibility, obligation or liability he might otherwise have.
7 -5 PERMITS
The following paragraph will be added to Subsection 7 -5 of SSPWC:
The Contractor will apply for permits required by the City Building Safety
Division. These permits will be issued on a "no -fee" basis. However, the
Contractor must pay for and obtain all other permits from other governmental
and utility agencies necessitated by their operations.
All bonding fees, (overweight and oversized vehicle permit fees) inspection
permit fees or other fees charged or. required for such permits must be paid
by the Contractor. These costs will be included in the bid item provided. If no
bid item is included, costs will be included in the various items of work, and
no additional payment will be allowed.
7 -8.1 CLEANUP AND DUST CONTROL
Subsection 7 -8.1, Cleanup and Dust Control, of the SSPWC is deleted in its
entirety and replaced by the following subsections.
7 -8.1.1 GENERAL
On any construction project requiring trenching within public streets and for
which total trenching is in excess of 500 feet, the Contractor will be required
to sweep the worksite utilizing a pick -up type street sweeper a minimum of
STANDARD SPECIFICATIONS II-B 4/92004
11-B-29
once daily.
7 -8.1.2 WATERING
Water for the laying of dust caused by Contractor's operations or the
passage of traffic through the work will be applied as necessary or as
directed by the Engineer.
7 -8.6 WATER POLLUTION CONTROL
This section is supplemented by the addition of the following requirements
which establish storm water and urban runoff pollution prevention controls.
(a) Storm or construction generated water containing sediment such as,
construction waste, soil, slurry from concrete /asphalt concrete saw
cutting operations, clean up of concrete transit mixers or other
pollutants from construction sites and parking areas will be retained or
controlled on site and will not be permitted to enter the storm drain
system.
(b) Temporary sediment filtering systems such as sandbags, silt fences,
or gravel berms will be utilized to trap sediment so that only filtered
water enters the City's storm drain system. Proper clean up and
disposal of settled sediment and the filtering system will be the
responsibility of the CONTRACTOR.
(c) Discharge of concrete transit mixer wash water on to approved dirt
areas (sub -grade area designated for new concrete construction for
example) is acceptable. Discharge on to private property, parkway
areas, or the street is not permitted.
(d) Plastic or other impervious covering will be installed where
appropriate to prevent erosion of an otherwise unprotected area,
along with any other runoff control devices deemed appropriate by the
City.
(e) Excavated soil stored on the site will be covered in a manner that
minimizes the amount of sediments running into the storm drain
system, street or adjoining properties.
(f) No washing of construction or other industrial vehicles and equipment
will be allowed adjacent to a construction site. During the rainy
season (October 15 to April 15), Contractor will keep at the
construction site sufficient materials and labor to install temporary
sediment filtering systems and other water pollution prevention control
measures. These control measures will be in place and maintained
STANDARD SPECIFICATIONS II-S 41912004
11-B-30
by the Contractor on a daily basis on days when construction is not in
progress due to rain.
(h) All costs associated with water pollution control will be borne by the
Contractor. Any expense incurred by the City to expeditiously
respond to storm drain contamination resulting from Contractor's
failure to implement water pollution control measures will be charged
to the Contractor.
7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Section 7 -9 is supplemented by the following additional requirements:
Where existing traffic striping, pavement markings, and curb markings are
damaged or their reflectively reduced by the Contractor's operations, such
striping or markings will also be considered as existing improvements and
the Contractor will replace such improvements.
Relocations, repairs, replacements, or re- establishments will be at least
equal to the existing improvements and will match such improvements in
finish and dimensions unless otherwise specified.
7 -10 PUBLIC CONVENIENCE AND SAFETY
Section 7 -10 is supplemented by the following additional requirements:
Unless otherwise specified all traffic control will be performed in accordance
with the Work Area Traffic Control Handbook (WATCH) Latest Edition,
published by Building News, 3055 Overland Avenue, Los Angeles, CA
90034, telephone 310 - 474 -7771.
7 -10.1 TRAFFIC AND ACCESS
The Contractor will notify the occupants of all affected properties at least 48
hours prior to any temporary obstruction of access. Vehicular access to
property line will be maintained except as required for construction for a
reasonable period of time. No overnight closure of any driveway will be
allowed except as permitted by the Engineer.
At least one (1) twelve (12) foot wide traffic lane will be provided for each
direction of travel on all streets at all times except as permitted by the
Engineer. The traffic lanes will be maintained on pavement, and will remain
unobstructed. All work requiring that a lane be closed or a lane moved right
or left will be noticed to the traveling public by use of City approved lighted
arrow boards.
STANDARD SPECIFICATIONS 14 8 1/912 004
II-B-31
Clearances from traffic lanes will be five feet to the edge of any excavation
and 2 feet to the face of any curb, pole, barricade, delineator, or other
vertical obstruction.
One four (4) foot wide paved pedestrian walkway will be maintained in the
parkway area on each side of all streets. The clearance from the pedestrian
walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will
be protected from all excavations, material storage, and /or obstructions by
the placement of an adequate number of lighted barricades (minimum two
(2)) at each location, one (1) at each end of the obstruction or excavation),
which will have flashing lights during darkness. Barricades will be Type I or
Type II per Section 7 -3 and lights will be Type A per Section 7 -6 of the "Work
Area Traffic Control Handbook" (WATCH).
7 -10.2 STREET CLOSURES DETOURS BARRICADES
Street closures will not be allowed except as specifically permitted by the
Engineer.
The Contractor will prepare any traffic control or detour plans that may be
required as directed by the Engineer. Lane transitions will not be sharper
than a taper of thirty (30) to one (1).
Temporary traffic channelization will be accomplished with barricades or
delineators. Temporary striping will not be allowed unless specifically
permitted by the Engineer. The Contractor will prepare any plans that may be
required for temporary striping to the satisfaction of the Engineer. In no event
will temporary striping be allowed on finish pavement surfaces, which are to
remain.
Where access to driveway or street crossings need to be maintained,
minimum 1 1/4 inch thick steel plating will be used to bridge the trench. All
steel plating will have temporary asphalt concrete 1:12 minimum sloped
ramps to assist vehicles to cross comfortably over the plates and have a
non -skid surface. Plates subject to vehicle high traffic speeds and in
residential areas will be secured by welding at the discretion of the Engineer.
7 -10.5 PROTECTION OF THE PUBLIC
It is part of the service required of the Contractor to make whatever
provisions are necessary to protect the public. The Contractor will use
foresight and will take such steps and precautions as his operations warrant
to protect the public from danger, loss of life or loss of property, which would
result from interruption or contamination of public water supply, interruption
of other public service, or from the failure of partly completed work or partially
removed facilities. Unusual conditions may arise on the Project which will
STANDARD SPECIFICATIONS 11.8 4IB/2004
B -32
11 -
3325 . -%Z "M 1
require that immediate and unusual provisions be made to protect the public
from danger or loss of life, or damage to life and property, due directly or
indirectly to prosecution of work under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against
which the Contractor has not taken sufficient precaution for the public safety,
protection of utilities and protection of adjacent structures or property, which
may be damaged by the Contractor's operations and when, in the opinion of
the Engineer, immediate action will be considered necessary in order to
protect the public or property due to the Contractor's operations under this
contract, the Engineer will order the Contractor to provide a remedy for the
unsafe condition. If the Contractor fails to act on the situation immediately,
the Engineer may provide suitable protection to said interests by causing
such work to be done and material to be furnished as, in the opinion of the
Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and
expense of such repairs as are deemed necessary, will be borne by the
Contractor. All expenses incurred by the City for emergency repairs will be
deducted from the progress payments and the final payment due to the
Contractor. Such remedial measures by the City will not relieve the
Contractor from full responsibility for public safety.
7 -15 HAZARDOUS MATERIAL
The following Subsection will be added to Section 7 of the SSPWC:
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 Il, or Class III disposal site in
accordance with provisions of existing law, 2) subsurface or latent physical
conditions at the site differing from those indicated, or 3) unknown physical
conditions at the site of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in work of the
character provided for in the Contract Documents.
After receiving notice from the Contractor, the Engineer will promptly
investigate any condition identified by the Contractor as being hazardous.
The rights and obligations of the City and the Contractor with regard to such
conditions (including, without limitation, the procedures for procuring change
orders and filing claims) will be specified by the provisions of Subsection 3 -4
(Changed Conditions) of the SSPWC.
If a dispute arises between the City and the Contractor whether the
STANDARD SPECIFICATIONS 11.8 4/9/2004
II -B -33
conditions materially differ, involve hazardous waste, or cause a change in
the Contractor's cost or time required for performance of the work, the
Contractor will not be excused from any scheduled completion date provided
for by the contract, but will proceed with all work to be performed under the
contract. The Contractor will retain all rights provided by Subsection 3 -5,
Disputed Work, of the SSPWC.
If the Engineer determines that material called to the Engineer's attention by
the Contractor is hazardous waste, or if the Engineer otherwise discovers the
existence of hazardous waste, the Contractor will be responsible for removal
and disposal of the hazardous waste by qualified personnel and appropriate
equipment in the manner required by law as directed by the Engineer,
subject to the provisions of Section 3 (Changes in Work) of the SSPWC.
9 -2 LUMP SUM WORK
Subsection 9 -2, Lump Sum Work, of the SSPWC is deleted in its entirety
arid replaced by the following:
Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will
be paid for at the price indicated in the Proposal. Such payment will be full
compensation for all costs for labor, equipment, materials and plant
necessary to furnish, construct and install the lump sum item of work,
complete, in place, and for all necessary appurtenant work, including, but not
limited to, all necessary cutting, patching, repair and modification of existing
facilities, and clean up of site.
Contractor will furnish three copies of a detailed schedule, which breaks
down the lump sum work into its component parts and cost for each part, in a
form and sufficiently detailed as to satisfy Engineer that it correctly
represents a reasonable apportionment of the lump sum. This schedule is
subject to approval by Engineer as to both the components into which the
lump sum item is broken down, and the proportion of cost attributable to
each component.
This schedule will be the basis for progress payments for the lump sum work.
9 -3.2 PARTIAL AND FINAL PAYMENTS
The text of Subsection 9 -3.2 of the Standard Specifications is hereby deleted
and replaced with the following:
The closure date for the purpose of making partial progress payments will be
the last working day of each month. The Contractor will prepare the partial
payment invoice with measurement of the work performed through the
closure date and submit it to the CITY for approval.
STANDARD SPECIFICATIONS II -B V.2004
11-13-34
3325 • .'
When work is complete, the Contractor will determine the final quantities of
the work performed and prepare the final progress payment, and submit it to
the Engineer for approval.
It will take a minimum of thirty -five (35) calendar days from the date of
approving the Contractor's invoice to make the payment to the Contractor.
However, payments will be withheld pending receipt of any outstanding
reports required by the contract documents, or legal release of filed Stop
Payment Notices against the Contractor. In addition, the final progress
payment will not be released until the Contractor returns the control set of
Plans and Specifications showing the as -built conditions.
The full ten percent (10 %) retention will be deducted from all progress
payments. The Contractor will make a payment request for the retained
amount, for approval by the City, upon field acceptance of the work by the
City Engineer. The City Engineer upon field acceptance and receipt of the
final as -built plans and any other reports or documents required to be
provided by the Contractor will process a recommendation to the City Council
for acceptance of the work. Not less than thirty -five (35) calendar days from
the City Council acceptance of the work, the Contractor's final payment will
be made provided Stop Payment Notices or other claims have not been filed
against the Contractor and /or the City by material suppliers, sub - contractors,
other governmental agencies, and private property owners. Until these Stop
Payment Notices are released and claims are resolved the stop
payment/claim amount will be withheld from the final payment.
The Contractor, however, may receive interest on the retention for the length
of construction, or receive the retention itself as long as the retention is
substituted with escrow holder surety or equal value.
At the request and expense of the Contractor, surety equivalent to the
retention may be deposited with the State Treasurer, or a State or Federally
chartered bank, as the escrow agent, who will pay such surety to the
Contractor upon satisfactory completion of the contract.
Pursuant to PCC § 22300, the Contractor may substitute securities for
retention monies held by the City or request that the City place such monies
into an escrow account. The Contractor is notified, pursuant to PCC §
22300, that any such election will be at the Contractor's own expense and
will include costs incurred by the City to accommodate the Contractor's
request.
Progress payment paid by the City as contemplated herein, will be contingent
upon the Contractor submitting, in addition to any additional documents, an
updated Contract Schedule in the form prescribed by these Contract
STANDARD SPECIFICATIONS IIFB 4/9/2004
II-B-35
3325
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.
9 -3.3 DELIVERED MATERIALS
Materials and equipment delivered or stored, but not incorporated into the
work, will not be approved for progress payments.
100 -1 TERMINATION OF AGENCY LIABILITY
Before receiving final payment, the Contractor will execute a Release on
Contract" form which will operate as, and will be a release to the City, the
City Council, and each member of the City Council and their agencies, from
all claims and liability to the Contractor for anything done or furnished for, or
reiating 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.
STANDARD SPECIFICATIONS II -B 1192001
II -B -36
332
SECTION III — SPECIAL PROVISIONS
A. STANDARDS
All work shall be performed in accordance with the Standard Specifications for
Public Works Construction, 2003 edition, including supplements thereto,
American Public Works Association Standard Plans for Public Works
Construction, the City of El Segundo Public Works Department Specifications for
Sidewalks, Curb and Gutters, and Driveway Approaches, and the City of El
Segundo Engineering Division Specifications for Removal and Replacement of
Surface Improvements within Public Right -of -way, unless otherwise shown on
the plans, or as specified herein.
2. All work shall be permitted in accordance with the California Uniform Plumbing
Code as specified herein.
3. Strict compliance with State and local safety codes will be enforced.
B. EXAMINATION OF JOB SITE
The CONTRACTOR shall make a detailed physical inspection of the site before
submitting his proposal. It is understood that the CONTRACTOR has satisfied himself
regarding existing conditions and existing access conditions which may affect bid prices
for the proposed work.
C. INSPECTION
On all questions relating to quantities, the acceptability of material, or work, the
execution, progress or sequence of work, and the interpretation of specifications
or plans, the decision of the Engineer is final and binding, and shall be precedent
to any payment under the contract.
2. All work and materials are subject to inspection and approval of the Engineer.
3. Legible copies of material /weight certification shall be turned over to the
inspector on a daily basis.
4. Inspection of the work shall not relieve the CONTRACTOR of the obligations to
fulfill all conditions of the contract.
D. TRAFFIC CONTROL
The CONTRACTOR shall place and maintain signs, cones, barricades with
blinking amber lights, flagmen, detour signs, and other traffic control devices in
conformance with the "WATCH" manual, latest edition, and as directed by the
Engineer.
111 -A -1
332 5
2. Streets shall be kept open for traffic at all times.
E. PEDESTRIAN SAFETY
Pedestrians shall be protected from all excavations 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 shall have flashing lights during
darkness. Barricades shall be Type 1 or Type II per Section 7 -3 and lights shall be Type
A per Section 7 -6 of the "Work Area Traffic Control Handbook" (WATCH).
F. USE OF PRIVATE PROPERTY
The use of any private property by the CONTRACTOR is prohibited. The prohibited
uses include, but not limited to, CONTRACTOR'S use of water, electricity or natural gas
from the private property, and storage of material or equipment and turning around/
parking of his vehicles on private property.
G. WORK SCHEDULE
1. Hours of work shall be limited to 7:00 a.m. through 5:00 p.m., weekdays only,
unless otherwise specified.
H. METER BOXES
The CONTRACTOR shall make adjustments to meter boxes and electrical pull boxes to
match new grade. Cost of this work shall be included in the bid.
I. PROTECTION OF EXISTING IMPROVEMENTS
1. Existing public and /or private improvements, adjacent property, utility and other
facilities and trees and plants that are not to be removed shall be protected from
injury or damage as provided for in Subsection 7 -9 of Part 1 of Standard
Specifications.
2. Any pavement, curb, or sidewalk removed shall be reconstructed by the
CONTRACTOR at his own expense and no additional compensation will be
allowed.
J. DISPOSAL OF REMOVALS
All removed materials shall become the property of the CONTRACTOR and shall be
legally disposed of by him away from the site of work.
Note: There are no authorized dump facilities within the City of El Segundo.
332
K. WASHING OF CONCRETE TRANSIT MIXERS
Concrete transit mixers shall not be washed out on alleys, streets, or parking lots. Also
refer to Section 7 -8.6 Water Pollution Control (II -B -7) for additional requirements.
L. SURFACE RESTORATION
Permanent restoration of surface improvements shall be completed no later than five (5)
calendar days after completion of the repair.
M. REPAIRS, REPLACEMENTS AND CLEANUP
The CONTRACTOR shall repair at his own expense any damage any property of
the City, or of adjacent private property caused by him in the performance of the
work.
2. Materials and equipment shall be removed from the site as soon as they are no
longer necessary. Upon completion of the work and before final inspection, the
entire worksite shall be cleared of equipment, unused materials, and rubbish so
as to present a satisfactory clean and neat appearance.
3. Work will not be approved until proper cleanup is accomplished.
4. All cleanup costs shall be absorbed in the CONTRACTOR'S bid.
111 -A -3