CONTRACT 5204 Public Works Contract CLOSEDAgreement No. 5204
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
CIVIL WORKS CORPORATION
RICHMOND STREET BOLLARD INSTALLATION
PROJECT NO. PW 15 -01 D
This CONTRACT is entered into this 12th day of; gg!lher, 2016, by and between the
CITY Or EL SEGUNDO, a general law city and municipal corporation ("the City") and CIVIL
WORI (;S C OIL )O ATIOtq, a California Corporation ("the Contractor ").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the
"Work "). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" rneans the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed EIGHT
THOUSAND FOUR HUNDRED DOLLARS (S,8400) 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.
Agreement No. 5204
A. The Contractor willfully complete the Work within fifteen (1.5) calendar days
(the "Contract Time. ")
B. The Contract Time will commence when the City issues a Notice to Proceed.
The Contract Documents will supersede any conflicting provisions included on
the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the Contract
Documents; and
The City gives the Contractor a written, signed, and numbered purchase
order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract
Time is reasonable for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240- 10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
Agreement No. 5204
of insurance coverage to be maintained by the Contractor as required by the Contract
Documents, and any approval of such insurance by the City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to contract for similar service to be
performed for other employers while under contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits the City provides for its employees. Any provision in
this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the same
and to make transcript therefrom, and to inspect all program data, documents, proceedings
and activities. The Contractor will retain such financial and program service records for at
least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The Ci
Stephanie Katsouleas
Public Works Director
City of El Segundo
350 Main Street,
El Segundo, CA 90245
(310) 524 -2356
The Contractor
Suhail Kamel Kharouba
President
Civil Works Corporation
10009 Artesia Blvd
Bellflower, CA 90706
(562) 461 -1011
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
Agreement No. 5204
properly addressed as noted above. In all other instances, notices will be deemed given at the
time of actual delivery. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will continue
in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract and
to engage in the actions described herein. This Contract may be modified by written
amendment. The City's city manager, or designee, may execute any such amendment on the
City's behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract,
agreements ancillary to this Contract, and related documents to be entered into in connection
with this Contract will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing such
covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
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21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and
year first hereinabove written.
%IT 'l,'
dare arpe es, Suh i-1 h a Uba
Cit r President, Civil Works Corporation
Y AT'l'.' ST: u
C t "I mI
Insurance Reviewed by:
Taxpayer ID No.
Contractor Stat
License No.: �c�"
Contractor City Business
License No.:
Agreement No. 5204
City of El Segundo
Exhibit A
Scope of Work for
343 Richmond Street Parking Lot Bollard Installation
and 140 Richmond Street Bollard Installation
Due Tuesday, 9/6/16, at 4 pm
The City requests the Contractor to provide an estimate on the attached bid table for the
following Work in accordance with the terms and conditions of the Agreement. Coordinate all
work and any construction changes with City staff at least one week in advance.
Bid Item l cc , ciI q Sco
• Project location is the west end of the Chipton -Ross parking lot immediately north of 300
Richmond Street, between 300 and 350 Richmond Street.
• Install two steel interior pipe bollards and concrete to fill the pipes per the attached drawing
and manufacturer specifications. Steel pipes will be furnished by the City from Reliance
Foundry, Model R- 1007 -04. The round ball top style, Model R -7539 also furnished by the
City from Reliance Foundry is to fit over new steel pipe bollard.
• Notify the City and Chipton -Ross at least one week prior to demolition. Chipton -Ross can
be reached at (310) 414 -7800.
• Prior to any demolition, inventory all City - supplied pipes, bollard covers, fasteners, and
appurtenances to make sure all parts needed are available. Contractor shall bring any
missing items to the City's attention immediately.
• Move the pipes, bollards, and appurtenances from the City Maintenance Yard, located at 150
Illinois Street, to the project site on Richmond Street
• Contractor shall mark off bollard locations for City review prior to demolition.
• Install bollards at a depth thirty inches below grade. Contractor shall core existing concrete
and excavate as necessary to provide the appropriate foundation for the bollards.
• Install bollards in parking lot asphalt a minimum of 1.5 feet away from the back of sidewalk
and any other above -grade entity. Minimum distances will be measured from the perimeter
of the decorative bol lard covers.
• Bollard locations should line up approximately with the bottom of the driveway "x" and also
still remain inside any painted triangular striping. Contact City staff for any field conflict.
• Provide concrete foundations for the security bollards. Place pipes at the correct locations
and depth and fill them with concrete to become security bollards.
• Install decorative bollard covers over the security bollards and attach them to the sidewalk
per the manufacturer's specifications.
• Protect in place all right -of -way in the area and repair any areas damaged due to
construction to the City's satisfaction.
• Dispose construction debris in accordance with applicable regulations.
• Work shall be completed within five (5) calendar days from the Notice to Proceed date.
Agreement No. 5204
Bid Ite m 22 Proiecj:Sp�ccil c Sco �
• Project location is the bulbout in public right -of -way at 140 Richmond Street, the Old Town
Music Hall
• Install seven steel interior pipe bollards and concrete to fill the pipes per the attached
drawing and manufacturer specifications in the newly constructed bulbout. Steel pipes will
be furnished by the City from Reliance Foundry, Model R- 1007 -04. The round ball top
style, Model R -7539 also furnished by the City from Reliance Foundry is to fit over new
steel pipe bollard.
• Notify the City and Old Town Music Hall at least one week prior to demolition. Old Town
Music Hall can be reached at (310) 322 -2592.
• Prior to any demolition, inventory all City - supplied pipes, bollard covers, fasteners, and
appurtenances to make sure all parts needed are available. Contractor shall bring any
missing items to City's attention immediately.
• Move the pipes, bollards, and appurtenances from the City Maintenance Yard, located at 150
Illinois Street, to the project site on Richmond Street.
• Contractor shall mark off bollard locations for City review prior to demolition.
• Install bollards at a depth thirty inches below grade. Contractor shall core existing concrete
and excavate as necessary to provide the appropriate foundation for the bollards.
• Install bollards at least 5 feet apart.
• Install bollards a minimum of 1.5 feet away from the curb face and any other above -grade
entity. Minimum distances will be measured from the perimeter of the decorative bollard
covers.
• Planter shown in attached drawing is already existing. Contractor shall ensure that bollard
locations do not conflict with planter location.
• Provide concrete foundations for the security bollards.
• Place pipes at the correct locations and depth and fill them with concrete to become security
bollards.
• Install decorative bollard covers over the security bollards and attach them to the sidewalk
per the manufacturer's specifications.
• Protect in place all right -of -way in the area and repair any areas damaged due to
construction to the City's satisfaction.
• Dispose construction debris in accordance with applicable regulations.
• Work shall be completed within ten (10) calendar days from the Notice to Proceed date.
A pre -bid job walk will be held at 10 am this Thursday, September 1, beginning at 343 Richmond
Street. Construction will be occurring so please park on a different street and walk to the site.
Agreement No. 5204
(fcne ai co
• Contractor's Lump Sum bid shall provide for all materials, equipment, tools, labor, coring,
drilling, excavation, concrete installation, surface refinishing, disposal, BMP application,
incidentals, etc. required to entirely complete the project to the City's satisfaction.
• Provide traffic control /barricades as needed to protect workers, pedestrians, motorists, and
the area of operation.
• Coordinate work so the least impact is placed upon local businesses.
• Apply Best Management Practices during construction
• Perform work with personnel with the proper certifications for the construction.
• Perform work to Standard Plans for Public Works Construction, City, manufacturer's and
applicable standards.
• Work shall occur on Monday through Thursday between the hours of 7 am and 4 pm.
• Repair /replace any property damaged during the project to City satisfaction.
• Adhere to requirements of City agreement. Prevailing wages are applicable and shall be
included in the bids.
• Adhere to SB 854 requirements as necessary. Information is available at
httttp �"I'A�. vw.dir�ov/n abli_ -y ortis/S!3854.html
• Bids over $25,000 require a Performance Bond and Labor and Materials Bond upon award.
• Contractor shall provide proof of required insurance endorsements and business license
upon award.
• Contractor shall obtain a No -fee Public Works Encroachment Permit prior to beginning
construction.
• Contractor shall provide City staff at least forty -eight (48) hours to answer Requests for
Information or change order requests.
• Contractor shall not proceed with any construction for which a change order request has
been made until a Change Order Agreement has been completed.
• Five percent of the bid amount will be retained until all punch list items are completed on
the project and all permits are signed off.
Attachments
• Sample City agreement
• Bollard proposed layouts
• Bollard specifications
• Bollard cover specifications
Agreement No. 5204
1 TABLE
RICHMOND STREET PARKING LOT BOLLARD INSTALLATION
'l RICHMOND STREET BOLLARD
'% ._._......1. _�
Company Naine: l.e.
Address:
City /State /Zip:.mm
Designated Contact:
Email: w t
P hone _ o, Cell Phone #:
ate
UNIT
ITEM NO. ESTIMATED DESCRIPTION PRICE IN TOTAL
QUANTITIES FIGURES
Install two security bollards and
1 1 Lump Sum decorative covers at west end of 343 IC i 6�
Richmond Street parking lot as stated
in the project scope.
Install seven security bollards and
2 l Lum Sum decorative covers in front of 143 I CjP6 C)
p • Richmond Street as stated in the
project scope_
TOTAL BASE BID (In Figures) p
f ....
TOTAL BASE BID (In Words)
Agreement No. 5204
CHIPTON -ROSS PROPOSED PARKING LOT BOLLARDS
• Striping and bollards for parking stalls to be installed by others
• Contractor shall mark off bollard locations for City review prior to demolition.
• Install bollards at a depth thirty inches below grade. Contractor shall core existing concrete and excavate as necessary to
provide the appropriate foundation for the bollards.
• Install bollards in parking lot asphalt a minimum of 1.5 feet away from the back of sidewalk and any other above -grade entity.
Minimum distances will be measured from the perimeter of the decorative bollard covers.
• Bollard locations should line up approximately with the bottom of the driveway "x" and also still remain inside any painted
triangular striping. Please contact City stab if there is a field conflict.
Please disregard the words Richmond St and the two arrows from the mapping software.
Agreement No. 5204