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CONTRACT 4976 Public Works Contract CLOSEDAgreement No. 4976 (009-7- PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND SANCON TECHNOLOGIES, INC. TRENCHLESS SEWER MAIN IMPROVEMENT— EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16 -03 This CONTRACT is entered into this 3rd day of Eet ► ► ► ►a , 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and SANCON "I ECJ IN C)Lf Gll� ING. aCalifornia f.bo1 ° °por °atioml, (" „) tie 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 pet-form 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 five hundred six( seven thousand five hundred �cy!ZntL en DOLLARS and and zero cents (567 77.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within ninety (90) working clays (the "Contract Time. ") Agreement No. 4976 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. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 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 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 Agreement No. 4976 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 tinder 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 tine 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 wil I 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 coin inunications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City City of El Segundo- Public 350 Main Street El Segundo, CA 90245 Attn: John Gilmour The Contractor Works Sancon Technologies, Inc. 5841 Engineer Dr. Huntington Beach, CA 92649 Attn: Chuck Parsons Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in tine 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 tine 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 (lie 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. Agreement No. 4976 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent Jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. Agreement No. 4976 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. City F-W&M Is ME avej% Insurance Reviewed by: iQ&-l----,----l--l--,1- President Contractor State License No.: -774055 Contractor City Business License No.: 37808 Agreement No. 4976 TRENCHLESS SEWER MAIN IMPROVEMENT — EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16-03 Bond No. 1028679 and Fee: PREMIUM INCLUDED IN FAITHFUL PERFORMANCE BOND Sancon "rectinolo L.,,, Ile . . .............. as principal 11 - 1, - is 0 0 , I 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. I IMIM(0) &6AR-11141 I 164 lLa 01%0 (014 if Polilsoxii so still U1191 I IN d7g co 11jMsrsrdQ- 107*51jrlifenras E Agreement No. 4976 R• .• • • - -+ •• •. •� 5. SURETY, • value received, agrees that no changes, extensions of time, a6ratio or Wgdificiiin of ' 1 .140 I • • •r • • • extension • ,- . • or •• • of • , documents or of . certified obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identifie(i above; and the following TWO (2) attached exhibits all of which are incorporated herein by copy of p•• power of • bylaws or other authorizing instrument entitling or b• • to do so; issued and B. A certificate by the county • the county representative is located conforming with California Code of Civil Procedure 995.640 • 1 , . certificate of • not been surrendered, • -• cancelled, annulled, or d-• or renewed event that it has, that authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, F!'RINCIPAIL's obligation will be void upon the acceptance of the performance by CITY; *therwise this obligation will remain in full force • Agreement No. 4976 SIGNED AND SEALED this 10th day of February, y 2016 20 �� Michael R. Langan PRINCIPAL'S PRESIDENT SURETY'S 1)RJN(J,P,AVs SECRETARY PRINCIPAL'S MAILING ADDRESS: SANCON TECHNOLOGIES, INC. 5841 ENGINEER DRIVE HUNTINGTON BEACH, CA 92649 . . ..... _ 714 - 891 -2323 SURETY's SECRETARY AIVI---- P'�" IN FACT SURETY'S MAILING ADDRESS: HANOVER INSURANCE COMPANY 11l!1ION.([ T'R E Dl) IV ,X11060 SANTA ANA, CA 92707 714 -415 -3808 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. Agreement No. 4976 r� or oitter offim « cerfificate T + #w Wwibty of On hWMduall o signW ffm dowment to wKwh it it fh ed and not the or w �, M r. VN wl e �fw r � r THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OFATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Michael R. Langan of Pasadena, CA and each is a true and lawful Attomey(s )-in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No /100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attomeys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal ofthe Company. Any such writings so executed by such Attomeys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 23rd day of January 2013. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. � rw.wftryrtttiSrit„tl� On this 23rd day of January 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. P Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attomey and Cerirlied Copies of such Powers of Altorneyand certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company„ shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile" (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company, Adopted September7, 2001 - Citizens Insurance Companyof America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 10 th day of FEBRUARY 2016. Agreement No. 4976 ACKNOWLEDGMENT . .................................. A noiary puiDlic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is att2ched, and not the truthfulness, accuracy, or valkJiiy of that document. Orange I :? before me, C.Vizcarra, A Notary Public h (insert name and title of the officer) a rip ear&i Chuck Parsons and Gary Drew 1100"71M 0 0 11 i M.P. R. I 1 10 11 V.- 1 '1' i 19 1 low INI 9 '4106,11, W, 'Jnider PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. rr C. VIZCARRA Commission No. 1996629 z 5 VV' - N S'S my hand and official� seal, 0 0 Z NOTARY PUBLIC-CALIFORNIA 0 ORANGE COUNTY My Comm. Expires OCTOBER 30. 2016 (Seal) State of California County of Orange Agreement No. 4976 HUGH NGUYEN CLERK - RECORDER CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT THE HANOVER INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 10th day of February, 2016. NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834 -2500 • FAX (714) 834 -2675 • WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM 10/14/08 01:55 FAX 508 855 4786 [a 002 Agreement No. 4976 N? 4864 STATE OF CA: ;I "OMU DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority THIS Is To CmrriFY, That, pursuant to the Insurance Code of the State of Cal#fornia, The h isvaeel Company Of Bedford, New Hampshire , organized under the laws of New Hampshire , Odlect to its Articles of Incorporation or other fundamental organlzat#onal documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fir" J2 9 It ?"w9 G Surety, Disability, Plate GlasB, Liability, workers' Compensation•, a9 Common Carrier Liability, Boiler and Machinery, Burglary, Credit, -1, a -'5 -`I ,y 7 Sprinkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California, TIES Ci81iTinDom is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such- laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WrrNws'i '.t ov, effective as of the - -__ 20th - - -_day of-_ October - .., I9 86, I have hereunto set my hand and caused my official seal to be mixed thL- .0.th,_ day.of.. _ ctobr By+ a sa NOTICE: uaiificadoo with the Secretary of State must be accomplished As required lay the California CArpe /,Sc�7dOl a prong tly after irsuaxaco of thk CertNfieate cat Authority, Failure to do to will be a violation of In% Co and will be grounds for revoking this Ceriitl ato of Authority pursuant to tw covenants made In, the application `"�+ therefor and the conditions contained hereim Agreement No. 4976 TRENCHLESS SEWER MAIN IMPROVEMENT — EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16 -03 Bond No. 1028679 Bond Fee: $5,497.00 ( "PRINCIPAL ") and Hanover Insurance Comapny a corporation incorporated under the laws of the State of Ne�� "Ijh � 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 five hundred sixty ,even t sous nd live hundredjgyr�rgy dye ji DOLLARS and zero cent (%567,57: Q), 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 16 -03, 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 16 -03, a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16 -03) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. Agreement No. 4976 IMM10111M MOTO rim 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16-03 or of the obligation to bay 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. • 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 • authorizing the persons executing this bond to do so; 7. Should PRINCIPAL perform its obligations within the time allowed, I''' obligation will be void upon the acceptance • the performance by CITY; *therwise this obligation will remain in full force and effect. $ - -911" IMI"L .Vli" k"'i i IN A HIM Agreement No. 4976 SIGNED AND SEALED this 10th day of _February, 2016 20 Michael R L::ii at PRINCIPAL's PRESIDENT PRINK': "' PA "L's SECRETARY SURETY's RKfAR10 l Al, irjicy in SURETY's SECRETARY PRINCIPAL's MAILING SURETY'S MAILING ADDRESS: ADDRESS: OLOGIES.. INC. HANOVER INSURANCE COMPANY CCN T13HI„ 5841 F1vCUMPUR DRIVF— 5 1JUTTO CENTRE DRIVE #1060 HUNTINGTON BEACH, CA 92649 SANTA ANA CA 92707 714-891-2323 _ 714- 415 -3808 NOTE. (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. Agreement No. 4976 ACKNOWLEDGMENT LEDGNIM ENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valdi of that document State of California County of Los Angeles . Res, On w. 16 2016 before me, (insert name and title of the officer) personally appeared Michael R. Langan who proved to me or the basis of satisfactory evidence to be the person x) whose name ) i subscribed to the within instrument and acknowledged to me that he executed t e same in his/ "r authorized capacity( , and that by hiss" eit ignature(o on the instrument the person , or the entity upon behalf of which the persono acted, executed the instrument. 1 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 a RAOUL ROJAS COMM. #198095 1 Notary Public • California Los Angeles Count comm, x "> fb1 Signature (mil) THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Michael R. Langan of Pasadena, CA and each is a true and lawful Attomey(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and Noll 00 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s )-in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED, Thatthe President or any Vice President, in conjunction with any Vice President, be and theyare herebyauthorized and empowered to appoint Attomeys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with powerto attach thereto the seal of the Company. Anysuch writings so executed by such Attomeys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 23rd day of January 2013. M�µ THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. Js r"t.11.tra1f11i, (t President On this 23rd day of January 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. r� ttfiflttlMtN�,A Olaftfl0� twonxrmy lw �. � Gr t� �m� aaarrw wmsrta.ratirw m „rd � W'r+ �R �cw�r Vl k' , � : � L w, 2 &I�� Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 1, the undersigned Vicel! President of The Hanover Insurance Company, Massachusetts Bay Insurance Companyand Citizens Insurance Cornpanyof 'America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that throe said Powers of Attorney are still in forcaa and efficL This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, "RESOLVED, That any and all Powers of Attomey and C ortified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with rany Vicc President of the Company, shall be binding on the Company to the same extent as if all signalures lherein were manually affixed, even though one or more of any such signatures thereon naay be facziim0e." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14,1682 Massachusetts Bay Insurance Company, Adopted September 7,2001 - Citizens Insurance Companyof America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 10 th day of FEBRUARY 2016. E HANOVER INSURANCE COMPANY Agreement No. 4976 ACKNOWLEDGMENT . . . . ........... c,,omry puolic or other officer completing this cate verifies only the identity of the individual cam;i who signed the document to which this certificate is a'[taohe► , and not the truthfulness, accuracy, or of that docuirrient, . .......... ....... Orange 01 before me, C.Vizcarra, A Notary Public (insert name and title of the officer) i-')pea I f�:�d Chuck Parsons and Gary Drew Vii-I'D .-)j1o,,,,&d to me on the basis of satisfactory evidence to be the person(s) whose name(s) is,/are the within instrument and acknowledged to me that 4&�/they executed the same in capacity(ies), and that by 4W#e.F/their signature(s) on the instrument the eir autriorized or the entity upon behalf of which the person(s) acted, executed the instrument. I r %'; PENALTY OF PERJURY under the laws of the State of California that the foregoing r?._- iv C Pje and correct. — — - --------- C. VIZCARRA Commission No. 1996629 71y hand and offi6ai seal. 5 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm Expires OCTOBER 30 2016 (Seal) State of California County of Orange Agreement No. 4976 HUGH PROPERTY RECORDS A. Ul7 1�lJU Y�1 j� BIRTH AND DEATH RECORDS CLERK - RECORDER MARRIAGE LICENSES /RECORDS PASSPORTS CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT THE HANOVER INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 10th day of February, 2016. Hugh Nguyen, Orange Cou my Clerk - Recorder (Purple Seal) ....... p . ...�..�..._.... ............ .__.......... rn °to Tre "o De Cl - Recorder p T NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834.2500 • FAX (714) 834.2675 • WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 4976 PROPOSAL FOR THE TRENCHLESS SEWER MAIN IMPROVEMENT — EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16 -03 Date Tan%Aac v , 20 1(o Company Name: &AV)co.ry ......... ech..r0.1 o.5.!'a.5 .... -rnc .... �. ....- ...-. .............. � �.�....,.. ._� TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and /or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security 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 Agreement No. 4976 I ±',DUAL MPLOYM EN OP'ORTUNITY 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 CERTIFICAJION 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 DECLARATION 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 Company Name: Agreement No. 4976 BID SCHEDULE TRENCHLESS SEWER MAIN IMPROVEMENT - EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16 -03 ^goo .' --K4 NO DESCRIPTION — - - - - - -- TION UNIT QTY UNIT RICE ..,. UNT � AMO __.. ...... BASE BID ITEMS 1 Obtain Caltrans Permit for work within LS 1 ��`� Sepulveda Blvd. . .�.r.r.r��. �.. .... �....w...... $ $ kt4SG-0- 2 Mobilization /Demobilization. LS 1 $ 3 Traffic Control. LS 1 $ 1,7g 4 Grind /Water jet (clean out) roots /debris of LF 13,001 all sewer mains, MH to MH. 5 Pre - construction CCTV inspections of all LS 1 sewer mains, MH to MH. $ Zr SGZ'7^ $ 2,5 6 4' in -situ sewer lining - Spot locations per plans /specs. EA 24 3�� _ $ __ $ 7 In -situ sewer p r lining plans/ MH to MH er LF 8,493 ._..:......�...w�_ 3z - -. . .....� specs. 6....- .. �_ ......... - -.... . m...m._....m. m . $ .� .� $ 8 Post - construction CCTV inspections of all C TV p LS 1 sewer mains, MH Z` ALTERNATE BID ITEMS (Pending g City Engineer Approval) .... .... ..... ____ ._�_,___�_.�______ m�� ........- 9 ' s' Unspecified spot locations sewer lining ons � EA 15 3 r Szy szv .. �....... � .......... . .. $ $ 10 In -situ sewer lining - Unspecified MH to MH locations. LF 1,000 10 zsev 2S�" $ $ 11 Lateral connection Top -Hat lining. - EA 50 Unspecified locations. $ l,°l5'O $ 3Z2�:;r- TOTAL BID (#I thru #11) -- ��.,,, ._ - ....... .. s. TOTAL BID WRITTEN IN WORDS: I -C -3 a Agreement No. 4976 I -C -3b Agreement No. 4976 BIDDER'S INFORMATION Company Name: cAh v- BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) C-,;ag.1Cr1'%Ck . ..... f3USiness 40 T\ -- . . . . .... . . ................. .. ........ . Address e , , I V, sec P-, Telephone No. �714 ) -6ql 23937 5��N .... ...... . . ....... Facsimile No. 2, State Contractor's License No. and Class C 3 i Original Date Issued Expiration Date I / .3 1 / -z bi 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: M 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 Agreement No. 4976 BIDDER'S INFORMATION (CONTINUED) Company Name: an (,*ni Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: -A rnA Title: r( .,\ t (,k MAY14 11M Agreement No. 4976 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this eO day of 20*. FRIT -My-Mrwil Subscribed and sworn to this - - _ day of 20 I Iwo, I a I is 1; M�W— A NOTARY PUBLIC I-C-6 Agreement No. 4976 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit of that document. State of California County of Orange On January 7 , before me, 2016 C.Vizcarra A Notary Public , (insert name and title of the officer) personally appeared Chuck Parsons and Gary Drew who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +s /are subscribed to the within instrument and acknowledged to me that 4ek,49 /they executed the same in ttWem their authorized capacity(ies), and that by #iGA;w /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. r C. ZCARRA WITNESS my hand and official seal. ;; m Commission No. 1996629 U I '11" � NOTARY PUBLIC-CALIFORNIA U " ORANGE COUNTY " a My Comm. Expires OCTOBER 30, 2016 Signature d �� (Seal) Agreement No. 4976 PROPOSAL GUARANTEE BID BOND TRENCHLESS SEWER MAIN IMPROVEMENT — EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16 -03 KNOW ALL MEN BY THESE PRESENTS that, SANCON TECHNOLOGIES, rNC, . -- , as BIDDER, and HANOVER INSURANCE COMPANY , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of T EN Pd°RCE T OF BID A MDOLLARS ($ to %), 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 4TH day of JANUARY 2o.1.6.mm.,.._. BIDDER* SANC0> TECHNOLOGIES, INC. 0, SURETY* HANOVER INSURANCE C4iW"'ANY RIM Of Subscribed and sworn to this day of �wwww .. , 20 . (see attached) NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. Sancon Technologies, Inc. 5841 Engineer Drive Huntington Beach, CA 92649 (714) 891 -2323 Hanover Insurance Company 5 Hutton Centre Drive, #1060, Santa Ana, CA 92707 (714) 415 -3808 I -C -7 Agreement No. 4976 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 7, 2016 before me, C.Vizcarra, A Notary Public (insert name and title of the officer) personally appeared Gary Drew who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/afe subscribed to the within instrument and acknowledged to me that he /she /they executed the same in hisiheFAheiF authorized capacity(iW, and that by his h9FAhe signature(s)-on the instrument the personal, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ..,...,..�.....w.. C. VIZC/aRRA Commission No. 1996629 Zn WITNESS my hand and official seal, 0 NOTARY PUBLIC- CALIFORNIA Z r " ORANGE COUNTY,. «. ». My Comm. Expires OCTOBER 30 2016 aawr +wro +s +,»+rvr.r.+. +aw.. o d Signature, .�� "'��° �� "� (Seal) Agreement No. 4976 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Los Angeles On - a 2, 0 before me, R c*L�k� �[ ��-J , c1T�[ r� i-'u blI L (insert name and title of the officer) personally appeared Michael R. Langan _p who proved to me on the basis of satisfh ev` race to be the person(alwhose namew Ware subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/herAheir authorized capac ity(ies), and that by his/her their signature(s) on the insbument the person(s), or the entity upon behalf of which the person(s) aged, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA VERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Michael R. Langan of Pasadena, CA and each is a true and lawful Attomey(syin -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No /100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attomeys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Anysuch writings so executed by such Attomeys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 23rd day of January 2013. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZEN S UTAtNCE PANY OF AMERICA >� 1 074 Robert 'Fborna& Vice President � THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. �t Joe err nttoalt..'ic President On this 23rd day of January 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged thatthe seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. v^ za tfratt9lt� A G111,1ICtt rtartaq Bea rzv,�w�atfu�'t tra�r�t��rh �� Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice: President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company ofArnerica, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company„ shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be far-simile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September7, 2001 - Citizens Insurance Companyof America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 4th day of January 2016. THE HANOVER INSURANCE COMPANY MA 11A HUSETT SAY R CE COMPANY CtT tNSUR CE OF AMERICA Agreement No. 4976 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.:.., 2. The expiration date of BIDDER'S Contractor License is: 3 V'_ .............�m............> 201• 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. WV Executed on ��, 2 Qei5, at: Typed Na f � /�ety Title Company Name (insert City and State where Declaration signed). I -C -8 Agreement No. 4976 NON - COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the �� i 1'(�. ► �T ..___._..._... of 6a,, ov, le_z_ �kolG=r e.5 the party ..�..._ ,e..._ -U -.- making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has frill power to execute, and does execute, this declaration on behalf of the bidder. I decks e o rder penalty of 1per0iry inider the laws of the State of California that the foregoing is tnte and correct and that this declaration is executed on 1 _ (ciatcl, at _44 Dated this „ day of _.... U /- 20_& .......... .............................�, Name W40 Agreement No. 4976 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his /her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Business Name: _ Business Address:._. ( ,r Telephone Number: 7,71-3 Dated this . 9..l.. day of I Iii/ , 20 ljk-. I -C -10 Agreement No. 4976 DESIGNATION OF SUBCONTRACTORS TRENCHLESS SEWER MAIN IMPROVEMENT — EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16-03 Company Name- 5 BIDDER will perform the majority of the work and 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: Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount (Number aiid Sti C1,* 9-7 ............. . . . . ................ . . ....... . (City, Zip Code) A . . .......... ..... . . . ....... . ..... .... . . .... . .. ..... .. . ............ . ......... - ...... . .. . .... . . . .......... ...... . .......... . . .. . ....... . ........ . . ..... . .......... I_C_ I I Company Name: REFERENCES bl Agreement No. 4976 4" Lei The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: Project Title:��s Location: 259-76 60k,- Name and address of owner �� I - - t 4E/- Name and current telephone number of person familiar with project Type of Work: C ...... — ��' �� Date completed: '�� Contract amount: $ 2m� ..................._..�...,��.� ..�.�.�....�_m.....��.m _ p .�...� .- ......._ Amount of work done by my /our film under contract $ .. ............................... Did your firm have any financial interest in Project? 2. Project Title: ftalal �. Location:i &� Name an address of owner -TA&C L Name and ci Type of Work: telephone number of person familiar with project Contract amount: $ Date completed: ______ Amount of work done by my /our firm under contract $ .... a -2 Did your firm have any financial interest in Project? __ I -C -12 3. Project Title: Location: n4" of Name an address of owner M - 1270 Agreement No. 4976 Name and current telephone number of person familiar with project Type of Work: (, M Contract amount: $ Zero, x,570 _ Date completed:, _µLL Amount of work done by my /our firm under contract $ m . 8; Did your firm have any financial interest in Project 4. Project Title: rV Location: Name and address of owner M Name Ind current telephone number of person familiar with project: YP T e of Work: Contract amount: $ L5 % Date completed: ............. Amount of work done by my /our firm under contract $ 3 Did your firm have any financial interest in Project? 5. Project Title: Location: �. 619)10; &G -I'. Name and addres of owner _ - 'w, 54f1 Name and current tf ae number of person familiar with project: I -C -13 930 Agreement No. 4976 Type of Work: Contract amount: $ 67:5*, i Date completed: .m Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 410 Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: r Ck � LykO Agreement No. 4976 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS TRENCHLESS SEWER MAIN IMPROVEMENT — EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16 -03 Company Name: c, Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No f- 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive] ? Yes IW, No ❑ Bidder's Si, tore Na Ple int) I -C -15 Agreement No. 4976 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] TRENCHLESS SEWER MAIN IMPROVEMENT — EASTERN RESIDENTIAL ZONE PROJECT NO.: PW 16 -03 Company Name; - ackAholo��65 Lytc, To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tyne of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AXII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to snail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires C alifonja Worker's Compensation Coverage with the associated Waiver. Out -of- state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." za- Bi deT7's Si ature Date I -C -16 Agreement No. 4976 SECTION II - GENERAL REQUIREMENTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGISTRATION OF CONTRACTORS No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of work to be performed under this Contract. 2. INSURANCE AND CITY BUSINESS LICENSE Contractor and Sub - Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMERGENCY INFORMATION The names, addresses and telephone numbers of the Contractor and Sub - Contractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. 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 Fifty Dollars ($ 350.00) to insure against damage to a 2 %2" Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the Contractor upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the Contractor, all or any part of said deposit may be retained by the City. An non - refundable Activation Fee of One Hundred Dollars ($100.00) will be charged upon activation of the temporary meter. 5, CALIFORNIA -OCCUPATIONAL Ai ",,E "Y & 1 11 Al..f ru DNl1N1 1'I '1'It N All work performed under this contract will be done in strict compliance with the Cal - OSHA Rules and Regulations, latest edition. II -A -1 Agreement No. 4976 6. SOUND CONTROL The Contractor will comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR POLLUTION CONTROL The Contractor is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 8. WORKER UNIFORMS All workers under the employment of the Contractor or his/her Sub - Contractor will wear an orange vest or an orange shirt while working in the public right -of -way. II -A -2 Agreement No. 4976 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 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" ( "Greenbook ") and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0 -2 N[J lI3 '1RIN 3 OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greenbook numbering. 1 -2 DEFINITIONS The following subsection is added to Subsection 1 -2 of the Greenbook. 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. City Council - The body constituting the awarding authority of the City. Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. Due Notice - A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer. Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Engineer or his designated representative. II -B -1 Agreement No. 4976 PCC — California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. ❑ (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6 -3 and days determined to be non - working in accordance with Subsection 6 -7, "Time of Completion." 1 -3 ABBREVIATIONS The following Subsection is added to Subsection 1 -3 of the Greenbook. 1 -3.1 The following abbreviations are added to Subsection 1 -3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc. WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association SSPWC Standard Specifications for Public Works Construction by the American Public Works Association ASA American Standard Association CITY City of El Segundo 2 -0 SCOPE AND CONTROL OF WORK The following subsections 2 -1.1 and 2 -1.2 are added to the Greenbook. 2 -1.1 ACCESS TO PROJECT SITE II -B -2 Agreement No. 4976 Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. 2 -1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS. The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 2 -3 SUBCONTRACTS Subsection 2 -3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2 -3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one -half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a 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 Il -B -3 Agreement No. 4976 involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Engineer may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Engineer, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2 -3.2 ADDITIONAL RESPONSIBILITY Add the following to Subsection 2 -3.2 Additional Responsibility: The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than ten percent (10 %) of the Work. 2 -4 CONTRACT BONDS The following paragraph is added to Subsection 2 -4 of the Greenbook. The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 6 -8.1. 2 -5 PLANS AND SPECIFICATIONS Subsection 2 -5.1 of the Greenbook is replaced by the following subsection. 2 -5.1 GENERAL The Contractor will maintain the following at the Work site: II -B -4 Agreement No. 4976 One as -built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As -built plans must be submitted to the City representative for approval before the City pays a final retention amount. 2. The current accepted Contract Schedule. 3. Shop Drawings, Product Data, and Samples. 4. Approved permits from other agencies, including Cal -OSHA permits for trench shoring. 5. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work 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 Greenbook: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Engineer for such further explanations as may be necessary, and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. 2 -5.5 ACCURACY OF PLANS AND SPECIFICATIONS II -B -5 Agreement No. 4976 Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. 2 -8 RIGHT -OF -WAY The following subsection is added to Subsection 2 -8 of the Greenbook. 2 -8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. 2 -9 SURVEYING Subsection 2 -9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: 2 -9.3 SURVEY SERVICE 2 -9.3.1 CONSTRUCTION SURVEYING The Contractor will provide for all construction surveying required to layout, 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 lie :. Agreement No. 4976 will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2 -9.3.2 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3 -3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3- 3.2.2.3, Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3 -3.2.3 MARK UP Subsection 3- 3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor .................... .............................20 2) Materials ................ ..................d..........15 3) Equipment Rental .. .............................15 4) Other Items and Expenditures ............ 15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) will be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. II -B -7 Agreement No. 4976 (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 3 -3.3 DAILY l W'ORTS BY CON IRAt TO . Add the following paragraph to subsection 3 -3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3 -4 CHANGED CONDITIONS Subsection 3 -4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ( "changed conditions "), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6 -11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the time period set forth in Subsection 6 -11.3, the Contractor is liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions include, without limitation, the following: 1 Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 1 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 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, 11, 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. II -B -8 Agreement No. 4976 Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: The information is made available for the Bidders' convenience and is not a part of the Contract. 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. 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 I P(J ED 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 extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents. 4 -1.3 INSP CTI �i 1J11 1 MI N' Subsection 4 -1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4 -1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non - reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the contract II -B -9 Agreement No. 4976 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 -1.6 TRADE NA 11 S OR EQUAL Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal ". For the City's consideration of a proposed "equal" item, the Bidder must submit, a minimum of ten (10) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item ". At a minimum, the submitted documentation will include: • Written request with explanation of why the product should be considered as an equal product. • Material specifications. • Technical specifications. • Test data. • Samples. • Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. • Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. • Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. 5 -2 PROTECTION The following subsection is added to Subsection 5 -2 of the Greenbook. 5 -2.1 INCORRECT LOCATION OF UTILITIES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor II -B -10 Agreement No. 4976 will immediately notify the City and utility owner in writing. 5 -4 RELOCATION The following subsection is added to Subsection 5 -4 of the Greenbook. 5 -4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION The City will be responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City will have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation. 5 -5 DELAYS The following paragraphs are added to Subsection 5 -5 of the Greenbook. Actual loss, as used in this Subsection, will be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by Subsection 5 -5.1 and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work. The following subsection is added to Subsection 5 -5 of the Greenbook. 5 -5.1 CALCULATING IDLE TIME Equipment idle time will calculated in accordance with Subsection 3 -3.2.2 and based upon the actual normal working time during which the delay condition exists, but in no case will exceed 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. 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 °IeeCin a: After contract award, the City will arrange for a pre - construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will II -B -11 Agreement No. 4976 arrange for all of its sub - contractors to attend the meeting. 6 -1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) calendar days of award. 6 -1.2 CON I EN 1' OI° 4.:ON "1 MCT SCI ED1JL1 The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 1. Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6 -1.3 EFFECT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the II -B -12 Agreement No. 4976 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) calendar 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. 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. II -B -13 Agreement No. 4976 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 at the time of termination, less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control, the City may do any one, or combination of, the following: 1. Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 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 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. II -B -14 Agreement No. 4976 6 -6 DELAYS AND EXTENSIONS OF TIME Subsection 6 -6 is deleted in its entirety and replaced with the following subsections. 6 -6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the 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 II -B -15 Agreement No. 4976 If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6 -7.2 WORK DAYS AND WORKING HOURS City Hall is open from Monday thru Thursday lam -6pm. It is closed every Friday and the following holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Christmas Eve Christmas New Year's Eve - Friday, January 1, 2016 - Monday, January 18, 2016 - Monday, February 15, 2016 - Monday, May 30, 2016 - Monday, July 4, 2016 - Monday, September 5, 2016 - Friday, November 11, 2016 - Thursday, November 24, 2016 - Saturday, December 24, 2016 - Sunday, December 25, 2016 - Saturday, December 31, 2016 Working on Fridays when City Hall is closed is acceptable. If the Contractor, however, requests an inspection a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day. On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and 4:00 p.m. Please see Section 6 -7.5 below for weekend and holiday work restrictions. 6 -7.4 NIGHT WORK II -B -16 Agreement No. 4976 The following paragraph is added to Section 6 -7 of the Greenbook: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 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 of the Greenbook is deleted in its entirety and replaced by the following: The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of 1 year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 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 Greenbook is deleted in its entirety and replaced by the following subsections. 6 -9.1 FAILURE TO COMPLETE WORK ON TIME II -B -17 Agreement No. 4976 If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be $250 per calendar day. 6 -11 DISPUTES AND CLAIMS; PROCEDURE 6 -11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4, Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon 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. II -B -18 Agreement No. 4976 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 seven (7) calendar days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6, If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. T 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: 61, , BEING THE (MUST BE AN II -B -19 Agreement No. 4976 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 thirty (30) calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6 -11.4 CLAIM IS PREIREQUISITE.1.0 „ OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 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 ten (10) calendar days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than thirty (30) days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. II -B -20 Agreement No. 4976 If the Claim amount is more than $50,000, the time period will be extended to sixty (60) days. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. The Engineer's decision on a Claim will include a statement substantially as follows: "This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within thirty (30) calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal." 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 thirty (30) calendar days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within thirty (30) calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within thirty (30) calendar days of the City's final decision. 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 II -B -21 Agreement No. 4976 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 11"CISION BECOMES BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within thirty (30) calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. 6 -11.10 APPEAL TO SUPERIOR COUR "I- WAIVER OF JURY TRIAL Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure ( "CCP ") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6 -11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 7 -2 LABOR The following subsections are added to Subsection 7 -2 of the Greenbook. 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 II -B -22 Agreement No. 4976 prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703 -4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the ninety (90) calendar days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7 -2.4 R COI D 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 II -B -23 Agreement No. 4976 employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7 -3 LIABILITY INSURANCE Subsection 7 -3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7 -3.1 GENERAL Contractor must procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE ISO FORM Comprehensive General Liability CL 00 02 01 85 or 88 Business Auto CA 00 01 01 87 Workers' Compensation COMBINED SINGLE LIMIT $2,000,000 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. II -B -24 Agreement No. 4976 The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKER'S COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) calendar day notification for non - payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self - insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self - insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City II -B -25 Agreement No. 4976 Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent. Certificate /endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6 -10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6 -10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged. Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b). 7 -3.2 INDEMNIFICATION AND DEFENSE In addition to the provisions of Subsection 7 -3 of the Greenbook as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance II -B -26 Agreement No. 4976 or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7 -3.2 or in Subsection 7 -3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7 -3.2 or in Subsection 7 -3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7 -3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7 -5 PERMITS The following paragraph will be added to Subsection 7 -5 of Greenbook: The Contractor will apply for permits required by the City. These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed. II -B -27 Agreement No. 4976 7 -8.1 CLEANUP AND DUST CONTROL Subsection 7 -8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7 -8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick -up type street sweeper a minimum of once daily. 7 -8.1.2 WATERING Water for dust control caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this contract, the Engineer will cause a meter to be installed. All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. 7 -8.6 WATER POLLUTION CONTROL The following requirements are added to establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete /asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor. (c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub - grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. II -B -28 Agreement No. 4976 (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties. (f) No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The following requirements are added to Section 7 -9: 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 SAFI, -`'1Y The following requirement is added to Section 7 -10: Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News. 7 -10.1 TRAFFIC AND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. 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 II -B -29 Agreement No. 4976 will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five (5) feet to the edge of any excavation and two (2) feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. One four (4) foot wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and /or obstructions by the placement of an adequate number of lighted barricades (minimum two (2)) at each location, one (1) at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7 -3 of the WATCH Manual and lights will be Type A per Section 7 -6 of the "Work Area Traffic Control Handbook" (WATCH). 7 -10.2 STREET CLOSURES I)l�, "T°OURS BARRICADES S Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one (1). Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. Where access to driveway or street crossings need to be maintained, minimum 1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non -skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7 -10.5 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the II -B -30 Agreement No. 4976 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 Greenbook: For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class 11, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor, the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3 -4 (Changed Conditions) of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract. The Contractor will retain all rights provided II -B -31 Agreement No. 4976 by Subsection 3 -5, Disputed Work, of the Greenbook. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the Greenbook. 9 -2 LUMP SUM WORK Subsection 9 -2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9 -3.2 PARTIAL AND FINAL PAYMENTS The text of Subsection 9 -3.2 of the Standard Specifications is deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty -five (35) calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor. However, payments will II -B -32 Agreement No. 4976 be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. The full five percent (5 %) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Engineer. The City Engineer upon field acceptance and receipt of the final as -built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than thirty -five (35) calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and /or the City by material suppliers, sub - contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment /claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract. Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be II -B -33 Agreement No. 4976 entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 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. - END OF SECTION - II -B -34 Agreement No. 4976 SECTION III - TECHNICAL SPECIFICATION 1.0 GENERAL 1.1 INTRODUCITON AND WORK SCOPE A smooth functioning sanitary sewer system is essential to protect public health, the environment, and progressive economic development. Many of our sanitary sewers were built in the early part of the 20th century. As the sewer system ages, pipes deteriorate. The Department of Public Works uses both closed circuit television and manual inspections to check the condition of its sewers. Some sewers can be repaired and others need to be replaced. In this project, the focus is on the sanitary sewer main repairs on various streets located within the City limits. The work under this Contract shall be performed entirely within the City of El Segundo, and consists of furnishing all labor, materials, equipment, and services, and performing all work necessary for the sanitary sewer main lining described in the Special Provisions. The term "lining" shall refer to trenchless construction techniques to repair damaged sewer mains. Approved lining systems are structurally sound Cured -in -Place Pipe (CIPP) Liner, or Folded and Reformed PVC Pipe Liner. HDPE and spiral -wound liner are not allowed. Only the materials described in this section may be used. Contractor proposals for material alternates and substitutions that do not appear on the approved list are not equal and are not acceptable. As these mains currently serve lateral connections, the work shall include restoring all existing connections to the mains. The existing flows in the line segments being retrofitted shall be controlled whenever necessary during execution of this work. As such, temporary sewer bypass is required during construction. This shall include providing pumps, hoses, and other equipment necessary to divert the flow, and special equipment and devices including Cal- OSHA - acceptable lifeline harness system, breathing apparatus, and gas detection devices capable of identifying presence and levels of toxic gases. Disruptions in the sewer service are not permitted at any time. 1.2 GENERAL STANDARDS AND PROJECT SPECIFICATIONS All work shall be performed in accordance with the latest edition of the Public Works Standards, Inc.'s Standard Specifications for Public Works Construction, the Public Works Standards, Inc.'s Standard Plans for Public Works Construction, California Building Code, California Plumbing Code, California Electrical Code, and any project specifications & plans made part of this contract. Strict compliance with State and local safety codes will be enforced. The ENGINEER'S decision fIIl -A Agreement No. 4976 shall be final as to interpretation and /or conflict between any of the referenced code, laws, ordinances, specifications and standards contained herein. 1.3 CONTRACTOR AND CITY BUSINESS LICENSES 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, the acceptable license class "A" and any necessary specialty class "C" licenses. The CONTRACTOR and his Sub - Contractors will be required to possess the correct license for their project classifications, as well as a valid Business License from the City of El Segundo. 1.4 BUILDING SAFETY AND PUBLIC WORKS ENCROACHMENT PERMITS The CONTRACTOR will be required to apply and obtain applicable "no -fee" permits from the Public Works and the Building Safety Departments. All noted deficiencies on permits shall be corrected by CONTRACTOR. The project will not be accepted as complete until CONTRACTOR obtains a final sign - off for all permits. 1.5 EXAMINATION OF JOB SITE The BIDDER shall make a detailed physical inspection of the site before submitting his /her proposal. It is understood that the BIDDER has thoroughly examined the specifications, sites, and conditions under which work will be performed before submitting the proposal and has satisfied himself /herself regarding existing conditions and existing access conditions which may affect bid prices for the proposed work. 1.6 WORKING DAYS, TIME FOR COMPLETION, & CONSTRUCTION SEQUENCE CONTRACTOR will commence work on date specified in the Notice to Proceed to be issued to said CONTRACTOR by the Public Works Department and will complete work on the project, within 90 (Ninety) WORKING DAYS after the date of commencement. Hours of work shall be limited to 7:00 a.m. through 4:00 p.m. weekdays only, unless otherwise specified. No greater quantity of work shall be scheduled at any one time than can be completed in one (1) day, and be properly conducted with due regard for the rights of the public. No more than one location shall be scheduled at any one time unless approved in writing by the engineer. III -A -2 Agreement No. 4976 CONTRACTOR must submit a detailed construction schedule to ENGINEER for review and approval prior to the start of any construction. City inspection is only available on Monday through Thursday. Should inspection be needed on a Friday, the CONTRACTOR shall reimburse the City for the cost of the inspector's time. 1.7 INSPECTION On all questions relating to quantities, the acceptability of material, or work, the execution, progress or sequence of work and the interpretation of specifications or plans, the decision of the ENGINEER is final and binding, and shall be precedent to any payment under the contract. All work and materials are subject to inspection and approval of the ENGINEER. Legible copies of material /weight certification shall be turned over to the inspector on a daily basis. Inspection of the work shall not relieve the CONTRACTOR of the obligations to fulfill all conditions of the contract. 1.8 NOTIFICATIONS The CONTRACTOR will notify all agencies listed here in a minimum of forty -eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE Start of work, Sle-phanie Katsouleas, Director of Public Works 310- 524 -2356 shutdown of work, John Gilmour, Project Manager 310 - 524 -2316 or resumption of work Ron Campbell, Wastewater Supervisor 310 - 524 -2754 after shutdown Closing of streets El Segundo Police Department ** 310 - 524 -2200 El Segundo Fire Department ** 310 - 524 -2236 Street striping Street Maintenance Division 310 - 524 -2709 Water James Turner 310 - 524 -2742 Sewer Ron Campbell 310 - 524 -2754 Storm Drain Ron Fajardo 310 - 524 -2715 ** The CONTRACTOR will notify the Engineering Division before notifying these offices. III -A -3 Agreement No. 4976 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 4) Southern California Gas Company 5) Southern California Edison Company (SCE) 6) AT &T 7) Time Warner Communication (Cable) 8) Los Angeles County Sanitation District 9) El Segundo Unified School District 1.9 PUBLIC/ RESIDENT NOTIFICATION 310- 524 -2707 310- 671 -9002 310- 417 -3366 310- 515 -4430 310 - 768 -0400 Extension 414 310- 699 -7411 310- 615 -2650 Due to the nature of this project involving some inconvenience to residents, businesses, and the public, a good public relations program is mandatory and evidence of satisfactory past performance in this area will be required. The City will require the CONTRACTOR to distribute two (2) "Public Notice's" to each business and resident affected by the construction. Notices must be approved by the City prior to distribution. The first notice shall be distributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least forty -eight (48) hours prior to the start of work. Said notice shall be attached to a red information hanger provided by the CONTRACTOR and hung on the front door knob of every resident/ business on the project streets. Notices shall include the project times, dates, working hours, and description of project activities. CONTRACTOR shall submit notice template to ENGINEER fourteen (14) days prior to start of any work for approval. CONTRACTOR shall respond to any complaints received from a property owner (business or resident) and contact the complainant within one (1) working day. The complaint shall be resolved within two (2) working days from the date on which it was received. CONTRACTOR shall adjust its schedule in order to allow affected Businesses to operate as regularly scheduled. 1.10 MOBILIZATION III-A-4 Agreement No. 4976 Mobilization shall conform to the provisions of Section 9 -3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: A. Obtaining and paying for all required bonds, insurance, permits, and licenses. B. Completing and submitting required documents in a timely manner. C. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval. D. Notification of City staff, residents, businesses, and motorists as necessary including temporary warning and safety signage leading to areas where construction is occurring or where materials are being staged. Notification shall take place at least 48 hours before construction as well as during construction. E. Posting all OSHA required notices. F. Re- notification of all affected parties for all construction schedule changes. G. Coordination with City and any applicable utility agencies to avoid conflicts during project activities. H. Moving on to the site of all Contractor's equipment required for operations. I. Installing and removing of all temporary facilities required for operations. J. Arranging for and erection of Contractor's work and storage yard. K. Preparation and cleaning of work area as necessary in order to implement repairs. L. Protection in place of utility facilities, landscapes, pavements, structures, and any existing condition not included in demolition scope during any construction activities. M. Clearing and grubbing, and landscape removal if necessary. N. Bringing unforeseen field conditions to City staffs attention in a timely manner. O. Restoration, to existing standard conditions or better, of public property damaged during construction P. NPDES permit compliance. Q. Furnishing temporary water services to maintain water services to consumers at all time. R. Removal of any formwork, nails, stakes, excess resurfacing material, and other construction debris from the project sites. S. Demobilization. 1.11 ACCESS TO DRIVEWAYS Access to driveways shall be maintained at all times for residents and businesses during non - working hours of 4:00 p.m. through 7:00 a.m. weekdays and 24 -hours a day on weekends and holidays. 1.12 COOPERATION WITH CONCURRENT CONSTRUCTIONS AND OPERATIONS CONTRACTOR shall cooperate with other contractors and the City's personnel performing work in the vicinity, shall conduct its operations in a manner to prevent unnecessary delay or hindrance to their work, and shall coordinate its work with theirs to permit proper and timely completion of all projects in the area. III -A -5 Agreement No. 4976 1.13 PROTECTION OF EXISTING IMPROVEMENTS Existing public and /or private improvements, adjacent property, utility and other facilities, trees, fences, sprinkler systems, plants, City benchmarks and centerline ties that are not to be removed, shall be protected from injury or damage as provided for in Sub - section of Part 1 of SSPWC "Greenbook" Standard Specifications. Any pavement, curb, gutter, landscaping or sidewalk removed beyond the limits established by the ENGINEER shall be reconstructed by the CONTRACTOR at his own expense and no additional compensation will be allowed. Tie -Out & Re- establish Survey Monuments and Benchmarks: In accordance with Section 8771 of the Business and Professional Code, the CONTRACTOR will be required to hire a licensed land surveyor to tie out monumentation affected by the project prior to commencement of construction and require the land surveyor to file corner records with the ENGINEER; and re- establish any such monuments or benchmarks damaged or destroyed during construction and file corner records with the City of El Segundo Public Works Department after replacement. The City shall determine which monuments found and listed in the CONTRACTOR'S Surveyor's letter are to be tied out and re- established. 1.14 USE OF PRIVATE PROPERTY The use of any private property or utilities on private property by the CONTRACTOR is prohibited. The prohibited uses include, but not limited to, CONTRACTOR'S use of water, electricity or natural gas from the private property, and storage of material or equipment, and turning around /parking of his vehicles on private property. All private property and utilities on private property shall be protected from construction by CONTRACTOR. Any damage to private property that takes place as a result of the CONTRACTOR'S work shall be repair or replaced to the City's satisfaction by the CONTRACTOR at no cost to the City. 1.15 TREE & TREE ROOTS At locations where tree roots are encountered, the CONTRACTOR shall cut out the tree roots to the full cross section of the new work a minimum of two (2) feet III -A -6 Agreement No. 4976 below finished grade under the supervision of the Recreation and Parks Department. Cost of this work shall be included in the other items of work. No tree shall be removed from public property without the approval of Recreation and Parks Department. 1.16 CURB DRAIN OUTLETS The CONTRACTOR shall reconstruct all curb drainage outlets that fall within the limits of his /her work. Cost of this work shall be included in the other items of work. 1.17 OTHER METER BOXES; PULL BOXES The CONTRACTOR shall make adjustments to all other meter boxes and electrical pull boxes (within the work limits) to match new grade. Cost of this work shall be included in the other items of work. 1.18 UTILITIES Potholing of existing utilities should take place one week prior to the start of the construction to allow adequate time for the necessary protection, removal and rearrangement of utilities by either the utility owner or the CONTRACTOR, as applicable. For work to be performed by a utility owner, the construction schedule shall allow for the time period required by the utility owner for such work. The CONTRACTOR shall notify the ENGINEER in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or rearrangement of utilities, and shall obtain the ENGINEER'S approval of such changes. No additional compensation will be allowed for modifications to trench shoring caused by utility service connections whether or not the utility services are shown on the Plans. 1.19 STORAGE OF MATERIALS AND EQUIPMENT The CONTRACTOR shall be responsible for obtaining a site for storage of material and equipment. The CONTRACTOR shall submit to ENGINEER proposed location of any storage area for approval prior to mobilizing area. The sites for stockpiling and batching materials shall be clean and free from objectionable material and shall have all necessary stormwater protection devices erected and maintained to comply with NPDES Permit laws. Cost of stormwater protection shall be included within the other bid item costs. The City does not guarantee any designated property within the City or any area within the public right of way for storage of materials. 111 -A -7 Agreement No. 4976 If the CONTRACTOR finds a private property for storage of his materials, the CONTRACTOR shall furnish the City a letter of approval and a letter of release (at the end of the job and cleanup of the storage site) from the property owner for this purpose. 1.20 NPDES COMPLIANCE A. CONTRACTOR shall thoroughly clean dust and debris resulting from his operations to comply with the "Clean Water Act." Sweeping, wet vacuuming, and /or other approved measures of removing such debris shall be taken during the removal and construction operations. No dust or debris shall be deposited or discharged into the storm drain facilities. CONTRACTOR shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set at least eight (8) hours. Disposal of water shall be the sole responsibility of CONTRACTOR. Disposal methods shall conform to the Porter - Cologne Water Quality Control Act of 1974, the Federal Water Pollution Control Act Amendments of 1972, and the California Administrative Code, Title 23, Chapter 3. CONTRACTOR shall not discharge or permit to be discharged to any street, channel, river, storm drain, or any appurtenances thereof, any non -rain water or other fluid substance from the project or from operations pertaining to the project site without first securing a valid National Pollutant Discharge Elimination System ( NPDES) permit unless the discharge is specifically listed as exempt or conditionally exempt in the most current list issued by the Regional Water Quality Control Board, Los Angeles Region. CONTRACTOR shall implement all necessary Best Management Practices (BMPs) to ensure that any conditionally exempt discharge meets all current requirements of the Regional Water Quality Control Board and City. City may prohibit or restrict any discharge if, in its sole discretion, the discharge is polluting, unsafe, or causes a nuisance condition to be created. B. CONTRACTOR shall reduce the discharge of pollutants in storm water runoff to the maximum extent practicable by the effective implementation of appropriate BMPs. The following are the minimum requirements: 111 -A -8 Agreement No. 4976 I. Sediments from areas disturbed by construction shall be retained on site and stockpiles of soil shall be properly contained to minimize sediment transport from the site to streets, drainage facilities, or adjacent properties via runoff, vehicle tracking, or wind. II. Construction - related materials, wastes, spills, or residues shall be retained at the construction site to minimize transport from the work area to streets, drainage facilities or adjoining properties via vehicle tracking, runoff, or wind. III. Non - stormwater runoff from equipment and vehicle washing shall be contained at project sites. IV. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as limiting grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. C. The selection, submittal, and adherence to BMPs are the responsibility of the CONTRACTOR. The selected BMPs must be submitted to and approved by City prior to performing any operation under this contract which will disturb or expose soil, including, but not limited to: excavation, grading, demolition, clearing and grubbing, pavement removal, etc. D. Construction activity that results in soil disturbances of less than one acre is subject to the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) if the construction activity is part of a larger common plan of development that encompasses one or more acres of soil disturbance or if there is significant water quality impairment resulting from the activity. If it is determined that the entire site consists of one acre or greater, the CONTRACTOR must file a Notice of Intent (NOI) with the State to comply with the terms of the General Permit, and must provide proof of a Waste Discharge Identification (WDID) Number to the City prior to the issuance of a grading permit. The preparation, submittal and adherence to all NOls, Storm Water Pollution Prevention Plans (SWPPPs), Wet Weather Erosion Control Plans (WWECPs), and CONTRACTOR Self- Inspection Forms are the responsibility of CONTRACTOR. E. The City may restrict the continuation of work if it is determined that the CONTRACTOR has not met all the NPDES requirements. F. The cost of complying with these environmental requirements shall be considered included in the Contract bid price for other items of work unless the cost of compliance is listed as a separate bid item within the bid schedule. 1.21 DISPOSAL OF REMOVALS III -A -9 Agreement No. 4976 There are no authorized dump facilities within the City of El Segundo. All removed materials shall become the property of the CONTRACTOR and shall be legally disposed by him/ her at the end of each work day away from the site of work. 1.22 REPAIRS, REPLACEMENTS AND CLEANUP The CONTRACTOR shall repair at his /her own expense any damage to curbs, gutters, sidewalks, landscaping and irrigation systems, or any other property of the City, or of adjacent private property caused him /her in the performance of the work. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory and neat appearance. Work will not be approved until proper cleanup is accomplished. All cleanup costs shall be absorbed in the CONTRACTOR'S bid. 1.23 TRAFFIC CONTROL, PUBLIC SAFETY AND CONVENIENCE Traffic control, construction signing, and traffic maintenance shall comply with the provisions of Sub - section 7 -10 of the SSPWC "Greenbook" Standard Specifications and the current requirements set forth in the California Manual on Uniform Traffic Control Devices published by the Department of Transportation, State of California, the CONTRACTOR'S Traffic Control Plans and these Special Provisions. Public Convenience: At the pre- construction meeting, the CONTRACTOR shall submit a construction schedule to the City for approval. Based on the construction schedule, the CONTRACTOR will notify residents and businesses of the proposed work (as discussed previous Public /Resident Section above) and post temporary "NO PARKING" signs at no cost to the City. Signs shall be posted at all intersections a maximum of 200 feet between signs. Signs may be attached to existing poles or street light standards. When necessary, the CONTRACTOR shall furnish the posts. Signs shall be posted at least seventy -two (72) hours prior to any construction in the area. Signs shall show specific dates and time of parking restrictions. The dates and times on the signs shall be site specific and shall cover the minimum time required for "NO PARKING" to facilitate construction. Generic long term "NO PARKING" time designations are not acceptable. Parking shall not be restricted during any period when construction activity is not scheduled at the particular site. III -A -10 Agreement No. 4976 On streets where parking is being temporarily prohibited on one side due to construction and where the other side of the street has permanent "NO PARKING ANYTIME" signs, the CONTRACTOR shall contact the City Police Department and Public Works Department Street Division and obtain approval to bag these "NO PARKING ANYTIME" signs until construction has been completed for the subject block. ONCE A SECTION OF STREET HAS BEEN POSTED, FAILURE OF THE CONTRACTOR TO MEET AND COMPLETE THE APPROVED DAILY SCHEDULE DUE TO CONDITIONS UNDER THE CONTRACTORS CONTROL, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR FAILURE TO MEET AND COMPLETE THE SCHEDULE AFTER POSTING, THE CONTRACTOR SHALL PAY TO THE CITY, OR HAVE WITHELD FROM MONIES DUE, THE SUM OF $200 AS LIQUIDATED DAMAGES FOR EACH DAY OF ADDITIONAL POSTING REQUIRED TO COMPLETE THE PROPOSED WORK. REPOSTING AND NOTIFICATION WILL BE REQUIRED FOR EACH MISSED DAY. SAID POSTING AND NOTIFICATION WILL BE AT THE CONTRACTOR'S EXPENSE. The CONTRACTOR shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Sub - section 7 -10 of the General Provisions. Should the CONTRACTOR appear to be neglectful or negligent in furnishing warning and protective devices, the City Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed immediately by the CONTRACTOR at his /her expense. Should the City point out the inadequacy of warning and protective measures, such action on the part of the City Engineer shall not relieve the CONTRACTOR from responsibility for public safety or abrogate his /her obligation to furnish and pay for these devices. If said devices will be placed or caused to be placed by the City Engineer, the cost of placing such devices shall be the sole responsibility of the CONTRACTOR and shall be paid for the rate of $50 /hour for labor and vehicle use, $20 /day per barricade and any other costs incurred by the City relative to traffic control. Said costs shall be deducted from the total contract price for the work. Construction Signing: Construction signing shall consist of furnishing, installing, maintaining and removing construction signs and barricades as required by the California Manual on Uniform Traffic Control Devices. The traffic control system shall be installed on a road prior to starting work for that road and shall not be removed until all work has been completed on that road. III -A -11 Agreement No. 4976 Traffic Maintenance: The CONTRACTOR shall be responsible for handling vehicular and pedestrian traffic in accordance with Sub - section 7 -10 of the SSPWC "Greenbook" Standard Specifications of these Special Provisions. The CONTRACTOR shall prepare all necessary traffic control plans prior to commencement of any work and submit to the City for approval at the pre - construction meeting. The CONTRACTOR shall cooperate with the ENGINEER relative to handling traffic through all work areas When two -way traffic is restricted to one (1) lane, traffic shall be controlled as required by California Manual on Uniform Traffic Control Devices. A pilot car and driver will be required at various locations if control by flaggers proves deficient in the opinion of the Engineer. In no case shall the CONTRACTOR provide less than one (1) lane of travel through the construction zone on all of the subject streets. CONTRACTOR'S equipment and personal vehicles of the CONTRACTOR'S employees shall not be parked on the traveled way at any time. Parking of construction equipment shall be confined to the approved storage site. The CONTRACTOR shall conduct all operations so as to provide reasonable access to the adjoining properties and have no greater length or quantity of work under construction that can be properly prosecuted with a minimum of inconvenience to the public. For each establishment, i.e. parking lots, business establishments and apartment buildings, the CONTRACTOR shall provide vehicular access to at least one (1) driveway. III -A -12 Agreement No. 4976 2.0 Construction Materials and Methods 2.1 CONSTRUCTION MATERIALS Pipes and Joints VCP sewer pipe shall be Extra Strength Pipe in accordance with subsection 207- 8 of the Standards Specifications. Pipe joints shall be Type "D" in accordance with subsection 208 -2 of the Standard Specifications. Bedding material shall be '/2" maximum crushed rock in accordance with subsection 200 -1.2 of the Standard Specifications. Native material shall be used for backfill above the bedding. Repair clamps shall be a minimum of 6 inches wide and shall be rubber sleeve couplings with stainless steel compression bands and shear rings as manufactured by Mission Products, Fernco, or approved equal. Manholes and Terminal Cleanout Structures • Manholes shall be precast concrete and in accordance with SPPWC Standard Plan 200 -3. 0 Concrete for manhole base shall be Class 560 -B -3250 in accordance with subsection 201 -1.1.2 of the Standard Specifications. 0 Concrete for terminal cleanout structure bedding and encasement shall be Class 450 -C -2000 3250 in accordance with subsection 201 -1.1.2 of the Standard Specifications. 0 Mortar for assembling precast concrete manhole units shall be Class "B" in accordance with subsection 201 -5 of the Standard Specifications. • Manhole frame and cover shall be cast iron and in accordance with SPPWC 210- 3. • Terminal cleanout structure access frame and cover shall be cast iron and in accordance with SPPWC 204 -2. 2.2 BYPASS PUMPING The CONTRACTOR shall provide adequate bypass pumping for all sewer main repairs and replacements. The CONTRACTOR shall prepare and submit for approval Sewage Bypass and Pumping Plan(s) and Spill Prevention and Emergency Response Plan(s). 2.3 TEMPORARY SEWER SERVICE Disruptions in the sewer service are not permitted at any time unless special authorization is given by the Public Works Director. The CONTRACTOR shall furnish adequate temporary sewer service to all customers that will be affected by construction. The CONTRACTOR shall furnish all necessary III -A -13 Agreement No. 4976 adequately -sized piping, tanks trucks and associated equipment used in providing temporary service. The CONTRACTOR shall submit to the City for review a plan and method, or methods, he /she intends to use to furnish this temporary sewer service, with evidence to show that the system he /she proposes will adequately serve the requirement of the customers. The duration of the temporary sewer service will be kept to a minimum. 2.4 TRENCH SHORING All excavations shall be shored in accordance with the California Department of Industrial Relations Construction Safety Orders, Subchapter 4, Article 6, Excavations, Section 1541; shoring, sloping, and benching systems, and all other applicable sections listed in Barclays California Code of Regulations. Trench shoring shall be constructed and installed in accordance with subsections 7- 10.4.1 and 306 -1.1.6 of the Standard Specifications. The shoring plans and calculations must be stamped and signed by a Civil or Structural engineer currently registered in the State of California. All excavations in paved streets shall be covered with steel plates until trench resurfacing has been completed. The steel plates may be removed during working hours at locations where entry is required into the excavation but shall be replaced at the end of each work day. Steel plate bridging shall conform to the following: Approach plate(s) and ending plates (if longitudinal placement) shall be attached to the roadway by a minimum of 2 dowels pre - drilled into the corners of the plate and drilled 50 mm into the pavement. Subsequent plates are butted to and tack - welded to each other. To prevent the inflow of surface water and minimize excessive vibration, fine grade asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 1 -foot taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement shall be backfilled with either graded fines of asphalt concrete mix, concrete slurry, or an equivalent slurry satisfactory to the inspector. The Contractor shall be responsible for maintenance of the steel plates, shoring, and asphalt concrete ramps. The steel plates shall overlap the excavation to provide a minimum of 12 inches of bearing between the pavement surface and the plate on each side of the excavation. The following table shows the minimum thickness of steel plate bridging required for a given trench width: III -A -14 Agreement No. 4976 Trench Width Minimum Plate Thickness 1 ft 0.50 in 2 ft 0.75 in 3 ft 0.88 in 4 ft 1.00 in 5.2 ft 1.25 in For spans greater than 5.2 ft, a structural design shall be prepared by a California registered civil engineer and approved by the State. Steel plate bridging shall be steel designed for HS20 -44 truck loading per Caltrans Bridge Design Specifications Manual. The Contractor shall maintain on the steel plate a non -skid surface having a minimum coefficient of friction equivalent to 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction to correlate skid resistance results to California Test Method 342. A Rough Road sign (W33), with black lettering on an orange background, may be used in advance of steel plate bridging. This sign is to be used along with any other required construction signing. 2.5 SEWER MAIN REPAIR Sewer main repair consists of verifying the location of repair and /or replacement through CCTV inspection of the pipeline, inspection of pipelines, furnishing and installing all pipe materials, labor, equipment, excavation, sheeting/ shoring, backfill, dewatering, testing, bypass pumping, removal and disposal of existing pipe and structures (where required), connection of existing laterals (where required), pavement removal and disposal, temporary and permanent pavement replacement, traffic control and other miscellaneous work required to complete watertight point repairs determined to be necessary. All sewer main repairs shall be completed in strict accordance with this section of the Specifications. The term "point repair" shall refer to construction required to correct a severe problem at a specified location in a sewer line which cannot be corrected by internal sewer line grouting. Point repairs will be line replacements of 3 linear feet minimum performed at locations previously identified during internal sewer inspections. The length of pipe to be replaced at each point is representative only and may not reflect the actual extent of work required. If additional length is required to be replaced beyond that described, based on field observations, the Contractor, at the Engineer's instruction, may be directed to replace additional sections of pipe such that an appropriate connection to sound pipe is possible. No change in contract price shall be deemed justified due to a change in the length of pipe, 12 linear feet or less, for each point repair line item. Payment for additional replacement over 12 linear feet shall be at the unit prices bid. III -A -15 Agreement No. 4976 The term "lining" shall refer to construction required to correct/ repair sewer main lines without trenching. Approved lining systems are CIPP Liner, Folded and Reformed PVC Pipe Liner. Only the materials described in this section may be used. Contractor proposals for material alternates and substitutions that do not appear on the approved list are not equal and are not acceptable. A. Locate all existing underground utilities before beginning excavation for main line and service connection repairs from the manhole reference. B. Where a sewer main repair is to be made underneath existing pavement or concrete, the surface to be excavated shall be saw cut in straight lines. C. Where a sewer main repair is to be made in an easement, any fences or other interferences shall be removed. Contractor is responsible for replacement of such interferences in the same or better condition than found. D. Exercise reasonable care during the initial excavation of the defective pipe so as not to disturb existing pipe that is still acceptable. After the defective pipe has been exposed, as much additional pipe shall be uncovered as is necessary to allow space for workmen and the installation of the new pipe. The defective pipe shall be cut in such a way that the ends are straight and smooth and free of chips or cracks so that a smooth plain -end spigot exists at both ends to receive replacement section. The defective pipe shall be removed from the trench and the former bedding material of that pipe excavated to 6 inches below the pipe grade. The bottom of the trench shall then be filled with 6 inches of /z to % - inch crushed stone. E. All pipes and fittings shall be extra strength or high strength Vetrified Clay Pipe (VCP) unless otherwise specified, manufactured in accordance with ASTM C -700. Pipe joints should conform with section 208 -2 of the SSPWC "Greenbook" Standard Specifications. 6, The pipe repair shall begin at the lowest point of reach unless approved otherwise by the Engineer. 7. Before sewer pipe is placed in position in the trench, carefully prepare the bottom and sides of the trench and install any necessary bracing and sheeting required. H. On sewer lines where more than 6 feet of existing line is replaced with new pipe, a mason's line or wire shall be tightly stretched above ground level, parallel to and directly above the axis of the pipe to be installed. This line to be supported at intervals not exceeding 50 feet on sewers being laid on a 2 percent or more grade and not exceeding 25 feet on grades less than 2 percent. The exact line and grade for each section of pipe shall be determined by measuring down this line to the invert of the pipe in place. Each replacement pipe section shall be accurately III -A -16 Agreement No. 4976 placed to the exact same line and grade as the existing sewer line. Furnish all labor and materials necessary for erecting batter boards. While pipe laying is in progress, do not allow water to run in the trench sufficient to cause a washing of the bedding or backfill material into the line. Do not open up at any time more trench than available pumping facilities are able to dewater. Trench bottoms found to be unsuitable for foundations after pipe laying operations have started shall be corrected and brought to exact line and grade as required. K. Carefully inspect each piece of pipe and special fitting before it is placed, and no defective pipe shall be laid in trench. Pipe laying shall proceed upgrade, starting at the lower end of the grade and with the bells upgrade. When pipe laying is not in progress, the ends of the pipe shall be kept tightly closed with an approved temporary plug. L. Bell holes shall be of sufficient size to allow ample room for properly making the pipe joints. Bell holes shall be cut out not more than two joints ahead of the pipe laying. The bottom of the trench between bell holes shall be carefully graded so that each pipe barrel will rest on a solid foundation for its entire length. Each pipe joint shall be laid to form a close concentric joint with adjoining pipe and so as to avoid sudden off -sets or inequalities in the flow line. K Wherever dissimilar pipe materials are joined, the replacement pipe shall be cut to a length one inch less than the overall length of the section being replaced. The pipe shall then be placed in the trench and the compression couplings installed. After installation, the work shall be checked to ensure that the replacement pipe is vertically and horizontally aligned with the existing pipe and that the compression couplings are tight and evenly fitted. N. If the point repair work occurs in an area of construction adjacent to or that is part of a service line connection, the existing service line(s) shall be connected to a new line, using new tees, wyes, and other fittings, as required. Service lines shall be replaced from the tee or tap up to sound pipe. If necessary, due to poor pipe conditions, and at the direction of the Engineer, service lines shall be replaced to the property line. Service lines cut and temporarily plugged for the purpose of point repairs or sewer line replacement shall be reconnected and placed back into service the same day. Maintain existing sewage flow from the service connections during construction. O. Any sound portion of the main sewer pipe or service line broken by the Contractor's negligence or carelessness shall be replaced at the Contractor's expense. P. The finished installation shall be free from visual defects, damage, deflection, holes, etc. There shall be no visual infiltration. III -A -17 Agreement No. 4976 2.6 ODOR AND NOISE MITIGATION When working inside manholes and sewer lines, the contractor shall exercise caution and comply with OSHA requirements when working in the presence of hydrogen sulfide. To minimize the dispersal of sewer odors above ground the contractor shall: A. Seal all open sanitary manholes or access openings in the lines when his operations have been suspended for period of two hours or more; B. Vent and filter hydrogen sulfide gases upstream of the opening line during construction operations when open manholes or access openings cannot be sealed; C. Not allow the hydrogen sulfide gas level to exceed 5 ppm (by volume) at the outside wall of any habitable structure or at any point within 25 feet of sewer opening. Within 30 days after execution of the contract the contractor shall submit odor and noise mitigation plans for the approval by Engineer. 2.7 CROSSING WATER LINES AND STORM DRAIN LINES A. Where sewer lines cross storm drain lines and below water lines with an 18 -inch clearance or greater separation, backfill with crushed stone between the sewer main and storm drain or water main crossing. B„ Where sewer lines cross storm drain lines with less than an 18 -inch separation, the sewer pipe shall be encased with 3,000 psi concrete for a distance of 5 feet each side of the crossing. C. Where sewer lines cross below water lines with less than an 18 -inch separation, the sewer pipe shall be encased with 3,000 psi concrete for a distance of 10 feet each side of the crossing. 4. Where sewer lines cross above water lines, both the sewer main and water main shall be ductile iron pipe with joints that are equivalent to water main standards, placed such that the joints are centered for a distance of 10 feet on each side of the point of crossing. 2.8 CONNECTIONS Replacing connections to existing manholes or inlets by removing all connecting pipe and existing mortar, inserting a length of sewer pipe into the hole, sliding pipe gasket onto the pipe such that the gasket will be centered within the manhole wall, filling around same III -A -18 Agreement No. 4976 with grout, Hydraulic Cement for Manholes, and troweling the inside and outside surfaces of the joint to a neat finish. As specified elsewhere, the bottom of the manholes shall be shaped or reshaped as necessary to fit the invert of the sewer pipe. 2.9 SEWER PIPE LINING Field verify pipe sizes and lengths prior to ordering liner materials. Provide written notification to the Engineer detailing any discrepancies between information obtained in field and plans. The Contractor should verify the condition of host pipe. If pipe rehabilitation does not commence within twenty -four (24) hours after pipe cleaning, the pipeline must be re- cleaned. Re- cleaning will not be necessary if the contractor installs and maintains an approved method to capture debris and prevents debris from entering the cleaned reach of pipe. The proposed debris collection method must be submitted to Engineer for approval prior to cleaning of pipelines. Should the debris collection method fail and allow debris to contaminate a cleaned pipe, the contractor must re -clean the pipe. Submit bypass pumping plans and locations with sufficient detail to assure that work can be accomplished without sewage spill. Provide an Emergency Spill Response Plan. Identify standby equipment and procedures. Provide Grouting plan, including description of equipment and injection points, Provide grout formulation, including curing time and verification of compressive strength, apparent viscosity, and shrinkage. The contractor or subcontractor performing the work of this section shall be licensed and certified by the repair system manufacturer. If a subcontractor is used, the subcontractor performing grout, shall be experienced in grouting of annular spaces in sewer rehabilitation. Exercise adequate care during transportation, handling, and installation to ensure liner material is not torn, cut, exposed to direct sunlight, or otherwise damaged. If any part(s) of liner material becomes torn, cut, or otherwise damaged before or during insertion, repair or replace at contractor's expense before proceeding further. Damaged, degraded or otherwise rejected materials: Following written notification of rejected materials by the inspector, segregate the rejected material immediately and remove from the jobsite within 72 hours. Service connections (includes house connections, laterals and cleanouts): Provide each affected user with 48 hours advance notice prior to restricting flow. Provide temporary III -A -19 Agreement No. 4976 sanitary collection services during flow restrictions. Immediately following pipe rehabilitation, the service connections must be restored as quickly as possible and within 24 hours. The circumference of the restored service connection must be smooth and fully open. Service connections that are overcut must be repaired by remedial point repair. The contractor may elect to use remote - controlled devices to restore service connections. In such case, provide a contingency plan to restore all service connections within 24 hours by excavation should the remote - controlled device fail or prove ineffective. End Seals: At each end of each pipe rehabilitation, seal the annulus with approved rubber gaskets and /or sealants to withstand 35 kPa (5psi) positive and negative pressure. All liner edges must be cut smooth. Apply beads of approved sealant forming approximately '/2" fillets. Tool sealant to create a smooth transition for the flow and does not snag debris. Where necessary to allow sealant to bond and cure, install a temporary internal bypass. If the contractor installs a liner through a maintenance hole, the contractor has two options: 1) Remove the entire liner within the maintenance hole leaving a' /2" to 1 Y2" shelf to accept sealant as explained above; or 2) Remove the crown of the new liner, leaving the maintenance hole through lined. For the latter, seal the new liner at all cut edges as explained above. Along the trough over cut liner to allow the finished sealant surface to be smooth and to remain within the trough. The maintenance hole shelf shall not have any lips or protrusions extending above the trough. Reinstatement of services: Immediately reinstate live services after leak testing is complete and acceptance of sewer line is achieved. a. Reconnect from interior of sewer line by means of television camera and remote - controlled cutting device. D. Excavation will not be allowed, E. Holes cut through rehabilitation liner shall be neat and smooth, and match bottom or reinstated service line. F. Reinstate service opening to minimum of 95 percent and maximum of 100 percent of service lateral pipe area. G. New edge shall be crack -free with no loose or abraded material, H. Seam between host pipe and new liner at reinstated service shall be free of gaps, voids, or cavities. Grout gaps, voids or cavities at this joint with packer and approved grouting system. Post - construction CCTV will show focused close -up of entire perimeter of each service connection. III -A -20 Agreement No. 4976 J. Provide fully - operational backup device for reinstating service laterals. If for any reason remote cutting device fails during reinstatement of service lateral, standby device shall be immediately deployed to complete reinstatement. 2.10 ABANDONMENT OF CONDUITS AND APPURTENANCES Sewer mains shall be abandoned in place by cutting the pipes as shown on the Plans and securely sealing the open portions with concrete. 2.11 REMOVAL AND REPLACEMENT OF SURFACE IMPROVEMENTS Removals a) General Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways, shall be removed in connection with construction shall be removed in accordance with 300.1 -3 of SSPWC "Greenbook" Standard Specifications unless otherwise specified in these specifications. b) Bituminous Pavement Prior to start of excavation for main line and laterals, A.C. pavement shall be saw cut, removed and hauled off site. Where the edge of the excavation of the existing pavement comes within three (3) feet of the outer edge of the pavement against gutter line or curb face, the existing paving shall be removed to the gutter line or curb face and the pavement laid to gutter line or to the curb face. Where the edge line of the pavement removed for the pipeline trench excavation is more than three (3) feet from the gutter or curb face the Contractor, before placement of permanent paving (including base material), is to cut the existing paving nine (9) inches back from the edge of the trench and remove that existing pavement. In addition thereto, the existing paving is to be mechanically ground down by a minimum of 1 '/z inches by an additional 12 inches width. The permanent paving shall then be extended as an overlay into this area. Should after grinding there remain less than two (2) inches of pavement then the remaining pavement shall be removed and replaced with a full depth permanent pavement. C) Portland Cement Concrete Pavement Concrete pavement shall be removed to neatly sawed edges. Saw cuts shall be made a minimum depth of 1 '/2 inches. If a saw cut in concrete pavement falls with I I I -A -21 Agreement No. 4976 three (3) feet of a construction joint, cold joint, expansion joint, or edge, the concrete pavement adjacent to trenches, where damaged subsequent to saw cutting of the pavement, shall again be saw cut to neat straight lines for the purpose of removing the damaged pavement areas. Such saw cuts shall be parallel to the original saw cuts. d) Concrete Curb, Sidewalks, Gutters, Cross Gutters, Driveways, and Alley intersections Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1 '/2 inches in either length or width. If the saw cut in sidewalk or driveway would fall within thirty (30) inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within twelve (12) inches of a score mark, the saw cut shall be made in and along the score mark. e) Payment Full compensation for removal and disposal of materials required to perform the construction operations specified shall be included in the price bid for the item it is incidental to and no additional compensation will be allowed therefore. Include allowance for pavement removal in the price bid for items where it is incidental to. No extra compensation will be made should additional existing pavement need to be removed due to damaged cause by Contractor's operations. Reconstruction a) General The street surfaces of all excavations shall be restored either initially by temporary paving to be followed within thirty (30) days by permanent paving, or initially by permanent paving. When temporary pavement is placed it shall be brought up to level with existing pavement and maintenance thereafter until replaced with permanent pavement. The final surface course shall be one (1) inch thick. Do not place final surface course until at least thirty (30) days after traffic has been returned to that portion of the street. b) Sub -grade Preparation Excavate and shape sub -grade to line and grade allowing for aggregate base and asphalt concrete pavement. The sub -grade shall be considered to extend over the full width of the base course. III -A -22 Agreement No. 4976 The top thirty (30) inches of the sub -grade shall be compacted to 95% relative to compaction. The finished sub -grade shall be within a tolerance of +/- 0.08 of a foot of the finished grade less the thickness of aggregate base and A.C. pavement and shall be smooth and free from irregularities. C) Crushed Aggregate Base Crushed aggregate base shall be in accordance with Section 200 -2.2 and shall be installed in accordance with Section 301 -2 of SSPWC "Greenbook" Standard Specifications. Aggregate base shall be two (2) inches greater than the existing base. However, if there is no existing base, a minimum of six (6) inches of crushed aggregate base shall be provided. Prime Coat All areas to be paved shall receive prime coat at the rate of 0.25 gallon per square yard, per Section 302 -5.3 of SSPWC "Greenbook" Standard Specifications. Prime coat shall be slow curing (SC -70) in accordance with section 203 -2 of SSPWC "Greenbook" Standard Specifications. e) Tack Coat All surfaces to receive finish pavement shall be uniformly applied with a tack coat of PG 64 -10 paving asphalt of an approximate rate of 0.05 gallon per square yard, or Grade SS-1h emulsified asphalt at an approximate rate of 0.05 to 0.10 gallon per square yard in accordance with Section 302 -5.4 of SSPWC "Greenbook" Standard Specifications. f) Asphalt Concrete Pavement Pavement thickness shall be one (1) inch greater than the existing pavement, but not less than four (4) inches. Asphalt concrete shall be III -C2 -PG 64 -10 in accordance with Section 400 -4 of SSPWC "Greenbook" Standard Specifications. Construction of asphalt concrete pavement shall be in accordance with Section 302 -5 of SSPWC "Greenbook" Standard Specifications. III -A -23 Agreement No. 4976 g) Joining Existing Pavement Where new paving joins existing paving, ground down the existing surfaces twelve (12) inches back from the joint line so that there will be sufficient depth to provide a minimum of one (1) inch of asphalt concrete. Join line shall be straight and edges vertical. h) Slurry Seal Coat After final paving, apply type 1 slurry seal coat in accordance with section 302 -4 of SSPWC "Greenbook" Standard Specifications to the entire roadway surfaces, from edge of gutter to edge of gutter. i) Surface Tolerance After paving has been installed and compacted, spray water over the entire paved area. Correct any areas where water collects and does not drain away. j) Painting, Traffic Stripping and Pavement Markings Apply temporary and permanent stripping in accordance with Section 310 -5.6 of SSPWC "Greenbook" Standard Specifications. Place temporary striping after the base course of A.C. pavement has been completed in the same configuration as the existing permanent striping so that traffic can be returned to normal patterns. This striping shall be considered temporary and is the Contractor's responsibility to place and maintain. Place temporary dribble lines within 24 hours after applying slurry seal, and place permanent striping between five (5) and seven (7) calendar days after applying slurry seal. k) Full compensation for replacement of surface improvements shall be included in the price bid for the pipeline stated in the proposal and no additional compensation will be allowed therefore. Include allowances for pavement replacement in the price bid for items where it is incidental to. No extra compensation will be made should additional paving need to be done due to Contractor's operations. 2.12 COLD MILLING All Cold Milling operations shall conform to section 302 -5.2 of the Standard Specification, the plans and these special provisions. I I I -A -24 Agreement No. 4976 Existing AC pavement within the project limits shall be cold milled approximately 2 inches at the locations and to the dimensions and details shown on the plans or as directed by the City Engineer. The final cut shall result in a uniform surface conforming to the typical cross section. Contractor's attention is directed to the condition that if presence of pavement fabric, rubberized material or steel reinforcement within the depth to be cold - milled is encountered, Contractor shall inform the inspector or City staff immediately and seek inspector or City staff's direction before excavation commencement. It is the Contractor responsibility to remove all the thermoplastic pavement markings prior to the cold milling operation. At all locations where an overlay pavement is joining or overlaying existing asphalt pavement, the Contractor shall cold mill existing pavement to provide straight neat lines and feather the new pavement to form a smooth transition with the existing pavement. This condition is particularly required at locations where the project joins the existing pavement. At these locations, the Contractor will be required to match the existing pavement elevations. The final cap transition between the streets must be smooth and neat in appearance, including the radius points. The City has made every reasonable effort to locate and mark on the plans all known metal roadway improvements such as sewer manhole covers, water valve covers, and catch basin covers, which if struck, could damage the cold milling cutting drum and /or carbide tipped cutting teeth. The City makes no guarantee that it has successfully located all said items; therefore the contractor shall thoroughly inspect the work site in advance of the cold milling operation to minimize the risk of striking any these items. Care shall be exercised not to damage adjacent concrete curbs or gutters. Curb or gutter damaged due to cold milling work shall be replaced as approved by the inspector or City staff at the Contractor's expense. The contractor shall restore and existing area drainage when replacing curb. Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by sweeping and properly disposed. No washing of residue into drainage structures will be allowed. All catch basins and curb inlets shall be covered, utilizing the BMP which most appropriately fits the situation, and as approved by the City Engineer. The Contractor shall make every effort to control all dust created by his operations by utilizing the Best Management Practice approved by the State Water Resource Control Board. Temporary ramping, where required by the inspector or City staff for traffic control or other purposes, and shall be considered included in the price bid for "Traffic Control ", and no additional compensation will be allowed. 111 -A -25 Agreement No. 4976 Payment for COLD MILLING shall be at the unit price bid per SQUARE FOOT (SF), and will be based on the actual area of surface planed regardless of the number of passes required. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in COLD MILLING including disposing of material removed and no additional compensation will be allowed thereof. 2.13 ASPHALT CONCRETE OVERLAY Prior to placement of ACHM, areas of asphalt upheaval and cracks shall be removed and repaired. Asphalt upheaval of cracks in areas scheduled to be resurfaced and not removed by cold milling shall be removed flush by crack planning or other approved methods. Existing cracks or holes % inch or larger shall be cleaned and filled or repaired with liquid asphalt, cold mix, hot mix or as directed by the inspector or City staff. Existing cracks smaller than Y4 inch shall be cleaned of vegetation only. Cleaning of cracks or holes shall be by power brooming, compressed air, or other approved methods. Payment for crack planning and crack preparation shall be considered as included in the unit prices bid for ACHM overlay work and no additional payment will be made therefore. Work to be performed under this item shall conform to Section 300 of the Standard Specifications and these Special Provisions. Asphalt concrete hot mix, C2 -PG 64 -10, shall conform to applicable Subsection 203 of the provisions of Section 200 of the Standard Specification and these Special Provisions. The viscosity grade of paving asphalt shall be PG 64 -10. Tack coat shall be PG 64 -10. This work shall consist of furnishing, spreading and compacting a 2" thick asphalt concrete pavement surface course. This work shall also consist of applying paint binder (tack coat) to the existing pavement surface and vertical surfaces to be joined. Joining existing pavement shall be done to the satisfaction of the Engineer. The finished edge of the new pavement at gutter plate shall be no less than W and no greater than 3/8" above the existing gutter plate. Contractor shall be responsible for verification of grades prior to installation of ACHM paving. Contractor shall guarantee positive drainage in all areas. All areas which retain standing water will be corrected as directed and approved by the City at no expense to the City. The Contractor shall be responsible for maintaining the location of and access to, all waterline gate valves during construction operations. Payment for 2" ACHM shall be at the unit price bid per SQUARE FOOT (SF). The contract unit price shall include full compensation for furnishing all labor, materials, ^. Agreement No. 4976 tools, equipment, and incidentals, and for doing all work involved, complete in place and no additional compensation will be allowed thereof. All properly established sheetflow & flow line slopes slopes and grades shall remain the same after paving as before unless an existing ponding problem is noticed and brought to the inspector or City staffs attention prior to cold milling. 2.14 CLEANUP After completing each section of the sewer line repair, remove all debris, construction material, and equipment from the site of the work; grade and smooth over the surface of both sides of the line; reseed and /or repave as required; and leave the entire right -of -way in a clean, neat and serviceable condition. 2.9 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK & WARRANTY All work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the areas established by Public Works' staff, or any extra work done without written authority, shall be considered unauthorized and will not be paid fo r. Upon failure on the part of the Contractor to comply forthwith with any order of the PW staff made under the provisions of this article, the PW staff shall have the authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the cost thereof from any monies due or to become due the Contractor. The fact that the work and materials have been inspected from time to time, and payments on account have been made, does not relieve the Contractor from the responsibility of replacing and making good any defective work or materials that may be discovered within one year from the date of the completion of the work by the Contractor and its acceptance by the City. All work performed shall be guaranteed by the contractor for a minimum of two (2) years after acceptance of the work. III -A -27 Agreement No. 4976 3.0 MEASURE AND PAYMENT 3.1 BASE BID ITEMS Measurement for payment of base bid items will be paid for at the unit price per item and shall include compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to provide the bid items. The contract price shall include full compensation for coordination, mobilization, and pedestrian /vehicular traffic control. The contract unit price shall include removal and proper disposal of existing surface, debris, and vegetation as necessary, as well as the restoration of public and private property, damaged during the construction, to the City's satisfaction. 3.2 ALTERNATE BID ITEMS If approved, measurement for payment of alternate items will be paid for at the unit price per item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to provide the alternate items. The contract price shall include full compensation for coordination, mobilization, and pedestrian /vehicular traffic control. The contract unit price shall include removal and proper disposal of existing surface, debris, and vegetation as necessary, as well as the restoration of public and private property, damaged during the construction, to the City's satisfaction. Payment of any Alternate Bid Item shall only occur if: The item is awarded with any item of the Base Bid in section 3.1 above and forms part of the original contract purchase order; or 2. The item is added to the project scope through a change order and /or an amendment agreement. Agreement(s) shall be completed by the CONTRACTOR and the City and the original purchase order updated prior to payments occurring for the alternate bid items. 3.3 PROGRESS PAYMENTS AND RETENTION Lump sum items shall be billed on a percentage completed basis. The City reserves the right to request a schedule of values to be submitted by the CONTRACTOR for any bid item in order to determine payment for work completed. Five percent (5 %) shall be deducted from each progress payment and retained by City until punch lists are complete and all permits are signed off by the appropriate City representative. The remainder less the amount of all previous payments will be paid to the CONTRACTOR. III -A -28 Agreement No. 4976 Payment of all, or any part, of an estimate in writing may be withheld on account of any of the following: Defective work not remedied; Third -party claims against CONTRACTOR or City arising from the acts or omissions of CONTRACTOR or subcontractors; Stop Notices; Failure of CONTRACTOR to make timely payments due to subcontractors for material or labor; Damage to the City or others for which CONTRACTOR is responsible; Failure of CONTRACTOR to submit schedules or their updates as required by the Contract Documents; Liquidated damages assessed; Any other failure of CONTRACTOR to perform its obligations under the Contract Documents. 3.4 CONTRACT ITEM CLARIFICATION BASE BID Item 1. Caltrans Permit. The contractor is required to submit an application to Caltrans for a Caltrans Encroachment Permit for all work that is within Sepulveda Boulevard, as well as, for any traffic control on adjacent streets that will affect the traffic patterns of Sepulveda Boulevard. The contractor is responsible for preparing and submitting any required construction plans, site plans, and /or traffic control plans that Caltrans requires, including furnishing a California Licensed Engineering Stamp and Signature on said plans. The contractor is required to pay all Caltrans fees, post all Caltrans bonds, and obtain all Caltrans insurance requirements. The contractor shall obtain the encroachment permit prior to commencing work on the project. The cost of this obligation shall be fully included within this Bid item, as no additional fee will be provided. The fee shall be paid at the LUMP SUM price indicated on the bid, after the contractor has obtain the permit. Item 2. Mobilization /Demobilization. Mobilization /demobilization shall cover all works as described in the Section III, 1.10 of these specifications, and shall be paid at the LUMP SUM price indicated on the bid. Item 3. Traffic Control, Public Safety and Convenience. Traffic control shall cover all works as described in Section III, 1.23 of these Specifications, and shall be paid at the LUMP SUM price indicated on the bid. Item 4. GrindNVater jet (clean out) roots /debris of all sewer mains, MH to MH. The contractor shall, prior to commencement of work, clean out all sewer main segments within the project scope from manhole to manhole (including sections that will only be treated by spot location lining). Fee shall be paid at the unit price indicated in the bid. III -A -29 Agreement No. 4976 Item 5. Pre - construction CCTV Inspection of all sewer mains, MH to MH. The contractor shall, prior to commencement of sewer lining, CCTV all sewer main segments within the project scope from manhole to manhole (including sections that will only be treated by spot location lining). It is the responsibility of the Contractor to use the pre- construction CCTV to verify the condition of the sewer lines, number of house lateral connections, potential chimney structures, to identify unforeseen conditions, and to verify the locations of the spot repairs. Any findings deviating from the plans /specs shall be brought to the attention of the Engineer immediately. CCTV shall be submitted and transferred over to the City. Fee shall be paid at the lump sum price indicated in the bid. Item 6. 4' in -situ SS Lining (Spot Locations per plans /specs). The work shall cover all works as indicated in the plans and these specifications. Contractor shall grind down any protruding laterals, cut openings to re- establish all existing lateral services, as necessary, at no additional cost. Fee shall be paid at the unit price indicated in the bid. Item 7. In -situ SS Lining (MH to MH per plans /specs). The work shall coverall works as indicated in the plans and these specifications, Contractor shall grind down any protruding laterals, cut openings to re- establish all existing lateral services, as necessary, at no additional cost. Fee shall be paid at the unit price indicated in the bid. Item 8. Post - construction CCTV Inspection of all sewer mains, MH to MH. Contractor shall, after completion of work, CCTV all sewer main segments within the project scope from manhole to manhole (including sections that will only be treated by spot location lining) to confirm adequate performance of work. CCTVs shall be submitted and transferred over to the City. Fee shall be paid at the lump sum price indicated in the bid. ALTERNATE BID (Pending approval by the City Engineer) Item 9. 4' In -situ SS Lining (Unspecified Spot Locations). The work shall cover all works as indicated in the plans and these specifications. Contractor shall grind down any protruding laterals, cut openings to re- establish all existing lateral services, as necessary, at no additional cost. Locations to be determined by Engineer during construction. Fee shall be paid at the unit price indicated in the bid. Item 10. In -situ SS Lining (Unspecified MH to MH locations). III -A -30 Agreement No. 4976 The work shall cover all works as indicated in the plans and these specifications, Contractor shall grind down any protruding laterals, cut openings to re- establish all existing lateral services, as necessary, at no additional cost. Locations shall be determine by Engineer during construction. Fee shall be paid at the unit price indicated in the bid. Item 11. Lateral Connection Top Hat Lining (Unspecified locations). The work shall cover all works as indicated in the plans and these specifications. Contractor shall line connections as determined by Engineer during construction with top hat. Fee shall be paid at the unit price indicated in the bid. 111 -A -31 Agreement No. 4976 ATTACH ME NT A Repair Locations Table Agreement No. 4976 u E a u ^? O O 0 O 0 O 0 O 0 O O 0 O O O O 0 O 0 O O E a~ L C M L C fa L C IO = cc G L C fa L C 0) L C IO t C f0 L C 05 L C N L C O] L C 10 L C r0 L C N L C fa E E L f[ cL E zn V rL ^L 00 LD En ID ° 0 ° ° ° ° ° ° ° ° O 0 0 0 o in m We r+ O v v L� 00 .1 v a u o 0 0 o 0 0 0 0 0 0 0 0 o m W o y N L C L C L C 3 L C L C L C L C L C L C L C L C L C L C L C 3 i 0 m m m m m m o m m r0 m N LLN aJ C � � u Y O O Y u O O y Y Y V V O O M C U ry w w O A L i o m A7 V u O i 1% QI td ._. V vi R ^^Y,ss Q V > OU NW O VO O. O LL 0 U Y y ® l` D N a V �" 22 irr ib iD . 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In in in v o 'a m ai N N a3 C Vl V1 Vl a3 'c •c •� > > Q as V) Q w v > m w o c Q > ' Z c c c _ _ a T J J J a a a -ac- z v u u 0 x x Y w M m m m m m m Lm m m m m m m m m m m Agreement No. 4976 0 0 0 0 0 0 0 Zn rl b BO 00 :R b zo a, cn Ln in M O o o o r� T T o o -o 'D Oo ZD -3 -6 -a M F, N aj -6 a) -a zo N (u •~-1 o N 6 . . ........... rG 2 :5i 2 2 2 O ® M -2 o o o r u 11 aj of 'D 0 M o o o 0 o O 0 -�2 o o o V 8 o o 2 o 0 u u b, u m 'D V co cD "n a, a) Oo Oo 70 N a, Oo oo ID Oo a) h W In Oo co ca co Oo Oo Oo OD Oo oo w C. c) C, C) cD C) cD M N c) Ln ID o c o c M ID w m N N m m m V N N r1l N M r- ID M ID lIt N rl V N Oo cn r- r� T ko w -T w Ln LD In v N 1+ C) ti M N in r, oo 'D 'D ID J— T > < a) > w > < C C o cu > < > < > < > m to < < o w c +O+ t� M lo a) (v a) cL S aj S 'L o o o -5; IM c o CL 0 o � o — 3: o w In r In In o o aj o -a o o o > ccl m of 0i -o w to 0 S > < > < o w cu w le E rz n :3 cL w cL (u o Ln m Agreement No. 4976 ATTACHMENT B Project Improvement Plans V(l:wlzd3'F-j ............. 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