CONTRACT 5384 Public Works Contract CLOSED Agreement No. 5384
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
SIEMENS INDUSTRY,INC.
POLICE STATION BASEMENT AC PROJECT
PROJECT NO.: PW 17-32
This CONTRACT is entered into this 271h day of July,2017, by and between the CITY
OF EL SE'GUND0, a general law city and municipal corporation ("the City") and Siemens
Industry, Inc., 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"means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits;Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and Supersede any previous agreements or
understandings.
2. CONTRACTS . The City agrees to pay the Contractor a sum not to exceed Forty-four
thousand, nine hundred, ninety Dollars ($44,990.00), plus a contingency amount of Four-
thousand, five hundred Dollars($4,500), for the Work in the manner set forth in the Contract
Documents.
------------------
Agreement NO. 5384
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the installation of the Work within twenty-
five(25)working days(the"Contract Time.")and will fully procure equipment
|
within thirty (30) working days.
�
B. The Contract Time will commence when the City issues nNuiiue to Proceed.
The Contract Documents will supersede any conflicting provisions included on
the notice toproceed issued pursuant tnthis Contract.
C. The Contractor may not perform any Work unti|;
[. The Contractor furnishes proof oFinsurance ayrequired bythe Contract
Documents; and
ii. The City gives the Contractor owritten, signed,and numbered purchase
order and notice hoproceed.
l). By signing this Contract,the Contractor represents hothe City1hmt the Contract
Time is reasonable for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
|
F. Should the Contractor begintho Work bcfbn: receiving written authorization to
procecd' any such Work iuutthe 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 §8 10240-10240.13.
5. THIRD PARTY CLAIMS. lnaccordance with Public Contracts Code 892O|.the City wi||
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 °Nodue" section nfthe Contract
Documents, /kmmore specifically detailed inthe 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 aTaxpayer Identification Number.
/
7. PERMITS AND LICENSES. Un|ooa otherwise provided, the Contractor, at its sole
expense,will obtain and maintain during the ContractTime,all necessary permits,licenses,
and certificates that may berequired iuconnection with the Work.
0. OWNERSHIP OBrDOCUMENTS. All documents,data,studies,drawings,mepo 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 tmthe City upon the City's written notice.
II
Agreement No. 5384
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
of insurance coverage to be maintained by the Contractor as required by the Contract
Documents,and any approval of such insurance by the City,are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to contract for similar service to be
performed for other employers while under contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits the City provides for its employees. Any provision in
this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the same
and to make transcript therefrom, and to inspect all program data, documents, proceedings
and activities. The Contractor will retain such financial and program service records for at
least three (3) years after termination or final payment under the Contract Documents,
12. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The City The Contractor
Ken Berkman Tom Murray
Public Works Director
City of El Segundo Siemens Industry, Inc.
350 Main Street 6141 Katella Avenue
EI Segundo, CA 90245 Cypress,CA 90630
(3 10) 524-2356 (714) 227-1615
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.
I
Agreement No. 5384
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.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
Agreement No. 5384
IN WITNESS WHEREOF the parties hereto have executed ' is contract the day and
year first hereinabove written,
D laser
CHSEGLJ DO 01
, F F
Direct , of Finance
Cit
Siemens DOC t.
Inc,
nin IM"
AVH,�, I
Taxpayer ID No. 0)."
C,
Contractor State
License No.: 77`)'-`gi) ; �(1,-,
Contractor City Business
License No.:
APPROVED AS TO FORM:
MARK D. I[ENS H`Y, City Attorney
By: c—"P:1
David H. King,
Assistant City Atlor-110"
Insurance Revie
wed by:
Agreement No. 5384
FAITHFUL PERFORMANCE BOND
POLICE STATION BASEMENT AC PROJECT
PROJECT NO.: PW 17-32
Bond No. 8245-68-29
Bond Fee: $200.00
("PRINCIPAL") Siemens Industry Inc.
and Federal Insurance Company a corporation
incorporated under the laws of the State of Indiana 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 Forty-four thousand,
Nine hundred,ninety DOLLARS,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 17-32,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 17-32, 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 17-32) which are made a part of this bond when
said plans and profiles are approved by the City Council and filed with CITY's Engineering
Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed,CITY may,at its sole discretion,cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
I-E-1
Agreement No. 5384
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation,the El Segundo Municipal Code (`SSMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 17-32 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;
& 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
Agreement No. 5384
SIGNED AND SEALED this 31st day of August . 20 17
Angle Hemandez
"A
Business Line FBA III SURETY's
XMX Attorney-in-Fact
Brittany D.11a,in,Attq r �yey-In-Fact
V� _WUm
P1 I N Cl YPl.., Mielke 'SUR[ Y's MCXMT>A)RM
Witness
PRINCIPAIL's MAILING ADDRESS: SURETY'S MAILING ADDRESS:
15 Mountain View Rd
Warren,NJ 0/U5"9
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. 5384
ACKNOWLEDGMENT BY CORPORATION
STATE OF IL
ss.
County of Lake
On this 31st day of Aul;ust , 2017 before me personally appeared Angie Hernandez
known to me to be the Manager Business Line FBA III
of Siemens Industry, Inc.,the corporation that executed the within instrument, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid
County, the day and year in this certificate first above written.
"D (A'fiCIAL�Mw,"FVuW"W«Hwy.,wx"i'M�Md"'NerywwJ"wJ""NVY"N,itl^4wlJ'w.Vrrm
(Seal) ARYa �
' Notary Public in the State of Illinois
d, PAY ;lYNOYARY
)d 6 dR 00A),P�r,''�,a
'dwn'•"Ml,n�",.mMb,yNMw�i'J"Wpu1aMVru"Mi.W4d"Mu+ y,xl"'wd° mM,"kV"'"Wd"MP"Nuw'.,,Wn....,SAV
Agreement No. 5384
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
i } ss.
City of St. Louis
31st August 2017
On this day of ,before me personally
appeared Brittany D. Clavin ,known to me to be the Attorney-in-Fact of
Federal Insurance Company
the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid
County, the day and year in this certificate first above written.
. ............... ......................................................
Sandra L. Ham
My Commission Expires: 01/18/2021 Notary Public in the State of Missouri
(Seal) County of St. Louis
Commission#12450177
SANDRA L HAM
N<'atraryPut llo, Notary Soul
State of Ws,sourl
$I'. Loaais cowily
r:Womrr7'isslora ff 12450111
y cliff FINslora Expires Ja'06ory 16, 2021
S-0230/GEEF 2/98
AkraPmpnt ND ..5384
Chubb POWER Federal Insurance Company ttn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY pacific Indemnity Company Com Warren, NJ 07059
�lawl
........................
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Pamela A. Beelman, Cynthia L. Choren, Brittany 0. Clavin, Joann R. Frank, Sandra L. Ham, Heidi A. Notheisen,
Karen L.Roider and Debra C.Schneider of St.Louis,Missouri —_______�___________�_____�_
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any
instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COM&ANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 1 day of March, 2016.
Da>,�f1"fit.ChNorOs ABSI' t� �
s nt Secretary � orsDavri -J�r.,Vdoa Presl
—
STATE OF NEW JERSEY
S&
County of Somerset
On this 1 at day of March, 2016 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the
said Dawn M. Chloros, being by me duly swom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals
and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;
and that she is acquainted with David B.Norris,Jr„and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said
Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said Ely-Laws and in deponent's presence.
Notarial Seal .001
KATHERINE,i.AI�W WJE
TY NOTARY I�tJ�BLIC CIF'NEW JERSEY
0.6-0 No,,231868'
080 Commission Expires July 10,2019 7 Nolary Public
" JE CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
"Except as otherwise provided In these By-Laws or by law'or as otherwise directed by the Board of Dlre ors„the President or any Vice President shall be authorized to
execute and deliver,in the name and on behalf of the Corporation,all agreement's,bonds.Contracts,deeds,mortgages,and other instruments,either for the Corporalion's
own aowunt or in a flduciaryor ether capaoAty,and the seat of the Corporation,if appropriate„shall be affixed thereto by any of such officers or the Secretary or an Assistant
Secretary. The Board of Directors,the President or any Vice President designated by the Board''of Directors may authorize any other offlcer,employee or agent to execute
and deliver, in the name and on behalf of the Corporation„agreements, bonds,contracts,deeds, mortgages, and other Instruments, either for the Corporatpon's own
account or in a fiduciary or other capacity,and,If appropriate,to affix the seal of the Corporation thereto, The,grant of such authority by the Board or any such officer may
be general or confined to specific instances."
I,Dawn M.Chloros,Assistant Secretary or FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies*)
do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(id) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto
Rico,and each of the Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this 31st day of August, 2017.
Dawn 41w .
. Iwt o os,Assistant Sceretary"
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS
LISTED ABOVE.OR BY Telephone(9081£103-3403 Fox(e08)903-3555 email: surott@(�hubb.corm d8
Form 15-10-02258-U GEN CONSENT(rev,07-15)
ILII IY I...u...IIIII.I.llulul.luuu..uuu.iu....u.u...uuu.lulluuu.....0..0........I.u.l.I.u.u.u.0l,ul,u....................lllllllll..............l ..II l luuu....uuuu lluuuul.1. iii l..u...I I.I. u�.u�.luu ..uu....u� IIII VIII I I IIIIHI III II „II II
�................................................µ....................................M.......................................................—..—.—.—... ........—..........wm............1...............ww............... ..........
Agreement Mo. 538,1
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis I
I
DECEMBER 31, 2016
(in thousands of dollars)
uul,IuuIIIIIIIIIIIIIIIIIIIII�„uum��I�uumllu�Illlll�llllnl�ll�IIIIIIIulllllllllllllllllllllllllllll��Ilwllllwlllll.IUIIY 1
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments................ $ (86,990) Outstanding Losses and Loss Expenses..... $ 11,482,308
United States Government,State and Unearned Premiums..................................... 2,723,875
I 8,135,311 Ceded Reinsurance Premiums Payable....... 566,868
_ Stocks...nds..................................................
Municipal Bonds.._...............................
Other Bonds............... ..... ............................ 5,471,330 Provision for Reinsurance............................ 29,339 I
...................„ 130,689 Other Liabilities............................................. 1,144,976
Other Invested Assets................................... 1,289,903
TOTAL INVESTMENTS............. 14,940,243 TOTAL LIABILITIES .........,..,,......,.,.,.......... 15,947,366
Investments in Affiliates:
Chubb Investment Holdings, Inc................ 3,727,406 Capital Stock................................................ 20,980
Pacific Indemnity Company............. 2,926,619 Paid-In Surplus........................,.................... 3,106,809
Executive Risk Indemnity Inc...................... 1,250,965 Unassigned Funds....................................... 8,296,020
Great Northern Insurance Company.......... 504,162
Vigilant Insurance Company....................... 319,505
Chubb European Investment Holdings,SLP. 277,361 SURPLUS TO POLICYHOLDERS.............. 11,423,809
Chubb Custom Insurance Company 214,956
Chubb National Insurance Company......... 162,929 1
Chubb Indemnity Insurance Company....... 163,668
Other Affiliates............................................ 70,204
Premiums Receivable................................... 1,510,107
Other Assets................................................. 1,303,050
TOTAL LIABILITIES AND SURPLUS
TOTAL ADMITTED ASSETS...................... $ 27,371,175 TO POLICYHOLDERS............................. $ 27,371,175
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31,2016, investments with a carrying value of$565,702,495 were deposited with government authorities
as required by law.
State, County&City of New York, — ss:
Dawn M. Chloros,Assistant Secretary of the Federal Insurance Company
being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31,2016 is true and correct and is a true abstract of the Annual Statement of said
Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2016.
Subscribed and sworn to before me
this March 3,2017.
?&A JEANETTE SHIPSEY Assistant Secretary
Notary Public,State of New York
Notary Public No.02SH5074142
Qualified in Nassau County
Commission Expires March 101,2019
..........................
IpglpIL....,11II1I,1 IIIIUIIl161d 1,1,111 111-,1116 '.'AIIIIII'I,'d 11111...... nI AH................ III.....,.,.,,,JIIp IIJI„.,.,u„III I I I I wlulllwlw IumoulilJuuuue
Form 15-10-0313A(Rev.3/17)
Agreement No. 5384
LABOR AND MATERIALS BOND
POLICE STATION BASEMENT AC PROJECT
PROJECT NO.: PW 17-32
Bond No. 8245-68-29
Bond Fee: Included in Performance Bond
Siemens Industry Inc. as principal
("PRINCIPAL") and Federal Insurance Company
, a
corporation
incorporated under the laws of the State of Indiana 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 Forty-four
thousand,Nine hundred,ninety DOLLARS,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 POLICE STATION
BASEMENT AC PROJECT, SPECIFICATIONS NO. PW 17-32 ("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 17-32, 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 17-32), which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
I-F-1
Agreement No. 5384
equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used
in, on, for or about the performance of the Public Project, and will pay for all work and labor
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code (`SSMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 17-32, 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
Agreement No. 5384
SIGNED AND SEALED this 31st day of August 20 17
Angle Hemandez
PRI Cl "Al,'sm Isiness,Line FBA III SU1�1_1,1'Y'S P :XM'Attorney-In-Fact
u
T Brittany D.ClavA,-A itorney4n-Fact
mw*
PRINC U A�L's .7Gu� S U R 1-4 Y,S SWRWAWr
Witness
PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS:
15 Mountain View Rd
..
.......................__.........r
..................................
Warren,NJ 07059
...........................................
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. 5384
ACKNOWLEDGMENT BY CORPORATION
STATE OF IL
ss.
County of Lake .
On this 31st day of August , 2017 before me personally appeared Angie Hernandez
known to me to be the Manager Business Line FBA III
of Siemens Industry, Inc.,the corporation that executed the within instrument, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid
County,the day and year in this certificate first above written.
SealN..„,,,.w„„.
( ) Notary Public in the State of Illinois
'T"RY BµARB
Tr4T'k 0F 41NO ifi
Agreement No. 5384
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
City of St. Louis
On this 31 s t da of August 2017 before me personally
...... ............................ Y .____. P Y
Brittany D. Clavin
appeared ....................... , known to me to be the Attorney-in-Fact of
Federal Insurance Company
.........................
._...............www. ,the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.
i
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid
County,the day and year in this certificate first above written.
l
Sandra L. Ham
My Commission Expires: 01/18/2021 Notary Public in the State of Missouri
(Seal) County of St. Louis
_ Commission#121.50177
_SANDRA
Notary Public, Notary Seal
State of MNssoyd
A $11 LOUIS courity
g Comrw°fgssfort # 12450177
My 1:,j lros Jonuory 'I 0, 2021
S-0230/GEEF 2/98
l� mgnt Nn, S,-A844
IcChubb POWER Federal insurance Companyttn:� Surety Department
OF Vigilant Insurance Company 1S Mountain View Road
Surety ATTORNEY pacific indemnity Company Warren, NJ 07059
Know Ail by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a NeW York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Pamela A. Beelmaln, Cynthia L, Choren, Brittany D. Clavin, Joann R. Frank, Sandra L. Warn, Heidi A. Notheisen,
Daren L.Roider and Debra C,Schneider of 5t,Louis,Missouri------------------------------------_------------__
each as their true and lawful Attorney-in-Fant to execute under such designation in their names and to affix their corporate seats to and deliver for.and on their behalf as surety
thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bait bonds)given or executed In the course of business,and any
Instruments amending or altering the same,and consents to the modification or atterakdon of any instrument referred to in said bonds or obtSgations.
In witness Whereof,said FEDERAL INSURANCE COMANY',VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 1 day of March,201,6.
Dwvn M,Cilloros,Assistant Secretary Davi orris,Jr.,Vice Prep
•mow° �#w ♦ .��' M
STATE OF NEW JERSEY
as.
County of Somerset
On this 1" day of March, 2016 before me,a Notary Pubk of New Jersey,personalty came Dawn M.Chioros,to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing iPower of Attorney,and the
said Dawn M. Chloros, being by me duly sworn„ did depose and say that she is Asslstant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seats affixed to the foregoing Power of Attorney are such corporate seals
and were thereto affixed by authority of the By,Laws of said Companies;and that she signed sold Power of Attorney as Assistant Secretary of said Companies by like authority,
and that she is acquainted with David B.Norris,Jr.,and knows film to be Vice President of said Componles;and that the signature of David B.Norris,Jr.,subscribed to said
Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was"role subscribed by authority of said By-Laws and in deponent's presence.
Notarial Seal
KATHERINE J,AD LAAR
1 t T 'I' NOTARY PUBLIC OF NEW JERSEY
ra►er Na,231i 685
PUBLIC Commission Expires July 16,2019 notary Public
JECERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
"Except as otherwise provided In these By-Laws or by taw or as otherwise directed by the Board of'Directonl,the President or any Vice President shalt be authorized to
execute and dolver,in the name and on behalf of the Corporation,all agreements,bonds,contracts,deeds,mortgages,and other Instruments,either for the Corporation's
own account or in a fiduciary or other capacity,and the seal of the Corporation„If appropriate,shall be affixed thereto by any of such officers or the Secretary or an Assistant
Secretary. The Board of Directors,the President or any Vice Pres dent designated by the Board of Directors may authorize any other officer,employee or agent to execute
and deliver„ In the name and on behalf of the Corporation,agreements, bonds, contracts, deeds,mortgages,and other Instruments,either for the Corporation's own
account or in a fiduciary or other capacity,and,if appropriate„to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer may
be general or confined to specific Instances."
L Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companiesl
do hereby certify that
(1) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District or Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto
Rico,and each of the Provinces of Canada except Prince Edward Island;and
(lid) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this 31st day of Augu S t r 2017.
—
Dawn M,Chloros,Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS
LISTED ABOVE„OR BY TeaWl"one(806)903.3183 Pax(908)903-3655 kl suretyachlubb. m
Form 45-10-02258-U GEN CONSENT(rev.07-15)
-Art1rininmiIn
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31, 2016
(in thousands of dollars)
LIABILITIES
AND
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments................ $ (86,990) Outstanding Losses and Loss Expenses..... $ 11,482,308
United States Government,State and Unearned Premiums..................................... 2,723,875
Municipal Bonds.„..„..„..............:.....:.....„...„.. 8,135,311 Ceded Reinsurance Premiums Payable....... 566,868
Other Bonds.................................................. 5,471,330 Provision for Reinsurance..................,......... 29,339 I
I
Stocks.......
Invested Assets,................„... 1 130,689 Other Liabilities............................................ 1,144,976 1
,289,903
TOTAL INVESTMENTS ........ 14,940,243 TOTAL LIABILITIES.......„...„......„„...............„ 15,947,366
Investments in Affiliates:
Chubb Investment Holdings, Inc................ 3,727,406 Capital Stock................................................ 20,980
Pacific Indemnity Company........................ 2,926,619 Paid-In Surplus............................................. 3,106,809
Executive Risk Indemnity Inc...................... 1,250,965 Unassigned Funds.....,„......„..............„.......... 8,296,020
Great Northern Insurance Company.......... 504,162
Vigilant Insurance Company...............„...... 319,505
Chubb European Investment Holdings,SLIP. 277,361 SURPLUS TO POLICYHOLDERS.............. 11,423,809 I
Chubb Custom Insurance Company.......... 214,956
Chubb National Insurance Company......... 162,929
Chubb Indemnity Insurance Company....... 163,668 =_
Other Affiliates........... ..........................— 70,204
Premiums Receivable, .............................. 1,510,107
Other Assets................................................. 1,303,050
TOTAL LIABILITIES AND SURPLUS
TOTAL ADMITTED ASSETS...................... $ 27,371,175 TO POLICYHOLDERS............................. $ 27,371,175
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
At December 31,2016, investments with a carrying value of$565,702,495 were deposited with government authorities
as required by law.
State,County&City of New York, — ss:
Dawn M. Chloros,Assistant Secretary of the Federal Insurance Company
being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31,2016 is true and correct and is a true abstract of the Annual Statement of said
Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2016.
Subscribed and sworn to before me
this March 3, 2017.
NotaryPublic,JEANETTE
tate of SAssistant Secretary
NewYork................................._.......................... .....�....................................................................................
Notary Public No.02SH5074142
Qualified in Nassau County
Commission Expires March 10,2019
........... 111111NINOOYIN111111i N 11, 111111111111111111111111111 1 11 Ill 11110
Form 15-10-0313A(Rev.3/17)
Agreement No. 5384
N° 5389
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
y
Tmv Is To CzRTxr ,r,That,pursuant to the Insurance Code of the State of California,
Federal Insurance .Company
of Indianapolis, Indiana ,organized under the
laws of Indiana ,subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate,the following classes of insurance: FIRE, MARINE,
SURETY, DISABILITY, PLATE GLASS, LIABILITY, WORKERS' COMPENSATION,
COMMON CARRIER LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT,
SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE, AIRCRAFT and MISCELLANEOUS
as such classes are now or may hereafter be defined in the Insurance Lams of the State of California.
Trams CERTme&iE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all,and not in violation of any,of the applicable laws and lawful requirements
made under authority of the laws of the State of California as long as such laws or requirements are
in effect and applicable,and as such laws and requirements now are,or may hereafter be changed
or arreended.
IN WITNESs WamLbF,effective as of the ._15Nt.h _dui
Of October , 19__90-3 I have hereunto set
my hand and caused riiy official icial seal to be of ized this 15th_._
day of October .1890
,
By ��--�--��
IDBU
NOTICE-
qualification with The Secretary of Sete must beaccomplished as.requiredby the California Corporations Code
promptly aft e issuance of this Certificate of Authority.I"ailuxe to do so will be a violation of lwt Coda Sec.701
mud will be grounds for revoking this Certikate of Authority pursuant to the covenants made in the application
tbesefor and the coudidow conbLined herein.
FOxY C162 ea 04051
Agreement No. 5384
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS
0-0 SIANI)ARD SVF(1,HCX1 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 N(JN,11111.1I,kIWJOF � 'S
The numbering contained within the Standard Specifications of the Contract
Documents is intended to correspond with Greenbook numbering.
1-2 DEFINITIONS
The following subsection is added to Subsection 1-2 of the Greenbook,
1-2.1 1 [ONS
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.
PCC—California Public Contract Code.
Prompt-The briefest interval of time required for a considered reply, including
Agreement No. 5384
time required for approval of a governing body.
Public Works Director—The City's Public Works Director, or designee.
0 (Check ifapplicable) State Standard Specifications- State of California
Standard Specifications, dated July 1992. Business and Transportation Agency,
Department of Transportation
Working Days-A working day is defined as any day, except Saturdays, Sundays,
legal holidays and days when work is suspended by the Engineer,as provided in
Subsection 6-3 and days determined to be non-working in accordance with
Subsection 6-7, "Time of Completion."
1-3 A I I I l R I?�V-1-A-111.1 Q�N S
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
RISC American Institute of Steel Construction
APWA American Public Works Association
ASME American Society of Mechanical Engineers
IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
Green Book The most current edition of the Standard Specification for Public Works
Construction, and subsequent supplements prepared by Public Works
Standards, Inc.
WATCH Work Area Traffic Control Handbook
SPPWC Standard Plans for Public Works Construction by the American Public
Works Association
SSPWC Standard Specifications for Public Works Construction by the American
Public Works Association
ASA American Standard Association
CITY City of El Segundo
2-0 5( WORK
The following subsections 2-1.1 and 2-1.2 are added to the Greenbook.
2-1.1
Not later than the date designated in the City Notice to Proceed,the City will
provide access to the real property and facilities upon which the Work is to be
performed, including access to real property and facilities designated in the
Contract Documents for the Contractor's use.
I
2-1.2 OWNERSIMIANI) RACTDOCUMEN'I'Sl
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.
If-B-2
Agreement No. 5384
2-3 SUBCONTRACTS
Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced
with the following subsection.
2-3.1 GENERAL
Except as provided in PCC §§ 4 100 et. seq., each bidder will file with its bid the
name and location of the place of business of each Subcontractor who wi I I 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 I isted 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 caller a linding
reduced to writing as a public record of the City Council setting 161-th the facts
constituting the emergency or necessity.
Violation of any of the above provisions will be considered a breach of the
Contract, and the City may terminate the Contractor's control over the Work,
cancel the Contract,or assess the Contractor a penalty of not more than ten percent
of the subcontract involved.
All persons engaged in the work, including Subcontractors and their employees will
be considered as employees of the Contractor.The Contractor will be solely
responsible for and have control over construction means, methods, techniques,
sequences, procedures,and the coordination of all portions of the Work.The City
will deal directly with,and make all payments to,the prime Contractor.
When subcontracted work is not being prosecuted in a satisfactory manner, the
Contractor will be notified to take corrective action.The Engineer may report the
facts to the City Council. If the City Council so orders,and on receipt by the
Contractor of written instructions from the Engineer, the Subcontractor will be
removed immediately from the Work.That Subcontractor will not again be
employed on the Work.
11-B-3
.............
Agreement No. 5384
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
I the Contractors' State License Board which establishes that the individual or entity
Y bringing the action was duly licensed in the proper classification of Contractors at
all times during the performance ol'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 AIDDH 10'halA[,, R:A:.::: ,!)(:)NS.M..l.111,.rl N"
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.
24 (.'"t IN•l.lt r t"'C' 'I°lt''l*Il.tti
The following paragraph is added to Subsection 2-4 of the Greenbook.
The Faithful Performance Bond and the Labor and Materials Bond must be paid
and in effect for one year after the acceptance of the job by the City in accordance
with the guarantee required by Subsection 6-8.1.
2-5 I'l,,. ll, .�1Cif1 ..:"!'I :II',f(,„A`UIONS
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:
I. One as-built copy of the Plans and Specifications, in good order and marked
to record current changes and selections made during construction. As-built
plans must be submitted to the City representative for approval before the
City pays a final retention amount.
2. The current accepted Contract Schedule,
3. Shop Drawings, Product Data,and Samples.
4. Approved permits from other agencies, including Cal-OSHA permits for
trench shoring.
5. All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the Work. The
Contract Documents are intended to be complementary and cooperative and to describe and
provide for a complete project.Anything in the Specifications and not on the Plans,or on the
Plans and not in the Specifications,will be as though shown or mentioned in both.
11- -4
Agreement No. 5384
Payment for any items on the plans for which there is no specific bid item will be included
in the various items of work or in any item to which it is appurtenant.
If the Contractor performs any work which it knows or should know involves an error,
inconsistency, or omission without notifying and obtaining written consent from the
Engineer. the Contractor will be responsible for the resulting losses, including, without
limitation,the costs of correcting defective work.
5.2
I I R I C1,1)1 N i' Vf-.!
t!'4)N "AC I (A J N1 1,N,TS
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 A,-('('t oltht"Y,O''Ir".',AN'.r?.�N').-,S')""(""'('A""Ot-N'
Although it is believed that much of the information pertaining to conditions and
existing utilities that may affect the cost of the Work will be shown on the Plans or
indicated in the Specifications,the City does not warrant the completeness or
accuracy of such information.
The Contractor will carefully study and compare each of the Contract Documents
with the others and with information furnished by the City and will promptly report
in writing to the Engineer any errors, inconsistencies,or omissions in the Contract
Documents or inconsistencies with applicable law observed by the Contractor.
The Contractor will take Field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor before
commencing the Work. Errors, inconsistencies, or omissions discovered at any time
will be promptly reported in writing to the Engineer.
2-8 KI!QtIT-OF-WAY
The following subsection is added to Subsection 2-8 of the Greenbook.
2-8,1 ADDITIONAL WORK.AKJ,`,AS &N,,jjj A
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
11-13-5
.........................
Agreement No. 5384
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 SI).R V 1. ° S[;:B,Vf("J!
2-9.3.1 (A)NSERt cjj( .,_y t.IHVVYINO
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 thein and File appropriate documents with the
County of Los Angeles at the direction of the Engineer.
Computations,survey notes, and other data used to accomplish the work will be
neat, legible and accurate.Copies of all computations,survey notes,and other data
(electronic format may be required)will be furnished to the Engineer before
beginning work that requires their use.
2-93.2 NILAY JRFAII XTAN11) PAYMEN1'
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 jj,�\SIS 1 ()Jt 1 st AIU-ISHINO ('011,,'
Subsection 3-3.2.2.3, Tool and Equipment Rental is modified where the second and
third paragraphs are replaced with "Regardless of ownership, the rates to be used in
determining the equipment usage costs will not exceed those listed for the same or
similar equipment in the California State Department of Transportation publication
of Labor Surcharge and Equipment Rates effective for the period of usage."
3-3.2.3 MARK UP
Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following
subsection:
(a) Work by Contractor. The following percentages will be added to the Contractor's
costs and will constitute the markup for all overhead and profits.
11-B-6
Agreement No. 5384
ILabor......................................-............. 20
2) Materials................. .............. ............... 15
3) Equipment Rental................................... 15
4) Other Items and Expenditures................ 15
Uo the sum of the cards and umckups provided fOr in this subscvtimi, I 1wrc(mt will
he aIdded aS for hording. M`)other1"ornmla,e.g.,the Lichicay or other
Inefl,"O, may buy uscMd lo calcuLae daily damages, for unice overhead, profit,or other
purporled
(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
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 OAII�Y RF1l1(%FSBYQ —tID
,L 1 . 1.- --.—K . -' Ot�J��AY
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 A '.I..i A.N,.(I,i,t,"],�,,('1(.)IIN.t:).I.IJQN,fie
Subsection 3-4,Changed Conditions, is deleted in its entirety and replaced with the
following subsection:
If the Contractor encounters concealed or unknown conditions that differ materially
from those anticipated or expected ("changed conditions-), the Contractor will
immediately notify the Engineer in writing of such changed conditions (upon
discovery and before disturbing such changed conditions), as provided in
Subsection 6-11, so that the Engineer can determine if such conditions require
design details that differ from those design details shown in the Contract
Documents. Notwithstanding the time period set forth in Subsection 6-11.3, the
Contractor is liable to the City for any extra costs incurred as a result of the
Contractor's failure to promptly give such notice.
Changed conditions include,without limitation,the following:
1. Subsurface or latent physical conditions differing materially from
those represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature difTering
materially from those ordinarily encountered and generally
ll-B-7
Agreement No. 5384
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 § 25 117 that is required to be removed to a
Class 1, 11, or Ili 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:
I. The information is made available for the Bidders' convenience and
is not a part of the Contract.
2. The City has not determined the accuracy or completeness of such
information and all such information is made available to Bidders
without any representation or warranty by the City whatsoever as to
its accuracy,completeness,or relevancy.
1 Bidders will independently evaluate such information for their use and
will be solely responsible for use or interpretation 0fSUch information.
Any such use or interpretation will not be the basis of any claim
against the City.
3-5 DISPUTED WORK,
Subsection 3-5 is deleted in its entirety and replaced by the following subsection.
If the Contractor and the City do not reach agreement on disputed work, the City
may direct the Contractor to proceed with the work. Any payment for the disputed
work will be determined pursuant to the claims procedures in these Standard
Specifications. Although not to be construed as proceeding under extra work
provisions,the Contractor will keep and furnish records of disputed work as
required by the Contract Documents.
4-13 JNSJ)J� 'I L()N Rj,()(HR[-VFN:I'S
Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by
the following subsections.
4-1.3.1 GEMRAL
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
H-B-8
------- -----
Agreement NO. 5384
producer, certifying compliance with the Contract documents will be submitted for
all of the following materials: steel pipe, sizes less than 10 inches. vitrified clay
pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced
�
concrete pipe, and PVC sewer and water pipe; eubject to sampling and testing hv
City. '
�i�
Sumdnnj items ofequipment, such uoelectric motors, conveyors, plumbing fittings
and fixtures, lumber, p|yvvood, and so on, are muhiot to inspection u1ihc 'mb site.
All other equipment i1cnmm will be inspected and 1cylcd in accordance with the
Contract documents.
The City does not provide Om|l 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 ofnormal working hours and days, including holidays,
will be at the Contractor's cost utrates established bythe City.
4-1�6 'rR/\D{ _NANIJ�S (NR FQMA/.S
Whenever any moteria|, pnoduct, equipment, or service is specified by brand, trade,
or proprietary name, the item so specified will be deemed to be followed by the
words "or equal".
For the City's consideration of a proposed "equal" item, the Bidder must submit, a �
minimum o[ten (l0)calendar days before the date ofthe bid opening,
documentation of the particulars ofthe proposed "equal item". /\tuminimum, the
submitted documentation will include:
w Written request with explanation n[why the product should beconsidered os
unequal product.
• Material specifications.
• Technical specifications. U
=
Test data. ^
�
Samples.
�
Comparison chart o[key specifications nfthe "equal" item against similar
specifications ofthe specified item.
�
Work locations and reference telephone numbers of at least three(3) locations
vvhenn the proposed ''cqum|" item has been recently installed tinder similar
conditions.
�
Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal"
product is acceptable to the City five(5)calendar days before the date of the bid `
opening. Failure hmSubmit all required documentation and/or submittal of �
incomplete documents may result inthe City's rejectionofthe proposed "equa|" �
product without further consideration. |
5-2 PROTECTION N
N
D-0-9 ^
�
�
Agreement No. 5384
The following subsection is added to Subsection 5-2 of the Greenbook.
5-2,1 IN!"'()R R I S .I.`..1.l.)t;A
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.
5-4 RE'LOCATION
The following subsection is added to Subsection 5-4 of the Greenbook.
54J RLSPON,S
RJ1vI()V1%L OR 1,FIA)CA
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 DF."LAYS
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 prof-it.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 CA 1; 1,A H N(i I I)1,F 'H M F
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 mCI1J. 'I Ut 'TION S�J�!f`Q
WORK
Section 6-1,Construction Schedule and Commencement of Work, is deleted in its
entirety and replaced by the following subsections.
1)1�c-Constructi i-N4 _ng_
II-B-10
Agreement No. 5384
A fwr("ontract award, the City will arrange for a pi-c-construction meeting to
discuss the construclion ofthe project. City will invite utility agencies and the
Contractor will arrange for all of its Subcontractors to attend the meeting.
Aller 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 filleen (15)calendar days of award.
0-1,2 ITX[.00
The Contract Schedule, and any updated Contract Schedule, will meet the
following requirements:
I. Schedules must be suitable for monitoring progress of the Work.
2. Schedules must provide necessary data about the time tier the
Engineer's decisions,
3. Schedule,, must be sufficiently detailed to demonstrate adequate
planning for the Work.
4. Schedules must represent a practical plan to complete the Work within
the Contract Time.
5. Schedules Must show the critical path method for completing the
Work.
The Engineer's review of the form and general content of the Contract Schedule
and any updated Contract Schedules is only for the purpose of determining if the
listed requirements are satisfied, nothing more.
6-1.3 R 1,]"I`* "L �.A
(A) , C( N I U1..:SCI IFDI ILL
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
......... ......
Agreement No. 5384
far and progress of the Work and the delivery of equipment, will coordinate and
integrate such information and data into updated Contract Schedules, and will
monitor the progress of the Work and the delivery of equipment.The Contractor
will act as the expeditor of potential and actual delays, interruptions, hindrances,or
disruptions for its own forces and those forces of Subcontractors.The Contractor
will cooperate with the Engineer in developing the Contract Schedule and updated
Contract Schedules.
The Engineer's review and comments about any schedule or scheduling data will
not relieve the Contractor From its sole responsibility to plan for, perform,and
complete the Work within the Contract Time. Review and comments about any
schedule will not transfer responsibility for any schedule to the Engineer or the City
nor imply their agreement with (1) any assumption upon which such schedule is
based or(2) any matter underlying or contained in such schedule.
The Engineer's failure to discover errors or omissions in schedules that have been
reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others
are behind schedule, or to direct or enforce procedures for complying with the
Contract Schedule will not relieve the Contractor from its sole responsibility to
perform and complete the Work within the Contract Time and will not be a cause
for an adjustment of the Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently accepted
Contract Schedule.
0-1.4
The ContractTime will commence when the City issues a Notice to Procced.The
Work will start on the date specified in the Notice to Proceed and within a
maximum of fifteen(15)calendar days after the date of the Notice to Proceed, and
be diligently prosecuted to completion with the time provided in the Specifications.
6-4 1) 1 -J—d—I.— -!
F��N ;11, 'i Y �' )NTR A
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 ordelivery of
material,to execute the Work in the manner and at such locations as specified, or
fail to maintain the Work schedule(as determined by the current accepted Contract
Schedule) which will ensure the City's interest, or if the Contractor is not carrying
out the intent of the Contract,the City may serve written notice upon the Contractor
and the Surety on its Faithful Performance Bond demanding satisfactory
compliance with the Contract.
6-4.2 fElWINI/Vt I�W IF WOk-K,
The City may terminate the Contractor's control over the Work without liability for
H-13-12
Agreement No. 5384
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 ol'the Work
without the City's consent. Should such termination occur, the Contractor will be
paid the actual amount due based on Contract Unit Prices or lump sums bid and the
quantity and quality of the Work completed at the time of termination, less damages
caused to the City by the Contractor's action or inaction.
In the event of such termination of control, the City may do any one, or
combination of, the following:
I 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;
1 The City may perform the Work itself and deduct the cost thereof from
any payment due to the Contractor;
1 The City may replace the Contractor with a different Contractor to
completc the work and deduct the cost thereof from any payment due to
1he 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 SURJI YS_M_,�NNjjl JQN.01, CON
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
6-6 DF,I
Subsection 6-6 is deleted in its entirety and replaced with the following subsections.
11-B-13
Agreement No. 5384
6-6.1 GENERAL
If delays are caused by unforeseen events beyond the control of the Contractor,
such deiays 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
ofthe 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 etfect 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 1'X'`M 1 l VQR
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.
6-6.4M1RITJT,,N NO110E ND REPOWY
A
If the Contractor desires payment for a delay or an extension of time, it will give
the Engineer written notice of such request not later than the time limit set forth in
the Proposal for submitting a claim after the event or occurrence giving rise to a
delay claim. Failure to submit a written request within such amount of time will
result in the Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by the
"Claims"sections of these Specifications.
II-B-14
Agreement No. 5384
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 OA'a,SA,N)) %'()R—KJ1,N.(J)1()URS1
City Ball is open from Monday thru Thursday 7arn -bpm. It is closed every Friday
and the following holidays:
New Year's Day - Monday,January 2,2017
Martin Luther King,Jr. Day - Monday,January 16,2017
President's Day - Monday, February 20, 2017
Memorial Day - Monday, May 29, 2017
Independence Day - Tuesday,July 4, 2017
Labor Day - Monday, September 4, 2017
Veterans' Day - Saturday,November 11, 2017
Thanksgiving - Thursday,November 23, 2017
Christmas Eve - Sunday, December 24, 2017
Christmas - Monday,December 25,2017
New Year's Elve - Sunday, December 31,2017
Working on Fridays when City Hall is closed is acceptable. If the Contractor,
however, requests an inspection a day when City Hall is closed, then the Contractor
will have to reimburse the City for the costs of inspection.The Contractor must
request such an inspection at least 48 hours in advance.City inspections during
hours when City Hall is closed are subject to inspection overtime fees to be paid for
by the Contractor. Friday work that does not require inspection can be done without
an inspection fee and must be discussed with City staff before its occurrence. If the
Contractor does construction on a Friday or a day when City Hall is closed, that day
is counted as a project working day.
On workdays, Contractor's activities will be confined to the hours between 7:00
a.m. and 4:00 p.m.
Please see Section 6-7.5 below for weekend and holiday work restrictions.
6-7.4 NIGHTWORK
The following paragraph is added to Section 6-7 of the Greenbook:
The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the
following day unless specifically provided for in the bid documents or unless the
Contractor receives prior written approval.
6-7.5 WJ;JJK-&', NPILQU Y-AQJ.L
The Engineer may, but is not required to,allow the Contractor to work on
Saturdays, Sundays and City Holidays.
H- —1S
..........
Agreement No. 5384
6-8 (I)NINV1 11()N AND
Subsection 6-8 ofthe Greenbook is deleted in its entirety and replaced by the
following:
The Work will he 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 I 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 (m.1 MAA I- (M A R A NTY
rhe 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 -1('?.t!!,Q�TE 1)..1)' N1 A G I�S
Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and
replaced by the following subsections.
6-9.1 FAIIJ)RI-J"O COMPLETEWORK ONTIME
If all the work called for under the Contract is not completed before or upon the
expiration of the Contract Time, the City will sustain damage. Since it is and will be
impracticable to determine the actual damage which the City will sustain in the
event of and by reason of such delay, it is therefore agreed that the Contractor will
pay to the City the sum specified in the Proposal for each and every calendar day
beyond the time prescribed to complete the work not as a penalty, but as a
predetermined liquidated damage.The Contractor agrees to pay such liquidated
damages as are herein provided, and in case the same are not paid, agrees that the
City may deduct the amount thereof from any money due or that may become due
to the Contractor under the Contract.
Unless otherwise specified, liquidated damages will be$250 per calendar day.
6-11 I)ISPU rES 1)(,J,A!MS,,MOKADI IRF"
II-B-16
Agreement NO. 5384
6-11.1 GENERAL
Consistent with ["CC § |0240.6,^Claim~ means uwritten demand or assertion by
the Contractor that seeks an adjustment or interpretation o[the terms ofthe
Contract Documents. payment ofmoney, extension ofdmr, orother oe|ic[vvitb
respect to the Contract Documents. including odetermination *[disputes ormatters
in question between the City and the Contractor arising out o[orrelated to the
Contract Documents orthe performance ofthe Work, and claims alleging an
unforeseen condition oromact, error, nromission bvthe City, the Engineer, their
agents or employees. "Claim"does not mean, and the Claims procedures herein do
not apply, to the following:
I. Claims respecting penalties for forfeitures prescribed by statute or
regulations, which ugovernment agency iaspecifically authorized &m
administer, settle, or determine.
2. Claims roypeoduA personal injury, death, reimburucmunt, or other
compensation arising out oforresulting from liability for personal
injury or death.
3. Claims respecting latent defect, breach of warranty, or guarantee to
repair.
4. Claims respecting stop notices.
If Claim is Subject to the Change Order procedures, the C1uioo miyoo upon the
ioauono: ofawritten final decision denying in whole or in part the Contractor's
Change Order Request. /{uClaim 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 /W|owing:
' |. A statement that it is o Claim and m request for mdecision.
2. A detailed description of the act, error, omission, unforeseen
condition, event orother condition giving rise to the Claim.
1 If the Claim is subject to the Change Order procedures, a statement
demonstrating that aChange Order Request was timely submitted and
denied.
4. /\ detailed justification for any remedy orrelief sought bythe Claim,
including 10the extent applicable,the fb|\nvviug:
!
a) If the Claim involves extra work, a6etaUed cost breakdown claimed. The |
breakdown must be provided even if the costs claimed have not been /
incurred when the Claim iasubmitted.
N
N
6) To the extent costs have been incurred when the Claim iasubmitted, the
Claim must include actual cost rcxom6m (including, without limitation,
D-8'17
Agreement No. 5384
payroll records, material and rental invoices) demonstrating that costs
claimed have actually been incurred,
C) To the extent costs have not yet been incurred at the time the Claim is
submitted,actual cost records must be submitted on a current basis not less
than once a week during any periods costs are incurred. A cost record will
be considered current if submitted within seven(7)calendar days of the date
the cost reflected in the record is incurred.At the Engineer's request,claimed
extra costs may be subject to further verification procedures(such as having
an inspector verify the performance of alleged extra work on a daily basis),
5. if the Claim involves an error or omission in the Contract Documents:
a) An affirmative representation that the error or omission was not discovered
before submitting a bid for the Contract;and
b) A detailed statement demonstrating that the error or omission reasonably
should not have been discovered by the Contractor, its Subcontractors and
suppliers, before submitting a bid for the Contract.
6, If the Claim involves an extension of the Contract Time, written documentation
dernow;trating the Contractor's entitlement to a time extension.
T If the Claim involves an adjustment of the Contract Sum for delay, written
documentation demonstrating the Contractor's entitlement to such an adjustment.
8. A personal certification from the Contractor that reads as follows:
-1, BEING THE __(MUST(MUST BE AN OFFICER)OF
(CONTRACTOR NAME), DECLARE UNDER PENALTY
OF PERJURY UNDER CALIFORNIA LAW,AND DO PERSONALLY CERTIFY
AND ATTEST THAI' [ HAVE THOROUGHLY REVIEWED THE ATTACHED
CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME,
AND KNOW ITS CONTENTS,AND SAID CLAIM IS MADE IN GOOD FAITH;
THF 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 FINGINEX
A
Within thirty(30) calendar days after the circumstances giving rise to a Claim
occur, the Contractor will submit its Claim to the Engineer for a decision.
Regardless of any Claim submittal, or any dispute regarding a Claim, unless
otherwise directed by the Engineer, the Contractor will not cause any delay,
cessation, or termination of the Work, but will diligently proceed with the
performing the Work in accordance with the Contract Documents. Except as
otherwise provided, the City will continue to make payments in accordance with the
Contract Documents.
11-13-18
Agreement No. 5384
6-11.4
The Contractor certifies that it is familiar with PCC § 10240.2 and understands and
iigrvcs that submining a Claim in accordance with these Specifications is all express
condii ion prc�.:edcnt to thc ColltrriCtor's right to otherwise pursue a claim whether
throu,-h 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.
6-1 1.5 NJ' 2— (TAIN,I—,.n,I�—I I I
N IS
The LIngineer will promptly review Claims submitted by the Contractor in
accordance with these Specifications. Should the Engineer require additional
supporting evidence to evaluate the claim,the Engineer will request such additional
information in writing. Any such requested data will be furnished not later than ten
(10)calendar days after the Contractor receives the Engineer's request.
The Engineer will render a decision not later than thirty(30)days after either
receiving the Claim or the deadline for furnishing additional supporting data,
whichever is later. If the Claim amount is more than $50,000, the time period will
be extended to sixty (60) days. If the Engineer fails to render a decision within the
time period established herein, then the Claim will be deemed denied.The
Engineer's decision will be final and binding unless appealed in accordance with
these Specifications.
The Engineer's decision on a Claim will include a statement substantially as
follows;
"This is a decision pursuant to the General Specifications of your Contract. If you
are dissatisfied with the decision, and have complied with the procedural
requirements for asserting claims, you may have the right to alternative dispute
resolution or litigation. Should you fail to take appropriate action within thirty(30)
calendar days of the date of this decision,the decision will become filial and
binding and not subject to further appeal."
6-11.6 R'S [)F(ISION
Should the Contractor dispute the Engineer's decision,then the Contractor must
appeal that decision to the City's Public Works Director within thirty(30)calendar
days of receiving the Engineer's decision.
The Public Works Director will address disputes or claims within thirty(30)
calendar days after receiving such request and all necessary supporting data.The
Public Works Director's decision on the dispute or claim will be the City's final
decision.
If the Contractor disputes the Public Works Director's decision,then the Contractor
must demand alternative dispute resolution in accordance with this Section and the
11-B-19
Agreement No. 5384
PCC within thirty (30)calendar days of the City's final decision.
6-11.7 W-DIATION
If the City and the Contractor agree, disputes between the parties may be submitted
to non-binding mediation. If the parties cannot agree to an alternative form of
mediation,then mediation will be administered by the American Arbitration
Association ("'AAA")under its Construction Industry Mediation Rules, unless the
use of such rules are waived by mutual stipulation of"both parties.
The parties may, but are not required to be,represented by counsel in mediation.
The requirement for mediation will not alter or modify the time limitations
otherwise provided for claims and no conduct or settlement negotiation during
mediation will be considered a waiver of the City's right to assert that claim
procedures were not followed.
6-11.8 ARBITRATION
If the City and Contractor do not agree to mediation, then a disputes will be
submitted to neutral non-binding(except as provided herein) arbitration. Arbitration
will be conducted in accordance with PCC § 10240.3. Any decision rendered by an
arbitrator will be consistent with PCC § 10240,8.
The exclusive venue for any arbitration will be in Los Angeles County.
The expenses and fees of the arbitrators and the administrative fees, if any, will be
divided among the parties equally. Each party will pay its own counsel fees, witness
fees,and other expenses incurred for its own benefit.
6-11.9 "'111� 1( 1 1
E�1'J�J( �N HFCOMFS ItINItlNG
The decision rendered by the arbitrator will become binding upon the parties unless
appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12
within thirty(30)calendar days of the decision. If subsequent litigation results in an
award to the party appealing the arbitration that is less than or equal to that of the
arbitration decision,or if the litigation results in a decision in favor of the
nonappealing party, then the party appealing the arbitration will pay the
nonappealing party's attorney's fees and court costs.
6-11.10
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
11-B-20
Agreement No. 5384
AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE
CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF
THESE CONTRACTI)OCUMENTS, INCLUDING CLAIMS FOR BREACH OF
CONTRACT OR ISSUES OF 13AFAITH DECIDED IN ACCORDANCE. WITI I
THIS SECTION 6-11. BOTHTHE CITY AND THE CONTRACTOR WAIVE
THEIR IGT TT A JURY TRIAL FOR THESE DISPUTES OR ISSUES.
6-11.11 A I i NIS-,1'Jt1(1)(11'1,SS
Claims made by a Contractor for one or more of the following are subject to the
claim resolution process set forth in Public Contract Code section 9204:
(A) A time extension, including, without limitation, lbr relief from damages or
penalties for delay assessed by the city under a contract for a public works
project.
(B) Payment by the city or money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project
and payment for which is not otherwise expressly provided or to which the
claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the city.
7-2 LARQR
The following subsections are added to Subsection 7-2 of the Grcenbook,
7-2.3
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 them wages. One source that may be used is the
California Department of Industrial Relations website which is currently located at
www.dir.ca,gov,or by calling the Prevailing Wage Unit at(415) 703-4774.
Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the
employment of apprentices by the Contractor or any Subcontractor,
Labor Code § 1777.5 requires the Contractor or Subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the Public Works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
will also fix the ratio of apprentices to journeymen that will be used in the
performance of the Contract.The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
a) When employment in the area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the ninety(90)calendar days before the request
for certificate,or
11-B-21
Agreement No. 5384
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 it'
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 RFCORD 01' WAGI�S I'M[): INSP14,'l ION
..........
Every Contractor and Subcontractor will keep an accurate certified payroll records
showing the name, occupation, and the actual per them 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 Friforcement. if requested by the City, the Contractor will
provide copies of the records at its cost.
7-3 1�JAJMJI'Y INS( R� AN(T
Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and
replaced by the following Subsections,
7-3.1 GENERAL
Contractor must procure and maintain for the duration of the Contract the following
insurance coverages and limits against claims for injuries to persons or damage to
property that may arise from or in connection with the performance of the work
covered by this agreement by the Contractor, its agents, representatives, employees
or Subcontractors:
COVERAGE PER ISO FORM COMBINED
OCCURRENCE SINGLE
LIMIT
Comprehensive General Liability CL 00 02 01 85 or 88 $2,000,000
Business Auto CA 00 01 01 87 $1,000,000
Workers' Compensation Statutory
1 -B-22
Agreement No. 5384
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.
111,011i'liliercial, Gelleral Liability Insurance or other limn with a 1.,-,eneral aggregate
Holil is, ao-sed, th(: policy will be endorsed such that 1hegencral agq!,regatc hinit Avill
applyseparalely 1(,!i This Contract and a copy of the endorscinent provided lo the
Citv.
I
Liability policies will contain, or be endorsed to contain the following provisions:
GENERAL LIABIUTY 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 officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City,
Any failure to comply with reporting provisions of the policies will not affect
coverage provided to the City, its officers, officials, employees, agents and
volunteers,
The Contractor's insurance will apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
WORKER'S COMPENSATION;
The insurer will agree to waive all rights of subrogation against the City, its
officers,officials, employees and volunteers for losses arising from work performed
by the Contractor for the City.
ALL COVERAGES:
Each insurance policy required by this subsection will be endorsed to state that
coverage will not be suspended, voided, cancelled by either party, reduced in
Il- -23
Agreement No. 5384
Ct)sre1qtg,e or in limits except after thirty (30)calendar days written notice by
certified mail, return receipt requested, has been given to:
CITY CLE`RK
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 ofinsurance should the
Contract'['line 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 11 85, or equivalent. Certificate/endorsement for Workers
Compensation Insurance will be furnished on State Comp Fund or other industry
standard form. Except for worker's compensation insurance,all insurance required
herein will be placed with insurers with a Best's Rating of not less than A:Vll.
Worker's compensation insurance policies will meet the requirements of'Calif*ornia
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.
Ili
If-B-24
..........
Agreement No. 5384
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).
3,2 INDIAINIFI(,';rN1 I(I)NA'ND
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 Fl Segundo, its officers, employees, and agents, from and against any and
all claims, losses, damage, expenses and liability of every kind, nature, and
description, directly or indirectly arising from the performance of the Contract or
work, regardless of responsibility for negligence, and from any and all clairns,
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
11-B-25
Agreement No. 5384
in any respect relieve the Contractor or anyone else from any legal responsibility,
obligation or liability he might otherwise have.
75 PERMITS
The following paragraph will be added to Subsection 7-5 of Greenbook:
1,11C Contract4,r will apply I"Or permits required by the City, Hiesc permits wiN be
issuck] oll a -1lo-Ice" hasis, I lowever, the Cowractor must pay Icor and obtain all
other penilits front other poverinnental and (Itilityagencies nccessitated 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 wil I 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 Clj ANtJ,' AN') CONTkol,
Subsection 7-8.1,Cleanup and Dust Control, of the Oreenbook is deleted in its
entirety and replaced by the following subsections.
7-8.1.1 !aliN 'RAI,
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 MiniMUrn of once daily.
7-8.1.2 WATERING
Water for dust control caused by Contractor's operations or the passage of traffic
through the work will be applied as necessary or as directed by the Engineer. Water
for the above or other purposes may be obtained from any approved source. If the
Contractor chooses to use a City fire hydrant upon placing deposits and fees as
described in this Contract,the Engineer will cause a meter to be installed. All water
used from the hydrant will be metered and charged to the Contractor at the
prevailing rate plus the current daily meter rental rate. The Contractor will be
charged a$15 reconnect fee if the Contractor wishes to move the meter to a
different hydrant. Costs of water to be used will be included in the cost of various
bid items.
7-8.6
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
11-13-26
Agreement No. 5384
drain system.
(b) Temporary sediment filtering systems such as sandbags,silt fiences,or gravel berms
will be utilized to trap sediment so tiNa only filtered water enters the City's storm
drain system. Proper k�lcan up ami di�q)osal of settled sediment and the filtering
system will be the responsibility
M Discharge of concrete transit mixer wash water on to approved dirt areas
area designated fior new concrete construction for example)is acceptable.
Disc haqc 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.
M Excavated soil stored on the site will be covered in a manner that minimizes
the amount of sediments running into the storm drain system, street or adjoining
properties.
(f) No washing of construction or other industrial vehicles and equipment will
be allowed adjacent to a construction site. During the rainy season (October 15 to
April 15),Contractor will keep at the construction site sufficient materials and labor
to install temporary sediment filtering systems and other water pollution prevention
control measures. These control measures will be in place and maintained by the
Contractor on a daily basis on days when construction is not in progress due to rain,
(h) All costs associated with water pollution control will be home 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 11RQ It I ON AM) "',S]MA""ON N INIMMVV'rvl[�.NJ_S
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
The following requirement is added to Section 7-10:
Unless otherwise specified all traffic control will be performed in accordance with
the or Area Traffic Control Handbook(WATCH) Latest Edition,published by
Building News.
7-10.1 TRAFFIC AND ACCESS-
11-13-27
Agreement No. 5384
The Contractor will notify the occupants of all aifected properties at least 48 hours
before any temporary obstruction of access. Vehicular access to property line will
be maintained except as required for construction for a reasonable period of time.
No overnight closure of any driveway will be allowed except as pen-nitted by the
Engineer.
At least one(1)twelve(12) foot wide traffic lane will be provided for each
direction of travel on all streets at all times except as permitted by the Engineer.
The traffic lanes will be maintained on pavement, and will remain unobstructed. All
work requiring that a lane be closed or a lane moved right or left will be noticed to
the traveling public by use of City approved lighted arrow boards.
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 of the WATCI I
Manual and lights will be"Type A per Section 7-6 of the"Work Area Traffic
Control Handbook"(WATCH).
7-10.2 SJ S, 13, I(IZICADES
Street closures will not be allowed except as specifically permitted by the F'rigineer.
The Contractor will prepare any traffic control or detour plans that may be required
as directed by the Engineer. Lane transitions will not be sharper than a taper of
thirty (30)to one(1).
Temporary traffic channelization will be accomplished with barricades or
delineators.Temporary striping will not be allowed unless specifically permitted by
the Engineer.The Contractor will prepare any plans that may be required for
temporary striping to the satisfaction of the Engineer. In no event will temporary
striping be allowed on finish pavement surfaces,which are to remain.
Where access to driveway or street crossings need to be maintained, minimum 1 1/4
inch thick steel plating will be used to bridge the trench. All steel plating will have
temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross
comfortably over the plates and have a non-skid surface. Plates subject to vehicle
high traffic speeds and in residential areas will be secured by welding at the
discretion of the Engineer.
7-10.5 11R(
11-B-28
Agreement NO. 5384
It is part of the service required ofthe Contractor to make whatever provisions are
necessary 10protect the public. The Contractor wi|| use |hn:siAbt and vvi|| take muuh
steps and precautions uyhis operations warrant boprotect the public from danger,
loss nflife orloss ofproperty, which would result from interruption or
contamination of public water supply, interruption of other public service, or from
the b*i|umc o[partly completed work or partially removed faci|idum. Unusual
conditions may arise onthe Project vvhiohv/iUro4uirothutirumucdio1eondunuouu|
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 Linder this
Contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the
Contractor has not taken sufficient precaution for the public safety, protection of
utilities and protection ofadjacent structures orproperty, which may be damaged
hYthe Contractor's operations and when, [nthe opinion o[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 vvn,k to be done and material to be furnished as, in
the opinion oFthe Engineer, may seem reasonable and necessary.
The cun1 and expense of said labor and material, together with the cost and expense '
of such repairs amare deemed necessary, will be borne bvthe 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-�5 11,A,ZAl �) ]�US Nt&,LIJOAl�
The following Subsection will bcadded hmSection 7ofthe C}reenbook: '
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, inwriting, of1)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 1, Class 11, or Class I I I disposal site in accordance with
provisions of existing luvv. 2) oubuur8uon or latent physical conditions at the site
differing from those indicated, or3) unknown physical conditions ut the site ofany
unusual nature, different materially from those ordinarily encountered and generally `
recognized as inherent inwork ofthe 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 oFSubsection 3-4(Changed Conditions)of the
Greenbonk. �
�
U-B'29 |
Agreement No. 5384
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 Fnginetr determines 1hat material called to the Engineer's attention by the
Contractor is hazardons waste, or if the Engineer otherwise discovers the existence
ofha/ardolls wasle. 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 or
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
CM11pens,wion liar all costs 1,60- labor, ctitiipment, materials and plant necessary to
Itirnish, constrilet aisd install the lunip sumi item of work,complete, in place,and for
all necesw�lry appuriclutsit work-, including. blot not limited to, all necessary cutting,
palching, repairand illodilicition ofc.,;isting 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 surn.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 surn work.
- . I!Aj. ANO
1.J !'S
The text of Subsection 9-3.2 of the Standard Specifications is deleted and replaced
with the following:
The closure date for the purpose of making partial progress payments will be the
last working day of each month.The Contractor will prepare the partial payment
invoice with measurement of the work performed through the closure date and
submit it to the CITY for approval.
When work is complete,the Contractor will deten-nine the final quantities of the
work performed and prepare the final progress payment,and submit it to the
Engineer for approval.
11-B-30
Agreement No. 5384
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 riled Stop Payment Notices against the
Contractor. In addition, the final progress payment will not be released until the
Contractor returns the control set of Plans and Specifications showing the as-built
conditions.
The ftill five percent(5%) retention will be deducted from all progress payments.
The Contractor will make a payment request for the retained amount,for approval
by the City, upon field acceptance of the work by the City Engineer.The City
Engineer upon field acceptance and receipt of the final as-built plans and any other
reports or documents required to be provided by the Contractor will process a
recommendation to the City Council for acceptance of the work. Not less than
thirty-five(35)calendar days from the City Council acceptance of the work, the
Contractor's final payment will be made provided Stop Payment Notices or other
claims have not been filed against the Contractor and/or the City by material
suppliers, Subcontractors, 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,
11-B-31
.............
Agreement No. 5384
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.
9-3.3 I-)IT6VJ1.'.IRI1.t) NIA'IT"WALS
Materials and equipment delivered or stored, but not incorporated into the work,
will not be approved for progress payments.
100-1 11 RMINA 1'1(,')N AGENCY 1AAMITI N:
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 ineinber of the City (I ouncil and their agencies, from all claims and liability to
the Contractor 16ranything done or flurnished for, or relating to, the work or for any
act ol'nc�.!Iccl ofthe t'ily ofany person rclating 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 -
Il- - 2
Agreement No. 5384
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
POLICE STATION BASE MENTAC PROJECT
PROJECT O. PW 17-32
Company Name: 6`4,` A V'AY
I,: I I-"i
To be awarded this contract, the successful bidder must procure and maintain the following types or
insurance with coverage limits complying,at a minimum, with the limits set forth below:
Type of Insurance Limits
,
Commercial general liability: $2000,000
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 far 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 I (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"AMI." Cettificate(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."
�/30/1 ............
Date Bidder's Signature
Dir I r
Directr"I of Finance
............
�I Agreement No. 5384
u Ile. til
Exclusions:
• City plan check fees, permits fees or engineered drawings
• Overtime Labor
• Asbestos abatement or encapsulation
• Motor, electrical wire
• Existing pipe or duct insulation
• Painting or patching
• Any existing equipment performance shortfalls or issues
Siemens Industry, Inc. price for performing the work above is........ $44,990.00
If any additional labor or materials are required above and beyond the outlined scope of
service, additional charges may apply. You will be informed prior to the commencement
of any such services. This proposal is based on straight time labor. The proposed price
does not include the replacement of any part not specifically listed in the above scope of
service. This price is firm for thirty days.
In order to execute the proposed work, please complete the information below. If I may
be of any assistance, please feel free to contact me at (714) 227-1615. Your active
consideration of Siemens Industry, Inc. service is greatly appreciated.
Respectfully submitted,
7
Tom Murray
Siemens Industry, Inc.
Cell: 714-227-1615
Fax: 866-457-9805
tl, I i° J,,I''Iiio `l' .,ill
E-mail: �'.;rr������. �°r A�
ACCEPTED BY:. DATE:
TITLE: P.O. :
Siemens Industry,Inc.
6141 Katella Ave
Cypress,Ca.90630
Direct 714.227-1615
Agreement No. 5384
I ( ,
July 10, 2017
City of EI Segundo
346 Main Street
EI Segundo, CA 90245
Attention:Jorge Prado
Subject: Police Department Basement Condensing and Evaporator Coil Replacement
Siemens Industry Inc. The scope of this proposal encompasses the installation of field
components as described below.
We recently were called to check out this failing system. We found this system has been
failing on hi condenser pressure for some time. Upon further inspection the existing
condensing unit is past its useful life. We are proposing a new condenser with an
alternative refrigerant other than R-22 and new evaporator coils for the air handler.
Being that R-22 is no longer manufactured, the price for this refrigerant is no longer
economical to use. The pricing below will include OEM materials, shipping, handling and
applicable taxes.
Scope of Work
• Procure new 20 ton Carrier Condensing Unit with copper fins and copper tubes
• Reclaim and dispose of the existing refrigerant from system
• Demo all related refrigeration piping and coils
• Crane rig steel grate from over condenser location
• Isolate sprinkler line above condenser and remove piping
• Rig old condenser from location and dispose
• Rig old evaporator coils from air handler
• Inspect condensate pans once coils are removed, if the pans need to be replaced
Siemens will price new pans at this time
• Rig new coils into air handler
• Rig new condenser into basement area
• Reconnect existing electrical and control wiring back to point of connection
• Install new suction and liquid line piping for (2) 10 ton circuits from condenser to
new evaporators '
•, Provide new site glasses, solenoid valves with coils and liquid line driers
• Pressure test entire system
• Evacuate both circuits
• Charge system with new 410a refrigerant
• Provide pipe insulation
• Check operations
• Clean all project related materials from site
• Review complete work with site personnel
Siemens Industry,Inc.
6141 Katella Ave
Cypress,Ca.90630
Direct 714-227-1615 -