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CONTRACT 5149 Public Works Contract CLOSEDAgreement No. 5149 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND RAMONA INC. ON -CALL WATER SYSTEMS MAINTENANCE AND REPAIR SERVICES PROJECT NO.: PW 16 -21 This CONTRACT is entered into this 1st day of June, 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and Ramona Inc., a California Corporation ( "the Contractor "). 1. WORK. A. The Contractor will provide all work listed in the Contractor's Proposal, attached as Exhibit "A" (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents. C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D, "Contract Documents" means the Contractor's Proposal; this Contract; Standard Specifications, attached as Exhibit "B "; Exhibits; Technical Specifications; 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 Forty Four Thousand dollars ($44,000.00) 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 term of this contract shall be for a period on ONE YEAR (the "Contract Time. "). Agreement No. 5149 B, The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D, By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, the Contractor must pay its workers prevailing wages. It is the Contractor's responsibility to interpret and implement any prevailing wage requirements and the Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. See Section 7 -2 of the Standard Specifications. 5. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 6. 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. 7. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 8. 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. 9. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract 2 Agreement No. 5149 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. 10. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 11.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 12. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 13. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City The Contractor City of El Segundo - Public Works Ramona Inc. 350 Main Street 302 N. First Ave. Suite I El Segundo, CA 90245 Arcadia, CA 91006 Attention: Lifan Xu Attn: Michael Grbavac Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 3 Agreement No. 5149 14. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 15. 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. 16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 17. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 18. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 4 Agreement No. 5149 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO a g eral city, Gre arpnt Cut anager APP O ED AS TO FORM: -? ) (� / Mark D. Hensley City Attorney Insurance Reviewed by: 5 RAMONA INC. � C Contractor State License No. SDe2. Ar Contractor City Business License No. 37.2 64, Agreement No. 5149 ON-CALL WATER SYSTEMS MAINTENANCE AND REPAIR SERVICES PROJECT NO.: PW 16-21 Bond No. 1000901786 Bond Fee: $484.00 Ramona, Inc. ("PRINCIPAL-) and incorporated under the k)wx of the State o{ und licensed by the State of Cal ifornia firmly bound uuto the CITY [)FE[SEGUN[)[)(^'C)TY-\in the sum of Lojr ( , lawful money of the United States, which may be increased or decreased by a rider hereto executed in the aunne manner as this bond, for the puyouon1 of which sum PRINCIPAL and Sl}RBT`/ bind ihonoao|ves, their successors, and assigns, jointly and severally, by this 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 16-21, 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, in the satisfaction of any damages, rcc1uzoudou, assessments, penalties, or deficiencies arising by reason of such default. l. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16-28, a copy of vvbjch is on file with ClTY`s Engineering Division ("Public Project"). Such performance will bu iii accordance with ClTY`s plans and profiles (CITY DRAWING FILE NO. X»W 86-21) vvbiuhuru uzudc upurt of this bond when said plans and profiles are approved by the City Council and filed with C}Tro Engineering Division. CITY has estimated the required amount n[ the bond us shown above. 2. PRINOPACa work unthe Public Project will be done inaccordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to cornpleteall required work within the time allowed, CITY may, at its sole discretion, cause all required work tn 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 rna{chcdu on the Public Project for u period of one (|) year 6p||ovviog the Public p'»irct`s completion and acceptance byCITY. Agreement No. 5149 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, Without limitation, the EI Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16-21 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such -change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitlino, or authorizing the persons executing this bond to do so; 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. Agreement No. 5149 SIGNED AND SEALED this 1 st day of - w June .- m�. . ro 2016 PI INCIPAL's PRES I D F"'NTIVI laden Grbavac SURETY's PRESIDI =NT Frank Morones, Attorney -in -Fact — ..�.... �..� _ _.._m.. ..__ .. _. ..... _.. ..... _...�� ..._.... �w 1' CIPAL's SECRETARY Dusanka Grbavac SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: Ramona, Inc. 302 N. First Ave., Ste. I Arcadia, CA 910006 SURETY's MAILING ADDRESS: HCC Surety-U.S. Pe i dty Insurance Company 601 S Fiqueroa St , #1600 . .._____ �w ... Los Angeles. CA 90017 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 jab. I -E -3 Agreement No. 5149 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW =ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation,_ Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United Striates Surety Coini)any, a Maryland corporation -and U.S. Specialty Insurance Company, a Texas corporation (collec'tiveliy, the "Companies "), do by these presents make, constitute and appoint: Frank Morones of Brea, California its true and-lawful� Attorney(s) -in-fact, each in their separm capacity if more than one is named above, with fullt9wer and aWKMty_—_ hereby= conferretl_in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizan+ces undeMkngs -or other instruments or contract"f sure -ship to include riders, amendments, and consents of surety, pfiWiding the end penalty does not exceed * * * ** *Ten Million * * * * ** Dollars (S *10 „,000 „000,00 , _ This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the = following resolutions adopted by the Boards of Directors of the Companies: Be is Re ol"that=th "resident, any Vice - President, any Assistant Vice - President, any Secretaey or any AMs MSSeeretary shall be and is hereby vested with tkill power and auth rdpo: tal)lroint any one or more suitable persons as Attorney(s)-in-Fact to re&sW and act forIM on behalf of the Company subicct to the I"rallowing_ provisions_ Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved- that the signature of any authorized officer arff seal _of t&Company heretofore or hereafter affixed to any power of attorneftany certifie ft roratu thereto by facsimalc, arid certificate ' any power of attorney odM bearing facsimile signature or facsimile seal shall be valid and binding upon the Compony wisW WE any- bond=or undertaking to which it is attached -- IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN :ONTItA(','FOR;S INDEMNITY COMPANY 'TI XAS BONDING (,,OM PANY Corporate Seals I.1NI "M "EI) "rRTES SI,IRF.r'"t' I4".OMPokNN' U.S. SPECIAIXY INSURANCE COMPANY m a5..;"� ^Haorrr nw saP a �'W�k w *rarwrua �,ar r'� ' -.. ro �i Deaf s g By: wuf ..seer. as.9s5a Syr fi k.^q, 1W5t M ,Ss. ]a".c. s �n Daniel P. Agui resid ent 7 Via A notary public or other officer completing this certifieaicc verifies only the identity of the individual who signed the docturtent to whtch�this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors _Indemnity- Company, Texas Bonding Company, United States Surety CompanK and U.S. 5e6ali Insurance Company who proved to me on the basis of_satisfhctory evidence to be the person whose name is subscribed to the withinTfistfurrient and ;n o ledged to me that he execrated the same, in his authorized capacity, and that by his signature on the instrument the person, or the eft upon behalfof which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that thiVforegoing paragraph is true and correct. = - WITNESS my hand and official seal. IVIAftllik 0„ IItIt7RIGIUE1.4W60dr.2 Commission #a 2019771 Signature (Scat) � Notary Public - California z Los Angeles County Coarum. Eat tat Dec 2WO, 2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effort, In Witness Whereof„ I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this � day 'of moo, a Seals eals "" V7q'' Wp Rrd� 'a �cwwer�u�r rrr,r� µuromrirr � 11 P . T r r1 Y`h s p f R .4 Bond Nod ' -i" 4P' � L T �Z'" xa rr )`r U Michael Chalekson Assistant _ , Secreqry . 11, . � -1 ” * — Agency No. 17t11erxupteuuHarnuur rya4N ryi C "rw urarx a. Agreement No. 5149 CAL11FORMIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary pubic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is aft-ached, and not the truthfulness, accuracy, or validity of that document. ......... ... State of California County of Orange On Lynn A. Beirner, Notary Public before me L)ate Here Insert Name and Title of the Officer personally appeared Frank Morones . . . . .. ...... Narne(s} of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose nar7ie(&) is/af:'- subscribed to the within instrument and acknowledged to me that he/� executed the sanie in his/hen'theif- authorized capacity(ies). and that by signature(s) on the instrurrient the person(t), or the entity upon behalf of which the person(e) acted, executed the instrument. LYNN A. BEIMER Commission # 2134740 Notary Public - California orange County M Comm. Explur, Dec 16, 2019 '14 Place Notary Seat Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph iso true and correct, WITNESS my hand and official seat. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraodulent roattochment of thi5 form to an unintendod document. Description of Attached Document Title or Type of Docurnent,. Document Date: Number of Pages: Signer(s) Other, Than Named Above: 111.1 - -- 1-1111 Capacity(ies) Claimed by Siginer(s) Signer's Name: .. .... ... _ .. ..... ..... . . .. .... Uorpora e 0 t Mer — Title(s), L Gener Partner — - invited al Individual X= in Fact Trustee Guardian or Conservator Other: 1111 . .. ...... ... ... . ..... . ............... . .......... .... ....... . .. . .................... - — ----- Signer Is Representing: Signer's Name: ........... .... . .... ... ........ ... ..... . . ......... Corporate Officer Partner — Limited General individual Attorney in Fact Guardian or Conservator Other: Signer Is Representing: "I -,I , rFo I, Nux" x" @2014 National Notary Association ^ www.NationalNotary.org • 1- 800 -US NOTARY (1 -8€ 0- -876 -68?7) ftern#5907 State of California County of Orange Agreement No. 5149 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 w:I .. I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT US Specialty 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 1 st day of June, 2016. Hugh Nguyen, Orange County Clerk- R ord r aNadia A Obaidi, Deputy Clerk- Recorder 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 reement No. 5149 CALIFORNIA ALL PURPOSE 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 Los Angeles On June 7, 2016 before me, �Public, Date ,,personally appeared Nu Huvnh (here insert name and title of the officer) Mladen Grbavac and Dusanka Grbavac otary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:_ ° (Seel) OPTIONAL Description of Attached Document Title or Type of Document: Document Date:. Other: NU HUYNH Ira Commission # 2108086 Notary Public - California Los Anaeles County �» C iCo ,18 X018 Number of Pages: 't�l hpr:,9.�Yla, c sa 1f1 29 5'1 W _ti!vro X1.1, 1c�I hN ►, ,�aa �1i �� t�"r_ („ �1gSa rGns�t, ,bhalz � �°i earl.:.. mmy�� t ^�i G urtrua, Agreement No. 5149 ON-CALL WATER SYSTEMS MAINTENANCE AND REPAIR SERVICES PROJBCTNQ.:9Wi6-31 Bond No. 1OU09O178S Bond Fee: Included in Performance Bond as pi ("PRINCIPAL") and U.S, Spenialty Insurance COMDany m corporation incorporated under the laws n[ the State o[ Texas und|icensodh*1bc3tate of(�oUfnroiato execute bnndanuduodorbkioQsaa Sole sunzty`us surety (^^8URETY-). are field and firmly hound unto the C[[~/ OF El S|bGlJNDL) (`^C|l`/") in the xorn of Thomand / , lavv{o\ money of the United States, which may be iuoreuxcd or decreased by a rider hereto executed in the same manner as this. bond, for the payment of which sum PRINCIPAL and SURETY bind thccomc}vms, their successors, and assigns, 'niody and severally, by this instrument. BOND CONDITIONS 2. PRINCIPAL will pay all contractors, aubcnntractors, an(] persons renting equipment. 3. PRINCIPAL will pay [orull materials and other supplies, for equipment usndin' am Agreement No. 5149 on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, Without limitation, the 1 Segundo Municipal Code ("ESMC".). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16-21, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of tirne, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument-, the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A. certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted, 7. Should PRINCIPAL perform its obligations within the time allowed. PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOL1,OWING PAGE] I-F-2 Agreement No. 5149 SIGNED AND SEALED this 1st day of June 2016 RINCII,'AUs PRESIDENTIMladen Grbavac SURETY*s PRESIDENT Frank Morones, Attorney -in -Fact PRIW-1PAL"s SECRETARY Dusahka-Grbavac SURETY 's SECRETARY PRINCIPAL's MAILING ADDRESS: Ramon,q- Inc. 302 N. First Ave., Ste. I Arcadia, CA 91006 SURETY's MAILING ADDRESS HCC Surety-U.S. Specialty Insurance Company -61—S "'F —io u-e- r"o'_ _aS t.' _#_ _1" _6" 0-0- Los Anqesles, CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job I-F-3 Agreement No. 5149 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY _KNOW-=- ALL l't"IN BY THESE PRESENTS: That American Contractors °Indemnity Company, a California- corporation,- Texas Bonding Company, an assumed name of American Contractors Indemnity Company: United States Surety Company; 7a Maryland - -_ corporation and U.S. Specialty Insurance Company, a Texas corporation (collcettvOyrthe "Companies "), do by these presents make, constitute and appoint: Frank Morones of Brea, California its true- andAawful Attorney(s) -in -fact, e-ach'in their separate, capacity if more than one is named above, with full power and authority ,= - - hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances raadeffikings; surety, provi�d>In��e bond— - = -or ` °other instruments or contracts of suretyship to include riders amendments and consents of sure ' penalty does not exceed *** ** *Teti Million * *' * * ** Dollars ( "10,000,000,00" . This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretwor any Assi-stant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to reMsent rnttd'acMr and on behalf of the Company subject to the=followi _ provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf ofhe Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that tft"gnature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney -0r any certificate relating thereto by_facsunilc, and any power of attoift orcettificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to tiny bond-or undertalUng to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY C "orporate Seals UNITED STATES SURETY COMPANY U.S. SI'Ef.IAI - :tY IN ItItAN('�ie CONTIANY }ryi11N1N1Y NMI114NpN .^ 4 Y`^ 1 X1111 dkYp,l, ,�Yh W �d IX �q a\ �!y1Y41 tl �.^.: ,ti Sear. as, rasa vb° „LLlp l - q B : ,....Y, M ac«mawn}w �r sto ^aa a9k "c "� r y Daniel '4 c e ident �, tlar, Vice Pr+ees" 19d4iINS� r +drr zlhma dV Uu4�� "1� V y I vpV "' A notary public or other officer cott'tpleting 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 SS„ On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty-Insurance Company who proved to me on =the basis of ,i dislactory evidence to be the person whose name is subscribed to the within instrument and ac1== edged to me that he executed_te-same in his authorized capacity, and that by his signature on the instrument the person, or the entity tttion behalf ; ofwhiblit�erson acted, executedAhe instr unent. -, I certify undd?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. MARIA Ii, RCIllgltltMffY�tit�fillll Commission Signature �.... (zeal) 'r ':w` N WY Publicttd' 0 in y Calitatnla Los Angeles County COM, 41611DOC20. 2017 1,, 'Michael Cltaleltson , Assistant Secretary ofAinertcatt Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and US. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of ward Conipanics afE& Atigeles, California this �. _ tlhay of A� ik. Corporate SealsCl "$ NNS Bond No. D Dl Agency No. l750Iairrriw" ItI1NO ayyl1101 wt411i1Y,Mp "t M1 "u '�4 Si �� i;s , ,s �'',1 Michael Chalekson, Assistant Secretary_ a swn,1„ 0,at « , ra +mr�` r na " "arNntti� grN,ory 1v�11nd Agreement No. 5149 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § I189 A notary pub1c or other officer completing this certificate verifies only the identity of the ind[vidual who signed the docurrient to which th[s certificate is attached, and not the truthfUlness, accuracy, or validity of that document. State of California County of Orange On before me, -Z 24- lla . ..... . .. A. Beimer, Notary Public Here Insert Name and Title of the Officer Personally appearod Moro.nes Narne(s) of Signer(s) who proved to rite on the basis of satisfactory evidence to be the person(s.) whose name(4) is,/&-e subscribed to the within instrument and acknowledged to me that he/� executed the same in his/hen'theit' authorized capacity(iee-). and that by signature(5) on the instrunient the person(t), or the entity upon behalf of which the person(R) acted, oxecutod thci instrurnent. dhilh 1 :: gi! LYNN A. BEIMER �ornrnl�sio # 1 Commission # 2134740 Notary Public . California Orange County Orrial, Extsires Dec 16, 20f I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trije and rorrect. WITNESS my hand and official seat. Signature,,, *91 of Notary Public Place Notary Seat Above Though this section iss optional, completing this information can deter alteration of the documerit or fraudulcrit rcatto-chmant of this forrn to an unintended documoot. Description of Attached Document Title or, Type of Document'. ", .......... Document Date. Number of Pcages: Signer(,q) Other, Than Named Above: Capacity(ies� Claimed by Siginer(s) Signer's Name:__ .. . . ..... . Title(s): Corporate Officer Partner -imited -'General Individual Attorney in Fact Trustee Guardian or Conservator Other. Signer Is Representing� . . ....... Signer's Name: * Corporate Officer — -1 Ale(s) . . ..... Partner — Limited General Individual Attorney in Fact Guardian or Conservator Other: Signer Is Representing, @2014 National Notary Association - wwwNationalNotary.org - 1 -8f10 -EIS NOTARY (1 -800-.876-6827) Item #5907 State of California County of Orange Agreement No. 5149 HUGH NGUYEN CLERK - RECORDER CERTIFICATE OF ADMITTED S1..4RE"fY 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 US Specialty 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 1 st day of June, 2016. I Tu 'lh Nguyen, Orange County Clerk -1 er d 12 'Nadia Al Obaidi, Deputy C"l.e)�co) °d (Purple Seal) I,1 !W N "'4 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 reement No. 5149 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies �ith l who ifies 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 Anqeles On June 7, 2016 before me, Nu Huynh Public, Date (here insert name and title of the officer) ,personally appeared Mladen Grbavac and Dusanka Grbavac Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NU HUYNH Low—Commission # 2108086 Notary Public - California Los Angeles County C ices fi8e 181 $01'8 Signature: —�' .,. ��- �.:� (Seal) OPTIONAL Description of Attached Document "1 "it'le or Type of Document: _ ..... -.. Document Date: Number of Pages: Other: X22 51 FYI JCJU B Agreement No. 5149 City of El Segundo On -Call Water Systems Maintenance and Repair Services, Project No. PW 16-21 ry q (f .-D yA G' Comnam, Name- rYL.:..... m....... Address: a ro City/State/Zip: cia Designated Contact: 1; 04 6��1�.w... Ln�alle s °�`l` f r y[ , i o, )"y%f `c �',' r ,.I '1 :',, . cc Phone # . /3 —'1") Cell Phone 8: 75C� f Provide rates for all labor classifications applicable to the quoted service. Item descriptions encompass the scope of services described in the City solicitation letter dated May 11, 2016, and any subsequent additional information issued by the City for this request. Provide rates for weekday after- hours, weekend and holiday work.* Compensation at the hourly rate will begin when work commences. If an item number does not apply, please enter "Not Applicable" on the hourly rate line for that item. Please use the following format. Additional blank rows/lines have been added to the end of the table for your use if needed. 1. Labor 350 ,Clain Street, El Segundo, CA 90245 -3813 (310) 321 -2300 REGULAR OVERTINT OVERTIME OVERTIME ITEM HOURLY WEEKDAY WEEKEND HOLIDAY NO. CLASSIFICATION RATE HOURLY HOURLY HOURLY RATE RATE* RATE 1 Superintendent eD 13 ®® e d cic r® 2 Foreman t)® /c� 3 Pipefitter/ Pipelayer ,"P 5_0°x' 4 Laborer 7o o'n 00 It �� e 5 Truck Driver _�O -cc �aSr.' a It 6 Welder /35- r 7 Minimum Hours (if any)" 8 350 ,Clain Street, El Segundo, CA 90245 -3813 (310) 321 -2300 Agreement No. 5149 Basis for establishing cost for tools and equipment rental rates 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. 350 Main Street, E! Segundo, CA 90245 -3813 (310) 524 -2300 VA, RAMONA, INC. Agreement No. 5149 ... . . . .... .... . ... . .. . . . .......... ........ .. .. . .. General ..... c"r"a-"I E—n"gincering Contractor 302 N. First Ave. Suite 1, Arcadia, Ca 91006 P.O. Box 660219, Arcadia, CA 91066 Office: (626) 355-1350 Fax: (626) 355-5946 License # 850299 CITY OF EL SEGUNDO ON-CALL WATER SYSTEMS 1. SUPERINTENDANT 2. FOREMAN 3. PIPELAYER/PIPEFITTER 4. LABORER 5. TRUCK DRIVER PROJECT NO. PW 16-21 SATURDAY SUNDAY OVERTIME OVERTIME $135.00 $142.00 $112.50 $105.00 $105.00 � (4 -2- $180.00 $190.00 $150.00 $140.00 $140.00 '� I 9,lb Agreement No. 5149 Example _. _..M__ Water Main Project _ �._. _.........�.mm_.,._- .... ...,_ ... ...... UNIT � ITEM NO. DESCRIPTION UNIT QTY PRICE IN a`IOUNT FIGURES Construct 8-inch D.I.P. (Class 52) Water Main including all fittings and appurtenances, traffic control, public safety and convenience, utility I potholing, trench excavation, pipe LF, 100 bedding, trench backfill, trench resurfacing, and temporary and permanent traffic stripping and markings. .... ..... _ Construct Fire Hydrant connection complete including hydrant lateral, all -. f :m. fittings and appurtenances, hydrant, d r ,c 2 gate valve, trench backfill, trench EA 1 $ resurfacing, traffic control, public safety and convenience, and temporary and permanent traffic striping and markings. Construct 1-inch Water Service Connection, remove existing meter, install new meter, and connect to existing customer service including, all fittings and appurtenances, traffic control public safety and convenience, EA �^ $,Sc� utility potholing, trench excavation, pipe bedding, trench backfill, trench resurfacing, and temporary and permanent traffic striping and markings, repair existing landscape/ hardscape/ concrete in kind. 4 Pressure testing, chlorination, and LS 1 I disinfection of 100 LF of pipeline. Total Bid (Item 1 through 4) $ 3, °O 330 ,4 /ain Slreel, EY Segundo, GI 90245 -3513 (310) 524 -2300 Agreement No. 5149 DESIGNATION OF SUBCONTRACTORS ON-CALI, WATER SYSTEMS MAINTENANCE AND REPAIR SE�RVICES PROJECT NO.: PW 16-21 Company Name: - -- ............... -A BIDDER will perform the majority or the work and proposes to subcontract certain portions or the work which are in excess or one-half of one percent (1/2 of 1%) of the bid and to procure materials and equipment from suppliers and vendors as follows: Nameof Sub® Description of Subcontractor contractor portion of License Work Estimated Number Address Subcontracted Amount - - - ---------- �q 6r, . ...... . ......... - ----- . ......... . . . .. . ...... .. . ............... ........... . .... . . ...... . .... . ..... . ®. . .......... . . . . .......... . 350 Main Street, I/ Segundo, C4 90245-3813 (310) 524-2300 Agreement No. 5149 REFERENCES Company Name: 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: • • • r p , C LUA A WO Name-find Address of owner 6z6 .570- 37-7 Name and current telephone number of person familiar with project Type of Work: 1,2A7M9i M& ' Contract amount: $ 570, 9 bli' Date completed: o 16- Amount of work done by my /our firm under contract $ 5- Ao 2 6'? Did your firm have any financial interest in Project? .1O 2. Project Title: Location: Vrg61.,✓1 A . OAK-- 6AYVA(Al C-X-T4 0- G[,. <C6UA1PO 35 b Mir -/n il z Y 0 90a5�� Nam and ad dress of owner L1 x1d _. 310) L4 -236 , Name and current telephone number of person familiar with project Type of Work: V Contract amount: $ N-21,5'66 ` Date completed: Amount of work done by my /our firm under contract $ / f Did your firm have any financial interest in Project? 3. Pro ject T rt e: - K1A"rZ2 m)Arel 711e& iSLu) U, PA.v1&-e-T 350 Main Street, El Segundo, CA 90145 -3813 (310) 529 -2300 Agreement No. 5149 Location: G't'r Ob 6ti5 Ro�AA is„ Nam and address of owner Cl'f-Rl S A«SnA/ (6 L(; }cif` 4 )-Sa Name and current telephone number of person familiar with project Type of Work: - Contract amount: $-19611 - Date completed: 46 t -. - Amount of work done by my /our firm under contract $ / '72 IQC Did your firm have any financial interest in Project? N° 4. Project Title: Location: <nu'ffi /3?�uT &f3cLCO 2QrPl /.e inn/ i�t((? �f37 ✓��/�� 140krI W -Loy O-A90 0 Name and address of owner 3z31 72-4-103-S-- current telephone number of person familiar with project: Type of Work: M ,-rte R.6 Contract amount: $ I:31 Date completed: 71,12,01,5- Amount of work done by my /our firm under contract Did your firm have any financial interest in Project? N 5. Project Title: I o o err,+ ... r► � �': Nameand address of owner tn/G -v PqA 14usz ( 3Z3) S1- 9f t ff�xT Z?,o Name and current telephone number of person familiar with project: Type of Work: J / ►�� Contract amount: $ 63: /OD Date completed: 3S0 Main Srreel, E! Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 Amount of work done by my /our firm under contract 6 ?5!100 Did your firm have any financial interest in Project? — d 0 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: 6&vWAA(. LAA& = APAMSOAI + PIC(PC71,bR1cAf C 7/43 's-S 7 -96 OF 4 -;rJ5UA CO 1800 e. L- 41nge*r �� # 69" , CIA 97-8 L ! 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] ON -CALL WATER SYST:I:,M4S MAINTENANCE AND REPAIR SERVICES PROJECT NO.: PW 16 -21 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 It 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out -of- state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply 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." ��" . /J,,o 1 Date 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 FYI J CJ U C SCOPE OF SERVICES 1 -0. WATER SYSTEMS MAINTENANCE AND REPAIR SCOPE OF SERVICES: The services requested would be similar to the water system maintenance and repair services provided by the contractor in the normal course of business. All work performed under this contract shall be for water facilities owned and operated by the City of El Segundo. The Contractor must respond to emergency sites within 45 minutes. 1 -1. The Services are to be provided on an "as needed and when requested" basis and include, but not be limited to, the following City needs: a. Repairs of water main lines, service laterals, fire meters, air valves, blow -offs, pumps, etc. b. Potholing of existing utilities c. Trenching and subgrade preparations d. Water meter box and valve cover adjustments e. Surface restoration f. Disposal of removals g. Traffic Control h. NPDES Compliance L Dewatering of excavations j. Temporary by -pass services k. Water Quality testing and disinfection 1. Fire hydrant flushing m. Site remediation and cleaning n. Welding o. Estimating and providing written quotes regarding Project Manager hydrants, water valves, water repairs or installations to the 1-2. The above is not intended as an exhaustive list. The scope of work will be determined on an as requested basis. It is expected that the successful contractor will be able to make good repairs any portion of the City facilities' water systems on an emergency basis. 1 -3. The service company's principal business shall be the installation; repair, service, inspection and testing of water systems. 1-4. The service company shall own and operate a fully licensed independent or fully licensed franchised company, and shall be fully experienced to service, repair, inspect and test all of the water systems installed in the City. 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 1 w x 1,. RAMONA, INC.° ° General Engineering Contractor 303 N. First Ave Suite 1, Arcadia, Ca 91066 P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355 -1350 Fax: (626) 355 -5916 El Sep ti .1 On Call Water System Repair Repair Service Methodolo2y Ramona Inc. is a class A contractor, and has been working in the underground pipeline industry for the last 30+ years. Over the years, we have had the opportunity to work in a wide range of project for multiple agencies thr0u(7h0ut Southern California. We have performed: water repairs and new installations ranging from 4" to 24" mainlines. Work performed includes mainline installations, service laterals, fire hydrants, blow off valves, inline valves, fire services, hot taps, to mention a few of the services provided. Throughout the years and the various project performed, we have subcontracted out various types of work to a variety of subconti actors. Ramona has a close relationship with Aqua Backflow and Matt Chlor. Both companies provide chlorination, hydrostatic testing, and backflow services. Ramona has also worked with Koppl Pipeline Services, who provide services in line stops, hot taps, line freezing, among other items. Ramona also has close working relationships with a variety of water works material suppliers, such as S &J, United Water Works, Ferguson, to name a few. Ramona can contact any of these suppliers, who have a ready supply of key materials available on hand. Included in this package is a list of Ramona's equipment, management staff, office personal, field personal and their respective experiences and qualifications. Not only does Ramona have the knowledge and experience to complete cash contract work, but we are also prepared and structured to provide professional and timely service as an emergency on -call contractor. Ramona's main point of contact for this contract would be Michael Grbavac. He is a project manager who has immediate supervision over all aspects of field work and scheduling. He is in constant communication with the field crews and office personnel, and is an ideal point of contact for a project of this nature. Once the call is received, Michael will immediately proceed to the project location and /or where the City's point of contact requests his attendance, and from there he would determine which field personal and what type of equipment would be necessary to stabilize the situation, if not complete the project at once. In addition to performing a field visit and assessing the repair, Michael will also delineate USA marking per specifications, designating the repair area as an emergency repair. The field personal would be headed by one of our five experienced foreman (Ivan Lazareno, Rene Villa, Fabricio Gonzales, Victor Morieda, or Mladen Grbavac). Each of our foremen have at least 15 years working with the company, and have worked on and supervised many if not all of the aspects involved with underground water constriction. Not only do they have the experience, but they are each equipped with work trucks that have a contractor's body attached. This means they are able to carry the necessary tools/ equipment to stabilize any situation. To go along with the foreman, we will have a crew available at all times. We will draw upon our own forces, and if necessary, utilize the union hall to further bolster the forces on site if necessary. Ramona is signatory with the local 300, and we pride ourselves with Agreement No. 5149 1'tJ , RAMONA, INC. _ lde, j_a ,ii ,.. ng Contractor �x N. First P.O. a 1, Arcadia, Ca 91a,6 91006 General Engincennb Contractor 3U2 N. First Ave. Suite 1 Arcadia Ca 91066 Office: (626) 355 -1350 Fax: (626) 355 -5946 this affiliation and our close working relationship with the union. Ramona's personnel are certified in confined space along with trench safety courses, in addition to CPR and traffic control. Ramona's experience in traffic control extends from setting up the necessary signage in a residential street per WATCH Manual, to setting up a complex freeway closure and coordinating with CalTrans to obtain a permit and self perform the traffic control work. We own a maintain a full range of traffic control devised and equipment, from signs, barricades. cones. delineators, arrow boards, and other items necessary to perform the required traffic control. In order to get the necessary heavy equipment to the site, such as backhoe's, loaders, and other pieces of equipment that are not road drivable, Ramona has the capability to equip four different 10 wheelers with heavy duty equipment trailers, ensuring mobilization time to the jobsite will easily surpass the requirement of having the full repair crew and equipment within 24 hours. Our heavy equipment is primarily stored in our main yard in Baldwin Park, but we also have another yard in South - Central Los Angeles. At any time, either of these yards has the necessary equipment, tools, and supplies necessary to perform any work necessary for an on call emergency basis. Either yard has the necessary excavation equipment (backhoes, excavators, mini - excavators), trucks (10 wheelers, bobtails, flatbed trucks, equipment trucks), and other items necessary to any construction project (steel plates, traffic control signs, arrow boards. cones /delineators). If for some reason Ramona is not able to obtain a piece of equipment from our oven fleet necessary for the work, we have multiple contacts with various equipment rental companies (Neff Rental, Caterpillar, United Rentals, etc.) that could augment our fleet in a moment's notice. Once Ramona has met with City personnel to obtain direction and ascertain the men and equipment necessary to perform the required work; Michael (the initial site contact for Ramona), will contact one of our foreman to give direction of required work. Michael and the designated foreman will work together to expedite the mobilization efforts, and ensure the required men and equipment are on site within the required 24 hours. Once the necessary mend and equipment are on site, Ramona's foreman will work with City's representatives on site to ensure the work is being completed as directed and to the City's satisfaction. Ramona will coordinate the necessary inspection as required by the City, weather this by obtaining a CCTV of the line and /or having a soils tech perform tests to ensure compaction meets specifications. Once the work is completed and the site has been restored to prior condition or condition as required by the City, Ramona will demobilize the equipment and material from the project location. We understand that the work will be an impact to local residents and businesses, so demobilizing as quickly as possible is always a key concern of ours. Agreement No. 5149 :experience and Technical Qualifications Management Mladen Grbavac President / Treasurer Mladen m ramona.com 626 -722 -7277 He began his career in 1971 working for W.A. Rasic of who was an established pipeline contractor. While he worked during the day he went to school at nights to obtain a degree. Mladen obtained his Business Administration Degree from Cal State to in 1981. In 1979, Mladen started his own construction company. Since then Mladen has been working in construction sewer lines, storm drains and sub - drains. Dusanka Grbavac Vice President / Secretary 626- 355 -1350 Dusan lca m rapnona.com She has been managing a construction company for the past 30 years. She oversees that the office and the project sites are being productive. Nu Huynh Accounting / Payroll (626 - 355 -1350 Yen m ramona »cone Has been an accountant for the past 15 years. She obtained her accounting degree at Pasadena City College and has been working with us for the past 10 years. Nu is in charge of payroll, accounts payable and accounts receivable. Michael Grbavac Superintendant 626 - 755 -7071 Michae!@mgramona.co Michael has worked in the company since 2004. First during the summers and since December 2009 he is been working full as a Superintendant. Michael graduated with a degree of Business Administration from Cal Poly San Luis Obispo in 2009. Michael is in charge of making sure the necessary arrangements are in place at the jobsites for the job to run in a smooth manner. Michael makes sure that the jobs are running as per schedule and makes sure all the safety regulations are implemented. Human Resources We are signatory to the Laborers Local Union . All of our employees not only have to take mandatory 224 hours of technical courses but also have a minimum of 2501 to 3000 hours of field experience to complete the apprenticeship program to become a journeyman. Agreement No. 5149 Among the required course are: Concrete R &R, Pipe Laying I and 11, Mechanical Pipe I and 11, Air tools, Asphalt R &R, Forklift Safety, First Aid and CPR, OSHA 10 and 30, Environmental Hazards of Fwy work, Traffic Control Flagging, Hazards Communication, Respiratory Awareness, Fall Protection, Work with Hazardous Waste, Asbestos Awareness and Lead Awareness. At least two members per crew take the required training and get certified with Confined Space Certificate on a yearly basis and our foremen are SWPP certified. We are proud that our team members have been with us several years some started as apprentices and are now a Pipe layer or a crew Foremen. We strive for excellence and our highly experienced team members know proceed in all kinds of situations presented at the job sites. We work as a team with the knowledge that safety on the field and quality of the product are the priority in our line of work As part of the Laborers Union, we are able to obtain highly qualified personnel to work on a short notice basis. As you know due to the current trying times in our economy there are hundreds of experienced people that are waiting in the union halls to be call to work. Laborers Group 1 Francisco Batres He completed the apprenticeship training. He has Confined Space Entry Certificate and he has been performing sewer work for more than 5 years being part of the crews that performed the jobs: Ramona Inc. Buchanan Relief Sewer, (SSRP) - HOI Olympic Boulevard and Spaulding Avenue (SSRP) - C09B Sunset Boulevard and Amalri Drive, (SSRP) - S09 IMPERIAL HIGHWAY AND FIGUEROA STREET, (SSRP) U19A ROCHESTER AVE. & BEVERLY GLEN BLVD, (SSRP) SSRP H26B LOS FELIZ BLVD. & RIVERSIDE DR. and (SSRP) H26C SANBORN AVE. & GRIFFITH PARK BLVD, (SSRP) E02 Ventura Blvd & Lankershim Blvd and El l Hesby St & Riverton Ave Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) 2011- 2010 Sewer Rehabilitation Project City of Manhattan Beach SSRP U21 Gayley & Le Conte Ave. & U23 David & Canfield Ave. SSRP S16 Avalon Blvd., S 17 Compton Ave. & N05 8'h Street SSRP SO 1 Vernon Avenue, SO4 Slauson Avenue, S 10 Florence Avenue and S 1 l Western Ave. & 92nd Street SSRP H06 Adams & Crenshaw, HI 1 Burnside & Wilshire 2013 -14 Sewer Line Replacement Project at Various Locations Bid No. 134 -10, S -235 City of Orange Ernesto Delgado He started to work in the company 4 years ago as an Apprentice He has now completed the program and is certified as a laborer he also has a class B drivers license . Joseph has worked on the following projects: Ramona Inc. Buchanan Relief Sewer (SSRP) U19A ROCHESTER AVE. & BEVERLY GLEN BLVD (SSRP) SSRP H26B LOS FELIZ BLVD. & RIVERSIDE DR. and (SSRP) H26C SANBORN AVE. & GRIFFITH PARK BLVD, Agreement No. 5149 (SSRP) E02 Ventura. Blvd & Lankershim Blvd and El I Flesby St & Riverton Ave Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) 2011- 2010 Sewer Rehabilitation 'Project City of Manhattan Beach SSRP U21 Gayley & Le Conte Ave. & U23 David & Canfield Ave. SSRP H02 6T" Street, H05 Beverly Blvd. and H16 Crenshaw Blvd. & U14 Overlanda and the 10 Fwy SSRP S01 Vernon Avenue, SO4 Slauson Avenue, Sl0 Florence Avenue and Sl l Western Ave. & 92nd Street SSRP H06 Adams & Crenshaw, H I 1 Burnside & Wilshire Rehabilitation of Gravity Sewer Mains FY 2012 -2013 City of Manhattan Beach Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 2013 -14 Sewer Line Replacement Project at Various Locations Bid No. 134 -10, 5 -235 City of Orange 55th Street Storm Drain Improvements City of Vernon Laborer Group 2 Oscar Lopez Oscar has worked for the company for the past 12 years. He has a Confined Space Entry Certificate, and has a Class B drivers license. He started to work in the company as an apprentice finished his training and now he is a Laborer that has worked on the past 5 years in the following jobs: Ramona Inc. Buchanan Relief Sewer (SSRP) H27B Cahuenga Terrace and Melrose Avenue SSRP) - S09 IMPERIAL HIGHWAY AND FIGUEROA STREET ODOR CONTROL HOLLYDALE DRIVE LOCAL SEWER ADDITION Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP W32 Serrania Ave. & Dumetz Road SSRP H14 Wilshire Blvd., H15 June St., H19 Arden Blvd. & H2O 2nd St. SSRP H02 6T" Street, H05 Beverly Blvd. and H16 Crenshaw Blvd. & U14 Overlanda and the 10 Fwy Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 7T" Street Sewer Main Replacements Project East Valley Water District Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 55th Street Storm Drain Improvements City of Vernon Water Main Flow Upgrade Project Meda Ave and Mountain View Ave Portion City of Glendale Taylor Ave Waterline Replacement S. Montebello Irrigation District Laborer Group 3 Felipe Campos Juan has worked for the company for the past 12 years has more than 13 years of experience working on sewers jobs. He has been part of the crews that performed the followin jobs for the past 5 years. Ramona Inc, (SSRP) H27B Cahuenga Terrace and Melrose Avenue (SSRP) - HO Olympic Boulevard and Spaulding Avenue Buchanan Relief Sewer (SSRP) - C09B Sunset Boulevard and Amalfi Drive Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP S16 Avalon Blvd., S17 Compton Ave. & N05 80, Street SSRP SO Vernon Avenue, SO4 Slauson Avenue, S10 Florence Avenue and S I Western Ave. & 92nd Street SSRP H06 Adams & Crenshaw, H l l Burnside & Wilshire Agreement No. 5149 Rehabilitation of Gravity Sewer Mains FY 2012 -2013 City of Manhattan Beach Sunrise Blvd. Sewer Improvement Project (SC -0236) Long Beach Water Department 471 Street Sewer Replacement Project (SC -0239) Long Beach Water Department Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 2013 -14 Sewer Line Replacement Project at Various Locations Bid No. 134 -10, S -235 City of Orange 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District Ruben Canales Ruben has been a member of our company for more than 10 years. He has a Confined Space Entry Certificate. For the past 5 years Ruben has worked as a crew member at the following jobs: Ramona Inc. (SSRP) H27B Cahuenga Terrace and Melrose Avenue Buchanan Relief Sewer (SSRP) - S09 IMPERIAL HIGHWAY AND FIGUEROA STREET ODOR CONTROL HOLLYDALE DRIVE LOCAL SEWER ADDITION Pixley Sewer Improvements CDBG, City of Orange Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP W32 Serrania Ave. & Dumetz Road SSRP H14 Wilshire Blvd., H15 June St., H19 Arden Blvd. & H2O 2nd St. SSRP H02 6T" Street, H05 Beverly Blvd. and H16 Crenshaw Blvd. & U14 Overlanda and the 10 Fwy Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 7TH Street Sewer Main Replacements Project East Valley Water District 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District 55th Street Storm Drain Improvements City of Vernon Water Main Flow Upgrade Project Meda Ave and Mountain View Ave Portion City of Glendale Taylor Ave Waterline Replacement S. Montebello Irrigation District Pipe layers Juan Ramos Juan has worked for more than 15 years doing sewer work. He has a Confined Space Entry Certificate. He has been part of the crews that performed the following jobs for the past 5 years. (SSRP) H27B Cahuenga Terrace and Melrose Avenue (SSRP) - C09B Sunset Boulevard and Amalfi Drive (SSRP) - S09 IMPERIAL HIGHWAY AND FIGUEROA STREET Buchanan Relief Sewer ODOR CONTROL HOLLYDALE DRIVE LOCAL SEWER ADDITION (SSRP) P18B Verdugo Road & Avenue 33 (SSRP) E02 Ventura Blvd & Lankershim Blvd and El 1 Hesby St & Riverton Ave Pixley Sewer Improvements CDBG, City of Orange (SSRP) P18B Verdugo Road & Avenue 33 (SSRP) E02 Ventura Blvd & Lankershim Blvd and E1 l Hesby St & Riverton Ave Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP U21 Gayley & Le Conte Ave. & U23 David & Canfield Ave. 2011- 2010 Sewer Rehabilitation Project City of Manhattan Beach Agreement No. 5149 SSRP H14 Wilshire Blvd., H15 June St., H19 Arden Blvd. & H2O 2 "d St. SSRP H02 6T" Street, H05 Beverly Blvd. and H 16 Crenshaw Blvd. & U 14 Overlanda and the 10 Fwy SSRP SO1 Vernon Avenue, SO4 Slauson Avenue, S10 Florence Avenue and S11 Western Ave. & 92 °d Street SSRP H06 Adams & Crenshaw, Hl l Burnside & Wilshire Rehabilitation of Gravity Sewer Mains FY 2012 -2013 City of Manhattan Beach Sunrise Blvd. Sewer Improvement Project (SC -0236) Long Beach Water Department 47d' Street Sewer Replacement Project (SC -0239) Long Beach Water Department Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 2013 -14 Sewer Line Replacement Project at Various Locations Bid No. 134 -10, S -235 City of Orange 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District Rigoberto Hernandez Rigoberto has been working with sewers and Storm Drains since 1995. He has a Confined Space Entry Certificate. He has been part of the crews that performed the following jobs for the past 5 years. Ramona Inc. Buchanan Relief Sewer, (SSRP) - HO1 Olympic Boulevard and Spaulding Avenue (SSRP) - C09B Sunset Boulevard and Amalfi Drive,, (SSRP) - S09 IMPERIAL HIGHWAY AND FIGUEROA STREET, (SSRP) U19A ROCHESTER AVE. & BEVERLY GLEN BLVD, (SSRP) SSRP H26B LOS FELIZ BLVD. & RIVERSIDE DR. and (SSRP) H26C SANBORN AVE. & GRIFFITH PARK BLVD, (SSRP) E02 Ventura Blvd & Lankershim Blvd and E I I Hesby St & Riverton Ave Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) 2011- 2010 Sewer Rehabilitation Project City of Manhattan Beach SSRP U21 Gayley & Le Conte Ave. & U23 David & Canfield Ave. SSRP S16 Avalon Blvd., S17 Compton Ave. & N05 89' Street SSRP SO] Vernon Avenue, SO4 Slauson Avenue, S10 Florence Avenue and S I Western Ave. & 92nd Street SSRP H06 Adams & Crenshaw, H1 I Burnside & Wilshire 2013 -14 Sewer Line Replacement Project at Various Locations Bid No. 134 -10, S -235 City of Orange Juan Tejeda Juan worked for more than 14 years doing sewer work. He has a Confined Space Entry Certificate. He has been part of the crews that performed the following jobs for the past 5 years. Ramona Inc. (SSRP) H27B Cahuenga Terrace and Melrose Avenue Buchanan Relief Sewer (SSRP) - S09 IMPERIAL HIGHWAY AND FIGUEROA STREET ODOR CONTROL HOLLYDALE DRIVE LOCAL SEWER ADDITION Pixley Sewer Improvements CDBG, City of Orange Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP W32 Serrania Ave. & Dumetz Road SSRP H14 Wilshire Blvd., H15 June St., H19 Arden Blvd. & H2O 2nd St. SSRP H02 6T" Street, H05 Beverly Blvd. and H16 Crenshaw Blvd. & U14 Overlanda and the 10 Fwy Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 7T" Street Sewer Main Replacements Project East Valley Water District Agreement No. 5149 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District 55th Street Storm Drain Improvements City of Vernon Water Main Flow Upgrade Project Meda Ave and Mountain View Ave Portion City of Glendale Taylor Ave Waterline Replacement S. Montebello Irrigation District Hector Pantoja Hector started as an apprentice in the company back in 1996. He is now a pipe layer. He has a Confined Space Entry Certificate. He has been part of the crews that performed the following jobs for the past 5 years. (SSRP) H27B Cahuenga Terrace and Melrose Avenue (SSRP) - C09B Sunset Boulevard and Amalfi Drive, ODOR CONTROL HOLLYDALE DRIVE LOCAL SEWER ADDITION Pixley Sewer Improvements CDBG, City of Orange (SSRP) P 18B Verdugo Road & Avenue 33 (SSRP) E02 Ventura Blvd & Lankershim Blvd and El l Hesby St & Riverton Ave Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP W32 Serrania Ave. & Dumetz Road SSRP U21 Gayley & Le Conte Ave. & U23 David & Canfield Ave. SSRP S16 Avalon Blvd., S 17, Compton Ave. & N05 8d' Street SSRP H02 6T" Street, H05 Beverly Blvd. and H16 Crenshaw Blvd. & U14 Overlanda and the 10 Fwy SSRP SO Vernon Avenue, SO4 Slauson Avenue, S10 Florence Avenue and S I Western Ave. & 92nd Street SSRP H06 Adams & Crenshaw, H I i Burnside & Wilshire Rehabilitation of Gravity Sewer Mains FY 2012 -2013 City of Manhattan Beach Sunrise Blvd. Sewer Improvement Project (SC -0236) Long Beach Water Department 47" Street Sewer Replacement Project (SC -0239) Long Beach Water Department Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 2013 -14 Sewer Line Replacement Project at Various Locations Bid No. 134 -10, S -235 City of Orange 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District Driver Roland Prieto Roland is the Company Driver has been working with us for the past 8 years. He helps us mobilize equipment and material from our yard to the work site or vice- versa. He is been driving 18 wheelers for the last 30 years. He is in charge of moving the equipment making sure that our crews have the material necessary needed for work. He is also makes sure that our yards have material in stock. He hauls the excess material from job sites to recycling plants and to dump sites. He is a Journeyman IV, completed his apprenticeship program. Foreman Victor Morieda Agreement No. 5149 Has been working in the wastewater field since 1992, . He has a Confined Space Entry Certificate, CPR and First Aid certificates and is SWPP certified. Victor has been a foreman for the past 10 years and he has successfully helped to complete the following projects in the past 5 years. (SSRP) - 110 1 Olympic Boulevard and Spaulding Avenue (SSRP) - S09 IMPERIAL 14IGPIWAY AND FIGUEROA STREET, (SSRP) U19A ROC14ESTER AVE. & BEVERLY GLEN BLVD, (SSRP) SSRP I126B LOS FELIZ BLVD, & RIVERSIDE DR. and (SSRP) H26C SANBOItrN' AVE. & GRIFFITH PARK BLVD, (SSRP) E02 Ventura Blvd & Lankershim Blvd and El I Hesby St & Riverton Ave Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) 2011- 2010 Sewer Rehabilitation Project. City of Manhattan Beach SSRP U21 Gayley & Le Conte Ave. & U23 David & Canfield Ave. SSRP S16 Avalon Blvd., S17 Compton Ave. & N05 81 Street SSRP H02 6T" Street, H05 Beverly Blvd. and H 16 Crenshaw Blvd. & U 14 Overlanda and the 10 Fwy SSRP SO Vemon Avenue, SO4 Slauson Avenue, S10 Florence Avenue and S 1 Western Ave. & 92nd Street SSRP H06 Adams & Crenshaw, Hl 1 Burnside & Wilshire Rene Villa Rene worked for 16 years at another underground company as a joumeyman. He has been working with us for the past 10 years. He is been a foreman to one of our crews for the past 5 years. He has a Confined Space Entry Certificate, CPR and First Aid certificates and is SWPP certified. Rene and has successfully helped to complete the following projects in the past 5 years. Ramona Inc. Buchanan Relief Sewer (SSRP) H27B Cahuenga Terrace and Melrose Avenue ODOR CONTROL HOLLYDALE DRIVE LOCAL SEWER ADDITION Pixley Sewer Improvements CDBG, City of Orange Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP W32 Serrania Ave. & Dumetz Road SSRP H14 Wilshire Blvd., H15 June St., H19 Arden Blvd. & H2O 2nd St. SSRP H02 6T" Street, HOS Beverly Blvd. and H 16 Crenshaw Blvd. & U 14 Overlanda and the 10 Fwy Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 71 Street Sewer Main Replacements Project East Valley Water District City of La Puente 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District 55th Street Stone Drain Improvements City of Vernon Water Main Flow Upgrade Project Meda Ave and Mountain View Ave Portion City of Glendale Taylor Ave Waterline Replacement S. Montebello Irrigation District Fabricio Gonzalez Fabricio started has been working with sewers and storm drains for the past 18 years and has been working with us for over 13 years. Today he is one of our foremen. He has a Confined Space Entry Certificate, CPR and First Aid certificates and is SWPP certified and has a class A drivers license. He has been part of our team at the following projects: Agreement No. 5149 (SSRP) H27B Cahuenga Terrace and Melrose Avenue (SSRP) - S09 IMPERIAL HIGHWAY AND FI'GUEROA STREET, (SSRP) U19A ROCHESTER AVE. & .BEVERLY GLEN BLVD (SSRP) - C09B Sunset Boulevard and Amalfi Drive (SSRP) 'P 18B Verdugo Road & Avenue 33 Super Expedited. Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP SO Vernon Avenue, SO4 Slau on Avenue, S10 Florence Avenue and S I Western Ave. & 92nd Street Rehabilitation of Gravity Sewer Mains FY 2012 -2013 City of Manhattan Beach 470s Street Sewer Replacement Project (SC -0239) Long Beach Water Department Rehabilitation of Gravity Sewer Mains FY 2012 -2013 City of Manhattan Beach Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 2013 -14 Sewer Line Replacement Project at Various Locations Bid No. 134 -10, S -235 City of Orange 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District Jose Ivan Lazareno Ivan has been working with us since he was a apprentice 1 I years ago. Today he is one our foreman. He has a Confined Space Entry Certificate, a CPR certificate and is SWPP certified and has a class B drivers license. Ivan has worked at the following projects: (SSRP) - C09B Sunset Boulevard and Amalfi Drive, ODOR CONTROL HOLLYDALE DRIVE LOCAL SEWER ADDITION Pixley Sewer Improvements CDBG, City of Orange (SSRP) P18B Verdugo Road & Avenue 33 (SSRP) E02 Ventura Blvd & Lankershim Blvd and E1 I Hesby St & Riverton Ave Super Expedited Waste Water Emergency Rehabilitation for Sewer (Sewers4) SSRP H02 61 Street, H05 Beverly Blvd. and H16 Crenshaw Blvd. & U14 Overland and the 10 Fwy SSRP SO Vernon Avenue, SO4 Slauson Avenue, S10 Florence Avenue and S I Wester Ave. & 921 Street 471 Street Sewer Replacement Project (SC -0239) Long Beach Water Department Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 2013 -14 Sewer Line Replacement Project at Various Locations Bid No. 134 -10, S -235 City of Orange 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District 55th Street Storm Drain Improvements City of Vernon Mechanic Frank Bradvica Frank has been in our team for the past 15 years. He is a certified mechanic and keeps our vehicles and equipment running at top performance. Frank has been a mechanic for the past 22 years and has certifications for Caterpillar, Ford, and Case. He is SWPP Certified and has a CPR certificate. Office Personnel Michelle Nosic 626 - 355 -1350 Michelle m rarnotta, m Agreement No. 5149 Michelle graduated in 2010 from the University of Arizona in Business Administration. Michelle is charge of making sure the permits and submittals are place in order to proceed with a project As well as making sure the locations to be excavated have been previously marked by all the utilities. Debora Echeverria 626-355-1350 Debora �rngrarqonaxorn Debora has been working in the company for the past 4 years. She has an AA degree from Mt. San Antonio College. She has previously work as a personal assistant and has taken some Engineering courses. Debora is in charge of the correspondence between the owner and Ramona Inc. She makes sure that the changes directed by the owner are implemented and helps to schedule subcontractors and suppliers at the field. 1V . May 11, 2016 VIA EMAIL TO: Michael Grbavac Ramona Inc. 302 N. First Ave. Suite I Arcadia, CA 91006 Agreement No. 5149 Subject: City of El Segundo Request for an On -Call Water Systems Maintenance and Repair Services Rate Sheet, Project No. PW 16 -21 Dear Michael Grbavac: The City of El Segundo is requesting rate sheets from qualified contractors to provide the City with "on- call" water systems maintenance and repair services throughout the City. Scope of Work: The Contractor is to provide the City with on -site water systems maintenance and repair services including all labor, materials, tools, transportation, equipment and supplies required to perform system maintenance, repair, renovations, installation or alteration for various City - owned infrastructure. Services will be provided on an "as and when requested basis, (24 hours, 7 days a week, 365 days per year)" for small, non - planned, or emergency repair services. The Rate Sheet submitted should consist of labor hourly rates for all labor classifications applicable to the quoted service. Other types of labor rates may be requested or added as needed. Labor hourly rates shall be inclusive of all charges including but not limited to, equipment if not specified otherwise, vehicles, construction vehicles, small tools, standard materials packages and expendables. For a detailed scope of services, please see attached sheet. Working Days Regular working hours shall be Monday to Friday, 8:00 am to 5:00 pm. Provide rates for weekday after hours, weekend and holiday work. Compensation at the hourly rate will begin when work commences on site. Contract Term The term of this contract shall be for a period of one year from its effective date if mutually agreed upon by both parties. Prices shall remain firm for the first twelve month period of the contract. 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 1'revai ling Wage and I epi trncnt of "IndListrial Relatio11s_fl)11 L I.1 854 ire ui� ements This project is subject to prevailing wage requirements. Also, the Contractor shall adhere to requirements of Section 1771, 1774 -1776, 1777.5,1813 and 1815 of the Labor Code. 1. No contractor or subcontractor may be listed on a proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)] . 2. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. 3. This project is subject to compliance monitoring and enforcement by the DIR. t aAitractor anal City 13 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 these projects, the acceptable license class is "A ". 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. Subcontractors mmmmmm p The services of Sub - contractors will comply with all terms and conditions required of the Contractor. CK cmrge2_�Lnd__( lalil►cations 1. Provide an overview of the company and resources to accomplish the requirements of this RFP. 2. List of work experience and qualifications of the Superintendent. 3. List of work experience and qualifications of the Foreman. 4. List of work experience and qualifications of the equipment operator. 5. What training and qualifications do you require your equipment operators to maintain? 6. Provide any other information that may be helpful in evaluating your company's ability to perform the proposed work. Re, Saar Service Methodology Summarize the key features of your proposed services and describe how you intend to fulfill the requirements of this Proposal. Identify any "risks" or "variables" that could affect your ability to provide on -call services to the City, and how you intend to mitigate them. Emergencies What will be your procedure to respond to emergency calls? How will the City contact your company on a 24 -hour basis? References List a minimum of 5 references that have used your company in a similar work within the last two years. 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 City Map Attachments - Rate Sheet - Example Water Main Project - Designation of Subcontractors - References - Insurance Requirements - Scope of Services - Public Works Contract - Public Works Bonds - General Specifications Evaluation of Proposals: Public Works staff shall determine which rates and services best meet the Department's on- call needs. 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 ■IIINMIIA' ""'°" " "`�IIII � cur ».. �.v,. Attachments - Rate Sheet - Example Water Main Project - Designation of Subcontractors - References - Insurance Requirements - Scope of Services - Public Works Contract - Public Works Bonds - General Specifications Evaluation of Proposals: Public Works staff shall determine which rates and services best meet the Department's on- call needs. 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 Submittal lie uirements Deadline and Questions: Place "On -Call Water Systems Maintenance and Repair Services RFF' in the Subject Line of all correspondence regarding this request in order for the emails to be routed correctly. All questions should be emailed and routed to Arianne Bola at aboIa(aJ),clsegundo.or no later than flay 2'3.201.6., Questions will be answered and responses sent to all registered contractors by 6:00 pm on May 24, 2016. All rate sheets, in the format attached to this letter, must be received by 3:00 P.M., WEDNESDAY, May 25, 2016, mailed or hand delivered to: Arianne Bola City of El Segundo Public Works Department 350 Main Street El Segundo, CA, 90245 The Proposer shall guarantee that all rates shown in their submittal shall be valid for a period of 120 calendar days from the due date of proposals or while contract documents are being processed. Sincerely, Aranne Bola Public Works Department (310) 524 -2364 Cc: Stephanie Katsouleas, Public Works Director /City Engineer Lifan Xu, Public Works Department 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 City of E1 Segundo On -Call Water Systems Maintenance and Repair Services, Project No. PW 16 -21 Company Name: Address: City /State /Zip: Designated Contact: Email: Phone #: Cell Phone #: Provide rates for all labor classifications applicable to the quoted service. Item descriptions encompass the scope of services described in the City solicitation letter dated May 11, 2016, and any subsequent additional information issued by the City for this request. Provide rates for weekday after - hours, weekend and holiday work.* Compensation at the hourly rate will begin when work commences. If an Item number does not apply, please enter "Not Applicable" on the hourly rate line for that item. Please use the following format. Additional blank rows /lines have been added to the end of the table for your use if needed. 1. Labor 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 AR OVERTIME OVERTIME OVERTIME ITEM HOURLY WEEKDAY WEEKEND HOLIDAY NO. CLASSIFICATION RATE HOURLY HOURLY HOURLY RATE RATE* RATE 1 Superintendent 2 Foreman 3 Pipefitter/ Pipelayer 4 Laborer 5 Truck Driver 6 Welder 7 Minimum Hours if ,,�,lo,,,i�� /if %� /% iii ,�� /, / / /,l, %! > /� /i� /,;f�i!��r �� %�f ��iia %�; %'� �� ✓'�, � any) 8 9 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 10 Describe Discount Payment Terms if Applicable (e.g. discount on materials purchased from bidder, etc.): L... . ............ * Notes: If Saturday and Sunday overtime hourly rates differ, please note the hourly rates on a separate sheet for applicable Items. Basis for establishing cost for tools and equipment rental rates 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. 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 OVERTIME OVERTIME OVERTIME ITEM REGULAR WEEKDAY WEEKEND HOLIDAY NO. CLASSIFICATION HOURLY HOURLY HOURLY HOURLY RATE RATE RATE* RATE 10 Describe Discount Payment Terms if Applicable (e.g. discount on materials purchased from bidder, etc.): L... . ............ * Notes: If Saturday and Sunday overtime hourly rates differ, please note the hourly rates on a separate sheet for applicable Items. Basis for establishing cost for tools and equipment rental rates 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. 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 Example Water Main Project ITEM NO. ........... .......... DESCRIPTION . . UNIT ..... QTY UNIT PRICE IN AMOUNT . . . .. . . . .......... FIGURES Construct 8-inch D.I.P. (Class 52) Water Main including all fittings and appurtenances, traffic control, public safety and convenience, utility I potholing, trench excavation, pipe LF 100 bedding, trench backfill, trench resurfacing, and temporary and permanent traffic stripping and markings. Construct Fire Hydrant connection complete including hydrant lateral, all fittings and appurtenances, hydrant, 2 gate valve, trench backfill, trench EA 1 resurfacing, traffic control, public safety and convenience, and temporary and permanent traffic striping and markings. ............. Construct 1-inch Water Service Connection, remove existing meter, install new meter, and connect to existing customer service including, all fittings and appurtenances, traffic 3 control, public safety and convenience, EA 2 utility potholing, trench excavation, pipe bedding, trench backfill, trench resurfacing, and temporary and permanent traffic striping and markings, repair existing landscape/ hardscape/ concrete in kind. 4 Pressure testing, chlorination, and LS 1 $ $ disinfection of 100 LF of pipeline, Total Bid (Item I through 4) $ 350 Main Street, El Segundo, CA 90245-3813 (310) 524-2300 Agreement No. 5149 DESIGNATION OF SUBCONTRACTORS ON -CALL WATER SYSTEMS MAINTENANCE AND REPAIR SERVICES PROJECT NO.: P W 16 -21 Company Name: 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: ...... ... Name of Sub- Description of Subcontractor contractor portion of License Work Estimated Number Address Subcontracted $ Amount 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 REFERENCES Company Name: Agreement No. 5149 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: 1. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ _ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 3. Project Title: 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ m_ Did your firm have any financial interest in Project? 4. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract Did your firm have any financial interest in Project?., 5, Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 Amount of work done by my /our firm under contract Did your firm have any financial interest in Project? 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: 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] ON -CALL WATER SYSTEMS MAINTENANCE AND REPAIR SERVICES PROJECT NO.: PW 16 -21 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of I nsur ance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California l 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." Date Bidder's Signature 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 • • 1 -0, WATER SYSTEMS MAINTENANCE AND REPAIR SCOPE OF SERVICES: The services requested would be similar to the water system maintenance and repair services provided by the contractor in the normal course of business. All work performed under this contract shall be for water facilities owned and operated by the City of El Segundo. The Contractor must respond to emergency sites within 45 minutes. 1 -1. The Services are to be provided on an "as needed and when requested" basis and include, but not be limited to, the following City needs: a. Repairs of water main lines, service laterals, fire hydrants, water valves, water meters, air valves, blow -offs, pumps, etc. b. Potholing of existing utilities c. Trenching and subgrade preparations d. Water meter box and valve cover adjustments e. Surface restoration f. Disposal of removals g. Traffic Control h. NPDES Compliance i. Dewatering of excavations j. Temporary by -pass services k. Water Quality testing and disinfection 1. Fire hydrant flushing m. Site remediation and cleaning n. Welding o. Estimating and providing written quotes regarding repairs or installations to the Project Manager 1 -2. The above is not intended as an exhaustive list. The scope of work will be determined on an as requested basis. It is expected that the successful contractor will be able to make good repairs any portion of the City facilities' water systems on an emergency basis. 1 -3.. The service company's principal business shall be the installation; repair, service, inspection and testing of water systems. 1 -4.. The service company shall own and operate a fully licensed independent or fully licensed franchised company, and shall be fully experienced to service, repair, inspect and test all of the water systems installed in the City. 350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 5149 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND COMPANY NAME This CONTRACT is entered into this Numerical Date day of Month, 20Year, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and COMPANY NAME, a Type of organization (on W -9) ( "the Contractor "). 1. WORK. A. The Contractor will provide all work listed in the Contractor's Proposal, attached as Exhibit "A" (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B, The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents. C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D, "Contract Documents" means the Contractor's Proposal; this Contract; Standard Specifications, attached as Exhibit "B "; Exhibits; Technical Specifications; 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 Price in Words dollars ($Price Numerically) 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 term of this contract shall be for a period of ONE YEAR (the "Contract Time. "). B. The Contract Time will commence when the City issues a notice to proceed. Agreement No. 5149 The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii� The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E„ Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, the Contractor must pay its workers prevailing wages. It is the Contractor's responsibility to interpret and implement any prevailing wage requirements and the Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. See Section 7 -2 of the Standard Specifications. 5. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 6. 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. 7. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 8. 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. 9. 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 2 Agreement No. 5149 and materials as desired, but will deliver all original materials to the City upon the City's written notice. 10. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 11, INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 12. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 13. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City The Contractor City of El Segundo - Public Works Business Name 350 Main Street Address El Segundo, CA 90245 Address Attention: Name Attention: Name Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 3 Agreement No. 5149 14. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 15. 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. 16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 17. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 18.AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 4 Agreement No. 5149 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO COMPANY NAME a general law city. Greg Carpenter City Manager ATTEST: Tracy Weaver City Clerk APPROVED AS TO FORM: Mark D. Hensley City Attorney Insurance Reviewed by; 5 Name: Title: Taxpayer ID No. Agreement No. 5149 FAITHFUL PERFORMANCE BOND ON -CALL WATER SYSTEMS MAINTENANCE AND REPAIR SERVICES PROJECT NO.: PW 16 -21 Bond No. Bond Fee: ( "PRINCIPAL ") and � ........................ �.�. _. , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of ($), 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 -21, 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 -21, 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 -21) which are made a part of this bond when said plans and profiles are approved by the City Council and fled 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. I -E -1 Agreement No. 5149 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code (`SSMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16 -21 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E -2 FWRNLUNJIVWNF�'�A VVI Agreement No. 5149 20 RVIRIAINWINUMNIEMM PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: . . . .......................... . . . .......... . . .......... ------ ...... . . ............ NOTE: (1) ALL signatures must be acknowledged by a notary public, Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job, I-E-3 Agreement No. 5149 LABOR AND MATERIALS BOND ON -CALL WATER SYSTEMS MAINTENANCE AND REPAIR SERVICES PROJECT NO.: PW 16 -21 Bond No. Bond Fee: ("PRINCIPAL") and corporation as principal a incorporated under the laws of the State of . ...... ._.- ._......... and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of _($ ), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in ON -CALL WATER SYSTEMS MAINTENANCE AND REPAIR SERVICES PROJECT, SPECIFICATIONS NO. PW 16 -21 ( "Public Project "), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16 -21, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16 -21), 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. equipment. PRINCIPAL will pay all contractors, subcontractors, and persons renting PRINCIPAL will pay for all materials and other supplies, for equipment used in, I -F -1 Agreement No. 5149 on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16 -21, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F -2 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL'S MAILING ADDRESS: Agreement No. 5149 20 SURETY'S PRESIDENT SURETY's SECRETARY SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job I -F -3 Agreement No. 5149 SECTION II - GENERAL I� : tJIRf;MENTS 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. 1NSlJRA IC l:; ' ➢l.) C1 "1'Y t3USCNESS Ll :;l NSI- 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 subcontractors, 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 Dollars ($ 350.00) to insure against damage to a 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 SAFETY & HEALTH ADMINISTRATION All work performed under this contract will be done in strict compliance with the Cal -OSHA Rules and Regulations, latest edition. I1 -A -1 Agreement No. 5149 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. E : # L1L6 ] 0 H D I .Z / 19 111Is ] I" ► � [.y 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. 5149 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT 0 -0 STANDARD SPECIFICA"1'IONS 0 -1 GENERAL Except as modified by these Standard Specifications, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" ( "Greenbook ") and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0 -2 NUMBERING OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greebook 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 1 -3 Agreement No. 5149 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." 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 Southern California Chapters of AGC and APWA WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association current edition and subsequent supplements 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 Not later than the date designated in the current Contract Schedule submitted by the Contractor, the City will provide access to the real property and facilities upon which the II -B -2 Agreement No. 5149 Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. 1 • ! �• The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. Subsection 2 -3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2 -3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one -half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor's control over the Work, cancel the contract, or assess the Contractor a penalty of not more than ten percent of the subcontract involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for II -B -3 Agreement No. 5149 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 up 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: 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 II -B -4 Agreement No. 5149 are to be submitted to the City representative for approval prior to acceptance of the project as complete. The current accepted Contract Schedule. Shop Drawings, Product Data, and Samples. 4, Approved permits from other agencies, including Cal -OSHA permits for trench shoring. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there are no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2 -5.2 R C!"I :3EN E OF COi TRACT DOCUMFNTS 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 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 II -B -5 Agreement No. 5149 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 will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. :. Agreement No. 5149 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. W 1 Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3 -3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3 -3.2.2 (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3 -3.2.3 MARKUP Subsection 3- 3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor ............... .............................20 2) Materials ......... .............................15 3) Equipment Rental ......................... 15 4) Other Items and Expenditures......15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) will be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid II -B -7 Agreement No. 5149 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 REPORTS BY CONTRACTOR Add the following paragraph to subsection 3 -3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3 -4 CHANCED CONDITIONS Subsection 3 -4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ( "changed conditions "), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6 -11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection 6 -11.3, the Contractor will be liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions will include, without limitation, the following: Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character-being performed; and 3. Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law. The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer's decision, and any dispute regarding that decision, will be made in accordance with Section 6 -11 except that the Engineer will render a decision promptly. Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: II -B -8 Agreement No. 5149 The information is made available for the Bidders' convenience and is not a part of the Contract. 1 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. 1 •' 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 INSPECTION REQUIREMENTS Subsection 4 -1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4 -1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non - reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the contract documents. II -B -9 Agreement No. 5149 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. Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal ". For the City's consideration of a proposed "equal" item, the Bidder will submit, a minimum of ten (10) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item ". At a minimum, the submitted documentation will include: • Written request with explanation of why the product should be considered as an equal product. • Material specifications. • Technical specifications. • Test data. • Samples. • Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. • Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days bro 'ft)'r � 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 PROTECTIO The following subsection is added to Subsection 5 -2 of the Greenbook. 5 -2.1 INCORRECT LOCATION OF UTILITIES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing. II -B -10 Agreement No. 5149 5 -4 RELOCATIO The following subsection is added to Subsection 5 -4 of the Greenbook. 5 -4.1 i 1.S1'I: NSIBwILITYmOF- UTILITY R ,M0VA , �h R L0(m 1 l'0N 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 Meetingµ; After contract award, the City will arrange for a pre- construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub - contractors to attend the meeting. II -B -11 Agreement No. 5149 6 -1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) days of award. 6 -1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 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. 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 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 II -B -12 Agreement No. 5149 of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. The Engineer's failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6 -1.4 COMMENCEMENT OF CONTRACT TIME The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of fifteen (15) days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6 -4 DEFAULT BY CONTRACTO 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. 5149 6 -4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK The City may terminate the Contractor's control over the Work without liability for damages when, in the City's opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the work completed and in place at the time of termination, less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control, the City may do any one, or combination of, the following: 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. 5149 6 -6 DELAYS AND EXTENSIONS OF TIME Subsections 6 -6.1 to 6 -6.4 are deleted and replaced with the following subsections, 6 -6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. 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 CONTRACTO Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5 -5 excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6 -6.4 WRITTEN NOTICE AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the II -B -15 Agreement No. 5149 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 - Friday, January 1, 2016 Martin Luther King, Jr. Day - Monday, January 18, 2016 President's Day - Monday, February 15, 2016 Memorial Day - Monday, May 30, 2016 Independence Day - Monday, July 4, 2016 Labor Day - Monday, September 5, 2016 Veterans' Day - Friday, November 11, 2016 Thanksgiving - Thursday, November 24, 2016 Christmas Eve - Saturday, December 24, 2016 Christmas - Sunday, December 25, 2016 New Year's Eve - Saturday, December 31, 2016 Working on Fridays when City Hall is closed is acceptable; however, if the Contractor 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 prior to its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day shall be 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 The following paragraph is added to Section 6 -7 of the Greenbook: II -B -16 Agreement No. 5149 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. • • l�A • The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. C' J; MKS ] ►�i 1 J I 1� I I l[ f] R► /_A C► I t7_ L K� 1 �7 7 111_l I► [� 1 V Subsection 6 -8 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 lLwiw(�[��l[_l 1)r. "l,d' 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 If all the work called for under the contract is not completed before or upon the II -B -17 Agreement No. 5149 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: M00:171M.1. 6 -11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. 6 -11.2 FORM A Claim must include the following: A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. II -B -18 Agreement No. 5149 If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. C) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7. 'If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. A personal certification from the Contractor that reads as follows: 1, BEING THE _ (MUST BE AN OFFICER) OF (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY II -B -19 Agreement No. 5149 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 1. N(il' l a1'R Within (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 PREREQ JIS[ ] E TO OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 6 -11.5 DECISION ON CLAIMS The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 30 days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. II -B -20 Agreement No. 5149 The Engineer's decision on a Claim will include a statement substantially as follows:. "This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within 30 calendar days of the date of this decision, the decision will be come final and binding and not subject to further appeal." 6 -11.6 APPEAL OF ENGINEER'S DECISION Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within 30 calendar days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 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 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. II -B -21 Agreement No. 5149 The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each parry will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. 6 -11.9 WHEN ARBITRATION DECISION BECOMES BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 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 I OtJ.. 'T, WAIV1a1 01: 1IJI�Y `I"I IA1, 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, ORBREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6 -11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 7 -2 LABOR The following subsections are added to Subsection 7 -2 of the Green Book. 7 -2.3 PREVAILING WAGES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703 -4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the II -B -22 Agreement No. 5149 employment of apprentices by the Contractor or any subcontractor. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 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 RECORD OF WAGES PAID: INSPECTION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7 -3 LIABILITY INSURANCE II -B -23 Agreement No. 5149 Subsection 7 -3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7 -3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM COMBINE D SINGLE LIMIT CL 00 02 01 85 or 88 $2,000,000 CA 00 01 01 87 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its II -B -24 Agreement No. 5149 officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) calendar day notification for non - payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self - insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self - insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 1185, 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 II -B -25 Agreement No. 5149 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 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 II -B -26 Agreement No. 5149 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 Building Safety Division. These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed. 7 -8.1 CLEANUP AND DUST CONTROL Subsection 7 -8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. II -B -27 Agreement No. 5149 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 the laying of dust caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water 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. (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. II -B -28 Agreement No. 5149 (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 SAFETY The following requirement is added to Section 7 -10: Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News. 7 -10.1 TRAFFIC AND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of II -B -29 Agreement No. 5149 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 11 per Section 7 -3 and lights will be Type A per Section 7 -5 ofthe "`Fork Area Traffic Control Handbook" (WATCH). 7 -10.2 STREET CLOSURES, DF.' FOURS. BARRICADES Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one (1). Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. Where access to driveway or street crossings need to be maintained, minimum 11/4 inch thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non -skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7 -10.5 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will 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. II -B -30 Agreement No. 5149 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 II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor, the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3 -4 (Changed Conditions) of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3 -5, Disputed Work, of the Greenbook. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of II -B -31 Agreement No. 5149 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 hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty -five (35) calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. II -B -32 Agreement No. 5149 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 (3 5) calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and /or the City by material suppliers, sub - contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment /claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract. Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. II -B -33 Agreement No. 5149 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 A ENCY 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