CONTRACT 5590 Public Works Contract CLOSED Agreement No. 5590
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
A-1 FENCE COMPANY
ON-CALL FENCE REPAIRS
PROJECT NO.: PW 18-32
This CONTRACT is entered into this 4th day of September, 2018, by and between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and
A-1 Fence Company, a California Corporation ("the Contractor").
1. WORK.
A. The Contractor will provide all work listed in the Contractor's Proposal,
attached as Exhibit"A" (the"Work"). The Contractor agrees to do additional
work arising from changes ordered by the City in accordance with the
Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents.
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to perform
and complete the Work and,provide the services required of the Contractor
by the Contract Documents.
D. "Contract Documents" means the Contractor's Proposal; this Contract;
Standard Specifications, attached as Exhibit "B"; Exhibits; Technical
Specifications; Notice to Proceed; Change Orders; Notice of Completion;
and all other documents identified in the Contract Documents which
together form the contract between the City and the Contractor for the Work.
The Contract Documents constitute the complete agreement between the
City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Ten
Thousand dollars ($10,000.00) for the Work in the manner set forth in the Contract
Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE,
A. The term of this contract shall be for a period on ONE YEAR (the "Contract
Time.").
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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;
i, The Contractor furnishes proof of insurance as required by the
Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered
purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization
to proceed, any such Work is at the Contractor's own cost and risk.
4. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8
California Code of Regulations § 16000, the Contractor must pay its workers prevailing
wages. It is the Contractor's responsibility to interpret and implement any prevailing wage
requirements and the Contractor agrees to pay any penalty or civil damages resulting
from a violation of the prevailing wage laws. See Section 7-2 of the Standard
Specifications.
5. DISPUTES. Disputes arising from this contract will be determined in accordance with
the Contract Documents and Public Contracts Code §§ 10240-10240.13.
6. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City
will promptly inform the Contractor regarding third-party claims against the Contractor,
but in no event later than ten (10) business days after the City receives such claims. Such
notification will be in writing and forwarded in accordance with the "Notice" section of the
Contract Documents. As more specifically detailed in the Contract Documents, the
Contractor agrees to indemnify and defend the City against any third-party claim.
7. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
8. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
9. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by the Contractor under the Contract
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Documents are the City's property. The Contractor may retain copies of said documents
and materials as desired, but will deliver all original materials to the City upon the City's
written notice.
10.INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and
limits of insurance coverage to be maintained by the Contractor as required by the
Contract Documents, and any approval of such insurance by the City, are not intended to
and will not in any manner limit or qualify the liabilities and obligations otherwise assumed
by the Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
11.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and the
manner in which is it performed. The Contractor will be free to contract for similar service
to be performed for other employers while under contract with the City. The Contractor
is not an agent or employee of the City and is not entitled to participate in any pension
plan, insurance, bonus or similar benefits the City provides for its employees. Any
provision in this Contract that may appear to give the City the right to direct the Contractor
as to the details of doing the work or to exercise a measure of control over the work means
that the Contractor will follow the direction of the City as to end results of the work only.
12.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. The Contractor will retain such financial and program service
records for at least three (3) years after termination or final payment under the Contract
Documents.
13.NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The Citv The Contractor
City of EI Segundo-Public Works A-1 Fence Company
350 Main Street 2831 E. La Cresta Ave.
EI Segundo, CA 90245 Anaheim, CA 92806
Attention: Arianne Bola Attn: Erik Brown
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.
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14.NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any other
party. There will be no incidental or other beneficiaries of any of the Contractor's or the
City's obligations under this Contract.
15.INTERPRETATION. This Contract was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this Contract will be in Los Angeles County.
16.EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
17.SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will
continue in full force and effect.
18.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract
and to engage in the actions described herein. This Contract may be modified by written
amendment. The City's city manager, or designee, may execute any such amendment on
the City's behalf.
19.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract,
agreements ancillary to this Contract, and related documents to be entered into in
connection with this Contract will be considered signed when the signature of a party is
delivered by facsimile transmission. Such facsimile signature will be treated in all
respects as having the same effect as an original signature.
20.COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing
such covenants and conditions had been used in each separate paragraph.
21.CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
22.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
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Agreement No. 5590
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO A-1 FENCE COMPANY
a general law city.
e If
ATTEST: , Taxpayer ID No.
TrMyela�v&
City Clerk
Contractor State
License No. ,"..' ". , `„,
APPROVED AS TO FORM:
Contractor City Business
Ma < D. Hensley License No.
City Attorney
Insurance Reviewed by: '” (O- N AI\
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Agreement No. 5590
Aal EXHIBIT A
FENCE COMPANY
2831 E. La Cresta Ave.
Anaheim, CA 92806 State License:528260 Class: C-13, C-23, C-61/28
714-630-3390
FAX:714-630-6013
INFO@AIFENCE.COM
-C LL SE VICESO ATI / SAL
COMPANY A-1 FENCE COMPANY
STREET ADDRESS 2831 E.La Cresta Ave..
CITY,STATE,ZIP Anaheim,Ca 92806
CONTACT ERIK BROWN
NUMBER 714-630-3390
E-MAIL grit�A a,:i fencemcorn
Ln OLI� aifencc-'Com
AGENCY City of EI Segundo
PROPOSAL DATE 9/4/18
JOB ADDRESS 350 Main Street
JOB CITY,STATE,ZIP EI Segundo,CA 90245-3813
CONTACT 310-524-2364
SCOPE OF WORK PROPOSED
A-1 will provide on-call services for fence repairs and installations, as requested
by the City. The representative will review each request on site to identify the
scope of work, materials required and the time schedule required.
Per City requirements, all labor will be paid at prevailing wages, portal-to-portal
unless directed otherwise. Both options are shown.
A written estimate will be provided for each service request.
On-Call Requests:
Minimum charge 4 hours,two man crew paid at prevailing wages: $312.50 per hr.
Minimum charge 4 hours,two man crew paid at standard wages: $202.00 per hr,
Includes truck,standard tools, ladders,welder/generator.
This rate does not include materials or special equipment.
Acceptance of Proposal
The above prices,specification and conditions are satisfactory and are hereby accepted. You are authorized to do
the work as specified.
Date Accepted Authorized by(Name/Title)
Signature
Agreement No. 5590
EXHIBIT B
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS FOR CONTRACTS
LESS THAN$45,000 PURSUANT TO ESMC § 1-7C-4
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.
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PCC—California Public Contract Code.
Prompt- The briefest interval of time required for a considered reply, including time
required for approval of a governing body.
Public Works Director—The City's Public Works Director, or designee.
❑ (Check if applicable) State Standard Specifications - State of California Standard
Specifications,dated July 1992,Business and Transportation Agency,Department of
Transportation
Working Days-A working day is defined as any day,except Saturdays,Sundays,legal
holidays and days when work is suspended by the Engineer,as provided in Subsection
6-3 and days determined to be non-working in accordance with Subsection 6-7,"Time
of Completion."
1-3 ABBREVIATIONS
.................................
The following Subsection is added to Subsection 1-3 of the Greenbook.
1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook:
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APWA American Public Works Association
ASME American Society of Mechanical Engineers
IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
Green Book The most current edition of the Standard Specification for Public
Works Construction, and subsequent supplements prepared by
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 WOR
The following subsections 2-1.1 and 2-1.2 are added to the Greenbook.
2-1.1 ACCESS TO PROJECT SITE
Not later than the date designated in the current Contract Schedule submitted by the
Contractor,the City will provide access to the real property and facilities upon which
the Work is to be performed,including access to real property and facilities designated
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in the Contract Documents for the Contractor's use.
2-1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS.
The Contract Documents and all copies furnished to or provided by the Contractor are
the City's property and may not be used on other work.
2-3 SUBCONTRACTS
Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with
the following subsection.
2-3.1 GENERAL
Except as provided in PCC §§4100 et.seq.,each bidder will file with its bid the name
and location of the place of business of each subcontractor who will perform work or
labor or render service to the prime contractor in or about the construction of the work
or improvement, or a subcontractor licensed by the State of California who, under
subcontract to the prime contractor,specifically fabricates and installs a portion of the
work or improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one-half of one percent of the prime
contractor's total bid. Only one subcontractor will be listed for each portion of the
work,which portion will be defined in the bid. In each instance,the nature and extent
of the work to be sublet will be described. The failure of the Contractor to specify a
subcontractor,or the listing of more than one subcontractor for the same portion of the
work, constitutes an agreement by the Contractor that it is fully qualified to perform
that portion itself and that it will perform that portion itself.
The Contractor must have the City Council's written consent to substitute a
subcontractor other than that designated in the original bid,to permit any subcontract
to be assigned or transferred, or to allow a subcontract to be performed by other than
the original subcontractor.
Subcontracting of work for which no subcontractor was designated in the original bid,
and which is more than one-half of one percent of the work, will be allowed only in
cases of public emergency or necessity, and then only after a finding reduced to
writing as a public record of the City Council setting forth the facts constituting the
emergency or necessity.
Violation of any of the above provisions will be considered a breach of the Contract,
and the City may terminate the Contractor's control over the Work,cancel the contract,
or assess the Contractor a penalty of not more than ten percent of the subcontract
involved.
All persons engaged in the work,including subcontractors and their employees will be
considered as employees of the Contractor.The Contractor will be solely responsible
for and have control over construction means, methods, techniques, sequences,
procedures, and the coordination of all portions of the Work. The City will deal
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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:
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.
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3. Shop Drawings, Product Data, and Samples.
4. Approved permits from other agencies,including Cal-OSHA permits for trench
shoring.
5. All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the
Work. The Contract Documents are intended to be complementary and
cooperative and to describe and provide for a complete project.Anything in the
Specifications and not on the Plans, or on the Plans and not in the
Specifications, will be as though shown or mentioned in both.
Payment for any items on the plans for which there 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 SPEC 11,ICATIONS
Although it is believed that much of the information pertaining to conditions and
existing utilities that may affect the cost of the Work will be shown on the Plans or
indicated in the Specifications,the City does not warrant the completeness or accuracy
of such information.
The Contractor will carefully study and compare each of the Contract Documents with
the others and with information furnished by the City and will promptly report in
writing to the Engineer any errors, inconsistencies, or omissions in the Contract
Documents or inconsistencies with applicable law observed by the Contractor.
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The Contractor will take field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor before
commencing the Work. Errors, inconsistencies, or omissions discovered at any time
will be promptly reported in writing to the Engineer.
2-8 RIGHT-OF-WAY
The following subsection is added to Subsection 2-8 of the Greenbook.
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
When the Contractor arranges for additional temporary work areas and facilities,the
Contractor will provide the City with proof that the additional work areas or facilities
have been left in a condition satisfactory to the owner(s)of said work areas or facilities
before acceptance of the work.
2-9 SURVEYING
Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the
following subsection:
2-9.3 SURVEY SERVICE
2-9.3.1 CONSTRUCTION SURVEYING
The Contractor will provide for all construction surveying required to layout,monitor
and complete the work.The surveying will be performed by a Land Surveyor or Civil
Engineer authorized to practice land surveying by the State of California.
The Project Benchmark is shown on the plans. The Contractor will establish all
necessary control lines based on the plans and record information on file with the
County of Los Angeles Surveyor and the Engineer.
It is the responsibility of the Contractor to protect the survey control as shown on the
plans. If the survey control is destroyed or disturbed during construction, the
Contractor will provide for resetting them and file appropriate documents with the
County of Los Angeles at the direction of the Engineer.
Computations, survey notes,and other data used to accomplish the work will be neat,
legible and accurate. Copies of all computations, survey notes, and other data
(electronic format may be required)will be furnished to the Engineer before beginning
work that requires their use.
2-9.3.2 MEASUREMENT AND PAYMENT
Construction Survey — Unless a separate bid item is provided, payment will be
considered included in the other items of the bid and no additional payment will be
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made therefore.
3-3.2.2 BASIS FOR ESTABLISHING COSTS
Subsection 3-3.2.2(c),Tool and Equipment Rental is modified where the second and
third paragraphs are replaced with "Regardless of ownership, the rates to be used in
determining the equipment usage costs will not exceed those listed for the same or
similar equipment in the California State Department of Transportation publication of
Labor Surcharge and Equipment Rates effective for the period of usage."
3-3.2.3 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.
(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.
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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
3. Material differing from what is represented in the Contract which the
Contractor believes may be hazardous waste as defined in California Health&
Safety Code § 25117 that is required to be removed to a Class 1, I1, or III
disposal site in accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed
conditions. The Engineer's decision, and any dispute regarding that decision,will be
made in accordance with Section 6-11 except that the Engineer will render a decision
promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS
is subject to the following provisions:
I. The information is made available for the Bidders' convenience and is not a
part of the Contract.
2. The City has not determined the accuracy or completeness of such information
and all such information is made available to Bidders without any
representation or warranty by the City whatsoever as to its accuracy,
completeness, or relevancy.
3. Bidders will independently evaluate such information for their use and will be
solely responsible for use or interpretation of such information. Any such use
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or interpretation will not be the basis of any claim against the City.
3-5 DISPUTED WORK
Subsection 3-5 is deleted in its entirety and replaced by the following subsection.
If the Contractor and the City do not reach agreement on disputed work,the City may
direct the Contractor to proceed with the work. Any payment for the disputed work
will be determined pursuant to the claims procedures in these Standard Specifications.
Although not to be construed as proceeding under extra work provisions, the
Contractor will keep and furnish records of disputed work as required by the Contract
Documents.
4-1.3 INSPE'CT'ION l�EOI..IIRI!;MENTS
Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by
the following subsections.
4-1.3.1 GENERAL
Unless otherwise specified, inspection at the source of production for such materials
and fabricated items as bituminous paving mixtures, structural concrete, fabricated
metal products,cast metal products,welding,reinforced and unreinforced concrete pipe,
application of protective coatings,and similar shop and plant operations is not required.
A certificate of compliance, signed by an authorized officer of the producer,certifying
compliance with the contract documents will be submitted for all of the following
materials:steel pipe,sizes less than 18 inches;vitrified clay pipe;asbestos cement pipe;
cast iron pipe;reinforced concrete pipe;non-reinforced concrete pipe; and PVC sewer
and water pipe; subject to sampling and testing by City.
Standard items of equipment,such as electric motors,conveyors,plumbing fittings and
fixtures, lumber, plywood, and so on, are subject to inspection at the job site.
All other equipment items will be inspected and tested in accordance with the contract
documents.
The City does not provide full time inspection. The Contractor will provide 24-hour
minimum notice for each inspection required by the work unless other arrangements
have been agreed upon, in writing, with the City Engineer. Any inspection required
outside of normal working hours and days, including holidays, will be at the
Contractor's cost at rates established by the City.
4-1.6 TRADE NAMES OR [,',Qt.JALS
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".
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For the City's consideration of a proposed "equal" item, the Bidder will submit, a
minimum of ten(10)calendar days beloi!e 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.
IN Technical specifications.
a Test data.
IN Samples.
• Comparison chart of key specifications of the "equal" item against similar
specifications of the specified item.
• Work locations and reference telephone numbers of at least three(3)locations
where the proposed "equal" item has been recently installed under similar
conditions.
• Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal"
product is acceptable to the City five (5) calendar days before the date of the bid
opening. Failure to submit all required documentation and/or submittal of incomplete
documents may result in the City's rejection of the proposed "equal"product without
further consideration.
5-2 PROTECTION
The following subsection is added to Subsection 5-2 of the Greenbook.
5-2.1 INCORRECT LOCATION OF UTILITIES
If the Contractor,while performing the Work,discovers utility facilities not identified
correctly or not shown in the contract plans or specifications by the City, the
Contractor will immediately notify the City and utility owner in writing.
5-4 RELOCATION
The following subsection is added to Subsection 5-4 of the Greenbook.
5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION
The City will be responsible to arrange for the removal,repair,or relocation of existing
utilities located within the project limits if such utilities are not correctly identified in
the contract plans or specifications by the City. The City will have the sole discretion
to perform repairs or relocation work or permit the Contractor to do such repairs or
relocation.
5-5 DELAYS
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The following paragraphs are added to Subsection 5-5 of the Greenbook.
Actual loss, as used in this Subsection, will be understood to include no items of
expense other than idle time of equipment and necessary payments for idle time of
workers, cost of extra moving of equipment, and cost of longer hauls. Compensation
for idle time of equipment and idle time of workers will be determined by Subsection
5-5.1 and no markup will be added in either case for overhead and profit. The cost of
extra moving of equipment and the cost of longer hauls will be paid for as extra work.
The following subsection is added to Subsection 5-5 of the Greenbook.
5-5.1 CALCULATING IDLE TIME
Equipment idle time will calculated in accordance with Subsection 3-3.2.2 and based
upon the actual normal working time during which the delay condition exists,but in no
case will exceed 8 hours in any one day.The days for which compensation will be paid
will be the calendar days,excluding Saturdays,Sundays and legal holidays,during the
existence of the delay.
Worker idle time will be calculated in accordance with Subsection 3-3.2.2.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
...................................
Section 6-1, Construction Schedule and Commencement of Work, is deleted in its
entirety and replaced by the following subsections.
Pre-Construction Meed
After contract award, the City will arrange for a pre-construction meeting to discuss
the construction of the project. City will invite utility agencies and the contractor will
arrange for all of its sub-contractors to attend the meeting.
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.
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4. Schedules must represent a practical plan to complete the Work within the
Contract Time.
5. Schedules must show the critical path method for completing the Work.
The Engineer's review of the form and general content of the Contract Schedule and
any updated Contract Schedules is only for the purpose of determining if the listed
requirements are satisfied, nothing more.
6-1.3 EFFECT OF CONTRACT SCHEDULE
The Contract Schedule,and any updated Contract Schedules,will represent a practical
plan to complete the Work within the Contract Time. Extension of any schedule
beyond the Contract Time will not be acceptable. Schedules showing the Work
completed in less than the Contract may be acceptable if judged by the Engineer to be
practical.Acceptance of such a schedule by the Engineer will not change the Contract
Time. The Contract Time, not the Contract Schedule, will control in determining
liquidated damages payable by the Contractor and in determining any delay.
If a schedule showing the Work completed in less than the Contract Time is accepted,
the Contractor will not be entitled to extensions of the Contract Time for Excusable
Delays or Compensable Delays or to adjustments of the Contract Sum for
Compensable Delays until such delays extend the completion of the Work beyond the
expiration of the Contract Time.
The Contractor will plan,develop,supervise,control,and coordinate the performance
of the Work so that its progress and the sequence and timing of Work activities
conform to the current accepted Contract Schedule.The Contractor will continuously
obtain from Subcontractors information and data about the planning for and progress
of the Work and the delivery of equipment, will coordinate and integrate such
information and data into updated Contract Schedules,and will monitor the progress of
the Work and the delivery of equipment. The Contractor will act as the expeditor of
potential and actual delays, interruptions,hindrances,or disruptions for its own forces
and those forces of Subcontractors.The Contractor will cooperate with the Engineer in
developing the Contract Schedule and updated Contract Schedules.
The Engineer's review and comments about any schedule or scheduling data will not
relieve the Contractor from its sole responsibility to plan for, perform, and complete
the Work within the Contract Time.Review and comments about any schedule will not
transfer responsibility for any schedule to the Engineer or the City nor imply their
agreement with (1) any assumption upon which such schedule is based or (2) any
matter underlying or contained in such schedule.
The Engineer's failure to discover errors or omissions in schedules that have been
reviewed,or to inform the Contractor that the Contractor,Subcontractors,or others are
behind schedule, or to direct or enforce procedures for complying with the Contract
Schedule will not relieve the Contractor from its sole responsibility to perform and
complete the Work within the Contract Time and will not be a cause for an adjustment
of the Contract Time or the Contract Sum.
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The Contractor will perform the Work in accordance with the currently accepted
Contract Schedule.
6-1.4 COMMENCEMENT OF CONTRACT TIME
The Contract Time will commence when the City issues a Notice to Proceed. The
Work will start on the date specified in the Notice to Proceed and within a maximum
of fifteen(15)days after the date of the Notice to Proceed,and be diligently prosecuted
to completion with the time provided in the Specifications.
6-4 DEFAULT BY 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.
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:
I. Serve written notice upon the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract.In such event the Surety
will, within 5 days, assume control and perform the Work as successor to the
Contractor;
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.
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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.
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.
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Should delays be caused by events other than those included herein,the Engineer may,
but is not required to, deem an extension of time to be in the City's best interests.
6-6.2 EXTENSIONS OF TIME
If granted,extensions of time will be based upon the effect of delays to the critical path
of the Work as determined by the current accepted Contract Schedule.Delays to minor
portions of the Work that do not affect the critical path will not be eligible for
extensions of time.
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
Any payment for compensable delay will be based upon actual costs as set forth in
Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor
may have reasonably avoided.The Contractor understands that this is the sole basis for
recovering delay damages and explicitly waives any right to calculate daily damages
for office overhead,profit,or other purported loss,using different formulas including,
without limitation, the Eichleay Formula.
6-6.4 WRITTEN NOTICE AND REPORT
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 wil l 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
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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 wi ll have to
reimburse the City for the costs of inspection. The Contractor must request such an
inspection at least 48 hours in advance. City inspections during hours when City Hall
is closed are subject to inspection overtime fees to be paid for by the Contractor.
Friday work that does not require inspection can be done without an inspection fee and
must be discussed with City staff prior to its occurrence. If the Contractor does
construction on a Friday or a day when City Hall is closed,that day shall be counted as
a project working day.
On workdays, Contractor's activities will be confined to the hours between 7:00 a.m.
and 4:00 p.m.
Please see Section 6-7.5 below for weekend and holiday work restrictions.
6-7.4 NIGHT WORK
The following paragraph is added to Section 6-7 of the Greenbook:
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 I-IOLIDAY 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
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Agreement No. 5590
repairs within the time specified in the notice,the City may perform this work and the
Contractor's sureties will be liable for the cost thereof.
6-8.1 GENERAL GUARANTY
The Contractor will remedy any defects in the work and pay for any damage to other
work resulting therefrom,which will appear within a period of one year from the date
of final acceptance of the work unless a longer period is specified.The owner will give
notice of observed defects with reasonable promptness.
6-9 LIQUIDATED DAMAGE'S
Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and
replaced by the following subsections.
6-9.1 FAILURE TO COMPLETE WORK ON TIME
If all the work called for under the contract is not completed before or upon the
expiration of the Contract Time, the City will sustain damage. Since it is and will be
impracticable to determine the actual damage which the City will sustain in the event
of and by reason of such delay,it is therefore agreed that the Contractor will pay to the
City the sum specified in the Proposal for each and every calendar day beyond the time
prescribed to complete the work not as a penalty, but as a predetermined liquidated
damage.The Contractor agrees to pay such liquidated damages as are herein provided,
and in case the same are not paid, agrees that the City may deduct the amount thereof
from any money due or that may become due to the Contractor under the contract.
Unless otherwise specified, liquidated damages will be $250 per calendar day.
6-11 DISPUTES AND CLAIMS, PROCEDURE
6-11.1 GENERAL
Consistent with PCC § 10240.6,"Claim"means a written demand or assertion by the
Contractor that seeks an adjustment or interpretation of the terms of the Contract
Documents, payment of money, extension of time, or other relief with respect to the
Contract Documents, including a determination of disputes or matters in question
between the City and the Contractor arising out of or related to the Contract
Documents or the performance of the Work, and claims alleging an unforeseen
condition or an act, error, or omission by the City, the Engineer, their agents or
employees."Claim"does not mean,and the Claims procedures herein do not apply,to
the following:
I. 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
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Agreement No. 5590
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 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).
5. If the Claim involves an error or omission in the Contract Documents:
a) An affirmative representation that the error or omission was not
discovered before submitting a bid for the Contract; and
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Agreement No. 5590
b) A detailed statement demonstrating that the error or omission
reasonably should not have been discovered by the Contractor, its
Subcontractors and suppliers,before submitting a bid for the Contract.
6. If the Claim involves an extension of the Contract Time,written documentation
demonstrating the Contractor's entitlement to a time extension.
7. If the Claim involves an adjustment of the Contract Sum for delay, written
documentation demonstrating the Contractor's entitlement to such an
adjustment.
8. A personal certification from the Contractor that reads as follows:
"I, , BEING THE (MUST BE AN
OFFICER) OF (CONTRACTOR NAME), DECLARE
F PERJURY U
UNDER PENALTY OF CALIFORNIA LAW,AND DO
PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY
REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL
COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS
CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE
SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE
AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT
ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS
LIABLE;AND,FURTHER,THAT I AM FAMILIAR WITH CALIFORNIA
PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650,
ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW
AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE
CLAIM MAY LEAD TO FINES,IMPRISONMENT,AND OTHER SEVERE
LEGAL CONSEQUENCES."
6-11.3 CLAIMS SUBMITTED TO ENGINEER
Within (30) calendar days after the circumstances giving rise to a Claim occur, the
Contractor will submit its Claim to the Engineer for a decision. Regardless of any
Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the
Engineer, the Contractor will not cause any delay, cessation, or termination of the
Work,but will diligently proceed with the performing the Work in accordance with the
Contract Documents. Except as otherwise provided, the City will continue to make
payments in accordance with the Contract Documents.
6-11.4 CLAIM IS 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
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Agreement No. 5590
otherwise have pursuant to the Contract Documents or applicable law.
6-11.5 DECISION ON CLAIMS
The Engineer will promptly review Claims submitted by the Contractor in accordance
with these Specifications. Should the Engineer require additional supporting evidence
to evaluate the claim,the Engineer will request such additional information in writing.
Any such requested data will be furnished not later than 10 calendar days after the
Contractor receives the Engineer's request.
The Engineer will render a decision not later than 30 days after either receiving the
Claim or the deadline for furnishing additional supporting data, whichever is later. If
the Engineer fails to render a decision within the time period established herein,then
the Claim will be deemed denied. The Engineer's decision will be final and binding
unless appealed in accordance with these Specifications.
The Engineer's decision on a Claim will include a statement substantially as follows:
"This is a decision pursuant to the General Specifications of your contract. If you are
dissatisfied with the decision,and have complied with the procedural requirements for
asserting claims,you may have the right to alternative dispute resolution or litigation.
Should you fail to take appropriate action within 30 calendar days of the date of this
decision, the decision will be come final and binding and not subject to further
appeal."
6-11.6 APPEAL OF ENGINEER'S DECISION
Should the Contractor dispute the Engineer's decision,then the Contractor must appeal
that decision to the City's Public Works Director within 30 calendar days of receiving
the Engineer's decision.
The Public Works Director will address disputes or claims within 30 calendar days
after receiving such request and all necessary supporting data. The Public Works
Director's decision on the dispute or claim will be the City's final decision.
If the Contractor disputes the Public Works Director's decision, then the Contractor
must demand alternative dispute resolution in accordance with this Section and the
PCC within 30 calendar days of the City's final decision.
6-11.7 MEDIATION
If the City and the Contractor agree,disputes between the parties may be submitted to
non-binding mediation.If the parties cannot agree to an alternative form of mediation,
then mediation will be administered by the American Arbitration Association("AAA")
under its Construction Industry Mediation Rules, unless the use of such rules are
waived by mutual stipulation of both parties.
The parties may, but are not required to be, represented by counsel in mediation.
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Agreement No. 5590
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 DECISION BECOMES BINDING
The decision rendered by the arbitrator will become binding upon the parties unless
appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12
within 30 calendar days of the decision. If subsequent litigation results in an award to
the party appealing the arbitration that is less than or equal to that of the arbitration
decision, or if the litigation results in a decision in favor of the nonappealing party,
then the party appealing the arbitration will pay the nonappealing party's attorney's
fees and court costs.
6-11.10 APPEAL TO SWIERIOR COURT: WAIVER OF JURY TRIAL
Should a party timely object to the arbitration decision, it may file a petition with the
Los Angeles County Superior Court in accordance with California Code of Civil
Procedure("CCP") §§ 1285,et seq.Notwithstanding the limitations set forth in CCP §
1286.2, the court may vacate, correct, or adjust an arbitration award, and enter
judgment in accordance with CCP § 1287.4,for any legal or equitable basis including,
without limitation,error of law.The court will apply the substantial evidence standard
of review when considering the appeal of an objecting party.
BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR
AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE
CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF
THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF
CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH
THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE
THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.
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Agreement No. 5590
6-11.11 AB 626 Cl,,AIMS: 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:
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
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Agreement No. 5590
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.
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 ISO FORM COMBINE
OCCURRENCE D
SINGLE
LIMIT
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Agreement No. 5590
Comprehensive General Liability CL 00 02 01 85 or 88 $2,000,000
Business Auto CA 00 01 01 87 $1,000,000
Workers' Compensation Statutory
Contractor will provide endorsements or other proof of coverage for contractual
liability.
Combined single limit per occurrence will include coverage for bodily injury,personal
injury, and property damage for each accident.
If Commercial General Liability Insurance or other form with a general aggregate limit
is used, the policy will be endorsed such that the general aggregate limit will apply
separately to this contract and a copy of the endorsement provided to the City.
Liability policies will contain, or be endorsed to contain the following provisions:
GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
The City, its officers, officials, employees, agents, and volunteers will be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned,
occupied or used by the Contractor;or automobiles owned, leased,hired or borrowed
by the Contractor. The coverage will contain no special limitations on the scope or
protection afforded to the City, its officers,officials,employees,agents,or volunteers.
The Contractor's insurance coverage will be primary insurance as respects the City,its
officers,officials,employees,agents,and volunteers.Any insurance or self-insurance
maintained by the City,its officers,officials,employees,agents,and volunteers will be
excess of the Contractor's insurance and will not contribute with it.
The insurer will agree in writing to waive all rights of subrogation against the City,its
officers,officials,employees and volunteers for losses arising from work performed by
the Contractor for the City.
Any failure to comply with reporting provisions of the policies will not affect coverage
provided to the City, its officers, officials, employees, agents and volunteers.
The Contractor's insurance will apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
WORKERS' COMPENSATION:
The insurer will agree to waive all rights of subrogation against the City, its officers,
officials, employees and volunteers for losses arising from work performed by the
Contractor for the City.
ALL COVERAGES:
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Each insurance policy required by this subsection will be endorsed to state that
coverage will not be suspended,voided,cancelled by either party,reduced in coverage
or in limits except after thirty(30)calendar days written notice by certified mail,return
receipt requested, has been given to:
CITY CLERK
City of El Segundo
350 Main Street
El Segundo, CA 90245
Notwithstanding the foregoing, the endorsement may state that insurance may be
cancelled upon ten (10) calendar day notification for non-payment of premium. The
Contractor will provide the City with updated proof of insurance should the Contract
Time extend beyond the policy expiration date.
All liability insurance will be on an occurrence basis. Insurance on a claims made basis
will be rejected. Any deductibles or self-insured retentions will be declared to and
approved by City. The insurer will provide an endorsement to City eliminating such
deductibles or self-insured retentions as respects the City, its officials, employees,
agents, and volunteers.
Except for Workers Compensation Insurance,Contractor will furnish to City certificates
of insurance and endorsements on forms acceptable to the City's City Attorney, duly
authenticated,giving evidence of the insurance coverages required in this contract and
other evidence of coverage or copies of policies as may be reasonably required by City
from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 1185,
or equivalent. Certificate/endorsement for Workers Compensation Insurance will be
furnished on State Comp Fund or other industry standard form. Except for worker's
compensation insurance,all insurance required herein will be placed with insurers with
a Best's Rating of not less than A:VII. Worker's compensation insurance policies will
meet the requirements of California law.
All subcontractors employed on the work referred to in this contract will meet the
insurance requirements set forth for Contractor. Contractor will furnish certificates of
insurance and endorsements for each subcontractor at least five days before the
subcontractor entering the job site, or Contractor will furnish City an endorsement
including all subcontractors as insureds under its policies.
Except as provided in Subsection 6-10, the Contractor will save, keep and hold
harmless the City, its officers, officials, employees, agents and volunteers from all
damages, costs or expenses in law or equity that may at any time arise or be claimed
because of damages to property, or personal injury received by reason of or in the
course of performing work, which may be caused by any willful or negligent act or
omission by the Contractor or any of the Contractor's employees,or any subcontractor.
The City will not be liable for any accident, loss or damage to the work before its
completion and acceptance, except as provided in Subsection 6-10.
The cost of such insurance will be included in the various items of work in the
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Contractor's bid and no additional compensation for purchasing insurance or additional
coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any
reason, voided or suspended, Contractor agrees that City may arrange for insurance
coverage as specified, and Contractor further agrees that administrative and premium
costs may be deducted from payments due to the Contractor. Contractor will not be
allowed to work until alternate coverage is arranged.
Coverage will not extend to any indemnity coverage for the active negligence of the
additional insured if the agreement to indemnify the additional insured would be invalid
under Civil Code § 2782(b).
7-3.2 INDI MNII°ICATION AND DE 'I DISE
In addition to the provisions of Subsection 7-3 of the Greenbook as between the City
and Contractor, Contractor will take and assume all responsibility for the work as
stated herein or shown on the plans.
The Contractor will bear all losses and damages directly or indirectly resulting to it,to
the City,its officers,employees,and agents,or to others on account of the performance
or character of the work, unforeseen difficulties, accidents, traffic control, job site
maintenance, or any other causes whatsoever.
The Contractor will assume the defense of and indemnify and save harmless the City
of EI Segundo,its officers,employees,and agents,from and against any and all claims,
losses, damage, expenses and liability of every kind,nature, and description, directly
or indirectly arising from the performance of the contract or work, regardless of
responsibility for negligence, and from any and all claims, losses,damage, expenses,
and liability,howsoever the same may be caused,resulting directly,or indirectly from
the nature of the work covered by the contract, regardless of responsibility for
negligence, to the fullest extent permitted by law. In accordance with Civil Code §
2782, nothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard
Specifications will require defense or indemnification for death,bodily injury,injury to
property, or any other loss, damage or expense arising from the sole negligence or
willful misconduct of the City, or its agents, servants or independent contractors who
are directly responsible to the City,or for defects in design furnished by such persons.
Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose
on the Contractor, or to relieve the City from, liability for active negligence of the
City.
The City does not,and will not, waive any rights against the Contractor which it may
have by reason of the aforesaid hold harmless agreements because of the acceptance by
the City, or deposit with City by Contractor, of any insurance policies described in
Subsection 7-3 of the Special Provisions. This hold harmless agreement by the
Contractor wil l 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
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are determined to be applicable to any of such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans, in
releasing any bond, in inspecting or accepting any work,or of any other nature,will in
any respect relieve the Contractor or anyone else from any legal responsibility,
obligation or liability he might otherwise have.
7-5 PERMITS
The following paragraph will be added to Subsection 7-5 of Greenbook:
The Contractor will apply for permits required by the City Building Safety Division.
These permits will be issued on a"no-fee"basis.However,the Contractor must pay for
and obtain all other permits from other governmental and utility agencies necessitated
by their operations.
All bonding fees, (overweight and oversized vehicle permit fees) inspection permit
fees or other fees charged or required for such permits must be paid by the Contractor.
These costs will be included in the bid item provided. If no bid item is included,costs
will be included in the various items of work, and no additional payment will be
allowed.
7-8.1 CLEANUP AND DUST CONTROL
Subsection 7-8.1,Cleanup and Dust Control,of the Greenbook is deleted in its entirety
and replaced by the following subsections.
7-8.1.1 GENERAL
On any construction project requiring trenching within public streets and for which
total trenching is in excess of 500 feet, the Contractor will be required to sweep the
worksite utilizing a pick-up type street sweeper a minimum of once daily.
7-8.1.2 WATERING
Water for the laying of dust caused by Contractor's operations or the passage of traffic
through the work will be applied as necessary or as directed by the Engineer. Water
for the above or other purposes may be obtained from any approved source. If the
Contractor chooses to use a City fire hydrant upon placing deposits and fees as
described in this contract, the Engineer will cause a meter to be installed. All water
used from the hydrant will be metered and charged to the Contractor at the prevailing
rate plus the current daily meter rental rate. The Contractor will be charged a $15
reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs
of water to be used will be included in the cost of various bid items.
7-8.6 WATER POLLUTION CONTROL
The following requirements are added to establish storm water and urban runoff
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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
maintained by the Contractor on a daily basis on days when construction is not
in progress due to rain.
(h) All costs associated with water pollution control will be borne by the
Contractor. Any expense incurred by the City to expeditiously respond to
storm drain contamination resulting from Contractor's failure to implement
water pollution control measures will be charged to the Contractor.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The following requirements are added to Section 7-9:
Where existing traffic striping,pavement markings,and curb markings are damaged or
their reflectively reduced by the Contractor's operations,such striping or markings will
also be considered as existing improvements and the Contractor will replace such
improvements.
Relocations, repairs, replacements, or re-establishments will be at least equal to the
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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 on each side of all streets. The clearance from the pedestrian walkway to any
traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all
excavations, material storage, and/or obstructions by the placement of an adequate
number of lighted barricades(minimum two(2))at each location,one(1)at each end
of the obstruction or excavation), which will have flashing lights during darkness.
Barricades will be Type I or Type 11 per Section 7-3 and lights will be Type A per
Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH).
7-10.2 STREET CLOSURES, DETOI.IIZS, BAIZRICADI S
Street closures will not be allowed except as specifically permitted by the Engineer.
The Contractor will prepare any traffic control or detour plans that may be required as
directed by the Engineer.Lane transitions will not be sharper than a taper of thirty(30)
to one (1).
Temporary traffic channelization will be accomplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Engineer.
The Contractor will prepare any plans that may be required for temporary striping to
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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 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 1I, or Class III disposal site in accordance with provisions of existing law, 2)
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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 wi 11 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
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
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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 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
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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
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.
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