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CONTRACT 5559 Public Works Contract CLOSEDAgreement No. 5559 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND RAMONA, INC. STORM DRAIN PIPE ABANDONMENT PROJECT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 This CONTRACT is entered into this 25th day of June, 2018, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and Ramona, Inc. ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the Contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed ONE HUNDRED SIXTEEN THOUSAND AND ONE HUNDRED FIFTY Dollars ($1 i�0) which includes the original bid amount of $101,000.00 as well as a 15% contingency amount, which may or may not be used, of $15,150.00 for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. I -D-1 Agreement No. 5559 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within thirty (30) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this Contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits I -D-2 Agreement No. 5559 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 CjjX Lifan Xu City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 (310) 524-2368 The Contractor Mlade Grbavac Ramona, Inc. 5029 Bleecker St., Suite 200 Baldwin Park, CA 91706 (626) 355-1350 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the I -D-3 Agreement No. 5559 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. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. I -D-4 CITY OF 1 SE U DO Greg Cair term City Man er ATTEST: Tt a Wee cr, City Clerk APPROVED AS TO FORM: MARK D.1 I1; NPEY, City Attorney By: David H. King, Assistant City Attorney Insurance Reviewed by. Agreement No. 5559 Michael Grbavac, Vice President Ramona, Inc. Taxpayer ID No. 73-1712201 Contractor State License No.: 850299 Contractor City Business License No.: 37266 I -D-5 Agreement No. 5559 PROPOSAL FOR THE STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Date May 15 2018 Company Name: Ramona, Inc. TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. E t1AL EMPLOYMENT OPPORTUNITY COMPLIANCE Agreement No. 5559 BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE AC'TION CERnFIC✓AT'ION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AI?`FIDAyrr BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C-2 Agreement No. 5559 BID SCHEDULE STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Company Name: Ramona, Inc. ITEMUNIT NO. DESCRIPTION UNIT TY PRICE $ TOTAL $ 1 Mobilization/Demobilization (not to LS 1 P `" exceed 5% maximum of Total Base Bid) 2 Traffic Control LS 1�p®� 3 Sheeting, Shoring, and Bracing LS 1 -t 2, 01D 4 Abandon Existing 28 -Inch -Diameter LF 1,000 Storm Drain Pipe CCTV Inspection of Sewer Main and 5 Lateral Lines after Construction Is LS 1 OOD Complete TOTAL BASE BID ITEMS 1 THROUGH 5 TOTAL BASE BID WRITTEN IN WORDS: O- 6-""" I -C-3 a Agreement No. 5559 Alternate Bid Item ITEM UNIT NO. DESCRIPTION UNIT TY -PRICE TOTAL $ Al Removal and replacement of 4 -inch -thick SF sidewalk Removal and replacement of 6 -inch -thick A2 driveway approach including removal and SF 1 4 , C' Za replacement of Y -wide slot paving All work shall be per these specifications and attachments. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. I -C -3b Agreement No. 5559 (THIS PAGE INTENTIONALLY LEFT BLANK) I -C-3 c Agreement No. 5559 BIDDER'S INFORMATION Company Name: Ramona, Inc. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) California Business Ramona, Inc, Address 5029 Bleec er St. Ste. 200 Baldwin Park, CA 91706 Telephone No.(626) 355-1350 Facsimile No. (626) 355-5946 � State Contractor's License No. and Class 850299 A � DIR# 100 00003782 p / Original Date Issued _1./24 Expiration Date es an "200 11/30/2018 The following are the names, titles, email addresses, addresses, phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: Mlade Grbavac President /Treasurer (626)q55-13.5.0 Dusanka Grbavac - Vice President / Secretary 1235 Ramona Rd. Arcadia, CA 91006 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: NO All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: NO I -C-4 Agreement No. 5559 BIDDER'S INFORMATION (CONTINUED) Company Name: Ramona Inc. Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Maria Grbavac Title: Administrative Assitant i -C-5 Agreement No. 5559 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this 15 BIDDER Ramona Inc Dusanka Grbavac, V. President Subscribed and sworn to this NOTARY PUBLIC day of May 2018 . day of __ , 20_. I -C-6 Agreement No. 5559 mOM— I.pMM M�gWNW owWww�.�,.� � ........................_.____. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A. notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los An eles } On 05/15/2018 before me, Debora Elizabeth Echeverria Notary Public, Date (here insert name and title of the officer) personally appeared Dusanka Grbavac who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature: Description of Attached Document Title or Type of Document: Document Date: Other: OPTIONAL 0MVORA ELIZABETH ECHEVERRlA Notary Public - CalifornlA Los Angeles Coll tyCommission # 223488E Cori m. Expires Mar 19, 10'12 Number of Pages: 459 ditfipnsismm4lc,rlrIc alpa,l 'at au,l mr t i49i1 9reran„a, _ ®. Agreement No. 5559 PROPOSAL GUARANTEE BID BOND STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROTECT NO.: PW 18-11 KNOW ALL MEN BY THESE PRESENTS that, Ramona. Inc. , as BIDDER, and ,S_� iatlty Un ur r e qoLnpa , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of Amount Bid _ DOLLARS -($,10% of: amount bid ), which is ten (10%) percent of the total amount bid. by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 14th day of May , 2018 BIDDER* Ramona, Inc. Dusanka Grbavac, Vice President PO Box 660219 Arcadia„ CA 91066 62635 -1350 SURETY* U.S. �ecialty insudanc Ooro -_�.-_.._ -. ..�. Frank Morones, Attorney -in -Fact 801 S. Fi uq eraa St. #700 Los Angeles,„CA 9001.7 714 784-0053 Subscribed and sworn to this day of _ -„ 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C-7 POWER ATTORNEY Agreement No. 5559 AMERICAN CONTRACTORS INDEMNITY COMPANY 'I"FXA�i 8(,)NI)IN(,.,OMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY 11NSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding C:onipany,,ran assinned name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S, Specialty Insurance Company, a .I ems corporation (collectively, the "Cotaxpanies")der by these presents make„ constitute anti appoint: Frank Morones or Lynn A. Slone of Brea, California its true and lawful Attorhey(s)4ri-fact, each in their separate capacity if more than one is narned above, with full power and authority hereby conferred in its na rne, place: and steed, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other, instruments or contracts, of suretyship to include riders, aaniendnentsr and consents of surety, providing the bond penalty does not exceed *****-Ten Million****** Dollars �S **ICI Rltlti,tltltl.11tl*�* This Power of" attorney shall expire without further action on November 3, 019, This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Conapanies: tJe,-rt alai,volapea„, that the President, any Viet President, any assistant Vara-Presidcni, any Secretary or any Assistant Secretary shall be ,and is hott.liy vested with frill power and t 0kority to appoiut' any one or more suitable parsons as Aitorricy(,$)-in-Fact to represent and act for and on behalf of the Company mpany subject tap Clic taalpoewirag p'yroOsjoris. fdrtrr°eaa p. -err -i as r may be given full power and atithodly for and in the name of and on behalf of the Company, to execute, acknowledge and dclNer, anyand all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and seated and effected by the Corporate S"rctaty, Be at fd¢',aa irdcrt ittrat alae signatiac of any authorized officer land seal of the C."oinpGany hurutorore or lrerualier o f =1 to ,'arty Mower of attorney or airy ccrtif9a aic relating, thereto by tiacsimile, and any Power of attorney or certificate hearing facsinaile signature or facsiindcseal shall be valid staid binding upon the C"oMpaatlY vettirt reSN'ct to aaary, bond or arnderatiking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of November, 2016. AMERICAN CONT RACI"lotis INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATESSURETYCOMPANY U.S. SPECIALTY INSURANCE COMPANY C'orpor"ale Seals d.�� 4Nd11d94 C tl4 9 4h R , aVwF*�n 61 ,d t d ",wf"siaorA"r�' 0? a,a, aa,,.aw a ,4x�444tlph a a a By: c .�. .. .�... ncMxYeareYr Daniel P Aguilar^, viee Presit caa't: dd¢auYuprvul . public or other officer completing this certificate verifies only the identity of the, individual who signed the tt to which this ccrtil cafe is attached, and not the truthfulness, accuracy, or validity of that docuanent. State of California County of Los Angeles SS: On this Ist alt -ay of November, 2016, before me, Sabina Morgenstern, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indenaaaity t. on)pany„ Texas Bonding Company, United States. Surety Company and U.S. Specialty Insurance Cotrapany who ttroved to, me oal. the basis of-saali8factol-y evidence to be tlae person whose ttatne is subscribed to the within instrument and acknowledged to me that lie executed the sainc in his aatthorired'capacily, and that by his signature oil the instrinnent tlae person, or the entity upon behalf of which the person acted, exe°cttted tite nastri nlont. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, I - SABINA MORGENSTEIN Oetnnatsslim # 2129258 Sillna'aCizre�_.�.. rr Nota Puolic - 4 alplarai+a �....�_. (seal) � Los Attliates l;trutaty My COMM EX0443 NOV,3, 201 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Cornpi"Ini "s, which is still in full force and effect, furtherniore, the resolutions of the Boards of Directors force and O'rect In Witness Whereof, i have hereunto set my hand and affixed the seals of said Companies at I ....n........� �..............�.......w......� 92-..,..,f......... Y Corporate Seals r Gunord ar, ," rx{,aUurrn'^(Yrr n k,� d,uYYNi add o dr A uowor�aareo- . s ap J` y. yy✓' �, t 3% ra serr as rano- �,� ata ? �' t Bond No. m Agency No. w lbl,� ��AdFV6SNN myy ti"C�I h • eRi 5 +'✓t darouu.�suoti d,+rrnxf Yrs 0000roi, rrv1 Agreement No. 5559 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this .certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of . ..... Orange � On �. .� before mei L Clark, Notary Publrc �. .., . Here Insert Name and Title of the Officer personaliy appeared Frank Morones Narne(sj of Signer(s) who proved to rne. on the basis of satisfactory evidence to be the person(s) whose narne(e) is/w-e subscribed to the within instri.irrient arra acknowledged to me that he/� exe:ct.rted the same in pias/herftheii authorized capacity(r".), and that. by signature(t) on the instrt_:nrent the person( -n), cartho entity upon behalf of which thG person(s) acted, exect.rted thG instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trFre and correct. WITNESS my hand and official seat. L. CLARK Notary Public - California Signatrarre .-.,.-� 14 Sic�rratttr of Not�ary 'ubf e Los Angeles County Commission # 2170352 M Comm.. Lrt, ires Nov 25, 2020 Place Notary Seat Above Though this sectic)n is optionat, completing this information can deter- alteration of the document or fr tc dufent reattachment of this form to an unintended docurr7ent. Description of Attached Document Title or Type of Doct.rment....,.,.--.... �............. Document Date:: yP� -..�,m . Number of Pages:._. _._ Signer(s) Other, Than Named Akaove� a ..... __-.._. Capacity(i es) Claimed by Signer(s) Sinner's Name: ., m.� ...�. _.. ,........ ...� , Corporate officer — Title(s):.,.,,...._ ........... ... Partner - C_irnitect General Individual K. Attorney in Fact Trr.rS.tae.. Guardian or Conservator Signer is Representing: Signer's Name: v ........�.�e wm. ......... Corporate Officer — Tltle(s) ....,. . .. .............. Partner -- -- Limited General lndiividt:ral -' Attorr7ey in F=act Trt,rstee Ouartiia.n or Conservator Other._ .:..e. _.. _. a ...........m. Signer is Representing rI IV41a;,V �a a. '=m v r ";c,_ Mw + ,. @2014 National Notary Association n www. National N otary.org • 1 -800 -US NOTARY (1-800--876-6827) lterrt #5907 Agreement No. 5559 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT notary public or other officer � completing this certificate verifies only the identity of the indivi�du_a_.l who signed � the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles } On 05/15/2018 before me, Debora Elizabeth Echeverria Notary Public, Date (here insert name and title of the officer) personally appeared Dusanka Grbavac who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. � ;Signature':. � �.� � (Seal) ) Description of Attached Document Title or Type of Document: Document Date: Other: OPTIONAL $,"'My ORA ELIZABETH ECHCVtRMA Notafy Publlt • Califarnia Los Angeles Co unty fComns'ission, 4 223 888 'Comm, Expires tike 98, ZHZZ Number of Pages: iYl b... iol,l t u ry rr a;J''4d {i+n i �ri4r+ (... t�Irv4bB_I1q,kd l5()m(11,1_tl s_ .._. vv. �. wbu,;tlarluu� q " i,kb�ir.L9, Ni c..�� kcmlwsaniµ� Ga d,m9C;ut' Agreement No. 5559 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 850299 Class No.: A 2., The expiration date of BIDDER'S Contractor License is: November 30 20 18 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on May 15 1 20188 , at Baldwin Park Ca (insert City and State where Declaration signed). ` signature Dusanka Grbavac Typed Name Vice President _. ............... Title Ramona, Inc. Company Name I -C-8 Agreement No. 5559 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) Los Angeles Dusanka Grbavac being first duly sworn, deposes and say that he or she is Vice President of Ramona, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. w ""rgnaturc Dusanka Grbavac Typed Name Vice President Title I -C-9 Ramona, Inc. Name of Bidder/Company Name 05/15/2018 Date Agreement No. 5559 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles } I On 05/15/2018 before me, Debora Elizabeth Echeverria Public, Date (here insert name and title of the officer) (personally appeared Dusanka Grbavac otary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument ;the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 'WITNESS my hand and official seal. 66. Signature. .��. (.Sea)) OPTIONAL Description of Attached Document Title or Type of Document: 1 Document Date: Other: WFYBORA ELIZABETH EC1tEVER RiA Notary Public . C4liiornl,rLos M eles County Commission # 2234888 MComm Expires Mar iB, 2822 Number of Pages: li. k �a iYti �� (i.�.#.t�t gti.l..��t�rttl. t tVida�flrvrG r_A1r1sN �4.R.t _c,yt�atl� yhw t�rt6tfii .t.t�33r. Agreement No. 5559 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Vice President Title: Ramona,lnc. Business Name: Business Address: 5029 Bleecker St. Ste 200 Baldwin Park, Ca 91706 626 355-1350 Telephone Number: Dated this 15 day of May T 2018 I -C-10 Agreement No. 5559 DESIGNATION OF SUBCONTRACTORS STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Company Name: Ramona, Inc. As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one- half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Subcontractor's Description of Contractor License Portion of Name of No. & DIR Work Estimated $ Subcontractor Address Registration No. Subcontracted Amount (Number and Street) (CSLB #) (City, Zip Code) (DIR#) �,(le copies of this page if additional space is needed) s ' ��_..........._. � � V...._ Signature of Bidder ate I -C- I I REFERENCES Company Name: Ramona Inc. Agreement No. 5559 The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1. Project Title: See Attached Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ _ _....... Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? I -C-12 Agreement No. 5559 3. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ ..___ _ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? 4. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $mw _ Date completed: Amount of work done by my/our firm under contract $, Did your firm have any financial interest in Project? I -C-13 Agreement No. 5559 5. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ _ _ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? Bidder may attach additional nal reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Cal West Surety (714) 784-0053 1150 E. Orangethorpe Ave., #100 Placentia, CA 92870 Adamson McGoldrick Insurance Solutions 1150 E. Orangethorpe Ave., Suite 100 Placentia, CA 92780 (714)-257-9644 I -C-14 Agreement No. 5559 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Company Name: Ramona Inc Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes 0 No ❑ 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 (Note: failure to register requires the City to reject your bid as non-responsive)? Yes O No ❑ --- Iz- !Bidder's Signature Dusanka Grbavac Name (Please Print) I -C-15 Agreement No. 5559 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Company Name: Ramona Inc. To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tyne of [r sujaagce Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California 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 itISUrance will render the bidder's proposal "nonresponsive." 05/15/2018 Date l Bidder's Signature I -C-16 Agreement No. 5559 - END PROPOSAL SECTION - I -C-17 [L EG J r April 26, 2018 ADDENDUM NO. 1 to Agreement No. 5559 THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO. PW 18-11 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time has been changed to May 15, at 11:00 am in the City Clerk's Office. 2. The mandatory pre-bid meeting date has been changed to May 8, still at 10:00 am in the City Council Chambers. 3. The due date for contractor questions has been changed to May 10, still at 3:00 pm. 4. Please discard any previously received plans and specifications. Please find attached revised plans and specifications to take the place of any that have been received prior to this Addendum. Revised plans and specifications show "(Revised 4/26/18)" under the project number on the first sheet or page. The Appendices remain the same and are also attached. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. 0515 . _2018 Signature: Date: _IT s........__ a, Inc Print Company Name: Ramon _ anion Page 1 of 1 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 5559 Registration Complete! Thank you for your payment. Your PWCR registration and payment were submitted on . If you paid by credit card, payment confirmation and registration processing will take up to 24 hours. If you paid by ACH/EFT, payment confirmation and registration processing will take up to 10 calendar days. Registration for Fiscal Year: 2018 PWC Registration Number: 1000003782 Contractor Legal Name: RAMONA INC. Contractor Legal Entity: Corporation Payment Amount: $300.00 Payment Method: VISA Payment Confirmation Number: JT6967PFJ6PC1 Agreement No. 5559 RAMONA, INC. 111 1, " "".. General Engineering Contractor P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 2PROJECT: Buchanan Relief Sewer City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles. CA 90015 CONTACT PERSON: Kyaw (Stephen) Htin (213) 485-4579 CONTRACT AMOUNT: $2,950,185.00 Start Date: 04/05/08 End Date 08/31/09 PROJECT: HO Olympic Blvd. and Spaulding Ave. Secondary Sewer Renewal Program City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles, CA 90015 CONTACT PERSON: Richard Carbajal (213) 485-1695 CONTRACT AMOUNT: $1,098,904.00 Start Date: 03/13/08 End Date: 06/26/09 PROJECT: C09B Sunset Blvd. and Amalfi Dr. Secondary Sewer Renewal Program City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles, CA 90015 CONTACT PERSON: Sam Alvarado (213) 485-5457 CONTRACT AMOUNT: $1,418,122.00 Start Date: 03/15/08 End Date 09/30/09 PROJECT: Odor Control Hollydale Drive Local Sewer Addition City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles, CA 90015 CONTACT PERSON: Felix Madariaga (310) 505-3022 CONTRACT AMOUNT: $1,139,800.00 Start Date: 09/03/08 End Date: 03/29/2010 PROJECT: Imperial HWY and Figueroa St Secondary Sewer Renewal Program City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles, CA 90015 CONTACT PERSON: Pablo Vasquez (310) 732-4694 CONTRACT AMOUNT: $1,440,137.00 Start Date: 06/15/08 End Date: 04/28/2010 Agreement No. 5559 RAMONA, INC.��, General Engineering Contractor P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT: U19A Rochester and Beverly Glen Secondary Sewer Renewal Program City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles, CA 90015 CONTACT PERSON: Lynn Hanami Cummings (310) 732-4693 CONTRACT AMOUNT: $3,406,084.00 Start Date: 01/26/09 End Date: 06/09/2010 PROJECT: H26 B Los Feliz Blvd. and Riverside Dr. H26C Sanborn Ave and Griffith Park Secondary Sewer Renewal Program City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles, CA 90015 CONTACT PERSON: Bryan Choorut (213) 847-0307 CONTRACT AMOUNT: $1,395,087.00 Start Date: 06/16/10 End Date: 06/28/2011 PROJECT: P18B Verdugo Rd. and Ave 33 Secondary Sewer Renewal Program City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles, CA 90015 CONTACT PERSON: Carla Rineheart (213) 847-0366 CONTRACT AMOUNT: $1,677,088.00 Start Date: 07/07/10 End Date: 06/30/2011 PROJECT: E02 Ventura Blvd & Lakershim Blvd, E 11 Hesby ST & Riverton Ave. Secondary Sewer Renewal Program City of Los Angeles Department of Public Works 1149 S Broadway Los Angeles, CA 90015 CONTACT PERSON: Elvin Yeck (213) 847-0299 CONTRACT AMOUNT: $1,682,971.20 Start Date: 07/13/11 End Date: 06/04/12 PROJECT: SSRP W32 Serrania Ave. & Dumetz Road City of Los Angeles -Dept. of Public Works 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Carla Rlneheart (213) 847-0366 CONTRACT AMOUNT: $1,588,300.00 Start Date: 8/28/12 End Date: 01/29/13 RAMONA, INC.�,,,,�a�axa6�,,� General Engineering Contractor Agreement No. 5559 P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT: SSRP U21 Gayley & Le Conte Ave. & U23 David & Canfield Ave. City of Los Angeles -Dept. of Public Works 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Christian Guerren (213) 485-5925 CONTRACT AMOUNT: $2,369,691.75 Start Date: 01/16/13 End Date: 09/06/13 PROJECT: SSRP H14 Wilshire Blvd., H15 June St., H19 Arden Blvd. & H2O 2nd St. City of Los Angeles -Dept. of Public Works 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Elvin Yeck (213) 847-0299 CONTRACT AMOUNT: $2,276,935.00 Start Date: 04/01/13 End Date: 6/13/14 PROJECT: SSRP S16 Avalon Blvd., S17 Compton Ave. & N05 8`" Street City of Los Angeles 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Cristine Sotelo (213) 485-1505 CONTRACT AMOUNT: $2,195,568.00 Start Date: 08/26/13 End Date: 06/13/14 PROJECT: SSRP H02 6TH Street, H05 Beverly Blvd. and H16 Crenshaw Blvd. & U 14 Overlanda and the 10 Fwy City of Los Angeles -Dept. of Public Works 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Anthony Daniel (213) 847-3985 CONTRACT AMOUNT: $1,921,559.00 Start Date: 02/04/14 End Date: 06/03/14 PROJECT: SSRP SOI Vernon Avenue, SO4 Slauson Avenue, S10 Florence Avenue and S 11 Western Ave. & 92nd Street City of Los Angeles -Dept. of Public Works 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Justin Zhang (213) 847-0304 CONTRACT AMOUNT: $1,160,936.00 Start Date: 07/14/2014 End Date: 11/30/2014 Agreement No. 5559 RAMONA, INC.ya�M,^t General Engineering Contractor P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT: SSRP H06 Adams & Crenshaw, HI I Burnside & Wilshire City of Los Angeles -Dept. of Public Works 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Albert Tam (213) 485-5728 CONTRACT AMOUNT: $1,153,691.75 Start Date: 10/06/14 End Date: 4/30/15 PROJECT: Rehabilitation of Gravity Sewer Mains FY 2012-2013 City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 CONTACT PERSON: Edward Kao (310) 802-5358 CONTRACT AMOUNT: $336,442.00 Start Date: 04/03/13 End Date: 06/19/13 PROJECT: 471 Street Sewer Replacement Project (SC -0239) Long Beach Water Department 1800 East Wardlow Road Long Beach, CA 90807 CONTACT PERSON: Justin Pennington (562) 570-2325 CONTRACT AMOUNT: $213,768.00 Start Date: 6/21/13 End Date: 7/26/13 PROJECT: Sunrise Blvd. Sewer Improvement Project (SC -0236) Long Beach Water Department 1800 East Wardlow Road Long Beach, CA 90807 CONTACT PERSON: Justin Pennington (562) 570-2325 CONTRACT AMOUNT: $ 436,432.00 Start Date: 07/29/13 End Date: 09/26/13 PROJECT: Sewer Improvement Phase IV and Street Resurfacing Project City of La Puente 15900 E. Main Street La Puente, CA 91744 CONTACT PERSON: Barry Knutson (909) 597-0188 CONTRACT AMOUNT: $ 1,303,536.00 Start Date: 09/30/13 End Date: 2/20/2014 Agreement No. 5559 RAMONA, INC.`°kr°, General Engineering Contractor www�W P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT: 7TH Street Sewer Main Replacements Project East Valley Water District 3654 E. Highland Avenue, Suite 18 Highland, CA 92346 CONTACT PERSON: Jeff Martinez (951) 830-1744 CONTRACT AMOUNT: $ 299,077.00 Start Date: 11/04/13 End Date: 12/18/2013 PROJECT: 2013-14 Sewer Line Replacement Project at Various Locations Bid No. 134-10, S-235 City of Orange — Dept. of Public Works 300 East Chapman Avenue Orange, CA 92866 CONTACT PERSON: Alan Truong, PE (714) 744-5568 CONTRACT AMOUNT: $ 795,679.00 Start Date: 04/08/14 End Date: 08/05/14 PROJECT: 2013 Sewer Line Replacement in Eucalyptus Ave., Dracaea Ave. Brill Rd., Linda Ct., Farragut Ave., & Barbara St. Easement Edgemont Community Services District CONTACT PERSON: Sinnaro Yos, PE (951) 686-1070 CONTRACT AMOUNT: $546,777.00 Start Date: 06/10/14 End Date: 10/30/2014 PROJECT: 551 Street Storm Drain Improvements City of Vernon — Dept. of Public Works 4305 Santa Fe Avenue Vernon, CA 90058 CONTACT PERSON: Vince Rodriguez (323) 583-8811 x 220 CONTRACT AMOUNT: $ 653,673.00 Start Date: 10/06/14 End Date: 2/17/15 PROJECT: Water Main Fire Flow Upgrade Project Meda and Mountain View Avenue Portion City of Glendora 116 E. Foothill Blvd. Glendora, CA 91741 CONTACT PERSON: Chris Masterson (626) 914-8258 CONTRACT AMOUNT: $ 196,680.00 Start Date: 3/3/15 End Date: 4/24/15 RAMONA, INC.'m. General Engineering Contractor Agreement No. 5559 P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT: Misc. Sewer & Alley Imrpvements Project-CIP # 7307 City of Brea 1 Civic Center Circle Brea, CA 92821 CONTACT PERSON: Doug Benash (626) 203-2849 CONTRACT AMOUNT: $ 817,785.00 Start Date: 2/4/15 End Date: 06/16/15 PROJECT: Liberty Avenue and Howe Street Sewer Improvement City of Corona — Detp .of Water and Power 755 Public Safety Way Corona, CA 92880 CONTACT PERSON: Cooley Smith (951) 442-6293 CONTRACT AMOUNT: $168,792.00 Start Date: 3/6/15 End Date: 4/3/15 PROJECT: Magnolia Avenue Sewer Main Replacement City of Monrovia 600 S. Mountain Avenue Monrovia, CA 91016 CONTACT PERSON: Richard Cortez (626) 705-4103 CONTRACT AMOUNT: $ 92,385.44 Start Date: 2/19/15 End Date: 3/6/15 PROJECT: Emergency Water Main Repair 37th Street Sinkhole Repair City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 CONTACT PERSON: Vince Rodriguez (323) 583-8811 x 220 CONTRACT AMOUNT: $ 63,100.00 Start Date: 2/12/15 End Date: 2/17/15 PROJECT: Belmont Street Sewer Improvements CIP Project No. 132 City of Cypress 5275 Orange Aveue Cypress, CA 90630 CONTACT PERSON: Nick Mangkalakiri (714) 229-6729 CONTRACT AMOUNT: $ 46,936.00 Start Date: 2/9/15 End Date: 2/17/15 RAMONA, INC. General Engineering Contractormm�mmmmmmmmm�mm..m...m Agreement No. 5559 P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT: FY 14/15 Sewer Rehabilitation City of Villa Park 17855 Santiago Blvd. Villa Park, CA 92861 CONTACT PERSON: Akram Hindiyeh, P.E. (714) 998-1500 CONTRACT AMOUNT: $ 356,479.00 Start Date: 4/20/15 End Date: 6/23/15 PROJECT: Taylor Avenue Waterline Replacement South Montebello Irrigation District 437 S. Bluff Road Montebello, CA 90640 CONTACT PERSON: Roy Frausto , P.E. (323) 721-4735 CONTRACT AMOUNT: $178,136.00 Start Date: 5/5/15 End Date: 7/1/15 PROJECT: Misc. Sewer Main Improvements & Repairs City of Torrance —Dept. of Public Works 20500 Madrona Avenue Torrance, CA 90503 CONTACT PERSON: Elizabeth Overstreet, P.E. (310) 618-3074 CONTRACT AMOUNT: $ 635,535.00 Start Date: 6/19/15 End Date: 8/25/15 PROJECT: Secondary Sewer Renewal Program (SSRP) S14 Hoover & Vernon City of Los Angeles 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Carla Valladares (213) 485-1505 CONTRACT AMOUNT: $1,531,943.00 Start Date: 5/11/15 End Date: 10/30/2015 PROJECT: Forcemain Improvements for Paseo Del Mar and Rocky Point Sewage Pump Stations City of Palos Verdes Estates 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 CONTACT PERSON: Craig Ervin (949) 370-5658 CONTRACT AMOUNT: $1,558,876.00 Start Date: 6/10/15 End Date: 9/04/15 RAMONA, INC. General Engineering Contractor Agreement No. 5559 P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT: Water Main Improvement at Virginia, Oak and Bayonne City of El Segundo 350 Main Street El Segundo, CA 90245 CONTACT PERSON: Lifan Xu, P.E. (310) 524-2368 CONTRACT AMOUNT: $ 1,221,566.00 Start Date: 8/31/15 End Date: 3/2/16 PROJECT: Secondary Sewer Renewal Program (SSRP) P20 Colorado Blvd. City of Los Angeles 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Anthony Daniel (213) 847-3995 CONTRACT AMOUNT: $ 1,647,798.00 Start Date: 9/29/15 End Date: 12/13/2016 PROJECT: Secondary Sewer Renewal Program (SSRP) P07 Huntington Dr. & Poplar Blvd City of Los Angeles 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Ronald Rugamas - P.E. (213) 847-0293 CONTRACT AMOUNT: $ 1,591,580.00 Start Date: 10/29/2015 End Date: 12/31/2016 PROJECT: Secondary Sewer Renewal Program (SSRP) N07 Broadway & Pico Blvd. City of Los Angeles 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Celso Perez, P.E. (213) 847-0334 CONTRACT AMOUNT: $ 5,765,641.00 StartDate: 1/11/16 End Date: In Progress PROJECT Replacement of the Water Main on Westboro Avenue between Poplar & Concord City of Alhambra 111 South First Avenue Alhambra, CA 91801 CONTACT PERSON: Dennis Ahlen (626) 570-3274 CONTRACT AMOUNT: $ 570,968.00 Start Date: 1/18/16 End Date: 4/15/2016 RAMONA, INC. General Engineering Contractor Agreement No. 5559 P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT:: Sewerline Replacement for Ross Avenue City of Alhambra 111 South First Avenue Alhambra, CA 91801 CONTACT PERSON: Dennis Ahlen (626) 570-3274 CONTRACT AMOUNT: $777,780.00 Start Date: 4/13/16 End Date: 6/15/16 PROJECT: 2015 Annual Wastewater Improvements Citywide City of Santa Monica 1685 Main Street Santa Monica, CA 90407 CONTACT PERSON: Carlos Rosales (310) 458-8721 x 2620 CONTRACT AMOUNT: $ 2,374,948.00 Start Date: 5/26/16 End Date: 06/30/17 PROJECT: Water Main Improvement on Center, Maple and Walnut City of El Segundo 350 Main Street El Segundo, CA 90245 CONTACT PERSON: Lifan Xu P.E. (310) 524-2368 CONTRACT AMOUNT: $ 1,388,300.00 Start Date: 6/7/16 End Date: 12/31/2016 PROJECT: Primrose and Cypress 8" Water Main Improvements City of Monrovia 600 Mountain Avenue Monrovia, CA 91016 CONTACT PERSON: Jeremiah Brooks, P.E. (626) 932-5575 CONTRACT AMOUNT: $ 435,152.00 Start Date: 9/12/16 End Date: 12/10/16 PROJECT: 2015-2016 Sewer Capacity Upgrades 100 No. Garfield Avenue Pasadena, CA 91109 CONTACT PERSON: Roubik Mardirosian, P.E. (626) 744-4191 CONTRACT AMOUNT: $ 1,060,000.00 Start Date: 9/19/16 End Date: 03/7/17 PROJECT: SSRP N14 Temple Street and Glendale Blvd. City of Los Angeles 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Fad Bader (213) 485-4686 CONTRACT AMOUNT: $2,631,080.00 Start Date: 3/8/17 End Date: In Progress RAMONA, INC. General Engineering Contractor Agreement No. 5559 P.O. Box 660219, Arcadia, CA 91006 Office: (626) 355-1350 Fax: (626) 355-5946 PROJECT: SSRP N09 Lorena St. & Whittier Blvd. City of Los Angeles 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Anthony Daniel (213) 847-3995 CONTRACT AMOUNT: $ 2,633,276.00 Start Date: 4/25/17 End Date: In Progress PROJECT: DAR03 Northeast Los Angeles: Eagle Rock, Los Feliz and Griffith Park City of Los Angeles 1149 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Mara Luevano (213) 485-5869 CONTRACT AMOUNT: $6,387,418.00 Start Date: 8/21/17 End Date: In Progress PROJECT: SSRP P19 Figueroa St. & Yosemite Drive City of Los Angeles 1145 S. Broadway Los Angeles, CA 90015 CONTACT PERSON: Sevak Isakhanyan CONTRACT AMOUNT: $4,765,150.00 Start Date: End Date: State of California County of Orange Agreement No. 5559 HUGH NGUYEN CLERK -RECORDER CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk -Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT U.S., Specialty Insurance Company abs has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 12th day of July, 2017. Hugh Ng y� n, O) gc C ty Clerk -Recorder .................................... y •k -Recorder Tanairi Ra jos, � i)O1 1�, U - NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834.2500 • FAX (714) 834-2675 • WWW.00RECORD ER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 5559 FAITHFUL PERFORMANCE BOND STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECTNO.: PW 18-11 Bond No. 1000901817 Bond Fee: $1,111.00 ("PRINCIPAL,") Ramona, Inc. and Specialtv Insurance Compa y --- -potation ----____ acol incorporated under the laws of the State of Texas --and licensed by the State of California to execute bonds, and undertakings as sole surety, as surety ("SURETY"), are field and firmly bound unto the CITY OF EL SEGUNDO (-'CITY") in the surn of ONE HUNDIZE'D ONE IOU SA—N,D, �.IQJ 000.00T, lawful- money of the United States, which may be increased or decreased by a rider hereto executed ill the same manner as this bond, for the payalent of which suns PRIN(--'IPAI- 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 ot'any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 18-11, 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, assessirients, penalties, or deficiencies arising by reason of such default. BONI) CONDITIONS L. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 1.8-11, 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 NO. PW 18-11) which are made a part of this bond when '-,aid plans and profiles are approved by the City Council and filed with CITY's Erigineering Division, CITY has estimated the required amount of the bond as shown above. 1 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 cornplete all required work within the time allowed, CITY rnav, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly hound for the payment of all necessary costs therefor. 1 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 Agreement No. 5559 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 Munieiplfl ('ode ("ESMU'). 5. SURETY, for value received, agrees Ihat no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 18-1.1 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 instrurnent; the plans and specifications identified above; and tile fullowing two (2) attached exhibits all of' which are incoiporawd herein by reference: AA certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; R A certificate issued by the county clerk for the county in which SURETY's representative is located confornning with California Code of Civil Procedure § 995.640 and stating that SIJRI--'.'FY'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 tinie allowed, PRINCHIAL's obligation will be void upon tile, acceptance of the performance by CITY - otherwise this obtication will rernain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] SIGNED AND SEALED this 12th day of' PRINCIPAL's4-1"IR"FSIDENT Michael Grbavac, Vice President PRINCIPAL's SECRETARY PRINGIPAL's MAILING ADDRESS: Ramona, Inc. PO Box 660219 Arcadia, CA 91066 Agreement No. 5559 2018 SURETY's PRESIDENT Frank Morones, Attorney -in -Fact SURETY's SECRETARY SURETY's MAILING ADDRESS: HCC SurelyT4JITS„Secia lnsu�nce CornprNy.... 601 S. Figueroa St , #1600 _,.... s .. . Los Angeles, CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job,. 1-E-3 POWER OF ATTORNEY r9ggWt No. 5559 AMERICAN CONTRACTORS INDEMNITY COMPANY TPXAS, BONDti'� 4I 'tPiCNY UNITED STATES SURETY COMPANY U.S. SPEC1AL'I N INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding_Company,, can assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and II,S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do byAhese presents make; constitute and appoints Frank Morones or Lynn A. Slone of Brea, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more thalt one is nttined above, with full power and authority hereby conforred in itls narri , place and stead, to execute, acknowledge and deliver any and all bonds, recognizances undelrtakings omheinstrumefs or contracts of suretyship to include riders, amendments, aridgconsents of surety, llrovidinoh(EIoapenalty does not — Million This Power of Attorney shall expire without further action on November 3 2019. This Power of Dollars (S granted Clip(},tang I'"situ Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Ise, o lNmLuGra"atw, that the President, any Vice-Presidrnt, Any assistant taiccwPr'csidcnt, any Secretary or any Assistant Secretary shall be and is bcr6y wstod wsitla hill power and sauthorny to aappoini any one or more soitiatatc potsoriq as Attoricy(s)-in-Fact to represent and act for and on behalf of the Company subject to the following parcawusaa)aas: - Auornt w-araMt•aarc! may be given full power and autfionty-for and in the name of and on behalf of the Company, to execute, acknowledge and dicr, anyand all bonds, rcacognizances, wntraacts, ngmeincnLs or indemnity and other conditional or obligatory undertakings, including, any nand all consents for the releaset>t reiaaned percentages aaruvor final esuunates on cargincening and construction coni.raawts„ and any and all notices and docuunawotts ctancchng or terminating the Company's 9iabitity, thereunder, and any such insmin'ients so executed by any such Anornc�y-in l tact shall be Minding tipoo the Company as it signed by the President and sealed wanad effe ted by the Corporate Seua.tapy. Pic P Resolved, that the signaturc of any authorized officer and seal of the Company heretofore ot'aacauafdca° tafllxed to ally Power of attorney 'Or Ally cert itivite relairtl thereto by faacsir¢ dc. and anyPrower of attorney or certificate bearing facsimile sigtadatu�re or facsaanile scsal Ai ail be viilid and biaadpntt upon ttac t taanpa_ityaw 0h respect to any, boy ar gNertakir % which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of November, 2016, AMERICAN CO'l'yTRAC'I"'ONS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STA ires SUItKTY COMPANY U.S. SPECIALTY INSURANCE COMPANY C, orportile Seals, aria „ curer <� c 4 +rq", By: a ;p senr.sv.aaeax,� ra i a �• " a Daniel P A,I;ttllar, lfc l"mcs C e'nt . m YAF �+% wa•,�,,'a S Arlelfry�{IBbuBwV w^g�dadl MNVOh"" "� .... ll6�l1 N� . .. iaot it ptatalic or other officer completing this certificate verifies only the identity of the individuut Who signed the tloabtiii'aent to tlrhiclt this cerfilactate is attached, and not the truthfulness, accuracy, or validity of that doctuaient. State of California County of Los Angeles SS: On tuts l st clay of Nowettier, 2CttV hcltn°che, stbinaworgaasisaaitctaryptialic, personally appeared Daniel P. Agoilwr, Vice tcsttet4 of American Contracttrs Indemnity Cotnprny, 1cxnaBonding.Conparay, thihed States Surety Company and U.S, Specialty lusurance Company who pntved,to ane rail the barns of satisfactory evideaacc to be the person whose name is subscribed to the within insmiment and acknowledged to mew that lie executed the same to hisauthorized capacity, And that by his signature do the ars atrtattaeiat [lie person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. y seal. SABINA MORGENVEIN WITNESS m hand an official ^^ Oonawgstott ,# 2129250 Siga"uNtatare (Seal) *+ " Notary Public � GaIllornJ3 Los Angeles County My Clttram. Expirats Nutt 3, 2010 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, ,which is still in full force and effoAo; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attontc y are in fill!, force'wid effect. In Witness Whereof, I have hereunto set iffy hand and affixed the seals of said Companies at Los Angeles, California tltts . e� da of. ..� l z41 . Corporate SealsNV4CIlIJtl NV IMEddRylA ,.V ° aaara ca mat r ,9 AI 14 .;,' t�. r,,m y " '~M baa �y q ar a�aamaaren l'� wu1 ,a M Kio Lo, Assistant. Secretary Bo�Itl No, � sevras lava Proiwl, �� X m aw" M Lo� wr, I TOT a y eta y + W � � Agency 4v{."d Agreement No. 5559 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ' „c'M < �t%R.0 .r� 5., ". ^ "�a�k?', ,i" . ", %: '�K `rf ;�z:'r �as�.h.' .n . " C. '>%.. a` , ,r VC*f .% ,'aSr.' , a ;r , ".°' w£:� ."C^.i:? ';'S'h a4 A' " ,x C ox A notary pulalic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California. Oran e County of _.. v....... .....� � � j Lynn A. Slone Notary Public On before mf' 1 i rr fr Here Insert Name and Tine of than Officer ank personally appeared Mo _ _..... _.f... _.�.-..rones-....- Name(s) of Signer(s) who proved to rne- on the basis of satisfactory evidence to be the persons) whose nante(6) is/fife ;subscribed to this within instruwnent and acknowledged to me that he/�� executed the sante in his/het-Ahe;ir° authorized capacity(ie R); and that by his+� ,'r signature(s) on the instrurnen.t the person(s), or the entity upon behalf of which the person(e) acted, executed thc- instrument. I certify under PENALTY OF PERJURY ander the laws of the State of California that the foregoing paragraph is frrie anti ccarrert. UA 4,y,U,u,,. WITNESS my hand a nCi official seal. LYNN A SI ONE Notary Public C 3lifornia _13 4140 SI nature... f Commission #� � h� Comm.Ex�rsr , Decf 16 2019 , Slc�nat. Orange County Signature, of Notary Public Place NotarySeal Above OPTIONAL Thou,g this section is optional, completing this information can deter alteration of the document or fraodufent reattachrnenf of thlu form to an unintended docurnianf. Description of Attached Document Title orType of Document:. �..........-.................�-.........e_�..............-................�.�.�..-_�.� ...� Document Date;: Number € f Pages', _ _ Signer(s) Other Than Named Above: ....... ._....... ........ ....� Capacity(iesl Claimed by Signer(s) Signer's blame: ,... Oorporate Offlcer — Title(s):.e......� ._ _... e..._._-_ Partner Urnited General individual XAttorney in Fact 1 rirsfa.eGuardian or Cons t-rv�rtgr Other: Signer Is Representing:...... ........ Signer's Name: ...... Corporate Officer — Title(s): . .. . ........ ....... itle(s):......................... Partner — i_ Limited General individuai I Attorney in Fact Trustee Guardian or Conservator I Other: Signer Is Representing m X11VIX+.r,»° Ga„rsw aen';,,+u..ar e U';r r a trw cG72014 National Notary Association . www.NationalNotary.org - 1 -800 -US NOTARY (1 -800--876-6827) ltern #5907 Agreement No. 5559 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that STATE OF CALIFORNIA COUNTY OF Los Angeles I On 07/16/2018 before me, Debora Elizabeth Echeverria Notary Public, Date (here insert name and title of the officer) personally appeared Michael Grbavac who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SS my hand and official seal. T Si gnature b Description of Attached Document Title or Type of Document: Document Date: OPTIONAL Other: 4 No RIA � � r b1t c� 0fornia, " p yrs Acne COUnty s rav rniss6cr�, P 2234888 y rrarc . txq tr a Mar 18, 20 Number of Pages: T)+ State of California County of Orange Agreement No. 5559 HUGH NGUYEN CLERK -RECORDER CERTIFICATE OF AI)Ml l 1'1� D SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk -Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT U.S. SPECIALTY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 27TH day of July, 2018. "", ,„ `e C w a;� �3 Hugh NgLiy, 0rart AM lerk -Recorder TANAIRI R MOS e (y Jerk -Recorder r 17" NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834-2500 ♦ FAX (714) 834-2675 ♦ WWW.00RECORD ER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 5559 LABOR AND MATERIALS ON STORM DRAIN PIPE ABANDONMENT ON EU(-',AI.,YPTus DRIVE IIROJFCTNO.: PW 18-11 Bond No. 1000901817 Bond Fee:Included in Performance Bond Ramona. Inc. ('-PRlNC1PAf-")and., U.S,,§peci Ity Insurance Cornpany. a . . . . . ......... . ------ --------------- ----- corporation incorporated under the laws of the State of., .... --,- -Texas.-.- --l-," - , 1 -111 in(] 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 ONE HUNDRED ONE THOUSAND Dollais IQ.()( J�, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the sarne 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 PRINCIPAI, and all PRINCIPAI.'S Subcontractors Cor all materials. provisions, provender, or other supplies', and equipment used in, upon, for or about the performance of the vo,41', (.,,,ontemplated in STORM DRAIN PIPE ABANDONMEN't' PROJUX,71' ON EL1(','1A1,,)'P'TVS DRIVE, SPECIFI(','ATIONS NO. PW 18-11 (..:Public llrcject-), the Public Works, Contract vXectned for such Public project, and for all work or labor of any land porforined 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, reclarriation, assessments, penalties, Of deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIHCATIONS NO. PW 18-11, 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 rind profiles (CITY DRAWING FILE NO. PW 18-11), which are made a part Of this boric! when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division, 1 PRINCIPAL will pay all Contractors, SUI)COntractors, and persons renting equipment. Agreement No. 5559 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Projeci, and will pay for all work and labor thereon, 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without: limitation, the El SegUndo Municipal Code ("ESMC"), S. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO., PW 18-41., or of the obligation to be performed will in any way affect its obligation on this bond, and it waives noticc of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be Performed, 6This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits kill of which are incorporated herein by referen= 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 fear the County in which SURLI-Y's representative is located conforiningwith California Code of Civil Procedure § 995..640 and stating that SURF,TYs 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. T Should PRINCIPAL perform its obligations within the thrie atlowed, PRINOPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will re gain in feel! force and effect. I -SIGMA TURES ON F01,1,0WING PAGE] Agreement No. 5559 SIGNED AND SEALED this, 1tt2 .gay of July , 2018 i"'ONC,"IPAL's PRESIDENT Michael Grbavac, Vice President PRINCIPAL's SECRETARY PRINCIPAL'S MAILING ADDRESS: SURETY's PRESIDENT Frank Morones, Attorney -in -Fact SURETY's SECRETARY SURETY's MAILING ADDRESS: (2) Bond shall be effective for one (1) year after acceptance of the job. I -F-3 Agreement No. 5559 BID SCHEDULE STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Company Name: ITEM ....... ............... ._....W .......................................... UNIT _. NO. DESCRIPTION UNIT TY PRICE $ TOTAL ($ 1 Mobilization/Demobilization (not to LS 1 exceed 5% maximum of Total Base Bid) 2 Traffic Control LS 1 3 Sheeting, Shoring, and Bracing LS 1 4 Abandon Existing 28 -Inch -Diameter LF 1,000 Storm Drain Pipe .......................... ................._._. CCTV Inspection of Sewer Main and 5 Lateral Lines after Construction Is LS I Complete TOTAL BASE BID ITEMS 1 THROUGH 5 TOTAL BASE BID WRITTEN IN WORDS: I -C-3 a Agreement No. 5559 Alternate Bid Item ITEM UNIT NO. ........ DESCRIPTION UNIT QTY PRICE$) w TOTAL ($a Al Removal and replacement of 4 -inch -thick SF 1 sidewalk Removal and replacement of 6 -inch -thick A2 driveway approach including removal and SF 1 replacement of 3' -wide slot paving All work shall be per these specifications and attachments. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. I -C -3b Agreement No. 5559 (THIS PAGE INTENTIONALLY LEFT BLANK) I -C -3c Agreement No. 5559 BIDDER'S INFORMATION Company Name: BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) Business Address Telephone No. Facsimile No. State Contractor's License No. and Class DIR# Original Date IssuedExpiration Date _ The following are the names, titles, email addresses, addresses, and phone num __ a... bers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: I -C-4 Agreement No. 5559 BIDDER'S INFORMATION (CONTINUED) Company Name: Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Title: I -C-5 Agreement No. 5559 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this day of...-., 20 BIDDER Subscribed and sworn to this day of , 20_ NOTARY PUBLIC I -C-6 Agreement No. 5559 PROPOSAL GUARANTEE BID BOND STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($___ _„m), which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of 120 BIDDER* SURETY* Subscribed and sworn to this day of , 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C-7 Agreement No. 5559 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is; Class No. 2. The expiration date of BIDDER'S Contractor License is: 20 3„ BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on _......... 20, at Signature Typed Name Title Company Name (insert City and State where Declaration signed). I -C-8 Agreement No. 5559 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) being first duly sworn, deposes and say that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed Name Title I -C-9 Name of Bidder/Company Name Date Agreement No. 5559 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: Dated this day of , 20 . I -C-10 Agreement No. 5559 DESIGNATION OF SUBCONTRACTORS STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Company Name: As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one- half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Subcontractor's Description of Contractor License Portion of Name of No. & DIR Work Estimated $ Subcontractor Address Registration No. Subcontracted Amount � mm��mmmmm (Number and Street) (CSLB #) .. ................... ............�. (City, Zip Code) (DIR#) ......................................... ..._......... (Make copies of this page if additional space is needed) Signature of Bidder Date I -C-11 REFERENCES Company Name: Agreement No. 5559 The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: I . Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $_ ______ Date completed Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? I -C-12 Agreement No. 5559 Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? 4. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? I -C-13 Agreement No. 5559 5. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I -C-14 Agreement No. 5559 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Company Name: Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. Have you ever been disqualified from any government contract? Yes ❑ No ❑ 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 (Note: failure to register requires the City to reject your bid as non-responsive)? Yes ❑ No E] Bidder's Signature Name (Please Print) I -C-15 Agreement No. 5559 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of lnsur-aslce Li„m,...s. Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds” under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VIL" Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." Date I -C- 16 Bidder's Signature Agreement No. 5559 - END PROPOSAL SECTION - I -C-17 Agreement No. 5559 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 This CONTRACT is entered into this day of 20 T by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and ("the Contractor"). 8 A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. I -D-1 Agreement No. 5559 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within ......... working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, wil l obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. I -D-2 Agreement No. 5559 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 City of El Segundo 350 Main Street, El Segundo, CA 90245 The Contractor Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. 1-D-3 Agreement No. 5559 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. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. I -D-4 CITY OF EL SEGUNDO Greg Carpenter City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney an David H. King, Assistant City Attorney Insurance Reviewed by: I -D-5 Agreement No. 5559 Taxpayer ID No. Contractor State License No.: Contractor City Business License No.: Agreement No. 5559 FAITHFUL PERFORMANCE BOND STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Bond No. Bond Fee: ("PRINCIPAL") and a corporation incorporated under the laws of the State of ................� and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of _ _ 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 18-11, 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 18-11, 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 NO. PW18-11) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's I -E-1 Agreement No. 5559 completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 18-11 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E-2 Agreement No. 5559 SIGNED AND SEALED this day of 120 PRINCIPAL's PRESIDENT SURETY's PRESIDENT PRINCIPAL's SECRETARY SURETY'S SECRETARY (2) Bond shall be effective for one (1) year after acceptance of the job. I -E-3 Agreement No. 5559 LABOR AND MATERIALS BOND STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO.: PW 18-11 Bond No. Bond Fee: ("PRINCIPAL") and corporation as principal incorporated under the laws of the State of _ and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of _ DOLLARS, 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 STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT, SPECIFICATIONS NO. PW 18-11 ("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 18-11, 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. PW18-11), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. I -F-1 Agreement No. 5559 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 18-11, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F-2 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY Agreement No. 5559 20 SURETY'S PRESIDENT SURETY's SECRETARY (2) Bond shall be effective for one (1) year after acceptance of the job. I -F-3 Agreement No. 5559 SECTION II - GENERAL RE 11II EMENTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. Rii Ci#S'l"RATION OF `ON't"R,AC"1'OILS No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of work to be performed under this Contract. 2. 1NS(JRANt` L AND CITY BUS INI"SS 1 ICENSIf Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMERGENCY INFORMATION The names, addresses and telephone numbers of the CONTRACTOR and subcontractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. FURNISHING OF WATER, Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of Three Hundred Dollars ($ 350.00) to insure against damage to a 2 '/z" Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the CONTRACTOR upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the CONTRACTOR, all or any part of said deposit may be retained by the City. An non-refundable Activation Fee of One Hundred Dollars ($100.00) will be charged upon activation of the temporary meter. II -A-1 Agreement No. 5559 5. CAUFO1 NlA - OC, ."l.1PATIONAL SAFFTY & f-11F"AL 11-1 ADM INISTRA"fl"1ON All work performed under this contract will be done in strict compliance with the Cal -OSHA Rules and Regulations, latest edition. 6. SOUND CONTROL The Contractor will comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR POLLUTION CONTROL The Contractor is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 8. WORKER UNIFORMS All workers under the employment of the Contractor or his/her Sub -Contractor will wear an orange vest or an orange shirt while working in the public right-of-way. 11-A-2 Agreement No. 5559 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD SPECIFICATIONS 0-1 GENERAL Except as modified by these Standard Specifications, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" ("Greenbook") and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0-2 NUMBERING OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greebook numbering. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the Greenbook. 1-2.1 ADDITIONAL DEFINITIONS Acceptance — The date on which the City Council accepts the Work as complete. Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors employed by the City. City Council - The body constituting the awarding authority of the City. Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. Due Notice - A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer. Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Engineer or his designated representative. 1-3 Agreement No. 5559 PCC — California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. ❑ (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time of Completion." A11BRI: VIATImO SS The following Subsection is added to Subsection 1-3 of the Greenbook. 1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Southern California Chapters of AGC and APWA WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association current edition and subsequent supplements ASA American Standard Association CITY City of El Segundo 2-0 SCOPE AND CONTROL OF WORK, The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. 2-1.1 ACCI�' S TO PROJECT SITE Not later than the date designated in the current Contract Schedule submitted by the Contractor, the City will provide access to the real property and facilities upon which the II -B-2 Agreement No. 5559 Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. 2-1.2 OWNF-161,1111 161111' AND USF, OF CO l I ACI' 1 0(,,tJM1`1NIS The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 2-3 SUBCONTI ACTS Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor's control over the Work, cancel the contract, or assess the Contractor a penalty of not more than ten percent of the subcontract involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for II -B-3 Agreement No. 5559 and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Engineer may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Engineer, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2-3.2 ADDITIONAL RESPONSIBILITY Add the following to Subsection 2-3.2 Additional Responsibility: The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than ten percent (10%) of the Work. 2-4 CONTRACT BONDS The following paragraph is added to Subsection 2-4 of the Greenbook. The Faithful Performance Bond and the Labor and Materials Bond must be paid up and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 6-8.1. 2-5 PLANS AND SPECIFICATIONS Subsection 2-5.1 of the Greenbook is replaced by the following subsection. 2-5.1 GENERAL The Contractor will maintain the following at the Work site: II -B-4 Agreement No. 5559 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 are to be submitted to the City representative for approval prior to acceptance of the project as complete. 2. The current accepted Contract Schedule. Shop Drawings, Product Data, and Samples. 4. Approved permits from other agencies, including Cal -OSHA permits for trench shoring. 5. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there are no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS The following paragraph is added to subsection 2-5.2 of the Greenbook: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Engineer for such further explanations as may be necessary, and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS Although it is believed that much of the information pertaining to conditions and existing II -B-5 Agreement No. 5559 utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK ARI -IAS AND FACILITIFIS When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. 2-9 SURVEYING Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: 2-9.3 SURVEY SERVICE 2-9.3.1 CONSTRUCTION SURVEYING The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Agreement No. 5559 Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2-9.3.2 MF,AS1JR1,,1'M1`NT ANI PA MI1 INT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3-3.2.2 BASIS 1''OR FS 1 A131.,"lSl 1[l` GJ 1COS"1°S IILUI Subsection 3-3.2.2 (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3-3.2.3 MARK UP Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor.....,......................................20 2) Materials......................................15 3) Equipment Rental ......................... 15 4) Other Items and Expenditures ...... 15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. II -B-7 Agreement No. 5559 (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 3-3.3 DAILY REPORTS BY CONTRACTOR Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3-4 CHANGED CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ("changed conditions"), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection 6-11.3, the Contractor will be liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions will 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 differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law. The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer's decision, and any dispute regarding that decision, will be made in accordance with Section 6-11 except that the Engineer will render a decision promptly. Il -13-8 Agreement No. 5559 Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: 1. The information is made available for the Bidders' convenience and is not apart of the Contract. 2, The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. 3-5 DISI"lY'rf,,l: WORK Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications. Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents. 4-1.3 Ks m C'1 l 0 1 F 4AKF_-`` I l' r Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4-1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the contract II -B-9 Agreement No. 5559 documents. The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the City Engineer. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor's cost at rates established by the City. 4-1.6 TR.ADE, NAMIFS ORIi UALS Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal". For the City's consideration of a proposed "equal" item, the Bidder will submit, a minimum of ten (10) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item". At a minimum, the submitted documentation will include: • Written request with explanation of why the product should be considered as an equal product. • Material specifications. • Technical specifications. • Test data. • Samples. Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. ■ Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the Greenbook. 5-2.1 INCORRl C,"Y LOCATION OF UTILITIES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor II -B-10 Agreement No. 5559 will immediately notify the City and utility owner in writing. 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the Greenbook. 5-4.1 ISI"SPONS IIIA ITY" OF LFFIl I lm"m""�' REMOVAL OR l lm �,��CATION The City will be responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City will have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation. 5-5 DELAYS The following paragraphs are added to Subsection 5-5 of the Greenbook. Actual loss, as used in this Subsection, will be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by Subsection 5-5.1 and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work. The following subsection is added to Subsection 5-5 of the Greenbook. 5-5.1 AI,(.°&.II_ATING IDLE TIMI Equipment idle time will calculated in accordance with Subsection 3-3.2.2 and based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay. Worker idle time will be calculated in accordance with Subsection 3-3.2.2.. 6-1 CONSTRUCTION SCHEDULE AND COMMENCl M1 N`l` OF WORK Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Pr (°o11,StrUCt 011 MCS ting,:.. After contract award, the City will arrange for a pre -construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will II -B-11 Agreement No. 5559 arrange for all of its sub -contractors to attend the meeting. 6-1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) days of award. 6-1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 1. Schedules must be suitable for monitoring progress of the Work. 2.. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5., Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6-1.3 The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and II -B-12 Agreement No. 5559 the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. The Engineer's failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6-1.4 COMMENCEMENT OF CONTRACTTIME The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of fifteen (15) days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6-4 DE1M" l.iLT BY CONTRACTOR The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. 6-4.1 GENERAL Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City's interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. II -B-13 Agreement No. 5559 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK The City may terminate the Contractor's control over the Work without liability for damages when, in the City's opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the work completed and in place at the time of termination, less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control, the City may do any one, or combination of, the following: 1, Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2, The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6-4.3 SURETY'S ASSUMPTION OF CONTROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City's forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. 11-B-14 Agreement No. 5559 6-6 DELAYS AND EXTENSIONS OF TIME Subsections 6-6.1 to 6-6.4 are deleted and replaced with the following subsections, 6-6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the Engineer may, but is not required to, deem an extension of time to be in the City's best interests. 6-6.2 EXTENSIONS OF TIME If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 6-6.3 PAYMENT FOR 1)FLAYS 1"O CONJ'RAC'TOR Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6-6.4 WRITTEN NOTICE AND REPORT II -B-15 Agreement No. 5559 If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6-7.2 WORK DAYS AND WORKING HOURS City Hall is open from Monday thru Thursday lam -6pm. It is closed every Friday and the following holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Christmas Eve Christmas New Year's Eve Working on Fridays when City Hall is closed is acceptable; however, if the Contractor requests an inspection a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff prior to its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day shall be counted as a project working day. On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday work restrictions. 6-7.4 NIGHT WORK II -B-16 Agreement No. 5559 The following paragraph is added to Section 6-7 of the Greenbook: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6-7.5 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-8 COMPLETION AND ACCEPTANCE Subsection 6-8 is deleted in its entirety and replaced by the following: The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of 1 year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 6-8.1 GENERAL GUARANTY The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom, which will appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 6-9 L, LQ1 LLF JI-, I: 1}c rN (�1: Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and replaced by the following subsections. 6-9.1 FAILURE TO COMPLETE WORK ON TIME II -B-17 Agreement No. 5559 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 DISPUTE'S AND CLAIMS• PRO 1:"DIS I 6-11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 2, Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. 6-11.2 FORM A Claim must include the following: 1. A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or II -B-18 Agreement No. 5559 other condition giving rise to the Claim. 3. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. C) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further •verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 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. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. A personal certification from the Contractor that reads as follows: «h BEING THE w................................................................................ (MUST BE AN OFFICER) OF (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO II -B-19 Agreement No. 5559 PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES." 6-11.3 CLAIMS SUBMITTED TO ENGINEER Within (30) calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6-11.4 CLAIM mmISm-PREREQUISITE TO OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 6-11.5 DECISION ON CLAIMS The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 30 days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless II -B-20 Agreement No. 5559 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 disptae resolution or litigation. Should you fail to take appropriate action within 30 calendar days of the date of this decision, the decision will be come final and binding and not subject to further appeal." 6-11.6 PPI X11 (m1 1 Iq ;l lti: r a,d l `1 9t 1 Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within 30 calendar days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 calendar days of the City's final decision. 11-B-21 Agreement No. 5559 6-11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ("AAA") under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. 6-11.8 ARBITRATION If the City and Contractor do not agree to mediation, then a disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. 6-11.9 WHEN ARBITRATION DI:: ISION BECOMES BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. 6-11.10 APPEAL TO S U PF` I OI C III T• WAIVER OF JURY TRIAL Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure ("CCP") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. II -B-22 Agreement No. 5559 BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 6-11.11 AB 626 CLAIMS PROCESS 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, for relief from damages or penalties for delay assessed by the city under a contract for a public works project. (B) Payment by the city of 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 LABOR The following subsections are added to Subsection 7-2 of the Green Book. 7-2.3 PREVAILING WAGES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the 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: II -B-23 Agreement No. 5559 a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-2.4 RECORD OF WAGES PAID: INSPECTION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7-3 LIABILITY INSURANCE Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. II -B-24 Agreement No. 5559 7-3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM COMBINED SINGLE LIMIT CL 00 02 01 85 or 88 $2,000,000 CA 00 01 01 87 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteer's 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 oll rcers, officials, employees and Volunteers for losses arising lroin 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, oflicials, employees, agents and volunteers. II -B-25 Agreement No. 5559 The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) calendar day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self-insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self-insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance arid endorsements on forms acceptable to the City's City Attortxcy, dltly authetiticated, 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 1i'orn time to time. l tadorsements must, be sul)plied on ISO Form No. CG 20 10 1185, or equivalent. ( ertllicate/etidom°seitient for Workers Compensation lnsurance will be furnished on State Comp 1and or other industry standard form. J ceptfor worker's compettsatiomr insurance, all insurance, required herein will be placed with insurers with a Best's Rating of mtot less than A:VII. Work'er's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of II -B-26 Agreement No. 5559 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 clairrrecl because ofdaamages to property, or personal injury receive(] by rc.,ason of or in the Course Of performing work„ which may be caused by any willful or negligent act or omission by the C;trrrtr°aretaar, or any of the Contractor's employees, or any subcontractor. 'file City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6-10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City inay arrange for irrsr.arance coverage as specified, and Contractor further agrees that administrative and prerrrium costs may be deducted from payments clue to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged. Coverage will not extend to any indemnity coverage ror the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b). 7-3.2 IND—FINIl IFICA`9"ION AND DL"FEk HC l 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, errIployees, and agents, or to others on account of the performance or character of the work, unlcrreseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, Frorn and against any and all clainr,s, losses, damage, expenses and liability ofevery kind, nature, and description, directly or indirectly arising from the performance caf the contract or work, regardless of responsibility for negligence., and from any and all claims, losses, danrage, expenses, and liability, howsoever the same may be caused, resulting, directly, or indirectly fi-onr 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 II -B-27 Agreement No. 5559 this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: The Contractor will apply for permits required by the City Building Safety Division. These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed. 7-8.1 CLEANUP ANQ DUS 1" CONT OL Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type street sweeper a minimum of once daily. I1 -B-28 Agreement No. 5559 7-8.1.2 WATERING Water for the laying of dust caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this contract, the Engineer will cause a meter to be installed. All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. 7-8.6 WINIFF'R POlaLl1 ITN CONTROL The following requirements are added to establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean UP of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor. (c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub - grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties. (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 Agreement No. 5559 maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7-9 PROTECTION AND RESTORATION OF EXISTING liMPROVI"l` EN I'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 PUBLIC CONVENIENCE AND SAFETY The following requirement is added to Section 7-10: Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News. 7-10.1 TRAFFIC AND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of 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 1I -B-30 Agreement No. 5559 on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two (2)) at each location, one (1) at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). 7-10.2 STREET CLOSURES DETOURS BARRICADES Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one (1). Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. Where access to driveway or street crossings need to be maintained, minimum 1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7-10.5 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a 11-B-31 Agreement No. 5559 remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 7-15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the Greenbook: For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor, the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3-4 (Changed Conditions) of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the Greenbook. 9-2 LUMP SUM WORK II -B-32 Agreement No. 5559 Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work, 9-3.2 PARTIAL AND FINAL PAYMENTS The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty-five (35) calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Engineer, The City Engineer upon field acceptance and receipt of the final as -built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City II -B-33 Agreement No. 5559 Council for acceptance of the work. Not less than thirty-five (35) calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub -contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract. Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 9-3.3 DELIVERED MATERIALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. 100-1 TERMINATION OF AGENCY LIABILITY 11-B-34 Agreement No. 5559 Before receiving final payment, the Contractor will execute a Release on Contract" form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. - END OF SECTION - II -B-35 Agreement No. 5559 Agreement No. 5559 SECTION III — SPECIAL PROVISIONS 1-0. GENERAL 1-1. GENERAL SCOPE The work to be performed under this Contract shall consist of furnishing all plans, tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The work shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents that may be necessary for the complete and proper construction of the work in good faith shall be provided by the Contractor as though originally indicated, at no increase in cost to the Owner. 1-2. CONTRACT DOCUMENTS The Contract requires, but is not limited to, completion of all work in accordance with the Contract Documents and the following: the latest editions of the Standard Specifications for Public Works Construction (SSPWC, Greenbook), Standard Plans for Public Works Construction. Cross references to portions of the specifications are made for clarifications only, and lack of such references shall not limit the enforcement of all applicable specifications. The Contract documents are complementary, and what is required by one shall be binding as if required by all, in accordance with the order of precedence set forth herein. The intention of the Documents is to include all labor, materials, equipment, services, and other items necessary for the proper execution and completion of the work. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, services, tools, construction equipment and machinery, utilities, transportation, and other facilities and services including temporary piping, pumping, power generating, dewatering equipment and all other equipment, materials and labor necessary for the proper execution and completion of the work. The organization of the specifications into divisions, sections, parts, and paragraphs, and the arrangement of drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of work to be performed by any trade. The Contract Drawings indicate the general arrangement of systems as work included in the Contract. The Contractor shall field verify all dimensions and shall not scale the drawings. Where the exact locations of pipeline sections and structures are not definitely established, the Contractor shall field verify and confirm the information with the City. The Contractor shall follow the Contract Drawings in laying out the work, and shall continually check the various trades to verify that sufficient space is available for the completion of the work. Agreement No. 5559 Maximum space conditions shall be maintained at all points. Where space conditions appear inadequate, the City shall be notified before proceeding with the work. Because of the drawings' scale, it is not possible to indicate all fittings and accessories which may be required. The Contractor shall carefully investigate the structural and finish conditions affecting the work including existing materials and dimensions, and shall arrange the work accordingly, furnishing such fittings and accessories as may be required to meet such conditions, at no additional cost to the City. The Contract Drawings and specifications are intended to be fully cooperative and to agree. Should any discrepancy or apparent differences between plans and specifications come to the attention of the Contractor, or should errors of others affect the work, the Contractor shall notify the City immediately. If the Contractor is aware the work is affected and proceeds with the work without instructions from the City, the Contractor shall repair any resultant damage or defects. All questions regarding the interpretation of plans and specifications shall be clarified by the Engineer whose decision shall be final. Any work called for by the plans which are not mentioned in the specifications, or vice versa, is to be furnished as though fully set forth by both. Where not specifically stated otherwise, all work and materials necessary for each unit of construction, including special construction for any specific brand or shape of materials called for, even though only briefly mentioned or indicated, shall be furnished and installed fully and completely as part of this Contract. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in performing the Contract. 1-3. lll� 1Jl- CT DESCRIPTIO'P The work to be done consists of plugging and filling an existing abandoned 28 -inch -diameter corrugated metal storm drain pipe including: mechanical cleaning, root removal, dewatering, CCTV pipe inspection and report submittal, cutting pipe, plugging pipe, filling pipe, volume calculations, constructing concrete walls at pipe ends, and abandoning pipe sections and all other appurtenances. The work also includes traffic control, excavation, exploratory potholing, shoring, backfill, pavement resurfacing, striping restoration as needed, daily debris removal, and CCTV inspection of crossing sewer mains and laterals after all other construction is complete. No construction shall occur on concrete, sidewalks, any portion of the baseball field, or private property without the approval of the City and the property owner. 1-4. LOCATION OF THE WORK The storm drain begins at the junction structure near the Eucalyptus Drive/Holly Avenue intersection to just east of the property line at 212 Eucalyptus Drive approximately 165 feet north of the Franklin Avenue centerline. 1-5. BIDDER EXAMINATION OF THE JOB SITE The BIDDER shall make a detailed physical inspection of the site before submitting his proposal. It is understood that by submitting his proposal the BIDDER has satisfied himself III -2 Agreement No. 5559 regarding existing conditions and existing access conditions which may affect bid prices for the proposed work. Bidders shall read each and every clause of the specifications, examine the drawings, and shall satisfy themselves by personal investigation of the site as to local conditions including the locations of utilities and other structures. Information derived from record plans, specifications, drawings, or from the City, should be regarded as approximate only and should be approached with caution. The Bidder shall determine the actual conditions and requirements of the work, the character and amount of all classes of labor and materials that may be required, and all circumstances and conditions that may affect the cost of the work. The Bidder shall include prices, all expenses, and costs in their company's bid that may be necessary to complete the project in accord with the requirements of the Contract. 1-6. WORKING DAYS ANDTIME FOR COMPLETION All work is to occur and be completed within the months of June to August, 2018. Contractor will commence work on date specified in the Notice to Proceed to be issued to the Contractor by City of El Segundo Public Works Department. The contractor shall then diligently prosecute the work to completion within FORTY-FIVE (45) WORKING DAYS from the date of the Notice to Proceed. Hours of work shall be limited to 7:00 AM through 4:00 PM weekdays only, unless otherwise specified. No greater quantity of work shall be scheduled at any one time than can be completed in one (1) day, and can be properly conducted with due regard for the rights of the public. No more than one construction location shall be scheduled at any one time unless approved in writing by the City. If applicable, new sidewalk, driveway, or other concrete facilities shall be installed within five (5) working days after excavation. If applicable, the last two weeks of December is considered a moratorium period during which no construction work shall take place on City streets or other public right-of-way. The contractor shall schedule their work such that no excavations are left open during those two weeks. 1-7. TRAFFIC CONTROL PLAN SUBMITTAL At least one week prior to the pre -construction meeting, the Contractor shall submit traffic control plans to the City for review and approval. The plans and any recommended changes will be discussed at the pre -construction meeting. III -3 Agreement No. 5559 1-8 CRI^;- B �l lttl+l."T1ONMMEETING At least one week prior to work occurring, a pre -construction meeting will be held by the City and shall be attended by the Contractor's Project Manager, Superintendent, Foreman, and Subcontractors as the Contractor deems appropriate. Unless previously submitted, the Contractor shall bring a copy of each of the following to the meeting: 1. Contractor and subcontractor contact lists including emergency contact list (Minimum of 3 contacts, home, office, and cellular numbers) 2. Detailed construction schedule showing a. Project start date b. Daily construction activities (e.g. potholing, CCTV inspection, resurfacing, etc.) c. Locations at which the Contractor's employees or subcontractors will be working, if there are multiple project construction phases or multiple project areas within the City d. Test laboratory 28 -day test dates e. Final resurfacing date f. Project end date 3. Procurement schedule of equipment/materials/items requiring long lead time 4. Notice to Property Owners for City Approval 5. Completed and signed No -fee Public Works' Encroachment Permit application for City approval and signature 6. Schedule of values, including lump sum price breakdowns for progress payments 7. Pre -construction video in digital format showing existing conditions in the work area 8. Example of billing invoice 9. Example of written Request for Information 1-8. PERMITS Contractor shall obtain applicable "no -fee" City permits from the Public Works and the Building Safety Departments. Contractor shall also obtain applicable permits from other agencies as required for the project. The Public Works Encroachment permit shall not be issued until all other applicable permits from other departments or agencies have been obtained and copies are submitted to attach to the Encroachment Permit. All noted deficiencies on City permits shall be corrected by CONTRACTOR. The project will not be accepted as complete and the Public Works Encroachment permit shall not be signed off until CONTRACTOR obtains final sign -offs for all other permits. 1-9. RECORD DRAWINGS The Contractor shall maintain one record copy of all specifications, drawings, addenda, change orders and shop drawings, updated on a weekly basis, at the site. The documents shall be kept in good order and annotated to show all changes made during the construction process. III -4 Agreement No. 5559 Within ten days after the completion of contract, the Contractor shall submit one set of red- lined prints of the Drawings which have been marked "RECORD PRINTS" to the City, within ten days after the completion of contract. These drawings shall contain all changes, additions or deviations from the original set of drawings that have been incorporated into the work. 1-10. STANDARDS Section 0-1 on page II -B-1 of these Specifications is supplemented by the following additional requirements: E All work shall conform to the most recent edition of the Standard Plans for Public Works Construction (SPPWC), unless otherwise shown on the plans, or as specified herein. Submittal of a bid will be evidence that the Contractor is familiar and knowledgeable about these specifications. 2. Strict compliance with State and local safety codes will be enforced. 1-11. INSPECTION Section 4-1.3 on page II -13-9 of these Specifications is supplemented by the following additional requirements: On all questions relating to quantities, the acceptability of material, or work, the execution, progress or sequence of work, and the interpretation of specifications or plans, the decision of the Engineer is final and binding, and shall be precedent to any payment under the contract. 2. All work and materials are subject to inspection and approval of the Engineer. 3. Legible copies of material/weight certification shall be turned over to the inspector on a daily basis. 4. Inspection of the work shall not relieve the Contractor of the obligations to fulfill all conditions of the contract. 5. Work completed without inspection by the Owner's representative is subject to rejection and of removal at no additional cost to the Owner. Contractor is responsible for coordination of inspection with the Owner's representative a minimum of 48 hours' notice is required for inspection requests. 6. Working on Fridays when City Hall is closed is acceptable; however, if the Contractor requests an inspection on a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. Friday inspection costs cover a minimum four-hour time period and will include any applicable overtime. III -5 Agreement No. 5559 1-12. PROTECTION OF PROPERTY Existing public and/or private improvements, adjacent property, utility and other facilities, trees, fences, sprinkler systems, landscaping, pavements, curbs, gutters, sidewalks, City benchmarks, centerline ties, boundary markers, etc. that are not denoted on the plans to be removed, repaired, replaced, or otherwise changed shall be protected from injury or damage. The use of private property by the Contractor, including the storage of material or equipment and turning around/ parking of the Contractor's vehicles on private property, etc. is prohibited. Any public and/or private property item removed beyond the limits established by the City, or damaged as a result of the Contractor's work, shall be reconstructed or repaired to the City's satisfaction by the Contractor at no additional cost to the City. Use of Utilities The Contractor's use of City utilities shall be by written permit only, obtained prior to construction beginning. The use of any private property utilities by the Contractor is prohibited, including but not limited to, the Contractor's use of water, electricity or natural gas from any private property. 1-13. STORAGE OF MA 1 FRIALS AND EQUIPMENT The contractor shall be responsible for obtaining a site for storage of material and equipment. The site shall not be located within or adjoining the residential areas of the City. Site shall be subject to approval by the City. The City does not have nor does it guarantee any designated property within the City for storage of materials. The sites for stockpiling and batching materials shall be clean and free from objectionable material. If the Contractor finds a private property for storage of his materials, the Contractor shall furnish the City a letter of approval and a letter of release (at the end of the job and cleanup of the storage site) from the property owner for this purpose. The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: 1. Broken concrete shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. 2. The Contractor shall furnish trash bins and place construction debris into them daily. The contractor shall also furnish portable toilet for his/her own workers and all subcontractors. The portable toilet shall be cleaned and content removed frequently. III -6 Agreement No. 5559 1-14, SLJl 'v'1IY MONUMl.N 1` CEN"C 1..RLINF JETAND 1101J 11 ARY MARKERS Prior to construction beginning, the Contractor shall hire a licensed land surveyor to tie out and verify any existing survey monuments, centerline ties or City Boundary markers that may be affected by the project. The Contractor shall require the land surveyor to file corner records with the City; and to re-establish any such monuments, benchmarks, or City Boundary markers damaged or destroyed during construction and to file corner records with the City of El Segundo Public Works Department after replacement. The City shall determine which monuments found and listed in Contractor's Surveyor's letter are to be tied out and re-established. 1-15. S 8 O.,Ry1 WATHIR Pt:)1,1,[1 I"ION 1111 13VFNIJON Contractor shall comply with the requirements of the Manual for the Standard Urban Storm Water Mitigation Plan (SUSMP), Los Angeles County Department of Public Works (LACDPW), and maintain compliance throughout the project. A detailed site specific plan shall be submitted for review and approval before any clearing, grubbing, landscape removal or excavation is commenced The Contractor shall be responsible for maintaining all Storm Water Pollution Prevention BMP's throughout the construction period. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution and shall conduct and schedule its operations as so to minimize or avoid muddying and silting of said channels, drains, and waters. Nearby catch basin and storm drain openings must be protected with felt and sand bags to ensure that there will be no spillage into the City storm drain systems. NPp)1�S ornPliancc Contractor shall thoroughly clean dust and debris resulting from his operations to comply with the "Clean Water Act." Sweeping, wet vacuuming, and/or other approved measures of removing such debris shall be taken during the removal and construction operations. No dust or debris shall be deposited or discharged into the storm drain facilities. The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set at least eight (8) hours. Disposal of water shall be the sole responsibility of the Contractor. Disposal methods shall conform to the Porter -Cologne Water Quality Control Act of 1974, the Federal Water Pollution Control Act Amendments of 1972, and the California Administrative Code, Title 23, Chapter 3. Contractor shall not discharge or permit to be discharged to any street, channel, river, storm drain, or any appurtenances thereof, any non -rain water or other fluid substance from the III -7 Agreement No. 5559 project or from operations pertaining to the project site without first securing a valid National Pollutant Discharge Elimination System (NPDES) permit unless the discharge is specifically listed as exempt or conditionally exempt in the most current list issued by the Regional Water Quality Control Board, Los Angeles Region. 3,ust NIgnagement_Practices Contractor shall implement all necessary Best Management Practices (BMPs) to ensure that any conditionally exempt discharge meets all current requirements of the Regional Water Quality Control Board and City. City may prohibit or restrict any discharge if, in its sole discretion, the discharge is polluting, unsafe, or causes a nuisance condition to be created. Contractor shall reduce the discharge of pollutants in stormwater runoff to the maximum extent practicable by the effective implementation of appropriate BMPs. The following are the minimum requirements: 1. Sediments from areas disturbed by construction shall be retained on site and stockpiles of soil shall be properly contained to minimize sediment transport from the site to streets, drainage facilities, or adjacent properties via runoff, vehicle tracking, or wind. 2. Construction -related materials, wastes, spills, or residues shall be retained at the construction site to minimize transport from the work area to streets, drainage facilities or adjoining properties via vehicle tracking, runoff, or wind. Non-stormwater runoff from equipment and vehicle washing shall be contained at project sites. 4. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as limiting grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. The selection, submittal, and adherence to BMPs are the responsibility of the Contractor. The selected BMPs must be submitted to and approved by City prior to performing any operation under this contract which will disturb or expose soil, including, but not limited to: excavation, grading, demolition, clearing and grubbing, pavement removal, etc. General Permit Requirements Construction activity that results in soil disturbances of less than one acre is subject to the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) if the construction activity is part of a larger common plan of development that encompasses one or more acres of soil disturbance or if there is significant water quality impairment resulting from the activity. III -8 Agreement No. 5559 If it is determined that the entire site consists of one acre or greater, the Contractor must file a Notice of Intent (NOI) with the State to comply with the terms of the General Permit, and must provide proof of a Waste Discharge Identification (WDID) Number to the City prior to the issuance of a grading permit. The preparation, submittal and adherence to all NOIs, Storm Water Pollution Prevention Plans (SWPPPs), Wet Weather Erosion Control Plans (WWECPs), and Contractor Self -Inspection Forms are the responsibility of Contractor. and Cornp.Lianee Costs The City may restrict the continuation of work if it is determined that the Contractor has not met all the NPDES requirements. The cost of complying with these environmental requirements shall be considered included in the Contract bid price for other items of work unless the cost of compliance is listed as a separate bid item within the bid schedule. 1-16. CLEANUP Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory and neat appearance. Work will not be approved until proper cleanup is accomplished. All cleanup costs shall be absorbed in the CONTRACTOR'S bid. 1XIS o" rewlcar els Concrete demolition and construction shall be per Standard Plans for Public Works Construction, current ADA standards, and City of El Segundo Standards. The Contractor shall inspect all locations called out in the project specifications to determine the extent of the removals needed. Existing Portland cement concrete or asphalt concrete that is broken into pieces to be discarded shall be removed from the project site and properly disposed of the same day. The Contractor shall take care that areas shall be sufficiently watered down during demolition as well as construction for dust control. All removed materials shall become the property of the Contractor and shall be legally disposed of by him away from the site of work. (Note: there are no authorized dump facilities within the City of El Segundo) Spillage resulting from material hauling operations along or across any public traveled way shall be removed immediately by the Contractor at no expense to the City. 1-17.d_%)Q Al., 1"Y A$a l.Jl r i`I ".; All dimensions and conditions shall be verified by the Contractor in the field and the Contractor shall be responsible for correcting any inaccuracies in the work. Any conditions I11-9 Agreement No. 5559 which prevent proper completion of the work shall be reported in writing to the Owner and the Contractor shall assume responsibility for the removal, repair or replacement of existing or previously installed facilities or features as required for the proper completion of the work at the Contractor's own expense. The Contractor shall provide and pay for concrete sampling and testing by an independent testing service selected by the Contractor and approved by the Engineer. 1-18. REPLACI Mk NT OF DAMAG1.; TO EXISTING FA H, x"1u"s The Contractor shall take care to protect -in-place City and private property not within the scope of this project from any damage. If damaged as a result of Contractor's work, public property and private property shall be replaced in type and kind or better. The Contractor shall guarantee to remedy any defects in the repaired areas within a period of one year from the date of final acceptance of the work unless a longer period is specified. The City staff will give notice of observed defects with reasonable promptness. This applies to drainage, landscaping and irrigation systems including, but are not limited to, drainage pipes, irrigation pipes, sprinklers, appurtenances, trees, shrubs, flowerbeds, and native vegetation. City properties shall include, but are not limited to, City parks, sidewalk, parkways, and street right-of-way. The Contractor shall replace and or supply any irrigation system necessary for proper restoration of all landscaping disturbed by the Contractor during the project. The irrigation system shall become the property of the City twelve months after project completion. The contractor shall mark existing through -the -curb drainage systems prior to construction, re- establish them during construction if removed, and ensure they are in good working order after curb construction is complete. The Contractor shall relocate and/or reconstruct all curb drainage outlets that fall within the project scope and area of work. The cost of this work shall be included in the bid item costs. Any pavement, curb, or sidewalk removed beyond the limits established by the City shall be reconstructed by the Contractor at his own expense and no additional compensation will be allowed. The Contractor shall adjust all meter boxes, manhole covers, vault covers, etc. to finish grade that are located within the project area and will be or have been affected by the construction. The cost of this work shall be included in the bid item costs. 17I-10 Agreement No. 5559 1-19.1IA;-"1,�h1..l11."l'Y Besides any guarantee elsewhere, the Contractor shall and hereby does guarantee all work for a period of one (1) year after recorded acceptance of the work by the City and shall repair or remove and replace any and all such work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expenses whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the above-mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed to have the defects remedied and made good at the expense of the Contractor who hereby agrees to pay the cost and charges therefore immediately on demand. Such action by the City will not relieve the Contractor of the guarantees required by this section or elsewhere in the contract documents. If, in the opinion of the City, defective work creates a dangerous condition or requires immediate correction or attention to prevent interruption of operations of the City, the City will attempt to give the notice required by this section. If the Contractor cannot be contacted or does not comply with the City's request for correction within a reasonable time as determined by the City, the City may, notwithstanding the provisions of this section, proceed to make such correction or provide such attention; and the costs of such correction or attention shall be charged against the Contractor. Such action by the City will not relieve the Contractor of the guarantees required by this section or elsewhere in the contract documents. This section does not in any way limit the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a guarantee for a longer period. The Contractor agrees to act as a co -guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantee or warranty certificates upon completion of the project. No guarantee period whether provided for in this section or elsewhere shall in any way limit the liability of Contractor or his sureties or insurers under the indemnity or insurance provisions of the General Provisions. Agreement No. 5559 2-0. NOTIFICATIONS The CONTRACTOR will notify all agencies listed here in a minimum of forty-eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE 1. Start of work, Floriza Rivera, Public Works Staff 310-524-2361 shutdown of work, Ron Campbell, Waste Water Supervisor 310-524-2754 or resumption of work after shutdown Lifan Xu, City Engineer 310-524-2356 Ken Berkman, Director of Public Works 310-524-2356 2. Closing of streets El Segundo Police Department** 310-524-2200 El Segundo Fire Department** 310-524-2236 ** The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600 2. City of El Segundo — Water Division 310-524-2742 3. City of El Segundo - Wastewater Division 310-524-2754 4. City of El Segundo - Recreation and Parks 310-524-2707 5. Southern California Gas Company 310-671-9002 6. Southern California Edison Company (SCE) 310-417-3366 7. AT&T 8. Time Warner Communication (Cable) 9. Los Angeles County Sanitation District 10. El Segundo Unified School District III -12 310-515-4430 310-768-0400 Extension 414 310-699-7411 310-615-2650 Agreement No. 5559 SECTION IV — MEASUREMENT AND PAYMENT 1-0. GENERAL Bid prices shall be complete for each bid item. All proposed costs for bid items including for alternate bid items shall cover the costs for all mobilization, construction, and demobilization activities required for each item. Prior to construction, the Contractor shall verify all quantities listed and bring any discrepancies to the City's attention. The City reserves the right to request a schedule of values for any bid item to be submitted by the contractor. Should the contractor request and obtain permission to use admixtures for its own benefit, it shall furnish such admixtures and incorporate them in the concrete mixture at its expense, and NO additional compensation will be allowed. Should the City Engineer direct the Contractor to incorporate any admixtures in the concrete when their use is not required by these Specifications, furnishing the admixtures and adding them to the concrete will be paid for as Extra Work as provided in Subsection 3-3 of the Greenbook, as amended by these Special Provisions. Full compensation for removal and disposal of materials required to perform the construction operations specified shall be included in the price bid for the item it is incidental to and no additional compensation will be allowed therefore. Allowance for removals and disposals in the price bid for items where it is incidental to shall be included. No extra compensation will be allowed should additional existing areas need to be removed and disposed due to damaged caused by Contractor's operations or due to difficult/arduous field conditions. 2-0. BID ITEMS 2-1N/to ilization/Dehio bilization not to excced 5% maxiniuni of Total Base laid. CR lI n11 Mobilization/Demobilization shall be paid for on a percentage -completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals needed for doing all work involved in mobilization/demobilization, including but not limited to items listed in these specifications in Section V-1, the restoration of landscaping, public and private property damaged during the construction, all other activities to prepare for construction, and all other activities to complete and close-out construction. Mobilization/Demobilization shall be performed to the City's satisfaction and no additional compensation shall be allowed therefore. Payment for this item shall not exceed 5% of the total base bid. Agreement No. 5559 2-2. Traffic Control Bid Item 2 Traffic Control shall be paid for on a percentage -completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals needed for doing all work involved in construction phasing and traffic control including the preparation of traffic control plans, placing, removing, storing, maintaining, moving, replacing and disposing of the components of the traffic control system as specified in these specifications and as directed by the City Inspector and no additional compensation shall be allowed therefore. 2-3. Shect,in ., Sh(rin a <tucl IIT ITMITITa �� irl Item 3 ; Sheeting, Shoring, and Bracing shall be paid for on a percentage -completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals needed for doing all work involved in trench sheeting, shoring, and bracing, the preparation of a Shoring Plan by a licensed Engineer, as required under the provisions of Section 6422 of the Labor Code of the State of California, in accordance with the Standard Specifications, per the contract plans, as specified in these specifications and as directed by the City Inspector and no additional compensation shall be allowed therefore. 2-4. Abandon Iixistir 228-latch-Diat'neter Storm Qrain.Pip� Measurement for payment of Abandon Existing 28 -Inch -Diameter Storm Drain Pipe will be paid for at the contract price per linear foot of 28 -inch -diameter corrugated metal storm drain pipe plugged and filled, or removed. Payment shall include full compensation for furnishing all labor, equipment, tools, materials and incidentals needed for mechanical pipe cleaning, root removal, dewatering within the pipe, CCTV pipe inspection and report submittal, removing pipe, procuring customized inflatable plug, installing inflatable and concrete plugs, providing bulkheads as necessary for filling, filling pipe with concrete or cementitious material, submitting volume calculations and verifying pipe is completely filled, solid concrete wall construction, and other necessary activities to abandon all pipe, pipe angled and curved sections and all other appurtenances. The contract unit price shall also include full compensation for exploratory potholing, excavation, pipe fill, shoring, and CCTV investigation of crossing sewer main and lateral pipes, backfill, pavement reconstruction, overlay resurfacing, and striping restoration. 2-4. CCTV Inspection of Sewer Main and Service Laterals (Bid Item ), Closed Circuit Television (CCTV) inspection of sewer main and service laterals shall be paid for on a percentage -completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals needed for doing all work involved with televising sewer mains and laterals from the manhole in the street or from the private property cleanout to the sewer main, in accordance with the Standard Specifications, as shown on the contract plans and per these specifications and as directed by the City Inspector and no additional compensation shall be allowed therefore. CCTV activities include but are not limited to notification of and obtaining permission from private property owners for access to their property and to IV -2 Agreement No. 5559 televise their lateral, choosing the correct size camera to fit the pipes, measuring off the distance to be televised, submitting a detailed CCTV video and report if necessary, as well as all other activities to prepare for construction, and all other activities to inspect the indicated sewer main and service laterals. 3-0. ALTERNATE BID ITEMS 3-1. R emo�val and r-eplaceinCitt f4-inch-thict(Ws�idewalk_w Lq Item Al), Removal and replacement of 4" -thick sidewalk installation will be paid for at the contract price per square foot of concrete installed per location and it shall include compensation for furnishing all labor, equipment, tools, materials and incidentals needed for removal and construction of P.C.C. sidewalk in place. The contract unit price shall include full compensation for traffic control, compaction, formwork installation, expansion joints and details, finishing and curing. The contract unit price shall also include survey activities to inventory and restore centerline ties and benchmarks, complete removal and immediate disposal of existing sidewalk, removal of vegetation as necessary, and the restoration of landscaping, public and private property damaged during the construction, to the City's satisfaction. 3-2. lWnoval and ie,placwement of 6 inch thick drivewa pproach incltiding �"ea��.�val_and replacemcnt a)ljj wacent„slot paving .xBid Item A2 Measurement for payment of 6” thick driveway approach installation will be paid for at the contract price per square foot of concrete installed per location and shall include compensation for furnishing all labor, equipment, tools, materials and incidentals needed to construct P.C.C. driveway approach in place, as well as any curb, gutter and asphalt slot paving to be constructed per these specifications immediately adjacent to it. The contract unit price shall include full compensation for traffic control, compaction, formwork installation, expansion joints and details, finishing and curing, and temporary access ramping. The contract unit price shall also include survey activities to inventory and restore centerline ties and benchmarks, complete removal and immediate disposal of existing driveway approaches and adjacent concrete curb, gutter or asphalt, removal of vegetation as necessary, as well as the restoration of landscaping, public and private property damaged during the construction, to the City's satisfaction. 4-0. Pa ment of any Change Order Items Payment of any Change Order item shall only occur if the item is added to the project scope through both a change order agreement and an amendment agreement. Cost of the additional work similar in type and scope mentioned under Section 2-0 above shall apply the unit price used by the bidder. Both agreements shall be completed by the Contractor and the City and the original purchase order updated prior to payments occurring for the change order items. IV -3 Agreement No. 5559 A change order agreement greater than 25 percent of the original bid/contract amount also requires the approval of City Council before the purchase order can be updated and any payment processed for the change order. 5-0 PROGRESS PAYMENTS The Contractor shall be responsible for submitting payment requests at least one week before the Finance Department due date provided by City staff. Payment requests should include the following information: 1. Company name and contact information 2. Project name and PW number 3. Date of payment request 4. Internal company invoice number 5. Itemized list of bid items to be paid 6. Lump sum bid items billed on a percentage completed basis. 7. Quantified bid items billed on a units -completed basis. 8. If applicable, Change Order number and amount due billed on a percentage - completed or units -completed basis as necessary 9. Total amount due for the invoice 10. 5% retention amount for the invoice 11. Amount payable (total amount minus retention) for the invoice City staff reserves the right to return a payment request to the Contractor for revision if items are incorrectly billed or discrepancies are found within the payment request that do not match City records for units or percentage of the work completed. IV -4 Agreement No. 5559 SECTION V — TECHNICAL SPECIFICATIONS 1-0. MOBILIZATION Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: 1. Obtaining all required permits, and licenses 2. Submittal of Construction Schedule, Contractor Contact List, Centerline Tie Inventory and Notices to Property Owners for City approval 3. Completing and submitting required project documents in a timely manner 4. Moving on to the site of all Contractor's equipment required for operations 5. Providing on-site sanitary facilities 6. Arranging for and erection of Contractor's work and storage yard 7. Posting all OSHA required notices 8. Submittal of the following forms for City approval: Invoice, Request for Information and Change Orders and any other forms that may be required as part of the Contract. These approved forms shall be used throughout the duration of the project. 9. Notification of property owners and residents and posting No -Parking notices 10. Re -notification of all residents for all construction schedule changes 11. Videotaping and photographing the condition of the entire site prior to construction. 12. Providing traffic control as required per W.A.T.C.H. manual, including submitting traffic control plans for each phase of the work at least two weeks prior to construction beginning. 13. Potholing. 14. Surveying and construction staking as needed and preservation or replacement of all benchmarks, monuments, or boundary markers. 15. Coordination with utility agencies, street sweeper, waste hauler, post office, and other contractors to avoid conflicts during project activities 16. Attending a weekly project meeting at a time and at a location agreed upon by the City and the Contractor. 17. Clearing and grubbing, landscape, tree stump, or tree root removal as necessary for construction. Landscape replacement as necessary. 18. Removal of all formwork, nails, stakes, excess dried concrete, excess asphalt, and other construction debris from the project sites. 19. Complete removal of all USA markings after new improvements are installed. 20. Restoration of private and public property to existing standard conditions or better 21. Demobilization 1-L CLEARING �GR1l11N0AND LANDSCA 1", REMOVAL Clearing, grubbing, landscape and sprinkler removal shall take place as necessary for all construction activities to occur, including but not limited to Section 300-1 of the Standard Specifications. Costs for clearing, grubbing, or landscape removal shall be included in the bid prices for the different bid items. All such removals shall take place prior to excavation for construction. Where necessary, the contractor shall replace residential landscaping or sprinklers damaged by construction after construction is complete. AN Agreement No. 5559 1-2. TREES AND TREE ROOTS Definitions For the purposes of the project, the City defines the following terms to be used by City representatives and the Contractor for the duration of the project: Tree trunk: the above -ground stem and main wooden axis supporting the tree and its branches. Tree stump: once a tree has been felled, the small remaining portion of the tree trunk often with the roots still attached. Tree roots: the parts of the tree that originate horizontally from the tree trunk at ground level and attach the trunk to the ground. Tree roots are found both above ground and underground, and can be different diameters. Regardless of their diameter, all tree roots encountered on the project site shall be considered roots by the Contractor and all shall be removed in the same manner by the Contractor per these specifications if they conflict with the project. Tree Stump or Tree Root Removal No trees or significant tree roots stabilizing a tree shall be removed from public property without the approval of the Recreation and Parks Department. If applicable, live tree roots in the way of construction and whose removal may cause the instability of a nearby tree shall be inspected by the Recreation and Parks Department at the Contractor's request to ascertain if tree root barrier installation, tree root cutting, or full tree removal is necessary. The Contractor shall carry out Recreation and Parks' recommendation under their supervision. The cost of this work shall be included in the other bid item work costs. Any vegetation or tree root removal necessary for the project's successful completion shall occur before any final resurfacing. If applicable, the Contractor shall remove existing tree stumps and related tree roots in the project area if they conflict with construction. The entire stump and its roots shall be removed to a minimum of two (2) feet below finish grade. At locations where only tree roots are encountered, the Contractor shall cut out the tree roots to the full cross section of the new work a minimum of two (2) feet below finish grade under supervision of the Recreation and Parks Department. The cost of this work shall be included in the other bid item work costs. Where tree roots have damaged and uplifted the asphalt to be replaced per these specifications, the contractor shall sawcut the asphalt beyond the damaged area by a minimum of six (6) inches in all applicable directions. Two sides of the rectangular sawcut shall be parallel to the nearest existing curb face. The Contractor shall cut all interfering tree roots, and remove and repair the portions of damaged asphalt, including the underlying base as necessary. The cost of this work shall be included in the other bid item work costs. V-2 Agreement No. 5559 1-3. 1JNDEI G1WUNQ SER. lCF AI l,AT Underground Service Alert, 1-800-227-2600, shall be contacted with at least two (2) working days' notice, and the contractor shall determine the exact location of all utilities prior to beginning excavation and construction. If conflicts are discovered, the Contractor shall notify the Engineer immediately. A detailed description of the depth and location of utility conflicts in relation to the proposed storm drain facilities shall be provided to City Inspector as well as the applicable utility agency. A list of utility agency and waste hauler contact number is included in the Appendix. 1-4. NOTIFICATION The Contractor shall submit all required resident and property owner notices to the City at the pre -construction meeting for approval. Notices shall include the project times, dates, working hours, and description of project activities. The Contractor shall hand -deliver two (2) approved Notices to Property Owners regarding the work to affected property owners. The first shall be hand -delivered at least two weeks before the project begins construction. The second notice shall be attached to a red information hanger provided by the contractor and placed on the front door of every residence/business in the project area. Notices shall include the project times, dates, working hours, description of project activities, and description of any steps required of owners and residents to ensure safety and successful construction. In the case of multi -unit dwellings or multi -unit commercial buildings, the Contractor shall ensure that the property manager for the facility is also twice notified one week before and 48 hours before the imminent construction. Contractor shall respond to any complaints received from a property owner (business or resident) and contact the complainant within one (1) working day. The complaint shall be resolved within two (2) working days from the date on which it was received. Contractor shall adjust its schedule in order to allow affected Businesses to operate as regularly scheduled Motorist Notification See also Section 15, Traffic Control. To notify motorists of temporary parking restrictions due to construction, and based on the approved construction schedule, the Contractor shall place delineators and shall post "TEMPORARY NO PARKING" signs on affected curbs seventy-two (72) hours in advance of the construction, to alert motorists that parking shall not occur at the location and for what length of time. The signs are subject to prior City approval. (See Appendix for City Standard detail for "Typical Temporary No Parking Sign".) The Contractor shall inform City staff daily of all locations being worked on and all locations being posted for that day for TEMPORARY NO PARKING. The Contractor shall notify City staff and Police Department after every posting or re - posting of applicable No Parking notices, to allow the 72 -hour waiting period to begin. V-3 Agreement No. 5559 The dates and times on the signs shall be site specific and shall cover the minimum time required for "NO PARKING" to facilitate construction. Generic long-term "NO PARKING" time designations are not acceptable. Parking shall not be restricted during any period when construction activity is not scheduled at this particular site. The contractor shall notify motorists of impending temporary detours at least seventy-two hours prior to their occurrence, through the use of traffic control devices and postings. Waste Hauler. Street Swee er, and Post Office Notification, The Contractor shall notify in writing and coordinate with the City waste hauler and the City street sweeper to avoid construction conflicts on days when trash will be collected or streets will be swept on the project streets. If necessary, the Contractor shall also notify in writing and coordinate with the US Post Office to ensure that mail will be delivered without interruption. Copies of notices delivered to these three agencies shall be submitted to the City. Re -notification Any changes to plans and schedules must be submitted to staff prior to their occurrence. If necessary, the Contractor shall re -notify residents, property owners, and motorist. I'1�E-f ONSTRUQ T] ON Vll)l','O OF EXISTING CONDITIONS Prior to commencing any work, the Contractor shall prepare a pre -construction video in digital format to illustrate all areas that may be disrupted by the work. Include on the video right-of-ways, construction access roads, all public and private streets used for access to and from the work site, environmentally sensitive areas, and other such areas as directed by the City that may be disturbed or which are to be protected from the Contractor's operations. Notify the Owner so that the Owner may accompany the Contractor during the videotaping. Deliver one (1) copy of the digital video file to the Owner at the pre -construction meeting. The City will review the digital video file for content, coverage, and quality prior to the construction beginning. The Contractor shall retake any portion of the digital video file not of clear focus, color, or adequate coverage, as determined by the City, with a digital still camera or digital video camera. The Contractor shall deliver one (1) copy of the final digital video file and digital still photographs to the City prior to the work commencing. 1-6. DEMOBILIZATION Demobilization shall include all activities for the Contractor to remove all equipment, on-site sanitary facilities, etc. from the project areas after construction is complete. Demobilization shall also include general cleanup activities and specific punch list items and cleanup activities determined by the City Public Works Inspector, to repair or replace any private or public facilities damaged by the construction and return public right-of-way to the same or better condition as that existing prior to construction. V-4 Agreement No. 5559 2-0. CONSTRUCTION MATERIALS The City shall have the right to inspect sources of materials to be used in the work to determine workmanlike procedures used by the materials supplier. 2-1. PLUGS To plug the pipe section immediately west of the 212 Eucalyptus Drive property line, the Contractor shall use a customized inflatable Petersen 124 Series Heavy Duty Pipe Plug without By -Pass, Item 124-030. The Contractor shall request that manufacturer customize the plug to accomplish the following: 1. Configure the plug to tightly fit into the existing 28 -inch corrugated metal pipe diameter 2. Configure the plug to reach an inflated length of six (6) feet 3. Configure the plug so that the Contractor can inject grout into it to completely replace the air space inside the plug once the plug has been fully inflated Plugs used for the ends of the remaining pipe shall be concrete plugs and shall comply with Section 201 of the Standard Specifications, Class 560-C-3250 with a maximum slump of 5 inches. A concrete plug shall be at minimum three feet long and completely fill the pipe diameter including the areas created by the ridges of the pipe's corrugated surface. 2-2. NEA"f CEMENT GROUT Grout mix shall have an approximate cement to water ratio shall be one cubic foot of cement to one cubic foot of water. Bentonite may be added to prevent grout shrinkage. 2-3. CO�N"I"ROLLED LOW S`RE'NGTI-1 MA 1`EMAL CLSM The CLSM used shall be a flowable material and shall have a minimum flow of 8 inches tested in accordance with ASTM D6103. The 28 -day compressive strength shall be between 100 and 200 psi. CLSM slurry fill material shall have the following properties: Cement shall conform to AASHTO M 85 or M 240. Fly Ash shall conform to AASHTO M 295 Granulated Blast Furnace Slag shall conform to AASHTO M 302 Fine Aggregate shall conform to AASHTO M 6 Coarse Aggregate conform to AASHTO M 80 All aggregate material shall be free from organic matter. Water shall be potable, clean and free from objectionable quantities of silty organic matter, alkali, salts and other impurities. Air entraining shall be used if necessary to improve the workability of the mixture in accordance with ASTM C260. Entrained air content shall be between 8 and 20 percent. V-5 Agreement No. 5559 If Contractor shall pump the CLSM mixtures, the mixtures must be proportioned with sufficient fine materials to provide adequate void filling as high pump pressure may cause a loss in air content which reduces pumpability. All costs to deliver, create, and use a flowable CLSM that meets specification requirements shall be included in the bid costs. CLSM that has a non-compliant 28 -day compressive strength shall be removed as directed by the City or its appointed Representative and replaced with CLSM meeting the specifications at no additional cost to the City. 2-4. PORTLAND C_l P LI I t"tlju [Q TATE Concrete structures shall conform to the provisions in Subsection 303 of the Standard Specifications for Public Works Construction. Concrete used in non -precast underground structures or to fill pipe sections shall be Class 560-C-3250 with a maximum slump of 5 inches. If the work is approved through change order, concrete used for sidewalks and driveway approaches, etc. shall be Class 520-C-2500 with a maximum slump of 4 inches. 2-5, II T 911 ASl"l l l.T M, 1'EWA,l,S Asphalt Binder: The grade of asphalt binder mixed with aggregate for hot mix asphalt must be PG 64-10. The grade of tack coat to be used shall also be PG -64-10. Aggregate: The aggregate for hot mix asphalt shall be 3/4" for lower lifts. The surface course (final lift) shall be ''/z" aggregate size. 2-6. TIAl FIC" S, wl'"ING A.NJ PAVE"MEl" T TVIARKI GS Traffic stripes, pavement markings of arrows, symbols, numbers and words, and curb markings shall conform to the California Department of Transportation Traffic Stripes and Pavement Markings Standard Specifications, Section 84, current edition. Pavement markings and striping to be re -striped sliall be thermoplastic. All stencils and templates shall be identical with those used by tile (Ity of El Segundo andltsar California Department of Transportation Standard Plan A24 D & E. 2-7. q LUla Fll l': 11 1 I Al 'T I'A l Mt'.,"N " M ill l Two-way blue retroreflective pavement markers (4" x 4") shall be of the prismatic reflector type as specified in Section 85-1.05 of Caltrans Standard Specifications, current edition. V-6 Agreement No. 5559 3-0.(�( �.� 11 t IC��I`l i 1:,1"I -IO S 3-1. CL 0SI 1) CII (t,il,� l i l l°;VISIOfi�I Chu 1" .� S1�1e�::""1�101�' The entire existing 28 -inch storm drain main line shall be mechanically cleaned of roots and debris, dewatered, then inspected by closed circuit television (CCTV) after completion of trench backfill but prior to the placement of permanent trench resurfacing, to determine the existence and extent of any obstructions, structural deficiencies, or sags. The Contractor shall do televising. The City reserves the right to re -televise any portion of the storm drain after filling the pipe has begun, but before acceptance by the City, to determine the existence and extent of any foreign material or obstructions such as, but not necessarily limited to, cement grout, wood, rocks, sand, or roots, and to determine the completeness of the plugging and filling operations or other contract work. The Contractor shall submit a copy of each inspection video to the City, with the videos labeled to identify the pipe inspected and the (late the inspection was performed. Two (2) working days shall be allowed for the City to review the video. (C 1.V, VideoIe- q LI -Ir iwrrrertts CCTV inspection videos shall be captioned to identify the pipe inspected (e.g. Eucalyptus Storm Drain from Junction Structure to Former Angle Point, Sewer Lateral at 212 Eucalyptus Drive), the date inspected, the access location, the distance within the pipe section as the camera travels through it, and the section's ultimate length. The counter units shall be feet and shall be set to 0.00 at (lie beginning of each CCTV pipe section inspection. lief icicncies sags, instances of root intrusion within the pipe, or other conditions that could interfere with construction or, in sewer main/lateral operation, shall be identified in the video. (C,'1 V I�eL)ort 1icrrMnt Should deficiencies or sags be noticed during the (,'CTV inspections that may interfere with storm drain pipe 1)lugging and fil ling, or sewer main/lateral operation, apaper report sl� ad1 be created and submitted to the City identifying the distance from the access point to those locations and the type, of deficiency. A picture of each deficiency shall be in the report. If deficiencies or sags are discovered, two (2�) working days shall be allowed for the City to determine whether the deficiencies or sags are repairable in place, l f the City determines that the deficiencies or sags are not able to be filled in place, the a ffected portion(s) shall be removed, the pipe ends plugged and walls built to carp them per these specs hcations, and the trench backfilled and resurfaced after the remaining pipe sections are filled. 3-2. , jJ VmIµ;YING t!Lvgyonui� nu, Cjeld ' ea tch In accordance with Section 8771 of the Business and Professional Code, the Contractor shall hire a licensed land surveyor to inspect the proµject limits and identiCy all survey rilonumcrlts found, "f"he project shall be inspected following the City's notice to proceed and prior to beginning construction. "I'lie Contractors surveyor shall submit to the City, a letter stating V-7 Agreement No. 5559 that a reasonable and diligent field search was conducted and list the monuments found. The letter shall be submitted to the City prior to start of construction. The City reserves the right to verify all staking and monumentation for horizontal and vertical accuracy. Any staking, monuments or reference points (centerline ties) found to exceed allowable error shall be reset at the sole expense of the Contractor and no additional compensation will be made therefore. All work shall be done by or under the direction of a Professional Land Surveyor or a Registered Civil Engineer licensed to practice land surveying. Prior to the commencement of construction, the Contractor shall obtain centerline tie notes available at the City of El Segundo Public Works Department to determine which monuments may be affected. All monuments that are within three (3) feet of the proposed construction shall be perpetuated by the witness monuments shown on the City of El Segundo Monument notes or by a minimum of four (4) centerline tie points set in existing curbs or other durable features in the near vicinity of the Monument that is being perpetuated with a measured distance from each tie point to the centerline monument. Tie point monuments shall be of the character approved by the City of El Segundo. After construction replace all monuments disturbed or destroyed by construction in kind. Set Class "C" well monuments per detail available at the City of El Segundo; all other monuments shall be of a character approved by the City of El Segundo. Measure new tie distances to the replaced centerline monument and submit centerline tie notes and corner records prepared by the Contractor's surveyor, to the Engineer and to the County Surveyor's office for approval. The Contractor shall determine all monuments that need to be replaced prior to construction. Construction Staking Vertical and horizontal datum are based on the coordinates and benchmarks shown on the original drainage improvement plans. If necessary the Contractor shall establish other control and reference points as required to properly layout the Work. As part of the base bid price, the Contractor shall provide construction staking if necessary for the construction, and shall be responsible for any errors resulting therefrom. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Plans and as required for the proper operation and function. The Contractor shall stake its work limits. In all questions arising as to proper location of lines and grades, the City's representative's decision will be final. The Contractor shall preserve all benchmarks, monuments, centerline ties, and painted City boundary markers, as applicable. In case of their removal or destruction by its employees or by its subcontractors' employees, the Contractor shall be responsible for the accurate replacement of such reference points by professionally qualified personnel at no additional cost to the City. V-8 Agreement No. 5559 Tie -Out & Re-establish Survey Monuments and Benchmarks In accordance with Section 8771 of the Business and Professional Code, the Contractor will be required to hire a licensed land surveyor to tie out monumentation affected by the project prior to commencement of construction and require the land surveyor to file corner records with the City Engineer; and re-establish any such monuments or benchmarks damaged or destroyed during construction and file corner records with the City of El Segundo Public Works Department after replacement. The City shall determine which monuments found and listed in the Contractor's Surveyor's letter are to be tied out and re-established. 3-3. I`,XPLORA'I'MY POTIJOLjING At the locations desired by the contractor and as directed by the City, the Contractor shall pothole for pumping locations and potential utility conflicts as described herein, and directed by City staff, at least two weeks prior to commencing construction to allow adequate time for the necessary protection, removal and rearrangement of utilities by either the utility owner or the Contractor, as applicable. Prior to potholing, the Contractor shall call USA to locate and mark all existing utilities in the vicinity of the pothole. The potholing and submittal of the results for all pothole sites shall be done as a first order of work so that the City has sufficient time to address conflicts. Removal of facilities installed without utility potholing as herein provided shall be considered work under this Contract, and not extra work. Remove soil by air/vacuum, dust -controlled soil extraction methods. Use care not to disturb adjacent soil. Backfill the pothole with slurry backfill and replace the pavement in kind with hot mix asphalt so that no discontinuity and a smooth surface result. The Contractor shall be responsible for any damages to existing utility facilities during potholing operations. Upon uncovering existing utilities, the Contractor shall provide the City with a surveyed (by California licensed surveyor) location (station, offset and elevation) and description (material, diameter, etc.) of existing utility so that the City may check for clearance from planned construction. The City will have 14 working days to check the utility locations and provide direction to the Contractor. I Xisting utilities Existing utilities are located within the limits of work. The Contractor shall confirm locations of all utilities and protect them in place or relocate them if required. The City has endeavored to locate and show on the Plans the approximate locations of all private and public utilities and facilities to be encountered during construction. However, it is possible that, during the work, unknown substances requiring relocation or protection may be encountered. Such unknown substructures will generally fall into two classes: Class I — Those requiring relocation or protection involved an outside agency or utility other than the City, and Class II — Those utilities owned by the City requiring relocation or protection. V-9 Agreement No. 5559 For Class I utilities, the Contractor shall provide time and working space for protection or relocation activities. For Class II utilities, the City will make arrangements for protection or relocation by the owner, or by the Contractor, or by others. In the event either the protection or the relocation is to be accomplished by the Contractor, change order procedures shall be followed. In the event protection or relocation is accomplished by the City or by others, the Contractor shall provide time and working space. If there is a failure of the Contractor to exercise reasonable care, the Contractor shall at once make adjustments. In the event any such unknown substructures should be disturbed or damaged due to the Contractor's work, the necessary emergency repair shall be done to the satisfaction of and at no further cost to the City. The Contractor shall notify the City in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or rearrangement of utilities, and shall obtain the City's approval of such changes. No additional compensation will be allowed for modifications to trench shoring caused by utility service connections whether or not the utility services are shown on the Plans. 3-4. EXCAVATION AND GRADING All excavation and grading shall conform to the provisions in the Standard Specifications. All excess excavated material, including unsuitable material, shall be disposed of legally offsite as required. Excavated spoils (including asphalt grindings but excluding any contaminated materials) shall be properly disposed of offsite. Where existing asphalt surfacing is to be removed flush with back of existing pavement or concrete, or removed at a specified offset as shown on the plans, the outline of the area to be removed shall be cut to clean straight lines with a power -driven saw to at least the depth of existing AC surfacing before removing the surfacing. Damage to remaining pavement or other existing improvements or facilities during these operations shall be corrected and paid for by Contractor. When a street excavation is made, the existing pavement must be sawcut and removed to clean straight lines, free of irregularities, to a depth sufficient to permit pavement removal without damage to pavement left in place. If a longitudinal pavement joint or edge of pavement is located within 3 feet of the limit of the excavation, the Contractor shall remove all intervening pavement and replace it after completion of backfilling of the trench. Sawcut slurry shall be prevented from entering the storm drain system by covering or barricading storm drains. The Contractor shall vacuum and dispose of slurry off-site in accordance with Section 5-1.20B (4) of the State Standard Specifications. Material excavated in the roadway and not needed for backfill shall be immediately removed and disposed of by the Contractor. Surplus materials shall be properly stored according to Best Management Practices. No surplus materials shall be placed on private property. [15[17 Agreement No. 5559 3-5. PUMPING ACTIVITIES IE Past CCTV footage of the storm drain has revealed standing water in the pipe. Dewatering for the pipe shall begin when water is first encountered, and shall continue until plugging and filling operations can occur. This section specifies requirements for dewatering and disposal of water from the pipe sections or, if necessary, the excavations. Standing water in the pipe during CCTV inspection or filling will not be allowed. The Contractor shall dewater existing storm drain pipe, as required, in the presence of the City Inspector. The Contractor shall perform this work during summer months. However, if an unforeseen rain or other event occurs that results in a significant amount of water entering the excavations, pumping and dewatering may also be required in those instances. Surface runoff shall be diverted prior to it entering excavations to maintain the bottom of the excavation free from standing water. Connections shall be made only in the presence of the City Inspector and no connection work shall proceed until the City has given notice to proceed. CONTRACTOR shall furnish all pipe and materials, including furnishing all labor equipment necessary to make the connections, all required excavation, bracing, shoring, backfill, pavement and replacement, lights and barricades, and CONTRACTOR may be required to include a water truck, highline hose and fittings as part of their equipment for making the connections. The City does not warranty the condition of the existing facilities. It is the Contractor's sole responsibility to provide acceptable pressure testing if needed for connections. Pumping shall be done in such a manner as not to damage private or public property, create a nuisance or public menace, impede traffic flow, or impede access to adjacent private property. Removal of manhole cones and covers is allowed if needed to fit the hoses into the manhole. Contractor shall replace manhole cones and covers according to City standard details after removal of the pumping system. The pumped water shall be in an enclosed hose or pipe that is adequately protected from traffic, and shall be redirected into a storm drain. Protection of the hose from traffic across street intersections shall include traffic -rated steel ramps over the hose. At least one (1) driveway to each parcel along the project shall remain open and unblocked by the hose at all times. Dumping or free flow of storm drainage on private property, gutters, streets, or sidewalks is prohibited. If private property is used for pumping equipment, the Contractor shall obtain written permission from the Property Owner(s) and provide a copy to the City prior to mobilization. The Contractor shall be liable for all cleanup, damages, and resultant fines in the event of a spill. After the dewatering work is completed, all temporary pumping equipment shall be removed. No water shall be discharged into existing sanitary sewers or storm drains without the necessary permissions obtained. The discharge of water from dewatering operations into the sanitary sewer system within twenty four (24) hours of a rain event will be prohibited. V-11 Agreement No. 5559 If the discharge is cloudy, murky, or otherwise colored, or where required by the City, the discharged water shall be settled or filtered using a City approved method to remove sand, silt, and fine soil particles before disposal into any sanitary sewer system. At a minimum, the filtration system should include a filter fabric bag attached to the discharge outlet and a debris trap in downstream manhole(s). If discharge continues to be murky or colored, or if these methods are determined to be inadequate by the City, then additional settlement and/or filtration will be required. Additional treatment may include the use of Baker or Adler tanks, and/or particulate filtration systems. The Contractor shall: Design, provide and maintain, at all times during construction, ample means and devices with which to promptly remove and properly dispose of all water from any source entering the pipe or excavations. Dewatering shall be accomplished by methods that will ensure a dry pipe interior and dry excavations. Provide all labor, materials, and equipment necessary to adequately dewater the pipe or excavations so that pipe and structures that are installed in excavations are free from standing, flowing or boiling groundwater, surface water, storm water, precipitation, or wastewater; filter soil; and prevent loss of ground from dispersion or erosion. Secure and comply with the provisions of permits required for dewatering operations. Comply with all Federal, State, and local laws and regulations concerning environmental pollution arising from construction activities. Drawdown the groundwater level a minimum of one (1) feet below the pipe invert bottom and beyond excavation sidewalls where shoring is not designed to resist hydrostatic pressures. Control the rate and effect of dewatering excavations, if needed, so as to avoid settlement, subsidence or damage to structures or facilities adjacent to areas of proposed dewatering. Use low -noise -level pumps. Be fully responsible and liable for all damages that result from failure to adequately keep the pipe or excavations dewatered, and shall repair, restore and/or replace facilities or structures damaged as a result of dewatering operations. 3-6. SHEETING SHORING' AND BRACING All trenches shall be shored so as to protect workers and to prevent damage to existing fences and structures. Attention is directed to the applicable provisions of Sections 6422, 6423, and 6424 of the Labor Code of the State of California and these Special Provisions. When close sheeting is required, it shall be so driven so as to prevent adjacent soil from entering the trench either below or through such sheeting. Where sheeting and bracing are used, the trench width shall be increased accordingly. V-12 Agreement No. 5559 City staff reserves the right to order the sheeting driven to the full depth of the trench or to such additional depths as may be required for the protection of the work. Trench bracing, except that which must be left in place, may be removed when the backfilling has reached the respective levels of such bracing. Sheeting, except that which has been left in place, may be removed after the backfilling has been completed or has been brought up to such an elevation as to permit its safe removal. Sheeting and bracing shall be removed in such a manner as will insure the adequate protection of the completed structures and adjacent underground or surface structures, and prevent the disturbance of the adjacent ground. 3-7. TRENCH EXCAVATION AND BACKFI H, Keep excavations free from water while construction is in progress. Notify the City immediately in writing if it becomes necessary to remove rock or hard, unstable, or otherwise unsatisfactory material to a depth greater than indicated. Make trench sides as nearly vertical as practicable. Sides of trenches shall not be sloped from the bottom of the trench up to the elevation of the top of the pipe. Excavate ledge rock, boulders, and other unyielding material to an over depth at least 6 inches below the bottom of the pipe and appurtenances unless otherwise indicated or specified. Blasting will not be permitted. Provide protection for roots over one inch in diameter that are cut during construction operations. Coat cut faces with an emulsified asphalt or other acceptable coating formulated to use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. The contractor shall note that trenching for the 28" pipe may exceed 2.5 feet in width and shall take care not to excavate a trench at a known crossing. Trench bedding and backfill for all pipes shall comply with City standards. Slurry cement backfill may be used in lieu of other backfill materials if approved by the City's representative. Unless otherwise informed by City staff, the Contractor shall not open any trenches on concrete or on private property. 3-8. OPEN TRENCH OPERATIONS Open trench operations shall be as set forth in subsection 306-1 of Part 3 of the SSPWC (Greenbook), except as stated below. Removal and disposal of materials shall be as set forth in subsection 300-1.3 of the SSPWC (Greenbook), except that asphalt concrete pavement shall be removed to neatly sawed edges. Pipe bedding and maximum trench width shall be as shown on City of El Segundo Standard Drawing No. WT -11. Minimal cover on all substructures shall be 36 inches or as otherwise specified on the Plan. V-13 Agreement No. 5559 3-9. TRENCH PLATING Any open trenches in the traveled way not backfilled by the end of the working day shall be trench plated or separated from traffic by concrete K -rail. Over holidays and weekends, open trenches must be trench plated so as to permit an unobstructed flow of traffic. Steel plates used for bridging must extend one foot beyond the edges of the trench. Temporary paving materials (premix) shall be used to feather the edges of the plates to minimize wheel impact. Bridging shall be installed to operate with minimal noise. The trench must be adequately shored to support the bridging and traffic. Bridging must be secured against displacement by using adjustable cleats, angles, bolts, or other devices. Only traffic -bearing trench covers shall be used. A Rough Road sign (W33), with black lettering on an orange background, may be used in advance of steel plate bridging. This sign is to be used along with any other required construction signing. The cost for steel plate bridging shall be considered as include in related items of work, and include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved, complete in place and no additional compensation will be allowed thereof. 3-10. TESTING AND INSPECTION Contractor shall schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor shall provide timely notice to all necessary parties as specified in the Contract Documents. Compaction testing of soils and asphalt will be performed by the City, while all other tests shall be performed by the Contractor. For compaction tests the City shall bear the initial cost of testing to be performed by independent testing consultants retained by City. However, the Contractor shall be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. In addition, if any portion of the Work which is subject to testing is covered or concealed by Contractor prior to testing, Contractor shall bear the cost of making that portion of the Work available for the testing required by the Contract Documents, and any associated repair or remediation costs. All materials, equipment, and workmanship used in the Work shall be subject to inspection by City's Inspector at all times and locations during construction and/or fabrication. All manufacturers' application or installation instructions shall be provided to the Inspector at least ten (10) days prior to the first such application. Contractor shall, at all times, make the Work available for inspection. Any Work that fails to comply with the requirements of the Contract Documents shall be promptly repaired, replaced, or corrected by Contractor, at Contractor's sole expense. In addition, if any portion of the Work is improperly covered or concealed by Contractor prior to inspection, Contractor shall bear the cost of making that portion of the Work available for inspection, and any associated repair or remediation costs. If required off-site testing and/or inspection must be conducted at a location more than one hundred (100) miles from the Project site, the Contractor shall be responsible for the additional travel costs required for testing and/or inspection at such locations. V-14 Agreement No. 5559 Contractor shall be solely responsible for any delay occasioned by remediation of noncompliant Work. 3.11 ABANQON L11 !,NT OF EXISTING 28-INCI I STORM DRAIN 1-11111a Removals All material removed, unless designated to be salvaged, shall become property of the Contractor and shall be disposed of offsite. ilg yin tle l'jp At the 212 Eucalyptus Drive location, the Contractor shall ensure that the east end of the plug is located west of the private property line, and entirely under the public right-of-way. The Contractor shall carefully install a manufacturer -customized inflatable plug per Section V-2-1 at this location per the manufacturer's instructions. During installation the Contractor shall protect the 1 -inch discharge valve and also prevent the plug from twisting or folding over on itself. Once the plug has been placed correctly and without damage west of the private property line, the Contractor shall fully inflate the plug with air. The Contractor shall then use neat cement grout to completely replace the air space inside the plug once the plug has been fully inflated. Care shall be taken to stay well within the plug's inflation pressure range. The plug shall be considered full when a steady stream of grout flows out of the discharge valve. Before or after filling the plug with grout, the Contractor shall completely fill in all void space between the filled plug's outer surfaces and the pipe's inner surfaces with grout. The Contractor shall verify the condition of the concrete plug at the junction structure. If the concrete is in poor condition the Contractor shall remove and replace it with a concrete plug per Section V-2-1. In lieu of removing and replacing the concrete plug the contractor may also carefully install a manufacturer -customized inflatable plug per Section V-2-1, the type as the plug used for the 212 Eucalyptus Drive location, at this location at the northwest end. The inflatable plug shall be carefully placed against any existing plug. The procedure for filling the plug first with air, then with grout, and for grouting void spaces, shall be as previously mentioned in this section. No additional cost shall be incurred by the City should Contractor decide to use an inflatable rather than removing and replacing the concrete plug. The Contractor shall protect all existing facilities in place when working at or near the junction structure. The remaining pipe ends shall receive a tight -fitting concrete plug per Section V-2-1 of these specifications. The Contractor shall ensure the concrete completely fills the pipe diameter for a minimum length of three feet. At any location where the Contractor is using inflatable plugs, the Contractor shall first verify whether the corrugated metal pipe is spiral or concentric. It is imperative that the Contractor completely fill in any void space that will remain between the plug and the pipe with grout, and especially in the case of spirally corrugated metal pipe. tistalliM "' aHs a,,ainst the Plu , s V-15 Agreement No. 5559 The Contractor shall construct a wall of concrete against the inflated plug or the fill at the end of a pipe section, to securely close the pipe section. The concrete wall structure shall physically attach to and cover/overlay the pipe length by a minimum of six inches. The wall shall be a minimum of 2.5 feet thick including pipe length coverage, 3 feet wide, and 3 feet high to entirely cover the pipe's diameter. The wall shall be symmetrically centered on the pipe diameter. No wall shall be constructed next to the filled plug at the 212 Eucalyptus Drive location. Eilling fte Pipe Abandonment of the existing storm drain shall include filling of the north -south -oriented pipe sections with Controlled Low Strength Material (CLSM) per these specifications. The northeast -southwest -oriented pipe section attached to the junction structure and the east - west -oriented pipe section at 212 Eucalyptus Drive shall be filled with concrete. The appropriate fill material shall be injected into a pipe section once the pipe plug is in place, completely filling segments to be abandoned. Contractor shall confirm to City staff that the entire volume of the pipe that has not been removed has been filled. Daily reports of the pipe volume filled, volume calculations made, and amount of fill injected between station locations shall be provided by the Contractor to City staff. Watertight bulkheads shall be provided as necessary to facilitate the placement of the (fill material). The fill material shall be thoroughly settled and compacted through the entire depth of the layer that is being consolidated into a dense, homogeneous mass. The Contractor shall provide and install PVC pipe to feed and vent the fill material placement. The number of PVC pipes, size, and length shall be as required and determined by the Contractor. Where new fill material must be placed against existing material, the placement shall be clean of all loose and foreign material. No standing water will be allowed before starting placement of fresh fill material. V-16 Agreement No. 5559 Material Saqij�iiigand Tcstin The Contractor shall obtain three samples of cementitious or concrete materials at point of delivery when used as follows: 1. to fill each pipe section 2. to directly plug a pipe section 3. to fill an inflatable plug 4. to construct a wall that closes a pipe section All samples shall be marked with a different sample number, the date and the description of where the material was used along the project route (e.g. "fill at pipe Section 1, north end; wall at pipe Section 3, south end; etc.). The contractor shall arrange the sampling information in an organized manner and submit a copy of it to the City accompanied by any necessary drawings/sketches to clarify the station and specific location at which the samples were taken. The Contractor shall retain a certified laboratory to test the first two samples from each location for 14 -day and 28 -day compressive strength for the purpose of determining specification compliance. The third sample shall be protected and held by the contractor should the 28 -day compressive strength need to be confirmed. The Contractor shall submit copies of test results to the City and shall discuss with the City all sample results that show that minimum strength requirements for cementitious materials have not been met. The Contractor shall bear the materials and construction costs of any and all activities to resolve the non-compliance issue, including additional sampling and testing, at no further cost to the City. 3-12, WASHING OF CONCRETE TRANSIT MIXERS Concrete transit mixers shall not be washed out on alleys, streets, or parking lots. Also refer to Section 7-8.6 of these Specifications on page Il -B-28 regarding Water Pollution Control for additional requirements. 3-13. RD (OVAL ANIJ REPLA EMENT O [1R1AC ' 1MPROVEI'^ I N l S 3-13.1 REMOVAL OF SURFACE IMPROVEMENTS General Bituminous pavement, concrete pavement, concrete curbs, sidewalks, or driveways, removed in connection with construction shall be removed in accordance with subsection 300.1-3 of the SSPWC (Greenbook), unless otherwise specified in these specifications. Traffic Striping, Curb and Pav merit Markings and Pavement Markers The Contractor shall take inventory of striping to be replaced, including taking pictures, and noting lane widths, stripe length, type, and color etc. before beginning construction. V -l7 Agreement No. 5559 Any City Boundary marker striping within the project area shall be tied out and inventoried by a California -licensed land surveyor. The inventory lists shall be submitted to the City prior to any striping removals. The Contractor shall then remove any traffic striping, curb and pavement markings, and pavement markers that are affected by the construction per subsection 314-2 & 314-3 of the SSPWC (Greenbook). CONTRACTOR warrants, by submission of bid, that he/she has made himself/herself fully aware of the existing traffic control within the project area and the surrounding vicinity, and that he shall replace it in-kind to match existing, after the completion of project. Bituminous Pavement Asphalt pavement shall be saw cut, removed and hauled offsite in the locations where exploratory potholing shall take place or where pipe shall be removed and where fill shall be pumped into the pipe sections. Where the edge of the excavation of the existing pavement comes within three feet of the outer edge of a gutter line or curb face, the existing paving shall be removed (full depth removal) all the way to the gutter line or curb face and the new pavement laid all the way to the gutter line or to curb face. Where the edge of the excavation of the existing pavement is more than three (3) feet from the outer edge of a gutter line or curb face, the existing paving shall be removed (full depth removal) an additional twelve (12) inches back from the edges of the trench, prior to new pavement laying. In addition thereto, the existing paving is to be mechanically ground down by a minimum of 1 '/z inches by an additional 12 inches width. The permanent paving shall then be extended as an overlay into this area. Should after grinding there remain less than two (2) inches of pavement then the remaining pavement shall be removed and replaced with a full depth permanent pavement. Portland Cement (onorete Pavement Concrete pavement shall be removed to neatly sawed edges. Saw cuts shall be made a minimum depth of 1'/z inches. Where the edge of the excavation of the existing pavement comes within three (3) feet of a construction joint, cold joint, expansion joint, or edge, the existing paving shall be removed (full depth removal) all the way to the joint/edge. Micrcte Curb, Sidewalks. Mutters. Cross rut�tcrs Driveways avid Alm Intersections Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1 %2 inches in either length or width. If the saw cut in sidewalk or driveway would fall within thirty (30) inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within twelve (12) inches of a score mark, the saw cut shall be made in and along the score mark. Cold Milling V-18 Agreement No. 5559 All Cold Milling operations shall conform to section 302-1 of the SPPWC (Greenbook). Existing AC pavement within the project limits shall be cold milled a minimum of 2 inches at the locations and to the dimensions and details shown on the plans, or as directed by the City. The final cut shall result in a uniform surface conforming to the typical cross section. If the presence of pavement fabric, rubberized material, or steel reinforcement is encountered within the depth to be cold -milled, the Contractor shall inform the inspector and City immediately for direction before excavation commences. It is the Contractor's responsibility to remove all the thermoplastic pavement markings prior to the cold milling operation. At all locations where an overlay pavement is joining or overlaying existing asphalt pavement, Contractor shall cold mill existing pavement to provide straight neat lines and feather the new pavement to form a smooth transition with the existing pavement. This condition is particularly required at locations where the project joins the existing pavement. At these locations, Contractor will be required to match the existing pavement elevations. The final cap transition between the streets must be smooth and neat in appearance, including the radius points. The City has made every reasonable effort to locate and mark on the plans all known metal roadway improvements such as sewer manhole covers, water valve covers, and catch basin covers, which if struck, could damage the cold milling cutting drum and/or carbide tipped cutting teeth. The City makes no guarantee that it has successfully located all said items; therefore Contractor shall thoroughly inspect the work site in advance of the cold milling operation to minimize the risk of striking any these items. Care shall be exercised not to damage adjacent concrete curbs or gutters. Curb or gutter damaged due to cold milling work shall be replaced as approved by the City at Contractor's expense. Contractor shall restore any existing area drainage when replacing curb. The Contractor shall not permit residue from grinding to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by sweeping and properly disposed. No washing of residue into drainage structures will be allowed. All catch basins and curb inlets shall be covered, utilizing the BMP which most appropriately fits the situation, and as approved by the City. The Contractor shall make every effort to control all dust created by his operations by utilizing the Best Management Practice approved by the State Water Resource Control Board. Temporary asphalt ramping, where required by the City for traffic control or other purposes, and shall be considered included in the price bid for "Traffic Control" or the most appropriate bid item it is incidental to, and no additional compensation will be allowed. Temporary ramping shall always be installed at steel plate edges and cold -milled pavement edges where the elevation difference between the existing and the cold -milled grade is greater than 1/4 inch. Temporary asphalt ramping shall be not be cold -mix asphalt. V-19 Agreement No. 5559 3-13.2 REPLACEMENT OF SURFACE IMPROVEMENTS General Permanent restoration of surface improvements shall be completed to the approval of the Engineer no later than ten (10) calendar days after the new water line and services have been successfully pressure tested The street surfaces of all excavations shall be restored either initially by temporary paving to be followed within thirty (30) days by permanent paving, or initially by permanent paving. When temporary pavement is placed it shall be brought up to level with existing pavement and maintenance thereafter until replaced with permanent pavement. The final surface course shall be one (1) inch thick. Do not place final surface course until at least thirty (30) days after traffic has been returned to that portion of the street. Full compensation for replacement of surface improvements shall be included in the price bid for the pipeline bid item as no additional compensation will be allowed. Include an allowance for surface improvement replacements in the price bid for items where it is incidental to. No additional compensation will be allowed should additional areas need to be replaced due to damage cause by Contractor's operations or due to difficult/arduous field conditions. Sub -grade Preparation Sub -grade preparation shall be in accordance with subsection 301-1 of the SSPWC (Greenbook). The sub -grade (bedding and backfill) shall be compacted to a minimum of 90% relative compaction, with the exception of the upper six (6) inches of subgrade which shall be compacted to a minimum of 95% relative compaction. Compaction methods shall comply with the SSPWC (Greenbook) ASTM D1557 for laboratory and ASTM D2922 or D1556 for field. Cru laod Agu gate 1 4 se Crushed aggregate base shall be in accordance with subsection 200-2.2 of the SSPWC (Greenbook) and shall be installed in accordance with subsection 301-2 of the SSPWC (Greenbook). The aggregate base shall be compacted to a minimum of 95% relative compaction. Compaction methods shall comply with the SSPWC (Greenbook) ASTM D1557 for laboratory and ASTM D2922 or D1556 for field. Aggregate base shall be two (2) inches greater than the existing base, but not less than six (6) inches. V-20 Agreement No. 5559 Prime Coat All areas to be paved shall receive prime coat at the rate of 0.10 and 0.25 gallon per square yard, per subsection 302-5.3 of the SSPWC (Greenbook). Prime coat liquid asphalt shall be Grade (SC -70) in accordance with subsection 203-2 of the SSPWC (Greenbook). Tack Coat All surfaces to receive finish pavement shall be uniformly applied with a tack coat of PG 64- 10 paving asphalt of an approximate rate of 0.05 gallon per square yard, or Grade SS- lh emulsified asphalt at an approximate rate of 0.05 to 0.10 gallon per square yard in accordance with subsection 302-5.4 of the SSPWC (Greenbook). Asl)halt CaIner ete Paveinent Pavement thickness shall be one (1) inch greater than the existing pavement, but not less than four (4) inches. Asphalt concrete base course shall be C2 -PG 64-10 and asphalt concrete finish course shall be D2 -PG 64-10 in accordance with subsection 203-6 of the SSPWC (Greenbook). Construction of asphalt concrete pavement shall be in accordance with subsection 302-5 of the SSPWC (Greenbook). Joining Existing Pavement Where new paving joins existing paving, grind down the existing surfaces twelve (12) inches back from the joint line so that there will be sufficient depth to provide a minimum of one (1) inch of asphalt concrete. Join line shall be straight and edges vertical. After placing the asphalt concrete, seal the join line with liquid asphalt or emulsified asphalt. Hot -Mix ,asphalt 'o��c retc (vena Prior to placement of the overlay, areas of asphalt upheaval and cracks shall be removed and repaired. Asphalt upheaval of cracks in areas scheduled to be resurfaced and not removed by cold milling shall be removed flush by crack planning or other approved methods. Existing cracks or holes t/4 inch or larger shall be cleaned and filled or repaired with liquid asphalt, cold mix, hot mix or as directed by the City. Existing cracks smaller than '/4 inch shall be cleaned of vegetation only. Cleaning of cracks or holes shall be by power brooming, compressed air, or other approved methods. Payment for crack planning and crack preparation shall be considered as included in the unit prices bid for overlay work and no additional payment will be made therefore. Work to be performed under this item shall conform to Section 302-5 of the SPPWC (Greenbook). V-21 Agreement No. 5559 This work shall consist of furnishing, spreading, and compacting a minimum 2" thick hot mix asphalt concrete pavement surface course. This work shall also consist of applying paint binder (tack coat) to the existing pavement surface and vertical surfaces to be joined. Joining existing pavement shall be done to the satisfaction of the City. The finished edge of the new pavement at gutter plate shall be no less than 1/4" and no greater than 3/8" above the existing gutter plate. The Contractor shall be responsible for verifying grades prior to installation of paving. The Contractor shall guarantee positive drainage in all areas. All areas which retain standing water will be corrected as directed and approved by the City at no additional expense to the City. The Contractor shall be responsible for maintaining the location of and access to, all waterline gate valves during construction operations. Payment for overlay shall be at the unit price bid per Square Foot (SF). The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved, complete in place and no additional compensation will be allowed thereof. All properly established sheetflow & flow line slopes slopes and grades shall remain the same after paving as before unless an existing ponding problem is noticed and brought to the inspector or City's attention prior to cold milling. Asp lialt Subrinittals The Contractor shall furnish the City, at least ten (10) working days prior to the start of work, a list of sources of materials together with a Certificate of Compliance and a mix design for the asphalt concrete indicating that materials to be incorporated in the work fulfill the requirements of these specifications. The Certificate of Compliance shall be signed by the material supplier or his representative. It is the intent of these specifications that materials to be incorporated in the work must meet the requirement of these specifications after incorporation in the paved area shown on the plans. The Contractor shall be responsible for all costs associated with the required mix design. All delivery tickets shall have the oil types, oil content, and plant identification on each delivery ticket. Material delivered to the project without such information on the delivery ticket shall be subject to rejection. No payment or compensation shall be granted for material so rejected. Slurry Seal Coat After final paving, apply Type Il slurry seal coat in accordance with subsection 302-4 of the SSPWC (Greenbook) to the entire roadway surfaces, from edge of gutter to edge of gutter. V-22 Agreement No. 5559 Surface Draainaue after Parvin After paving has been installed and compacted, the Contractor shall spray water over the entire paved area in the presence of the inspector and the City. The Contractor shall correct any areas where water collects and does not drain away to the City's satisfaction. l'rarl`1i Stri ailmtg .'arrt� anwr�l Pave ent V'lakwtwngL, and Flavenient Markers Apply temporary traffic striping, curb and pavement markings, and pavement markers as necessary to maintain a safe travel way for pedestrians, vehicles, and emergency operations in accordance with subsections 314-4 and 314-5 of the SSPWC (Greenbook). Place temporary control as soon as the base course of asphalt concrete pavement has been completed. Place in the same configuration as the existing control was. This control shall be considered temporary and is CONTRACTOR'S responsibility to place and maintain. Any striping and pavement markers removed or damaged as a result of construction or to be re -striped as a result of their location within the project area, shall be replaced in kind or better. Prior to re -striping the Contractor shall physically remove any conflicting striping in the re -stripe area. No blackout striping shall occur. Apply permanent traffic striping, curb and pavement markings, and pavement markers in accordance with subsections 314-4 and 314-5 of the SSPWC (Greenbook). Place temporary dribble lines within 24 hours after applying the slurry seal. Place permanent striping, curb and pavement markings, and pavement markers no later than seven (7) calendar days after applying the slurry seal. This control is CONTRACTOR'S responsibility to place. Any City Boundary striping within the project area shall be re-established by the surveyor after pavement resurfacing has been completed. The replaced City Boundary striping shall be two coats of white paint, the second coat installed after the first coat has dried. 3-14. COMPACTION Any subgrade/subbase or trench backfill compaction testing and certification shall be performed by a Geotechnical Engineer provided and paid for by the City. A relative compaction of ninety percent (90%) minimum is required under all asphalt concrete pavement, and ninety percent (90%) minimum under all concrete curb, stamped concrete and concrete slab. The City shall determine the frequency and depth of all compaction tests. The City shall pay for compaction tests that pass the requirements. The Contractor shall pay for all failed compaction tests. 3-15. ASP] IA LT SLOT PAV"1NG Asphalt slot paving shall only occur if concrete next to asphalt pavement (e.g curb, gutter, driveway approaches, or local depressions) are removed and replaced. If asphalt slot paving becomes necessary, it shall be at minimum but not limited to three feet in width, shall occur in the asphalt portion of the street or alley adjacent to all newly installed concrete and shall properly direct storm flow to the storm drain system. Asphalt shall be saw cut for removal. Slot paving shall consist of 6 inches oftV2 -inch-maximum State mix over a 6 -inch base. New V-23 Agreement No. 5559 asphalt shall be feathered to meet existing asphalt, and shall also meet new concrete at a reasonable height and slope to allow proper drainage. Asphalt shall be 6 inches thick and applied in one lift over a minimum of 6 inches of crushed aggregate or crushed slag base. Where a series of cuts are made, regardless of the spacing between individual cuts, the series shall be treated as a continuous open trench and the pavement repair shall be continuous across all cuts. All asphalt concrete pavement shall conform to Section 203-6 of the Standard Specifications and as shown on the details in the plans. Asphalt concrete shall be V2 -inch -maximum State mix unless otherwise specified. Paving shall occur in lifts, after backfill with and compaction of appropriate materials has occurred. All backfilling and paving shall be to the City Public Works Inspector's approval. Paving rollers shall be on the job site before any paving is started. The final height of the new slot paving next to new gutter shall not be more than '/z - inch high. The Contractor shall be responsible for bringing to the City's attention any additional asphalt required for proper drainage prior to any placement of new asphalt. If improper asphalt placement occurs detrimentally affecting drainage, the contractor shall remove and replace the asphalt at no further cost to the City. 3-16. ASPI IA 1..PAVIN ' W . RKl' NSI111" Finish rolling shall be started after the pavement has cooled sufficiently to permit removal of the roller marks and shall be continued in whatever direction is necessary to produce a pavement free of indentations. Roller marks shall be removed by reheating the pavement with hand torches and re -rolling if necessary. Finished Surface The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, irregularities, rock pockets, excessive coarse aggregate, and roller marks. Any ridges, indentations, or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued. The Contractor shall provide sufficient manpower and manual compacting equipment to perform all handwork compaction in unison with the initial compaction rolling. If the handwork compaction begins to lag for whatever reason, the Contractor shall cease paving operations until the handwork compaction is caught up with the rest of the paving operation. 3-17. 1 INISHED PA 1r° ,MENT CONS] DEIA'I IONS All USA markings shall be removed after completion of the work for which the markings were provided, and before Agency's Acceptance and/or approval of the Work. Asphalt concrete pavement not overlaid or slurry sealed as part of the project bid items which is damaged by trenching, potholing or where the contractor otherwise damages pavement shall be slurry sealed after the pavement section is repaired. "Perpendicular" street V-24 Agreement No. 5559 cuts shall be slurry sealed ten (10) feet each side of the cut and for "longitudinal" cuts shall be slurry sealed from pavement lane to pavement lane line for the entire damaged area or as directed by the City inspector. Type I slurry shall be used on non -arterial streets and Type II slurry shall be used on arterial streets. Damaged traffic striping, legends and markers shall also be replaced if damaged. "Patchwork" application of slurry shall be avoided by joining closely grouped areas of slurry applications. Compensation for this requirement shall be considered as included in the prices paid for the related items of work and no additional compensation will be allowed therefore. 3-18. REPLACE SIDEWALK The Concrete for new 4 -inch thick sidewalk shall be Class 520-C-2500. The mix design is subject to review and approval by the City Engineer and no later than 14 days prior to first use. Any change in the mix design shall require approval by the City. Hand -mixing of concrete shall not be permitted. Additional water shall not be added to the concrete mix once it leaves the batch plant. The Contractor shall review all sidewalk within the project area with the City Inspector in the field prior to any construction. The Contractor shall furnish all labor, tools, and materials necessary to construct a minimum 4 -inch thick sidewalk if needed. Sidewalk shall be constructed in accordance with Section 303-5 of the Standard Specifications and shall conform to Standard Plan 134-2. Any vegetation or tree root removal necessary for the construction of sidewalk shall be completed before the replacement of the sidewalk. Sidewalk dimensions shall match the dimensions of the sidewalk to be replaced. All concrete used shall be minimum of 2500 psi at 28 days. The surfaces of all concrete shall receive a wood float finish. All concrete sidewalk shall be installed over a 2" thick ninety-five percent 95% compacted Crushed Miscellaneous Base (CMB) over ninety percent 90% compacted native subgrade. The subgrade shall have a sufficient moisture content such that moisture is not drawn out of the concrete. The Contractor shall make adjustments to meter boxes and electrical pull boxes if encountered to match new grade. Cost of this work shall be included in the bid. The Contractor shall relocate if necessary and reconstruct all curb drainage outlets that fall within the scope of his work. Cost of this work shall be included in the bid. 3-19. REPLACE DRIVEWAY APPROACH The Concrete mix design for new driveway approach shall be Class 520-C-2500. The mix design is subject to review and approval by the City and no later 14 days prior to first use. Any change in the mix design shall require approval by the City Engineer. Hand -mixing of concrete shall not be permitted. Additional water shall not be added to the concrete mix once it leaves the batch plant. The Contractor shall review all driveway approaches on the project with the City Inspector in the field prior to any construction. The Contractor shall furnish all labor, tools, and materials necessary to remove and replace a minimum 6 -inch thick driveway if needed. V-25 Agreement No. 5559 Driveway approaches shall be constructed in accordance with Section 303-5 of the Standard Specifications and shall conform to Standard Plan 110-2. Any vegetation or tree root removal necessary for the construction of driveway approaches shall be completed before the replacement of the approach. Driveway approaches shall be standard size, be constructed of concrete only, with no other hardscape materials or color additives used. All concrete used shall be minimum of 2500 psi at 28 days. The surfaces of all concrete shall receive a wood float finish. Should a driveway approach be excavated at the end of a workday, the Contractor shall provide a temporary access ramp to residences/businesses. The temporary access ramp shall be removed by the Contractor on the following day so that driveway construction can be completed. The cost for placement and removal of the temporary ramp as long as it is needed shall be included in the bid cost for this item. All concrete driveway approaches shall be installed over a 2" thick ninety-five percent 95% compacted Crushed Miscellaneous Base (CMB) over ninety percent 90% compacted native subgrade. The subgrade shall have a sufficient moisture content such that moisture is not drawn out of the concrete. The Contractor shall make adjustments to meter boxes and electrical pull boxes if encountered to match new grade. Cost of this work shall be included in the bid. The Contractor shall relocate if necessary and reconstruct all curb drainage outlets that fall within the scope of his work. Cost of this work shall be included in the bid. Contractor shall have the length of driveway approach, curb, or curb and gutter to be replaced surveyed prior to demolition to determine if the resulting flowline elevations will be feasible. Survey submittals are required where new flowline elevations are proposed (see Appendices). Any items of concern shall be brought to City staffs attention prior to demolition. Survey costs are to be included in the bid item cost. Contractor shall confirm acceptable storm water flow prior to project completion with water tests using a City -approved method of testing. Should water tests fail, contractor shall re -do the concrete improvement until positive drainage is achieved. Water tests and any construction needed to ensure positive drainage, shall be performed at no additional cost to the City. 3-20, MISCELLANEOUS LAlqEOUS ASPHALT It13PAil Asphalt repair at minimum one foot in width, shall occur where directed by the City Public Works Inspector and shall join the surrounding existing asphalt to properly direct storm flow to the storm drain system. Asphalt to be repaired shall be saw cut for removal. The new paving shall consist of 6 inches of '/z -inch-maximum State mix over a 6 -inch base. New asphalt shall be feathered to meet existing asphalt, and shall also meet new concrete at a reasonable height and slope to allow proper drainage. Asphalt shall be 6 inches thick and applied in one lift over a minimum of 6 inches of crushed aggregate or crushed slag base. Where a series of cuts are made, regardless of the spacing between individual cuts, the series shall be treated as a continuous open trench and the pavement repair shall be continuous across all cuts. V-26 Agreement No. 5559 All asphalt concrete pavement shall conform to Section 203-6 of the Standard Specifications and as shown on the details in the plans. Asphalt concrete shall be %-inch-maximum State mix unless otherwise specified. Paving shall occur in lifts, after backfill with and compaction of appropriate materials has occurred. All backfilling and paving shall be to the City Public Works Inspector's approval. Paving rollers shall be on the job site before any paving is started. The final height of the new slot paving next to new gutter shall not be more than ''/z - inch high. The Contractor shall be responsible for bringing to the City's attention any additional asphalt required for proper drainage prior to any placement of new asphalt. If improper asphalt placement occurs detrimentally affecting drainage, the contractor shall remove and replace the asphalt at no further cost to the City. Base material for the reconstruction of the pavement shall be in accordance with Subsection 200-2.2 of the Standard Specifications. A tack coat of PG 64-10 paving asphalt shall be uniformly applied to the surface to be paved. The surface shall be free of water, foreign material, and dust when the tack coat is applied. 3-20. TRAFFIC CONTROL Traffic control shall conform in accordance to the latest editions of the Work Area Traffic Control Handbook, the Caltrans' Manual of Traffic Control in Construction and Maintenance Zones, and the standards contained in the "Manual of Uniform Traffic Control Devices (MUTCD)" and the stipulations set forth in this article. The Contractor is responsible for providing safety with the least possible inconvenience to vehicular and pedestrian traffic during construction. Contractors shall maintain one lane of traffic in each direction at all times unless otherwise approved by City staff. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. The Contractor shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code and the current State of California Department of Transportation "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways." Portable delineators shall be spaced as necessary proper delineation of the traveled way. If traffic cones or portable delineators are damaged, or are not in an upright position, from any cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. At nighttime, in areas where pedestrian and motor vehicle safety along a route is diminished by the construction area, the Contractor shall use lighted barricades as warning equipment. The Contractor shall furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, which on duty, are assigned to give warning to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flagmen" of the Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor, at his expense. V-27 Agreement No. 5559 Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor, at his expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices. The Contractor shall conduct his operations so as to provide reasonable access to the adjacent properties and have no greater length or quality of work under construction than he can properly prosecute with a minimum of inconvenience to the public and other contractors engaged on adjacent or related work. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the Standard Specifications. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Traffic Control Plans The Contractor shall submit traffic control plans for each phase of the work for approval a minimum of one (1) week prior to the pre -construction meeting. Traffic control plans shall be prepared in compliance with the California Manual on Uniform Traffic Control Devices (CA MUTCD). The traffic control plan shall show the location of arrow boards, changeable message signs, lane closures, traffic transitions, k -rail locations, signs and flagmen. No work will be allowed until a traffic plan that applies to each phase has been submitted to the City and approved by the City, and the traffic control has been put in place, including properly trained and equipped flagmen at their planned positions. Traffic control plan shall be to scale and show all adjacent roadways and driveways and all traffic control devices to be used in that particular stage of traffic control. V-28 Agreement No. 5559 ,aIkltaiTil-[I I"r lf1 In no case shall CONTRACTOR provide less than one (1) lane of travel through the construction zone on all of the subject streets. Lane closures shall conform to the provisions in the section of these Special Provisions and MUTCD. All lane closures shall be made in accordance with lane closure chart submitted by the Contractor and approved by the City. Lanes shall not be closed until the area is posted with notification signage in accordance with the traffic control plan. Two-way traffic shall be maintained at all times. Vehicles shall not be stopped or held for more than 5 minutes, and emergency vehicles shall be allowed immediate passage at all times. The Contractor shall maintain access to all driveway approaches as well as to any bus stops if applicable. The Contractor shall notify local authorities of his intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. When "No Parking" signs are to be posted, the Contractor shall provide a minimum of 72 hours advance notice to local authorities. Each vehicle used to place, maintain, and remove components of a traffic control system on multilane roadways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shall not be used on the vehicles that are doing the placing, maintaining, and removing, of components of a traffic control system, and shall be in place before a lane closure requiring its use is completed. If traffic signal inductive vehicles loops detectors and lead-in wiring not designated to be replaced on the plans are damaged during the course of the construction period, they shall be replaced as soon as work is completed or as directed by the City. The cost of replacing damaged loop detectors including detector handholes or any other necessary repairs to the components of the traffic signal system shall be included in the cost of traffic control. No additional payment shall be made therefore. The location of traffic control devices shall be checked by the Contractor especially at the beginning of the work period and periodically throughout the work day, to ensure that the devices are properly placed and maintained. V-29 Agreement No. 5559 Flaggers shall not be used during the hours of darkness unless authorized by the City. To minimize the disruption to public traffic, the Contractor shall: 1. Permit local traffic to pass through the work with the least possible inconvenience or delay. 2. Remove or repair any condition resulting from the work that might impede traffic or create a hazard, including ramping any elevation differences that may be difficult for pedestrians or motorists to see. 3. Keep existing traffic signal and roadway lighting systems in operation throughout the construction work. The Contractor shall be responsible for providing adequate safeguards, barricading, safety devices, protective equipment, and any other needed actions to protect life, health, and safety of the public, and to protect property in connection with the performance of the work covered by the contract. The Contractor shall perform any measures or actions the City may deem necessary to protect the public and property. S Anilme Construction area signs shall be furnished, longer required in accordance with the pi Control" of the Standard Specifications. installed, maintained, and removed when no visions of Section 12, "Temporary Traffic The Contractor shall refer to latest edition of Manual on Uniform Traffic Control Devices and the Uniform Sign Chart, issued by the California Department of Transportation, and shall furnish, maintain and remove temporary traffic stripes and legend, traffic control signs, lights, flares, barricades and other warning devices, and furnish competent flagmen and guards at his expense when required by said chapter. The traffic control system shall be installed on a road prior to starting work for that road and shall not be removed until all work has been completed on that road. Based on the construction schedule, Contractor will notify residents and businesses of the proposed work (as discussed previous Public/Resident Section above) and post temporary "NO PARKING" signs at no cost to the City. Signs shall be posted at all intersections a maximum of 200 feet between signs. Signs may be attached to existing poles or street light standards. When necessary, Contractor shall furnish the posts. Signs shall be posted at least seventy- two (72) hours prior to any construction in the area. Signs shall show specific dates and time of parking restrictions. The dates and times on the signs shall be site specific and shall cover the minimum time required for "NO PARKING" to facilitate construction. Generic "NO PARKING" time designations are not acceptable. Parking shall not be restricted during any period when construction activity is not scheduled at the particular site. On streets where parking is being temporarily prohibited on one side due to construction and where the other side of the street has permanent "NO PARKING ANYTIME" signs, Contractor shall contact the City Police Department and Public Works Department Street V-30 Agreement No. 5559 Division and obtain approval to bag these "NO PARKING ANYTIME" signs until construction has been completed for the subject block. ONCE A SECTION OF STREET HAS BEEN POSTED, FAILURE OF THE CONTRACTOR TO MEET AND COMPLETE THE APPROVED DAILY SCHEDULE DUE TO CONDITIONS UNDER THE CONTRACTORS CONTROL, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR FAILURE TO MEET AND COMPLETE THE SCHEDULE AFTER POSTING, THE CONTRACTOR SHALL PAY TO THE CITY, OR HAVE WITHELD FROM MONIES DUE, THE SUM OF $200 AS LIQUIDATED DAMAGES FOR EACH DAY OF ADDITIONAL POSTING REQUIRED TO COMPLETE THE PROPOSED WORK. REPOSTING AND NOTIFICATION WILL BE REQUIRED FOR EACH MISSED DAY. SAID POSTING AND NOTIFICATION WILL BE AT THE CONTRACTOR'S EXPENSE. 'orrectio¢ls to Traffic Con t1-oJa1md $l :r1,t re Should Contractor appear to be neglectful or negligent in furnishing warning and protective devices, the City Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed immediately by Contractor at his/her expense. Should the City point out the inadequacy of warning and protective measures, such action on the part of the City Engineer shall not relieve CONTRACTOR from responsibility for public safety or abrogate his/her obligation to furnish and pay for these devices. If said devices will be placed or caused to be placed by the City Engineer, the cost of placing such devices shall be the sole responsibility of CONTRACTOR and shall be paid for the rate of $50/hour for labor and vehicle use, $20/day per barricade and any other costs incurred by the City relative to traffic control. Said costs shall be deducted from the total contract price for the work. - END SECTION - V-31 Agreement No. 5559 APPENDICES 1. Project Location Map 2. Typical No Parking Sign — El Segundo Standard ST -18 3. Street Sweeping Schedule 4. Trash Hauling Schedule 5. Standard WT -11 6. Link to CCTV Footage from City Inspection of Eucalyptus Storm Drain 7. 1958 Storm Drain Plan for Eucalyptus Drive 8. Plan Sheets 1 and 2 Agreement No. 5559 APPENDIX I Project Location Map Agreement No. 5559 ........... Storm Drain Pipe Abandonment . ......... . .. ....... .................... W�GS -19184Web Mercator_Atvriliary_Sphere ............. ... . . -- ..... — . ......... L", I 11 d, A Y o Aliandon cxbldng, 28" storm drain T)�pc Legend 0 Catch Basins Storm Drain Lines City Boundary World Street Map ..................................... I Notes . ........................... . PW 18-11: Storm Drain Pipe DISCLAIMER: The infamnalion shown on this map was compiled from different GIs Abandonment on Eucalyptus Drive sources The land owe and twiffly Information on this map is for display purposes only and should not be Wed upon without independent vefilloation as to its accuracy. The City of El Segundo will not be hold responsible for any claims. losses, or demages reauling tho "POI o� iI nAApg --- — --------------- Agreement No. 5559 APPENDIX 2 Typical No Parking Sign — El Segundo Standard ST -18 ,_ 12 . DD i Agreement No. 5559 A A 1' i r i 6� it ( DAY ) ('DATE) f r, r/� j0r ✓u{ r %3 ✓t !9 COLOR LEGEND �E SIGN SHALL BE LIGHT REFLECTIVE AND BE RED MADE OF WATER RESISTANT STIFF CARDBOARD C7 WHITE OR OTHER STIFF DURABLE MATERIAL. r 'z DESIGN BY: P.B. CITY OF EL SEGUNDO, CALIFORNIA APPROVED BY: ENGINEERING DIVISION DATE: I I• 7 - 89 11 d1" DRAWN BY: Y. B. TYPICAL CityEnplmeer:R.E.2 809 Date STANDARD DRAWING NO.� DATE: 11.13. 89 TEMPORARY NO PARKING SIG R Agreement No. 5559 APPENDIX 3 Street Sweeping Schedule Eucalyptus Drive and Surrounding Streets Only Agreement No. 5559 CAN . .. y�.... 5u w Oy u, .4 Nf . . .......... V- - ------------------ �JN IaF _____ �7 Inc fft u CAN . .. y�.... . u, .4 Nf ST Dow 16 CAN Agreement No. 5559 APPENDIX 4 Trash Hauling Schedule 0 Consolidated i5 osal Service Residential Services (800) 299-4898 Construction Debris Collection (310) 527-6980 Bulky to and White Goods Disposal Options American Waste Transfer Station 1449 W. Rosecrans Avenue Gardena, CA 90249 (310) 527-6980 City of El Segundo City Maintenance Yard for Centralized Drop Off of Recyclables and Green Waste 150 Illinois Street El Segundo, CA 90245 www.elsegundo.org (310) 524-2709 City of Los Angeles, Hyperion Hazardous Waste Drop Off /Collection Saturday/Sunday: 9:00 a.m. to 3:00 p.m. 7660 West Imperial Hwy, Gate B Playa del Rey, CA (800) 988-6942 Los Angeles County _HHW Collection Facilities/Events (888) CLEAN -LA [888-253-2652] http://Iadpw.org/ Tree Musketeer (310) 322-0263 www.treemusketeers.org Printed on Recycled Content Paper Printed by American Printing 951-279-0601 Agreement No. 5559 N Sepulveda IIBlvd Pacific Coast Highway Main Street j Dune Strom 1111111 1! Z! IF!" 11111�11�1111111111111 m 0 c M LU M w v m Main Street 651 W 3 Trash and Recycling collection does not occur on the following six holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. When any of these days are observed on a weekday, services will be delayed one day. All other days are unaffected. 01LIDATED DISPOSAL SERVICE iaiy of REPUBLICBERVICES,INC. LL a� c ai a' Ceratcr Street CLQ i LU LU Main Street j Dune Strom 1111111 1! Z! IF!" 11111�11�1111111111111 m 0 c M LU M w v m Main Street 651 W 3 Trash and Recycling collection does not occur on the following six holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. When any of these days are observed on a weekday, services will be delayed one day. All other days are unaffected. 01LIDATED DISPOSAL SERVICE iaiy of REPUBLICBERVICES,INC. Agreement No. 5559 APPENDIX 5 Standard WT- 12`12" 1�1FK-7' iMIN. EXIST. PAVEMENT Ott,, ,v..., ee r ®'MI/ . CR $I E,D " A RE6A E BASE . 6" MIN. E�I � DT.."� RIC' I . 2" GREATER THAN .PIPEO. D. + 16@ MAX', EXIST. BASE PIPE.r + `® . ,... Agreement No. 5559 -- kl— ,77"•/ /x-7-7-77 A ANGLE OF REPOSE 14 r4 0 11 X40111 BEDDING NOTE r 4 5 (IST COURSE) NOTES: I. BEDDING MATERIAL SHALL FIRST BE PLACED SO THAT THE PIPE IS SUPPORTED FOR FULL LENGTH OF THE BARREL WITH FULL BEARING (0.4 O.D. MIN.). 2. IN CASES WHERE NATIVE FREE -DRAINING GRANULAR MATERIAL IS SUITABLE FOR USE AS BEDDING, THE TRENCH MAY BE EXCAVATED TO A POINT ABOVE THE INVERT GRADE AND THE TRENCH BOTTOM HAND -SHAPED SO THAT TFIZ BOTTOM SEGMENT OF THE PIPE IS FIRMLY SUPPORTED ON UNDISTURBED MATERIAL. 3. IF THE MAXIMUM TRENCH WIDTH IS EXCEEDED, ADDITIONAL BEDDING, ANOTHER TYPE BEDDING OR A HIGHER STRENGTH OF PIPE SHALL BE PROVIDED AS DETERMINED BY THE ENGINEER. 4. BEDDING AND BACKFILL MATERIAL SHALL BE COMPACTED TO A MINIMUM W90% RELATIVE COMPACTION, WITH THE EXCEPTION OF THE UPPER SIX (6) INCHES OF SUBGRADE WHICH SHALL BE COMPACTED TO A MINIMUM OF 95% RELATIVE COMPACTION. COMPACTION METHODS SHALL COMPLY WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 5. BEDDING MATERIAL SHALL BE SAND. 6. PRIOR TO INSTALLING FINISH SURFACE COURSE, ASPHALT BASE COURSE PLUS AN ADDITIONAL MINIMUM 12' WIDTH OF EXISTING PAVEMENT ON BOTH SIDES OF MAIN AND LATERAL EXCAVATIONS SHALL BE COLD PLANED SO AS TO RESULT IN A MINIMUM FINISH SURFACE THICKNESS OF 1.5" AND RECEIVE AN APPLICATION OF TACK COAT. 7. SAW CUT AND REMOVE 12" TO CREATE A STRAIGHT EDGE PRIOR TO INSTALLING A.C. BASE COURSE. 8. T -PAVEMENT THICKNESS= EXIST.+ 1" WITH A 4" MIN. FOR A.C. OR 6" MIN. FOR PCC. BASE COURSE = C2 -AR -4000 MIN. 1.5" THICK FINISH COURSE = D2 -AR -4000 CITY OF EL SEGUNDO, CALIFORNIA ENGINEERING DIVISION I V W J (L Ix PIPE ®m . Lu W I Agreement No. 5559 -- kl— ,77"•/ /x-7-7-77 A ANGLE OF REPOSE 14 r4 0 11 X40111 BEDDING NOTE r 4 5 (IST COURSE) NOTES: I. BEDDING MATERIAL SHALL FIRST BE PLACED SO THAT THE PIPE IS SUPPORTED FOR FULL LENGTH OF THE BARREL WITH FULL BEARING (0.4 O.D. MIN.). 2. IN CASES WHERE NATIVE FREE -DRAINING GRANULAR MATERIAL IS SUITABLE FOR USE AS BEDDING, THE TRENCH MAY BE EXCAVATED TO A POINT ABOVE THE INVERT GRADE AND THE TRENCH BOTTOM HAND -SHAPED SO THAT TFIZ BOTTOM SEGMENT OF THE PIPE IS FIRMLY SUPPORTED ON UNDISTURBED MATERIAL. 3. IF THE MAXIMUM TRENCH WIDTH IS EXCEEDED, ADDITIONAL BEDDING, ANOTHER TYPE BEDDING OR A HIGHER STRENGTH OF PIPE SHALL BE PROVIDED AS DETERMINED BY THE ENGINEER. 4. BEDDING AND BACKFILL MATERIAL SHALL BE COMPACTED TO A MINIMUM W90% RELATIVE COMPACTION, WITH THE EXCEPTION OF THE UPPER SIX (6) INCHES OF SUBGRADE WHICH SHALL BE COMPACTED TO A MINIMUM OF 95% RELATIVE COMPACTION. COMPACTION METHODS SHALL COMPLY WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 5. BEDDING MATERIAL SHALL BE SAND. 6. PRIOR TO INSTALLING FINISH SURFACE COURSE, ASPHALT BASE COURSE PLUS AN ADDITIONAL MINIMUM 12' WIDTH OF EXISTING PAVEMENT ON BOTH SIDES OF MAIN AND LATERAL EXCAVATIONS SHALL BE COLD PLANED SO AS TO RESULT IN A MINIMUM FINISH SURFACE THICKNESS OF 1.5" AND RECEIVE AN APPLICATION OF TACK COAT. 7. SAW CUT AND REMOVE 12" TO CREATE A STRAIGHT EDGE PRIOR TO INSTALLING A.C. BASE COURSE. 8. T -PAVEMENT THICKNESS= EXIST.+ 1" WITH A 4" MIN. FOR A.C. OR 6" MIN. FOR PCC. BASE COURSE = C2 -AR -4000 MIN. 1.5" THICK FINISH COURSE = D2 -AR -4000 CITY OF EL SEGUNDO, CALIFORNIA ENGINEERING DIVISION I V Agreement No. 5559 APPENDIX 6 Link to CCTV Footage from City Inspection of Eucalyptus Storm Drain: ttps-.Hgo(() 1./piii. to l)/ (,, 1, 5 .:bA- , iii'T) R. Please note: 1. Storm drain is abandoned and not in use. 2. Video footage is not complete due to existing storm drain conditions. Agreement No. 5559 APPENDIX 7 1958 Storm Drain Plan for Eucalyptus Drive Agreement No. 5559 a e"u. 7,.. '" w ✓y f r 5 w �. � u �✓' . I 11 �. p..w .� was VI411- �n w d �Y I u a a r ��1 1 r% x FGUW1P fNlNF�iTnkhY$RF0. f DDI Pp M 0 I® tl3'9 ur �vT� 25 � [a.�, �•a J jrRACF W 21f1 SF ti ,k1Md y A UC,I 1"} MM 0, 2 'L 141 %I (f,iiPUf I qd Ihr P 1 _...A...._. 6 .. �` tlr tln aEUGAlYF'EH6 "Y ✓'' � Y Y [ """'""""""" � d I „� � �P OR VH a kp °� 1 79 !3 t2 21 2001, 111 I( 16 34 33 32 x III( jjNjI 4 24 F.L SEGWYdD4Y FkPll::&!II' W 3 1 % P 27.. bI a.n RR a M D Id 69 CITY OF EL SEGUNDO ,✓ .,.��...I\JENGINEERING DE FH RIME. Pd I" 9fORN DRAIN W tip' q 5 01E 4 M, 4 NW `.� � x� k'�Y4C44%RY M s' R' rt�iwU m��✓�'y 1,W P .� ........,.......... Agreement No. 5559 APPEN:.IX 8 Plan Sheets 1 and 2 CITY OF EL SEGUNDO DEPARTMENT OF PUBLIC WORKS PW 18-11 (Revised 4/26/18) STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE IICINITV,,M, E u Agreement No. 5559 Agreement No. 5559 L7.1. ... . . . ...... 42 . . .. . ........ 4AI'l MIN, 'Ill ............ ... 4,0 1 ao 9 27 41 24 EL 1- MET 11 3 ------------------ Agreement No. 5559 April 26, 2018 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for STORM DRAIN PIPE ABANDONMENT ON EUCALYPTUS DRIVE PROJECT NO. PW 18-11 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time has been changed to May 15, at 11:00 am in the City Clerk's Office. 2. The mandatory pre-bid meeting date has been changed to May 8, still at 10:00 am in the City Council Chambers. 3. The due date for contractor questions has been changed to May 10, still at 3:00 pm. 4. Please discard any previously received plans and specifications. Please find attached revised plans and specifications to take the place of any that have been received prior to this Addendum. Revised plans and specifications show "(Revised 4/26/18)" under the project number on the first sheet or page. The Appendices remain the same and are also attached. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. Signature: Print Company Name: Page 1 of 1 Date: 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489