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CONTRACT 3900 Public Works Contract CLOSED3900 . * J PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND SIGN SOURCE, INC. This CONTRACT is entered into this 20th day of January, 2009, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and SIGN SOURCE, INC. ( "the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed one hundred nine thousand nine hundred fifty dollars and five cents ($109,950.05) 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 by September 30, 2009 (the "Contract Time. ") _r 3900 • . ":" B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third - party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 2 -r 3900 • :i 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City Dana Greenwood, Public Works Director City of El Segundo 350 Main Street El Segundo, CA 90245 Attn.: Lauren Mahakian, Sen. Admin. Analyst The Contractor John C Mearns, President SignSource, Inc 1610 E. McFadden Ave Santa Ana, CA 92705 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other 3 3900.. ;1 party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. BUSINESS LICENSE. Unless waived in accordance with El Segundo Municipal Code, the Contractor and all sub - contractors must obtain a City Business License before executing this Contract. 16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 17. 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. 18. 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. 19. 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. 20. 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. 21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 0 3900•,: 22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OFiEL SEGUNDO; Jack W City M ager ATTEST: By:— Cind ortesen City Clerk APPROVED MARK D. HE al Ki(rl H. 'Berger, Assistant City i EY l CONTRACTOR: Jo C. Mearns PWsident SignSource, Inc Taxpayer ID Number: 33- 0856675 Contractor State License Number: 770028 -C1, C42, C45 Contractor City Business License Number: 3900. OP ID AcORD CERTIFICATE OF LIABILITY INSURANCE SIGNS- DATE (MMIDDI " 01/26/09 ABOVE FORTHE POLICY THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION PRODUCER BOSWELL INS AGENCY ( #OA96080) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CONTRACTOR OTHER DOCUMENT WITH POLICIES DESCRIBED HEREIN IS SUBJECT HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Agents & Brokers, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4648 BEEN REDUCED BY PAID CLAIMS. ..... ... Mission Viejo CA 92690 Bart Esterle Phone:949- 855 -0430 Fax:949 -837 -5528 INSURERS AFFORDING COVERAGE NAIC0 INSURED INSURER A: Golden >t le ineusasae CoaVany _ .... ......... .............. . .... .. ,. TE INSURER 8: omplayarm compensation ins co 31 source, Inc. EeHalradd INSURER C: -- 1(�,p Santa Ana CA 0705 INSURER D: --7—_ — PREMISES (A INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY BY THE CONTRACTOR OTHER DOCUMENT WITH POLICIES DESCRIBED HEREIN IS SUBJECT RESPECT TO WHICH TO ALL THE TERMS, THIS CERTIFICATE MAYBE EXCLUSIONS AND CONDITIONS ISSUED OR OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ..... ... Bart Esterle _ _... ........... _ ....................... INSINDO LTR iNS ' TYPE OF INSURANCE POLICY NUMBER DA D TE LIMITS EACH OCCURRENCE 31 000 i GENERAL LIABILITY }•...__. COMMERCIAL GEIERALLIABILrTY I CBP8446383 06/ 01/08 0/01/09 1,999 100100 PREMISES (A i } CLAIMS MADE X OCCUR MED EXP (Any one PWWn) _ .�__ S 10,000 ..................... . `--- PERSONAL 6 ADV INJURY $1, 000 , 000 GEN ERAL AGGREGATE s_2 000,9_0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG ._ _..._..__ ...................... S 21000 000 $1,000,000 POLICY JECT 177 LOC I AUTOMOBILE LIABILITY 1 COMBINED SINGLE LIMB (Eaaccident)^ A ANY AUTO CBP8446383 } 06/01/08 06/01/09 , •� I I ALL OWNED AUTOS j BODILY INJURY (Perperaon) SCHEDULED AUTOS 13C. HIRED AUTOS BODILY INJURY (Per accldent) : $ : WON-OWNED AUTOS l ^� l PROPERTY DAMAGE (Per aceleent) S GARACELIABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG, j ANY AUTO 1$ _ S EXCESSMMSRELLA LtABlUTY I 06/01/09 EACH OCCURRENCE :, $ i L900, 0.. OOO AGGREGATE A X !OCCUR CLAIMSMADE CBP8446383 06/01/08 511000, DEDUCTIBLE i � — WC STATU iX RETENTION $10,000 S X TORY LIMITS WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY RIG106301301 (CA) 12/30/08 12/30/09 �$ 1 .1_.. O0O !. 000 E.L.EACHACCIDENT B : ANY PROPRIETOWPARTNEWEXECUTIVE B OFFICERIMEMBEREXCLUDED? EIG107091401 (OR) ! 12/30/08 12/30/09 S_11000r0_00 ! E.L. DISEASE - EA EMPLOYEE; Nyss,dasrAbeunder SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT ; $ 1 000 000 OTHER A !Property Section (CBP8446383 06/01/08 06/01/09 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENpORSEMENT 1 SPECIAL PROVISIONS for non - payment. The City of El Segundo,its *10 Days notice of cancellation officers, officials, employees, agents and volunteers are included as Additional Insured, but only as respects to operations of the insured under written contract with the insured per Additional Insured forms CG2010(7/04) and CG2037(07/04) attached. Insurance is Primary and Non - Contributory per CERTIFICATE HOLDER CITYO -5 - SHOULDANY OFTHEABOVE DEWRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of El Segundo DATE THEREOF, THE 188UING INSURER WILL daM0Q MAIL 30* DAYSWRITTEN Attn : Louis Morales, Project NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, w-kT FA"R**a4G4Q4NA Ar Consultant 350 Main Street�� El Segundo CA 90245 AUTHORIZEDREPRES11 Bart Esterle dDACORD CORPORATION 1988 ACORD 25 (2001/08) 3900 • ..4 GECG827A(11 797) and 17- 59(06/94) attached. Re: Wayfnding signage. 3900 • ...,.J POLICY NUMBER: CBP8446383 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations The City of El Segundo, Its Re: Wayfinding Signage Officers, Officials, employees, Per attached contract document.- agents and volunteers Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to Include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply; This Insurance does not apply to "bodily injury" or "property damage" occurring after; 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to Its in- tended use by any person or organization other then another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 3900 POLICY NUMBER: CBP8446383 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or nization a : Location And Description Of Completed Operations The City of E1 Segundo, Its Re: Wayfinding Signage officers, Officials, employees, agents and volunteers Per attached contract documents Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described In the sched- ule of this endorsement performed for that additional insured and Included In the "products - completed operations hazard ". CG 20 37 07 04 C 180 Properties, Inc., 2004 Page 1 of 1 p 3900 .." PRIMARY IINSURANCE ENDORSEMENT Policy No. Cnp gdAr,,;RZ THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies the following policy coverage forms: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FOR;18 Endorsement No. (If Issued after the effective date): Endorsement Effective: (At 12:11 A C]IS mrd Tine) Named Insured: Signsouce Inc. The insurance provided by this policy for the benefit of the Additional Insured showy In the Schedule shall be primary insurance as specifically described In: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CO 0001 Section IV Commercial General Liability Conditions, 4. Other Insurance a. Primary Insurance SCHEDULE Name of Person or Organization: The City of E1 Segundo, Its officers, officials, employees, agents and volunteers GE CO 527A(11-97) Re: Wayfinding Signage Per attached contract documents 3900 ..y Go deti Eagle ENDORSEMENT h1J$tIl' uce. Forming a part of Policy Number: CBP8446383 _ Coverage Is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Agent Signsouce Inc. I 9OSWELL INSURANCE AGENCY AGENT Agent Code: 4295038 Agent Phone: (949)- 855 -0430 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART NONCONTRIBUTORY CLAUSE OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHCYVN IN THE SCHEDULE SHALL BE EXCESS AND NONCONTRIBUTORY WITH THE INSURANCE PROVIDED BY THIS POLICY, BUT ONLY AS RESPECTS ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF THE ONGOING OPERATIONS OF THE NAMED INSURED OR ITS SUBCONTRACTORS; AND ONLY IF SUCH CLAIM, LOSS OR LIABILITY IS DETERMINED TO BE SOLELY THE NEGLIGENCE OR RESPONSIBILITY OF THE NAMED INSURED, SCHEDULE NAME OF PERSON OR ORGANIZATION: The City of E1 Segundo, Its officers, officials, employees, agents and volunteers RE: Wayf_inding S.ignage Per attached contract documents 17 -59 (08/94) 8367602 NEUSXCOC1612 PGDM0600 414640 GC :AFPPN 00008703 Page E335806 3900 .. This page is part of your document - DO NOT DISCARD - ��y pF IOS,�hO 20090255336 • t' �� Pa es: k II 00g07 I i III III III II IIIII IIII IIII i IIII IIII I IIIII III IIIII IIII IIII IIII + +' + Recorded /Filed in Official Records Recorder's Office, Los Angeles County, �C California x o�uFOa�`�'x 02/24/09 AT 11:19AM FEES: 26.00 TAXES: 0.00 OTHER: 0.00 PAID: 26.00 LEADSHEET 200902240010077 00000082734 m�wmmwaMiu�u SEQ: 02 DAR Counter (Hard Copy) II�OQH��WIIAYMMNRIIWW�II�mNAI� IY��'P��NINM'��Ib�GI�VYQ9��Nly THIS FORM IS NOT TO BE DUPLICATED RECORDING REQUESTED BY r WHEN RECORDED MAIL TO NAME = �•^� `j J r' `' MAILING CITY, STATE= ^► '� 'q ` 1 °-� ZIP CODE c �� O m 3000 .1 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) 2 -35u" ND i 3000. BOND NUMBER: 1000821567` BOND PREMIUM: $3,199.00 FAITHFUL PERFORMANCE BOND Bond No. 1000821567 Bond Fee: $3,199.00 SIGNSOURCE, INC. ( "PRINCIPAL ") and AMERICAN CONTRACTORS INDEMNITY COMPANY a corporation incorporated under the laws of the State of CALIFORNIAnd 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 surn of * 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. PW 08 -17, and the public works contract executed with such Specifications. In the case of any default in.the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 08 -17, a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year.following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). * ONE HUNDRED NINE THOUSAND NINE HUNDRED FIFTY DOLLARS AND FIVE CENTS ( $109,950.05) Speolice0om— Pr0)ecWM Feihlul Pertormence Bond (1109) -E -1 3960. 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 08 -17 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and, 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 20TH day of (ik--� PRI IPAL's PRESIDENT `Z� PRINCI AL's SECRETARY PRINCIPAL's MAILING ADDRESS: JANUARY ,2009 Nr I�QlC A Qa�r4Z a PAUL S. DITO, ATTORNEY -IN -PACT SU E 's PRESIDENT SURETY's SECRETARY SURETY's MAILING ADDRESS: 625 THE CITY DRIVE SO 1130 ORANGE. CA 92868 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. SpecM elons— ProjoMM F.MNI PMorma eBond (1101) I -E -2 3 90 0 0 - . 0 0 r :�.�s,:.a,a.>� <,,:� <�s c,:..�at S;c�e�s . • s, �: c,:. c�: �ssaS, s�S ,aas,ca,aas,�e,�a�,.��.,�.,sa� ,� �S, �t,:. S, �« t „?�c�s,:..,- aS,�•,�.,zat,,,�.,� State of California County of Orange On JANUARY 20, 2009 before me, Chris Theveny, Notary Public Date Here Insert Name and Title of the Officer personally appeared Paul S. Dito Name(s) of Signer(s) CHRIS THEVENY Commission # 1747107 Notary Public - California y Z 1r',°y��°j�1 Orange County My Comm. Ex res Njk 2, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and ( WITNES: Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond No 1000821567 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Paul S. Dito ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General x[79 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 14800- 876 -6827 3900 (eol � � � � � �•r -�c,. • . . YsT;,:�S,r�.4,: �S�C,= a. ,�T.,��S,�S,�a�..�aT,.z�T,�.,�i sue. a1 T,.•�. z��T,_c�T,� c�., �., �C ,z�S,�caS��.Y.s�.tt�- •.��a -,7Z �5�•,�3,��,.�T,?aT,T. .�.,�T �. State of California County of On If '(�� 4°t before me, Nth' o' f�G Here Insert Name and Title of the Officer Date ,� �1 'vim personally appeared jok � C '�` ` '� ^� G* nA Name(si of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that �pNN,y AW404HAFFEE he /she /they executed the same in his /her /their authorized Commission t 1790268 capacity(ies), and that by his /her /their signature(s) on the Notary Pub#C - C011110fffla instrument the person(s), or the entity upon behalf of Ofonpe County which the person(s) acted, executed the instrument. MVCWm&pMwF8b7.2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h n ficial eal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: C U ---0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JO�v% C• M-eA/nS , (�tv� ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of G� Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -W- i000gz15-6 -7 RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 American Contractors Indemnity Company 9841 Airport Blvd., 9" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 3900.... That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, . Erik Johansson, Paul S. Dito, Paula LaSalle, Denise Renderos or Freddy Anvari of Orange, California its true and lawful Attomey(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S * * ** *3,000,000.00 * * * ** This Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the a day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 2nd day of January, 2008. �wpcto,� AMERICAN CONTRACTORS INDEMNITY COMPANY wmua�ano STATE OF CALIFORNIAu 110 § § By.- -- COUNTY OF LOS ANGELES Adam S. Pessin, President On this 2nd day of January, 2008, before me, Deborah Reese, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Cglon i 112621, i tuft" "20 - COUMV ift" Signature r� �/�'` "' (Seal) LOS I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS SHEREOF, l,hove hereunto s,& my hand this 20TH day of JANUARY , 2009 . Bond No. 1000811 SfrT Jeann J. Kim, Co orate ecretary Agency No. 9007 Rev. p0A01t010 A AL E535806 3900. This page is part of your document - DO NOT DISCARD LEADSHEET 200902240010077 00000082733 ��awreMawHm SEQ: 01 DAR Counter (Hard THIS FORM IS NOT TO BE DUPLICATED iMwo�mmui�m�w�wiMUimMwu� 20090255335 � Pages: f } I 007 ♦ + Recorded /Filed in Official Records { Recorder's Office, Los Angeles County, California x C�41FO *x 02/24/09 AT 11:19AM FEES: 26.00 TAXES: 0.00 OTHER: 0.00 PAID: 26.00 LEADSHEET 200902240010077 00000082733 ��awreMawHm SEQ: 01 DAR Counter (Hard THIS FORM IS NOT TO BE DUPLICATED iMwo�mmui�m�w�wiMUimMwu� RECORDING REQUESTED BY WHEN RECORDED MAIL TO NAME �'7v-'� C MAILING ` �) o �- CITY, STATE4�;'D-"`"'�N (')" ZIP CODE 9 1-1 Q�� 3900 • ; ;10)-- SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) L cN 9, c-) a- IN *�3 v-*-*) IZq � C c-� 39 0.0 . BOND NUMBER: 1000821567 V i BOND PREMIUM: INCLUDED IN PRICE OF PERFORMANCE BOND. I LABOR AND MATERIALS BOND Bond No. 1000821567 Bond Fee: INCLUDED IN PRICE OF PERFORMANCE BOND SIGNSOURCE, INC. , as principal ( "PRINCIPAL ") and AMERICAN CONTRACTORS INDEMNITY COMPANY 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 * 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 s SPECIFICATIONS NO. PW 08 -17( "Public Project "), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 08- 17,and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles, which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project; and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). * ONE HUNDRED NINE THOUSAND NINE HUNDRED FIFTY DOLLARS AND FIVE CENTS ( $109,950.05) 5. SURETY, for value received, agrees that no changes, extensions of time, alteration ,p.dkod..- PMJ*.t,„ -, LaborMdsd.bBmd (1103) I -F -1 3900•.` 1. or modification of SPECIFICATIONS NO. PW 08 -17, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 20TH day of JANUARY 2009 Je4i::� 6k4� I�P� PAUL S. DITO, ATTORNEY- IN -FAC PR N IPAL's PRESIDENT SURE s PRESIDENT AA 's SECRETARY SURETY's SECRETARY SURETY's MAILING ADDRESS: 625 THE CITY DRIVE SO. #130 ORANGE, CA 92868 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. LABOR AND MATERNLS BOND FF -Z (0047102) I-1--2 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On JANUARY 20, 2009 before me, Chris Theveny, Notary Public Date Here Insert Name and Title of the Officer personally appeared Paul S. Dito Name(s) of Signer(s) .. CHRIS THEVENY Commission # 1797107 t :asri➢e Notary Public -California z Orange County My Comm. Explres l`Ajy 2, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and WITNEE Signatur OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond No 1000821567 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Paul S. Dito ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General y4n Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER ---------- - 02007 National Notary Association - 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876.6827 3900 • , -j CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of DY&LAq On ` 01 before me, /'r' ► 5o)-,. N • CkRq, _, NQ � PC± I I►� Date Here Insert Name and Title of the Officer personally appeared G • M-e n S CIC4 v.� ( n &_j4" Name(s) of S�gnarls) ALISONN.W2001X CHAFM Commission # 1790268 Notary Public - California Orange County - ��0b 7.2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d an offi , sea Signature nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document i 0 O 01821 5_`l0_7 Document Date: L 2,0- O Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:O�A C- f `U✓KS . C,14wA ,'1 ❑ Individuals -ice ❑ Corporate Officer —Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of . here @2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 • 3900 , ' American Contractors Indemnity Company 9841 Airport Blvd., 9`" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Erik Johausson, Paul S. Dito, Paula LaSalle, Denise Renderos or Freddy Anvari of Orange, California its true and lawful Attorney(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ * * ** *3,000,000.00 * * * ** This Power of Attorney shall expire without further action on March 18, 2011 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6`s day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon she Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 2nd day of January, 2008. eT-, AMER ICAN CONTRACTORS INDEMNITY COMPANY STATE OF CALIFORNIA §COUNTY OF LOS ANGELES § By :' Adam S. Pessin, President On this 2nd day of January, 2008, before me, Deborah Reese, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. compasman i n62t t t ,awa1,1'�,xo - cauomk+ � Signature , ie e -g -" (Seal) Lee 06 COUMV I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither e said Power of Attorney no the resolution have been revoked and they are now in fall force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 20TH day of JANUARY , 2009. Bond No. 100082156 Jeann J. Kim, Co orate ecretary Agency No. 9007 _ Rev. POA711401M CITY OF EL SEGUNDO CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR Wayfinding Signage PROJECT NO.: PW 08 -17 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 TELEPHONE 310 - 524 -2300 FACSIMILE 310 - 640 -0489 3900 - 1. PRINTED ON RECYCLED PAPER 3900•6,,;j BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, January 13, 2009 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED TABLE OF CONTENTS SECTION I - LEGAL A. NOTICE INVITING SEALED BIDS B. INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORMS 2. PROPOSAL GUARANTEE 3. DELIVERY OF PROPOSAL 4. WITHDRAWAL OF PROPOSALS 5. IRREGULAR PROPOSALS 6. TAXES 7. DISQUALIFICATION OF BIDDERS 8. DISCREPANCIES AND MISUNDERSTANDINGS 9. LEGAL RESPONSIBILITIES 10. AWARD OF CONTRACT 11. AWARD OF ALTERNATE BIDS 12. PREVAILING WAGES AND PAYROLL RECORDS C. PROPOSAL 1. BID FORM 2. BIDDER'S INFORMATION 3. PROPOSAL GUARANTEE BID BOND 4. CONTRACTOR'S LICENSE DECLARATION 5. NON - COLLUSION AFFIDAVIT 6. CERTIFICATION (WORKER'S COMPENSATION) 7. DESIGNATION OF SUBCONTRACTORS 8. REFERENCES D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT E. FAITHFUL PERFORMANCE BOND F. MATERIAL AND LABOR BOND NASPECS.MS1ICONTENTS.1 (02111/02) 3900 • . ' PAGE I -A -1,2 I -B -1,2,3 I -B -1 I -B -1 I -B -1 I -B -1 I -B -1 I -B -2 I -B -2 I -B -2 I -B -2 I -B -3 I -B -3 I -B -3 I -C -1 THROUGH I -C -11 I -C -1,2,3 I -C -4, 5 I -C -6 I -C -7 I -C -8 I -C -9 I -C -10 I -C -11 D —1 through D - 5 I -E -1 I -F -1 TABLE OF CONTENTS SECTION II - GENERAL REQUIREMENTS A. GENERAL SPECIFICATIONS 1. SCOPE OF WORK 2. TIME FOR COMPLETION 3. STANDARD SPECIFICATIONS 4. REGISTRATION OF CONTRACTORS 5. NOTIFICATIONS 6. EMERGENCY INFORMATION 7. FURNISHING OF WATER 8. CALIFORNIA - OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 9. SOUND CONTROL 10. AIR POLLUTION CONTROL 11. WORKER UNIFORMS B. STANDARD SPECIFICATIONS SPECIFICATIONS- PROJECTSIPW03 -00 CONTENTSII (02107/07( 3900 • s.,j PAGE II- A- 1,2,3,4 II-A-1 II -A -1 II-A-1 II-A-1 II-A-2 II-A-2 II-A-3 II-A-3 II-A-3 II-A-3 II-A-3 II -13-1 THRU 11 -B -36 3900 TABLE OF CONTENTS SECTION III — Wayfindina Sianaae Documents A. MESSAGE SCHEDULE WAYFINDING SIGNAGE AND GRAPHICS BID DOCUMENTS NASPECS.MSMONTENTS 111 (03/11/02) 3900 • .'-9A NOTICE INVITING SEALED BIDS FOR THE WAYFINDING SIGNAGE IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 08 -17 PUBLIC NOTICE IS HEREBY GIVEN that the City of El Segundo invites sealed bids for the above project and will receive such bids in the offices of the City Clerk, 350 Main Street, El Segundo, California 90245, up to the hour of 11:00 a.m. on: TUESDAY, January 13, 2009 at which time they will be publicly opened. Copies of the Plans, Specifications, and Contract Documents are available from the Engineering Division of the Public Works Department, City of El Segundo, 350 Main Street, El Segundo, California, 90245. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City of El Segundo will deduct a ten percent (10 %) retention from all progress payments as specified in Section 9 -3.2 of these Specifications. The CONTRACTOR may substitute an escrow holder surety of equal value to the retention and the CONTRACTOR shall be beneficial owner of the surety and shall receive any interest thereon. The City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. continued on next page........ I -A -1 NASPECS.MST \PW .IA1 (03/05/02) 3900 ..• my In entering into a Public Works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR, or SUB - CONTRACTOR, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed envelope plainly marked on the outside: "SEALED BIDS FOR SPECIFICATIONS NO.: PW 08 -17 IN THE CITY OF EL SEGUNDO WAYFINDING SIGNAGE DO NOT OPEN WITH REGULAR MAIL" The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an amount no less than ten percent (10 %) of the amount bid for the base contract. No bid will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the State Business and Professions Code. For this project, those acceptable classes of license shall be legal to practice this particular craft in the State of California. The successful CONTRACTOR and his SUB - CONTRACTORS will be required to possess Business Licenses from the City of El Segundo. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of sixty (60) calendar days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written contract has been duly executed by the appropriate officer(s) of the City of El Segundo. BY ORDER OF the City of El Segundo, California. I -A -2 NASPECS.MST IA2 (02- 26 -02) Cindy Mortesen City Clerk City of El Segundo INSTRUCTIONS TO BIDDERS PROPOSALFORMS 3900 .." I Bids shall be submitted in writing on the Proposal forms provided by the City of El Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the bidders. Bidders are required to submit one (1) original set and one (1) copy of the proposal forms. All information requested therein must be clearly and legibly set forth in the manner and form indicated. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a bid bond payable to the City of El Segundo in the amount not less than ten percent (10 %) of the total base contract amount bid. Any proposal not accompanied by such a guarantee will not be considered for contract award. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City of El Segundo. Following award of the contract, the proposal guarantees of all non - awardees will be released. The proposal guarantee of the successful bidder will be held until that bidder has properly executed all contract documents and the City Officials have executed the contract. DELIVERY OF PROPOSAL The Proposal shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BIDS FOR THE WAYFINDING SIGNAGE IN THE CITY OF EL SEGUNDO — PW 08 -17 DO NOT OPEN WITH REGULAR MAIL ". Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to insure delivery of the proposal to the hands of the City of El Segundo's designated official prior to the bid opening time stipulated in the Notice Inviting Sealed Bids. Late proposals and /or facsimile proposals will not be considered. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids by a written request signed by the bidder. Such requests must be delivered to the City of El Segundo's official designated to receive the bids on the project. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. IRREGULAR PROPOSALS Unrequested /unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. I -B -1 NASPECS.MST (04- 16 -02) BD 3900.: TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, City Business License, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code. DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submissions of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the City of El Segundo and clarified prior to the submission of proposals. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws related to bids for contracts of this nature whether the same is expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith. I -B -2 NASPECS.MST 62 (02- 28 -02) 3900. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder determined solely by the City of El Segundo. Additionally, the City of El Segundo reserves the right to reject any or all proposals, to waive any irregularity, and take the bids under advisement for a period of sixty (60) calendar days, all as may be required to provide for the best interests of the City of El Segundo. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. AWARD OF ALTERNATE BIDS If the bid proposal contains a base bid and additive or deductive alternate bid items, the City reserves the right to award or reject any, all, or a combination of alternate bids. The lowest responsible bidder will be determined based on the scope of the contract awarded by the City. PREVAILING WAGES AND PAYROLL RECORDS CONTRACTOR and subcontractors shall be required to comply with all applicable provisions of the State Labor Code. CONTRACTOR and subcontractors shall pay the minimum prevailing rates of per diem wages as determined by the State Department of Industrial Relations. A copy of the most recent prevailing rates are on file at the Engineering Division, 350 Main Street, El Segundo, CA 90245, which will be made available for inspection to any interested party on request. CONTRACTOR and subcontractors shall keep accurate payroll records. Upon request by the CITY, a certified copy of these records shall be furnished to the CITY or its authorized representative. Some federal fund projects are also required to comply with Federal Davis -Bacon Act wage requirements. If there is a conflict between the state wages and the federal wages, the higher of the wage rates for any particular classification shall apply. I -B -3 NASPECS.MST 83 (02- 28 -02) 3900.. PROPOSAL WAYFINDING SIGNAGE IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 08 -17 TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and /or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I -C -1 NASPECS.MST IC1 (02- 28 -02) 3900 • . ~. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 NASPECS.MST IC2 (02- 28 -02) 3900 CITY OF EL SEGUNDO - BID SHEET WAYFINDING SIGNAGE PROJECT NO.: PW 08 -17 ITEM NO. ESTIMATED QUANTITIES DESCRIPTION UNIT PRICE IN FIGURES AMOUNT 1 JOB Installation of signage per plan and specifications $ $ TOTAL BID = $ TOTAL BID WRITTEN IN WORDS I -C -3 NASPECS.MST\BIDSHEET.MST (02- 28 -02) BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) Business Address Telephone No. Facsimile No. State Contractor's License No. and Class Original Date Issued Expiration Date 3900 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and /or corporate officers having principal interest in this proposal: The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and /or fictitious business names for any principal having an interest in this proposal are as follows: I -C -4 N: \SPECS.MST (02/28/02) 3900 . IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this day of , 20_ BIDDER Subscribed and sworn to this day of , 20_ NOTARY PUBLIC I -C -5 N:MPECS.MSTIPW JCG (07124/01) 3000 • . PROPOSAL GUARANTEE BID BOND WAYFINDING SIGNAGE IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 08 -17 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($ ), which is ten (10 %) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20 BIDDER* SURETY* Subscribed and sworn to this day of , 20 NOTARY PUBLIC Provide BIDDER /SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. I -C -6 NASPECS.PRMW JC6 (02- 11 -02) 3900•-.: CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: 120 3. BIDDER'S acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on , 20_, at (insert City and State where Declaration is signed). Signature Typed Name: Title: Name of Bidder: I -C -7 NASPECS.MST (02- 25-02) State of California ) ss. County of ) 3900•,;" NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID , being first duly sworn, deposes and say that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Name of Bidder Typed Name Title I -C -8 N1SPECS.PRACURB RAMPS.ICS (02- 28 -02) Date 39®0 • ,... CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his /her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: ) Dated this day of '20 I -C -9 NASPECS.MST (02- 25 -02) 3 .00 0 0 • . ,# DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one -half of one percent (1/2 of 1 %) of the bid and to procure materials and equipment from suppliers and vendors as follows: NAME, ADDRESS AND PHONE NUMBER OF SUBCONTRACTORS, SUPPLIERS, AND VENDORS I -C -10 NASPECS.MST (02/25/02) PORTION OF WORK, MATERIALS, OR EQUIPMENT 3000 . e.. REFERENCES The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past two (2) years: 1. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 3. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? I -C -11 (Page 1 of 2) 39 0 0 4. Project Title: Location: Name and address of owner: Name and telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract: $ Did your firm have any financial interest in Project ? 5. Project Title: Location: Name and address of owner: Name and telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract: $ Did your firm have any financial interest in Project ? The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I -C -11 (Page 2 of 2) N:\SPECS.PRJ \CURB RAMPS I- C -11 (03112102) 3900. PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND This CONTRACT is entered into this day of , 20 , by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within 30 working days (the "Contract Time. ") B. The Contract Time will commence when the City issues a notice to 3900. proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third - party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and 2 3000 limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City The Contractor City of El Segundo 350 Main Street El Segundo, CA 90245 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 3 3900 • .. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Ventura County. 15. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal Code § 110.03(B), the Contractor and all sub - contractors must obtain a City Business License before executing this Contract. 16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 17. 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. 18.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. 19. 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. 20. 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. 21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 4 3900 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: CONTRACTOR: Jack Wayt, City Manager ATTEST: Cindy Mortesen City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Karl H. Berger, Assistant City Attorney 5 Taxpayer ID Number: Contractor State License Number: Contractor City Business License Number: FAITHFUL PERFORMANCE BOND Bond No. Bond Fee: 3900 a ] ( "PRINCIPAL ") and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of DOLLARS, 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. PW 08 -17, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 08 -17, a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). Specificabons — Projects \PW Faithful Performance Bond (//09) I -E -1 39 0 0 . ,,. 1A 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 08 -17 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: all 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. Specifications - ProjectsTW Faithful Performance Bond ( I /03) I -E -2 3900 • ,' :! LABOR AND MATERIALS BOND Bond No. Bond Fee: , as principal ( "PRINCIPAL ") and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of DOLLARS, 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 s SPECIFICATIONS NO. PW 08 -17( "Public Project "), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 08- 17,and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles, which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor 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 Specifications — Projects \PW Labor Materials Bond ( I103) I—F_1 3900 • , ",� or modification of SPECIFICATIONS NO. PW 08 -17, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: 20 SURETY's PRESIDENT SURETY's SECRETARY SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. LABOR AND MATERIALS BOND I -F -2 (0627102) I_F_2 3 0 0 0 .' " 11 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: Installation of Signage per Plan and Specifications. 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 30 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. II -A -1 SPECIFICATIONS -CITY ATTORNEY- REVISEMSECTION II- II -A -1 (07108102) 3900 • ,. 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 Start of work, shutdown of work, or resumption of work after shutdown Closing of streets Street striping OFFICE Public Works/ Engineerina Division: Dana Greenwood, Director of Public Works Dan Garcia, Assistant City Engineer El Segundo Police Department ** El Segundo Fire Department ** Street Maintenance Division TELEPHONE 310- 524 -2334 310- 524 -2345 310- 524 -2200 310- 524 -2236 310- 524 -2709 Water / Sewer / Storm Drain Work James Turner /Gil Busick / Ron Fajardo 310 - 524 -2742 ** The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 1. Underground Service Alert (all excavation in public right -of -way) - 800 - 227 -2600 2. City of El Segundo - Water/Wastewater Division 310- 524 -2742 3. City of El Segundo - Recreation and Parks 310 - 524 -2707 4. Southern California Gas Company 310 - 671 -9002 5. Southern California Edison Company (SCE) 310 - 417 -3366 6. Pacific Bell 310 - 515 -4430 7. Time Warner Communication (Cable) 310 - 768 -0400 Extension 414 8. Los Angeles County Sanitation District 310 - 699 -7411 9. El Segundo Unified School District 310 - 615 -2650 EMERGENCY INFORMATION The names, addresses and telephone numbers of the CONTRACTOR and subcontractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 11 -A -2 SPECIFICATIONS - PROJECTMPW 03 -11 II -A -2 (10- 21 -04) _, - ., OJ FURNISHING OF WATER Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of Three Hundred Dollars ($ 300.00) to insure against damage to a 2' /Z' Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the CONTRACTOR upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the CONTRACTOR, all or any part of said deposit may be retained by the City. CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION All work performed under this contract will be done in strict compliance with the Cal -OSHA Rules and Regulations, latest edition. SOUND CONTROL The CONTRACTOR will comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. AIR POLLUTION CONTROL The CONTRACTOR is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. WORKER UNIFORMS All workers under the employment of the CONTRACTOR or his /her SUBCONTRACTOR will wear an orange vest or an orange shirt while working in the public right -of -way. II -A -3 SPECIFICATIONS -CITY ATTORNEY- REVISEMSECTION II- II -A -3 (07108102) U0 •.,.., 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 (07- 08 -02) II -B -1 1 -3 1 -3.1 3900 • .VIII 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, including time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. State Standard Specifications - State of California Standard Specifications, 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 -B (07- 08 -02) 11-13-2 39 0 0 I WATCH Work Area Traffic Control Handbook SPPWC 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 Not later than the date designated in the current Contract Schedule submitted by the Contractor, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. 2 -1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS. The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 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 -B (07- 08 -02) 11-13-3 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 II -8 (07- 08 -02) II-B-4 3 £ 0 0 • .� 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. 2. The current accepted Contract Schedule. 3. Shop Drawings, Product Data, and Samples. 4. Approved permits from other agencies, including Cal -OSHA permits for trench shoring. 5. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there are no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2 -5.2 PRECEDENCE OF 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 II -B (07- 08 -02) 11 -13-5 30o. 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 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 STANDARD SPECIFICATIONS II -0 (07- 08 -02) 11-13-6 3900 • 4 :1 2 -9.3.1 CONSTRUCTION SURVEYING The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2 -9.3.2 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3 -3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3 -3.2.2 (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3 -3.2.3 MARKUP 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 II -B (07- 08 -02) II-B-7 3 -3.3 3 -4 3900 • , Ills 1) Labor ......... .............................20 2) Materials .... .............................15 3) Equipment Rental ...................15 4) Other Items and Expenditures 15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. (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. 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. 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 -B (07- 08 -02) 11-13-8 Changed conditions will include, without limitation, the following: Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 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: 1. The information is made available for the Bidders' convenience and is not a part of the Contract. 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. 3. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. 3 -5 DISPUTED WORK Subsection 3 -5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications. Although not to be construed as proceeding under STANDARD SPECIFICATIONS II -B (07- 08 -02) II -B -9 3900 - le 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 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 II -8 (07- 08 -02) II -B -10 (� '71 ;►' of V � s ,3 -.1 4 -1.6 TRADE NAMES OR EQUALS Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal ". For the City's consideration of a proposed "equal" item, the Bidder will submit, a minimum of ten (10) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item ". At a minimum, the submitted documentation will include: Written request with explanation of why the product should be considered as an equal product. Material specifications. Technical specifications. Test data. Samples. Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days before the date of the bid opening. Failure to submit all required documentation and /or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. 5 -2 PROTECTION The following subsection is added to Subsection 5 -2 of the 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 II -8 (07- 08 -02) 11-B-1 1 3 9 0 0 • ..: 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: 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 II -B (07- 08 -02) II -B -12 contractor will arrange for all of its sub - contractors to attend the meeting. 6 -1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) days of award. 6 -1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6 -1.3 EFFECT 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 II -B (07- 08 -02) 11-B-13 3900 - ,I i4e, 1 . completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. The Engineer's failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6 -1.4 COMMENCEMENT OF CONTRACT TIME 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 -B (07- 08 -02) II -B -14 3900 • ,': 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 II -S (07- 08 -02) 11-B-15 3900 . ,'"M 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 -B (07- 08 -02) II -B -16 3 9 0 0 ..3 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 any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6 -6.4 WRITTEN NOTICE AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6.72 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 II -B (07- 08 -02) II -B -17 3900. 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 II -B (07- 08 -02) II -B -18 3900 • @J 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: 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 II -S (07- 08 -02) II -B -19 39 0 0 • ,,..,j the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. if a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. 6 -11.2 FORM A Claim must include the following: A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. 3. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: 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 -B (07- 08 -02) II -B -20 3 tip , . 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 (07- 06 -02) II -B -21 3000. ,; 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 -8 (07- 08 -02) 11 -B -22 3900.,.E 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 II -B (07- 08 -02) II -B -23 3900 . ,I.1 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 (07- 08 -02) 11 -B -24 3900 -._4 b) When the number of apprentices in training in the area exceeds a ratio of one to five, or c) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7 -2.4 RECORD OF WAGES PAID: INSPECTION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 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 II -B (07- 08 -02) II -B -25 agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE ISO FORM Comprehensive General Liability CG 20 10 11 85 or 88 Business Auto CA 00 01 01 87 Workers' Compensation 3900 • III COMBINED SINGLE LIMIT $2,000,000 $2,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. 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. STANDARD SPECIFICATIONS II -B (07- 08 -02) II -B -26 3900 • '1a WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10 day notification for non - payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self- insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self- insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. 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 II -8 (07- 08 -02) II -B -27 3900..1A 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, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7 -3.2 or in Subsection 7 -3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole STANDARD SPECIFICATIONS II -B (07- 08 -02) II -B -28 3 9 0 0 . 44 ,0,1 negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7 -3.2 or in Subsection 7 -3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7 -3 of the 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 STANDARD SPECIFICATIONS II -8 (07- 08 -02) II -B -29 7 -8.1.2 7 -8.6 39 00 • . :yl to sweep the worksite utilizing a pick -up type street sweeper a minimum of once daily. WATERING Water for the laying of dust caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. WATER 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. (fl 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 STANDARD SPECIFICATIONS II -S (07- 08 -02) II -B -30 30 0 0 - $I 9, measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Section 7 -9 is supplemented by the following additional requirements: Where existing traffic striping, pavement markings, and curb markings are damaged or 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 II -B (07- 08 -02) II -B -31 3900 - .�.� 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 I I 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 STANDARD SPECIFICATIONS II -B (07- 08 -02) 11-B-32 removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 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. STANDARD SPECIFICATIONS II -S (07- 08 -02) II -B -33 3900 . ,;A If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3 -5, Disputed Work, of the 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 and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9 -3.2 PARTIAL AND FINAL PAYMENTS The text of Subsection 9 -3.2 of the Standard Specifications is 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 STANDARD SPECIFICATIONS II -B (07- 08 -02) 11-13-34 3900 • Olt closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty -five (35) calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. The full 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 STANDARD SPECIFICATIONS II -B (07- 08 -02) II -B -35 3900 . ," J updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. 9 -3.3 DELIVERED MATERIALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. 100 -1 TERMINATION OF AGENCY LIABILITY Before receiving final payment, the Contractor will execute a Release on Contract" form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9 -3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. STANDARD SPECIFICATIONS 11 -B (07- 08 -02) II-B-36 0 RYDER COMMUNICATIONS GROUP Vehicular -Sign Schedule DRAFT 3 12.02.08 SIGN # A1-01 SIGN FACES: West LOCATION: On Grand center median 9' east of Concord SIGN TYPE: Secondary Gateway SIGN MESSAGE: WELCOME DOWNTOWN EL SEGUNDO ESTABLISHED 1917 " w n Z1.1 NOTES: • 4' wide signage City of El Segundo Vehicular-Sign Schedule. — 3rd Draft 12.02.08 Page: 2 of 30 RYDER COMMUNICATIONS GROUP SIGN # Al-03 SIGN FACES: North LOCATION: On Main, west side (Center of curbside planted area) 39' south of Mariposa SIGN TYPE: Secondary Gateway SIGN MESSAGE: WELCOME DOWNTOWN ELSEGUNDO ESTABLISHED 1917 NOTES: • 4' wide signage ................................................................... SIGN # Al-04 SIGN FACES: South NOTES: • 4' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo Vehicular-Sign Schedule — 3rd Draft 12.02.08 Page: 3 of 30 40 SIGN # B1-01 SIGN FACES: East LOCATION: On Grand Ave., north side 6' east of first driveway east of Main SIGN TYPE: Primary Directional SIGN MESSAGE: -;► Police Fire NOTES: • 3' wide signage ............................................................. ............................... SIGN # B1-02 SIGN FACES: North /South, back to back LOCATION: On Main, west side, 51' north of fire dept. driveway SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing South Sign facing North -� Police E- Police Fire F Fire NOTES: • 3' wide signage • Double -sided sign RYDER COMMUNICATIONS GROUP City of El Segundo Vehicular -Sign Schedule — 3rd Draft 12.02.08 Page: 4 of 30 SIGN # B2-01 SIGN FACES: East LOCATION: On El Segundo Blvd., north side 120' East of Eucalyptus SIGN TYPE: Primary Directional SIGN MESSAGE: Public Parking -� Recreation Park NOTES: • 3' wide signage SIGN # B2-02 SIGN FACES: West LOCATION: On El Segundo Blvd., south side 18' east of Chevron Gate 2 west of Eucalyptus SIGN TYPE: Primary Directional SIGN MESSAGE: ,(—Public Parking F Recreation Park NOTES: • 3' wide signage City of El Segundo 1 Vehfcular-Sign Schedule — 3rd Draft 12.02.08 RVDER COMMUNICATIONS GROUP Page,: 5 Of 30 SIGN # B2-03 SIGN FACES: East /West back to back LOCATION: On Grand, north side 36' east of Eucalyptus SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing East Sign facing West Public Parking E- Public Parking Recreation F Recreation Park Park NOTES: • Replace existing sign and pole • 3' wide signage • Double -sided sign .................................... ............................... SIGN # B2-04 SIGN FACES: South LOCATION: On Eucalyptus, east side 105' south of Grand NOTES: • 3' wide signage RYDER COMMUNICATIONS GROUP City Of El Segundo Vehicular -Sign Schedule — 3rd Draft 12.02.08 Page: 6 of 30 i I SIGN # B3-01 SIGN FACES: South LOCATION: On Main, east side 114' south of Pine SIGN TYPE: Primary Directional SIGN MESSAGE: T Library Recreation Park NOTES: • 3' wide signage SIGN # B4-01 SIGN FACES: South LOCATION: On Main, east side 102' south of Mariposa SIGN TYPE: Primary Directional SIGN MESSAGE: <- Library F Public Parking NOTES: • 3' wide signage %.) • RYDER COMMUNICATIONS GROUP City of El Segundo 1 WhICular-Sign Schedule — 3rd Draft ( 12.02.08 Page: 7 of 30 SIGN # C1-01 SIGN FACES: North LOCATION: On Sepulveda, west side 198' north of Mariposa SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Downtown NOTES: • Existing pole • 4' wide signage SIGN # C1 -02 SIGN FACES: North LOCATION: On Sepulveda, west side 120' north of Grand SIGN TYPE: Primary Directional SIGN MESSAGE: -+ Civic Center 4 Public Parking -+ Downtown NOTES: • 4' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo V@hiCUldl''SIC]n Schedule - 3rd Draft 12.02.08 Page: 8 Of 30 SIGN # C1 -03 SIGN FACES: East LOCATION: On Grand, north side 114' east of Sepulveda SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Downtown NOTES: • 4' wide signage .. ............................... SIGN # C1 -04 SIGN FACES: South U 0 s 5 NOTES: • Existing pole • 4' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo Vehicular-Sign Schedule — 3rd Draft. j 12.02.08 ; Page: 9 of 30 I SIGN # C1-05 SIGN FACES: East LOCATION: On El Segundo Blvd., north side 66' east of Illinois SIGN TYPE: Primary Directional SIGN MESSAGE: 1' Civic Center T Public Parking 1` Downtown NOTES: • 3' wide signage .............................. SIGN # C1-06 SIGN FACES: East SIGN MESSAGE: 11 Civic Center T Public Parking T Downtown NOTES: • 3' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo Vehiculir -Slgn Schedule - 3rd Draft 12.02.08 i Page: 10 of 30 SIGN # Cl-07 SIGN FACES: North LOCATION: On Sepulveda, west side 108' north of El Segundo Blvd. SIGN TYPE: Primary Directional SIGN MESSAGE: -+Civic Center -+ Public Parking -+ Downtown NOTES: • Existing pole • 4' wide signage .......................... SIGN # Cl-08 SIGN FACES: East LOCATION: On El Segundo Blvd., north side 30' east of Lomita 3900 • ...i NOTES: • 3' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo I Vehiculir-Sign Schedule — 3rd Draft 12.02.08 Page: 11 of 30 SIGN # C4-01 SIGN FACES: East LOCATION: On Grand, center median 18' east of 1st light pole west of Eucalyptus SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Beach NOTES: • 3' wide signage SIGN # C1 -10 SIGN FACES: East LOCATION: On Pine, north side 15' west of Eucalyptus SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Downtown NOTES: • Replace existing pole and sign • 3' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo 1 Vehicular -Sign Schedule — 3rd Draft 12.02.08 1 Page: 12 of 30 SIGN # C1 -11 SIGN FACES: West LOCATION: On Imperial Hwy., south side, west of Main 30' west of end of stone wall SIGN TYPE: Primary Directional SIGN MESSAGE: 4 Civic Center -+ Public Parking -+ Downtown NOTES: • 4' wide signage .......................... SIGN # C1 -12 SIGN FACES: West NOTES: • 3' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo VehICUlar-Sign Schedule - 3rd Draft 12.02.08 Page: 13 of 30 SIGN # C1-13 SIGN FACES: East LOCATION: On Mariposa, north side 57' west of 1st driveway east of Sepulveda SIGN TYPE: Primary Directional SIGN MESSAGE: F Civic Center E- Public Parking F- Downtown NOTES: • 4' wide signage SIGN # C1 -14 SIGN FACES: North LOCATION: On Sepulveda, west side 24' south of 909 Sepulveda parking - garage entrance (south of Imperial) SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Downtown NOTES: • 4' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo Vehicular -Sign Schedule - 3rd Draft 12.02.08 Page: 14 of 30 I SIGN # C1-15 SIGN FACES: South LOCATION: On Sepulveda, center median south of El Segundo Blvd. adjacent 4th light pole on east side SIGN TYPE: Primary Directional SIGN MESSAGE: E -Civic Center *-Public Parking *- Downtown NOTES: • 4' wide signage .......................... SIGN # C1-16 SIGN FACES: East NOTES: • 4' wide signage • Replace existing pole RVDER COMMUNICATIONS GROUP City of El Segundo �/P.fliCUidr -Sign Schedule — 3rd Draft 12.02.08 ( Page: 15 Of 30 SIGN # C1-17 SIGN FACES: East LOCATION: On Imperial Hwy., center median at Main SIGN TYPE: Primary Directional SIGN MESSAGE: 4— Civic Center 4— Public Parking F Downtown NOTES: • 4' wide signage • Replace existing sign ... ............................... SIGN # C1 -18 SIGN FACES: West 3900 NOTES: • 4' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo Vehicular-Sign Schedule - 3rd Draft 12.02.08 i Page: 16 of 30 SIGN # C1-19 SIGN FACES: East LOCATION: On El Segundo Blvd., north side 120' east of Sepulveda SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center 1' Public Parking T Downtown NOTES: • 4' wide signage SIGN # C1 -20 SIGN FACES: West LOCATION: On Imperial Hwy., south side 126' east of Hyperian Gate A SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Downtown NOTES: • 4' wide signage RYDER COMMUNICATIONS GROUP City of Fl Segundo 1 Vehicular -Sign Schedule — 3rd Draft ! 12.02.08 Page: 17 of 30 SIGN # C1-21 SIGN FACES: East LOCATION: On Imperial Hwy., center median 93' east of Sepulveda SIGN TYPE: Primary Directional SIGN MESSAGE: F Civic Center F- Public Parking F Downtown NOTES: • 4' wide signage SIGN # C1 -22 SIGN FACES: North LOCATION: On Vista del Mar, west side 288' north of Grand SIGN TYPE: Primary Directional SIGN MESSAGE: F- Civic Center +-Public Parking F Downtown NOTES: • Existing pole • 4' wide signage 3900 - 41161 City of El Segundo ! Ve.hia lar-Sign Schedule - 3rd Draft 12.02.8 Page: 18 of 30 RYDER COMMUNICATIONS GROUP SIGN # C1 -23 SIGN FACES: North LOCATION: On Vista del Mar, west side 75' north of Imperial Hwy SIGN TYPE: Primary Directional SIGN MESSAGE: *-Civic Center F Public Parking F Downtown NOTES: • 4' wide signage ........................................................................... ............................... SIGN # C1-24 SIGN FACES: South LOCATION: On Vista del Mar, east side 204' south of Grand SIGN TYPE: Primary Directional SIGN MESSAGE: 4 Civic Center Public Parking Downtown NOTES: • 4' wide signage RYDER COMMUNICATIONS GROUP Clay of El Segundo VPfIIClllar'$Ign Schedule — 3rd Draft 12.02.08 Page: 19 of 30 SIGN # C2-01 SIGN FACES: North LOCATION: On Main, west side 150' north of Mariposa SIGN TYPE: Primary Directional SIGN MESSAGE: T Police T Fire Library NOTES: • Existing pole • 3' wide signage ... ............................... SIGN # C3-01 SIGN FACES: West LOCATION: On Grand., south side 33' west of Main NOTES: • Replace existing pole and sign • 3' wide signage RYDER COMMUNICATIONS GROUP City of El Segundo VehICUlar-Sign Schedule - 3rd Draft 12.02.08 Page: 20 of 30 is SIGN # D1-01 SIGN FACES: North /South, back to back LOCATION: On Main, west side 60' south of Mariposa SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing North Sign facing South D1-02 4 Public Parking F Public Parking NOTES: • Double -sided sign • 3' wide signage 3 8 0 0 • �J 7 SIGN # D1-02 SIGN FACES: East /West back to back O Pubtic Parking LOCATION: On Pine, south side 11' west of Guaymas k SIGN TYPE: Primary Directional ` �. SIGN MESSAGE: Sign facing East Sign facing West tea, •'° F- 4— Public Parking 4 Public Parking NOTES: • Double -sided sign • 3' wide signage City of El Segundo I Vehicular -Sign Schedule — 3rd Draft 12.02.08 Page: 21 of 30 RYDER COMMUNICATIONS GROUP SIGN # D1-03 SIGN FACES: North /South, back to back LOCATION: On Eucalyptus, west side 28' north of Grand SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing North Sign facing South -3, Public Parking F Public Parking NOTES: • Replace existing sign and pole • Double -sided sign • 3' wide signage SIGN # D1-04 SIGN FACES: O North /South, back to back LOCATION: On Richmond, east side 99' north of Franklin SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing North Sign facing South E— Public Parking Public Parking NOTES: • Double -sided sign • 3' wide signage City of El Segundo i Vehicular -Sign Schedule — 3rd Draft 12.02.08 Page: 22 of 30 RYDER COMMUNICATIONS GROUP SIGN # D1-05 3900 SIGN FACES: North /South, back to back LOCATION: on Eucalyptus, east side 81 ' north of Grand SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing North Sign facing South np F Public Parking Public Parking NOTES: • Double-sided sign • 3' wide signage ............................... .............................................................. SIGN # D1-06 SIGN FACES: East /West, back to back LOCATION: on Grand, center median 7' east of Richmond SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing East Sign facing West F- Public Parking Public Parking NOTES: • Existing pole • Remove existing sign • Double -sided sign • 3' wide signage 0 RYDER COMMUNICATIONS GROUP I City of El Segundo Vehicular -Sign Schedule — 3rd Draft 12.02.08 Page: 23 of 30 SIGN # D1-07 SIGN FACES: North /South, back to back LOCATION: On Main, north side of parking lot driveway at 418 - 420 Main SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing North Sign facing South ............................................................................................. ............................... E- Public Parking Public Parking NOTES: • Double-sided sign • 3' wide signage ................................................... ............................... SIGN # D1-08 SIGN FACES: South LOCATION: On Grand, south face of Parking structure near Richmond SIGN TYPE: Pin Letters SIGN MESSAGE: PUBLIC PARKING NOTES: • 1' high Pin Letters • Replace existing sign and restore stucco finish 0 RYDER COMMUNICATIONS GROUP City of El Segundo Vehicular -Sign Schedule - 3rd Draft 1 12.02.08 1 Page: 24 of 30 SIGN # D1-09 SIGN FACES: East /West, back to back LOCATION: On Grand, east side of driveway entering parking structure East of Richmond Ave. SIGN TYPE: Primary Directional SIGN MESSAGE: Sign facing East Sign facing West n Public Parking F Public Parking NOTES: • 3' wide signage • Double -sided sign SIGN # E1 -01 SIGN FACES: South LOCATION: On Main, east side 140' south of Grand SIGN TYPE: Primary Directional SIGN MESSAGE: T Police T Fire F Beach *-Public Parking NOTES: • Existing pole • Remove existing sign • 3' wide signage City of El Segundo Vehicular-Sign Schedule - 3rd Draft 12.02.08 Page: 25 of 30 RYDER COMMUNICATIONS GROUP SIGN # E2-01 SIGN FACES: West LOCATION: On Grand, south side 111' west of Virginia SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Recreation Park NOTES: • 3' wide signage ......................... SIGN # E2-02 SIGN FACES: North J000•.a NOTES: • 3' wide signage City of El Segundo Vehicular -sign Schedule — 3rd Draft 12.02.08 RYDER COMMUNICATIONS GROUP Page: 26 of 30 SIGN # E3-01 SIGN FACES: North LOCATION: On Main, west side (763 Main) 42' south of Maple SIGN TYPE: Primary Directional SIGN MESSAGE: 1' Civic Center T Public Parking 1' Downtown T Library NOTES: • 3' wide signage .................................................. ............................... SIGN # E3-02 SIGN FACES: East LOCATION: On Mariposa, north side 120' east of Main SIGN TYPE: Primary Directional SIGN MESSAGE: *-Civic Center +-Public Parking +-Downtown T Library NOTES: • Existing light pole • 3' wide signage City of El Segundo VehfCUlar -Sign Schedule — 3rd Draft 12.02.08 Page: 27 Of 30 RYDER COMMUNICATIONS GROUP SIGN # E4 -01 SIGN FACES: West LOCATION: On El Segundo Blvd., south side 30' west of stop sign at Main SIGN TYPE: Primary Directional SIGN MESSAGE: *-Civic Center *-Public Parking E— Downtown E- Police / Fire NOTES: • 3' wide signage SIGN # E5-01 SIGN FACES: East LOCATION: On El Segundo Blvd., north side 57' east of Main SIGN TYPE: Primary Directional SIGN MESSAGE: 4 Civic Center -+ Public Parking -+ Downtown 4 Beach NOTES: • Replace existing pole and sign • 3' wide signage RVDER COMMUNICATIONS GROUP City of El Segundo VehICUlar-Sign Schedule — 3rd Draft 12.02.08 Page: 28 of 30 SIGN # E4-03 SIGN FACES: East LOCATION: On Grand, north side 111' west of Lomita SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Downtown T Police / Fire NOTES: • 3' wide signage .............................. SIGN # E4-04 SIGN FACES: East SIGN MESSAGE: T Civic Center T Public Parking % Downtown T Police / Fire NOTES: • Existing light pole • 3' wide signage RVDER COMMUNICATIONS GROUP City of El Segundo �, Vehicular-Sign Schedule — 3rd Draft i 12. 02.08 { Page: 29 of 30 SIGN # E4-05 SIGN FACES: North LOCATION: On Main, west side Grass strip by curb at 935 Main SIGN TYPE: Primary Directional SIGN MESSAGE: T Civic Center T Public Parking T Downtown T Police / Fire NOTES: • 3` wide signage ..i J U D - _.j *Add RYDER COMMUNICATIONS GROUP City of El Segundo Vehicular -Sign Schedule — 3rd Draft 12.02.08 1 Page: 30 of 30 0 w w w° U Z 0. 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LL J w W a W z �� a z O� z U 0 0 ? p U�¢ O PZZQ _ W ?i U U J W ZO J m m4J 3p 0O wino 3 w �v~- i0¢ua. 11 z Q 2 z w z Q K LL Q al o ZO Po 2? aOam w 281 O Qw w = U p ¢ O ? U �n w z OwOw rx w ~vi> ow - N w aMw �°X� z p > W > O z P y O w LL YZ H CF z Q S z �_ t� K w p- z z U U p w W Q w 0 = j w m 3 W U V D U w > LL H w F= 0 O'Zw 5 W VV O U mw' w W O m 7 0 W i O N K O N - U Y w U z N U F> LL Z gpU�a U N V Z O F Z w Z Z 4i o�?x3?o Q Cl) mm� nm o zyuo0r J Q W D J W Z n W D 3900 • . A W W x YI 0 W N r o GN W v F V � f W � W C � x VI V1 t� a C Z v O F W F Z O W uy� u u J -- W L a 9 d o a o m � o o• in o f �u W o y 2 0 m u u w . o m" z m 3 E P m m o m o 0 0 Q P z o 'o i U W 0 • 1 N M ~v w T ELL ■ Z Q z W w x o� H 9z H 2n a z H,E O2 Z w J Q W D J W Z n W D 3900 • . A W W x YI 0 W N r o GN W v F V � f W � W C � x VI V1 t� a C Z v O F W F Z O W uy� u u J -- W L a 9 d o a o m � o o• in o f �u W o y 2 0 m u u w . o m" z m 3 E P m m o m o 0 0 Q P z o 'o i U W 0 N _J Q W ,0 V Z r Z c� u W a. 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