CONTRACT 5684 Public Works Contract CLOSEDAgreement No. 5684
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
HARDY & HARPER, INC.
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
This CONTRACT is entered into this 17th day of April, 2019, by and between the CITY
OF EL SEGUNDO, a general law city and municipal corporation ("the City") and HARDY &
HARPER, INC., a California Corporation ("the Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the
"Work"). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice
of Completion; and all other documents identified in the Contract Documents
which together form the contract between the City and the Contractor for the
Work. The Contract Documents constitute the complete agreement between the
City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Four
I-ftindred l: is tv Two ThMlsartd, Two Hundred Sixty Eialit Dollars and Zero Cellis
($482,268.00) for the Work in the manner set forth in the Contract Documents.
3. TERM. The term of this Contract will commence on June 17, 2019 and will expire on
August 23, 2019, unless terminated earlier pursuant to Section 4.
Agreement No. 5684
4. TERMINATION.
A. City may terminate this Contract at any time with or without cause.
B. Contractor may terminate this Agreement at any time with City's mutual consent.
Notice will be in writing at least thirty (3 0) days before the effective termination
date.
C. Upon receiving a termination notice, Contractor will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by Contractor after receiving a termination notice will be
performed at Contractor's own cost; City will not be obligated to compensate
Contractor for such work.
D. Should the Agreement be terminated pursuant to this Section, City may procure
on its own terms services similar to those terminated.
E. By executing this document, Contractor waives any and all claims for damages
that might otherwise arise from City's termination under this Section.
5. 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.
6. DISPUTES. Disputes arising from this Contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
7. 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.
8. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
9. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the term of this Contract, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
Agreement No. 5684
photographs and reports prepared by the Contractor under the Contract Documents are the
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
11. 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.
12. 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.
13. 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.
14. 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
City of El Segundo -Public Works
350 Main Street
El Segundo, CA 90245
Attention: Arianne Bola
(310) 524-2364
The Contractor
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Attention: Mike Amundson
(714) 620-4296
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
Agreement No. 5684
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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. ACCEPTANCE OF ELECTRONIC 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
electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be
treated in all respects as having the same effect as an original signature.
21. 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.
22. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
Agreement No. 5684
23. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this Contract the day and
year first hereinabove written.
C4",
I" EL SE UNDO
Give'a* eater __......�.._.....�._..
City M.araaer.
ATTEST -
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TTEST:Tracy eaves•,.._.
City Clerk
am
APPROVED AS TO FORM:
Mark I). 1-lcn qy
City Attorney
Insurance Reviewed by: . ,
S- 1
INC.
Name: Steve Kirschner
Title: Vice president
Taxpayer ID No. 95-2251022
Contractor State California
License No.: 215952
Contractor City Business
License No.:
Agreement No. 5684
PROPOSAL
FOR THE
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Date 03/21 20 19
Hardy & Harper, Inc.
Company Name:
TO THE CITY OF EL SEGUNDO:
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned
BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals
required for the above stated project as set forth in the Plans, Specifications, and contract
documents therefor, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans,
Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid
shall be considered evidence that the BIDDER has satisfied himself regarding the contract
documents, access and any other field conditions which may effect bid prices. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the
unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that
failure to enter into a contract in the manner and time prescribed will result in forfeiture to the
City of El Segundo of the proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids, and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR
DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY
ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include
all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid,
unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S
default in executing the required contract and filing the necessary bonds and insurance
certificates within ten working days after the date of the City of El Segundo's notice of award of
contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature
by the Awardee, the proceeds of the security accompanying this bid shall become the property of
the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's
option, be considered null and void.
Agreement No. 5684
EOUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been
due under the requirements of any agency, State, or Federal equal employment opportunity orders
have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business
enterprises for those portions of the work to be subcontracted, and that such affirmative actions
have been fully documented, that said documentation is open to inspection, and that said
affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore,
BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity
requirements of the contract documents.
NONCOLLUSION AFFIDAVI"T"
BIDDER declares that the only persons or parties interested in this proposal as principals are those
named herein; that no officer, agent, or employee of the City of El Segundo is personally
interested, directly or indirectly, in this proposal; that this proposal is made without connection to
any other individual, firm, or corporation making a bid for the same work and that this proposal is
in all respects fair and without collusion or fraud.
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Agreement No. 5684
BID SCHEDULE
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Hardy & Harper, Inc.
Company Name:
A. BASE BID: GENERAL (ALL STREETS)
ITEM DESCRIPTION UNIT QTY UNIT AMOUNT
NO. PRICE IN
_ FIGURES
Mobilization and Traffic ControlLS 1
.........
Restore and replace all street markings
2 and striping (thermoplastic) LS 1 $3&,SCIO $ �1- .. .....
B. BASE BID: MAPLE AVE. (BETWEEN SHELDON ST. AND PCH) AND CENTER ST.
(BETWEEN IMPERIAL AVE. AND MARIPOSA AVE.)
ITEM DESCRIPTION UNIT QTY UNIT AMOUNT
NO. PRICE IN
FIGURES
( Cold mill 2" existing asphalt concrete - 6
3 AC pavement SF 255,214 $ $
Overlay 2" C2 PG 64-10 asphalt
4 concrete pavement
Adjust manholes to final grade
5
m..........w.......................... .......................
_
Adjust water valves to final grade
6
Adjust concrete vault covers to final
7 grade
Install inductive loop conductor and
8 appurtenances
SF 255,214 $ 1 - 00 $ Z " , 111
35 $ Li . 00 $_ 114 ..Coo
65
1
EA 4
I -C-3 a
$
...........................
S • 1 c
100
Z��oc�
Agreement No. 5684
C. ALTERNATE BID: EL SEGUNDO BLVD. (BETWEEN AVIATION BLVD. AND ISIS AVE.)
ITEM
DESCRIPTION
UNIT QTY
UNIT
AMOUNT
NO.
PRICE IN
FIGURES
Cold mill 2" existing asphalt concrete
9
(AC) pavement
SF 38,660
$ L%6 _
$iC2
Overlay 2" C2 PG 64-10 asphalt
10
concrete pavement
SF 38,660
.gCs
� lei-z--::-6
Adjust manholes to final grade
11
EA 6
$
$ 3 ` coo
Adjust water valves to final grade
EA 8 $ I bc) $ 0
Install inductive loop conductor and
13 appurtenances EA 3 $
TOTAL BID ITEM 1THROUGH 13 (BASE AND ALTERNATE BIDS):
TOTAL BID "R FI`TEN IN WORDS: ...............�" � _� C "�,"�. ")
"
....w..
..1
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Agreement No. 5684
BIDDER'S INFORMATION
Hardy & Harper, Inc.
Company Name:
BIDDER certifies that the following information is true and correct:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
Corporation
If corporation, State of Incorporation (i.e., California) California
Business Hardy & Harper, Inc.
Address 32 Rancho Circle. Lake Forest, CA 92630
Telephone No. 714-444-1851
Facsimile No. 714-444-2801
................................
State Contractor's License No. and Class 215952; A, C-8 & C12
.....................
Original Date Issued 03/13/63 Expiration Date12/31/19
...................... ...................................
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and/or corporate officers having principal interest in this
proposal: Hard & Harper, Inc.
Fred T. Maas, Jr. -President /Treasurer y p
Steve Kirschner - Vice President 32 Rancho Circle. Lake Forest, CA 92630
Kristen S. Paulino - Corporate Secretary 714-444-1851
_.... _. _. ... �... _. ...............................................................................................
Dan T. Maas - CEO
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
N/A
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
N/A
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Agreement No. 5684
BIDDER'S INFORMATION (CONTINUED)
Company Name: Hardy & Harper, Inc.
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Ashlie Blanchard
Name:
Bid Coordinator
Title:
I -C-5
Agreement No. 5684
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all a forenamed principals this 21st day of March 20 19
BIDDER
Hardy & Harper, Inc.
Steve Kirschner - Vice President
Subscribed and sworn to this
NOTARY PUBLIC
day of
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20
Agreement No. 5684
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
9
❑ See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not�y)
Signature of Document Signer No. 1 Signature of Document Signer No. y)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California Subscribed and sworn to (or affirmed) before me
County of Oranqe
on this 21 day of March , 20 19 ,
by Date Month YearH n e
VANES
COMM, #2V51902 N
tiNwW`% Notary Puboic aiifornia a
a
ORANGE COUNTY
My Comm, Cxpira ,s May 3, 2620
Seal
Place Notary Seal Above
(and (2)
Namek'of Signer(A)'
proved to me on the basis of satisfactory evidence
to be the person(a) who appeared before me.
CA
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910
n
Agreement No. 5684
Bond No. CSBA-10295
PROPOSAL GUARANTEE
BID BOND
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
KNOW ALL MEN BY THESE PRESENTS that,
1-1.1 - ----- as--B:1-DDER,.and
Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of Ten Percent of Amount Bid DOLLARS
($10% ), which is ten (10%) percent of the total amount bid by BIDDER to the
City of El Segundo for the above stated project, for the payment of which sum, BIDDER and
SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about
to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if
said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and
time specified, then this obligation shall be null and void, otherwise it shall remain in full force
and effect in favor of the City of El Segundo.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this
21st day of March .20 19
32 Rancho Circle
BIDDER* Hardv & Harcer, lnc. Lake Forest, CA 92630, (714) 444-1851
777 South Figueroa Street, Suite 3900
SURETY* Fidefity and Deposit Company of Maryland Los Angeles, CA 90017, (213) 270-0600
1411 N. Batavia St., Suite 201
Dwioht Reilly. Attornev-i n- Fact Orange, CA 92867, (714) 516-1232
Subscribed and sworn to this day of , 20
NOTARY PUBLIC
*Provide BIDDER/SURETY name, title, address and telephone number and the name, title,
address and telephone number for authorized representative.
T -C-7
Agreement No. 5684
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On March 21. 2019 before me,
Date
personally appeared Steve Kirschner
Vanessa Garcia Notary Public
Here Insert Name and Title of the Officer
Name�of Signe
PR
who proved to me on the basis of satisfactory evidence to be the person(g) whose name(15) is/axe
subscribed to the within instrument and acknowledged to me that he/sKe/tliey executed the same in
his/her/their authorized capacity(iQs), and that by his/hmr/their signature(t) on the instrument the person(a),
or the entity upon behalf of which the person(s) acted, executed the instrument.
VANESSA GARCIA
COMM. #2151902 ro
Notary Public -California a
ORANGE COUNTY LL
My Comm. Expires May 3, 2020
Place Notary Seal Above
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature,m
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Bid Bond Document Date: March 21. 2019
Number of Pages: 1 Signer(s) Other Than Named Above: _ Dwiaht ReiHv
Capacity(ies) Claimed by Signer(s)
Signer's Name: Steyej�iMchner
0 Corporate Officer — Title(s): vice President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Hardv & Harper, Inc.
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
4111*17.
02014 National Notary Association • www.Nationa]Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Agreement No. 5684
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
........................
State of California
County of Orange )
On March 21, 2019 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwight Reilly
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. N
dl ,
LL
Signature
g ��r��°C.,t.: (Seal)
Melissa Ann Vaccaro
1
Agreement No. 5684
Bond No. CSBA-10295
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint, Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM and
Frank MORONES, all of Orange, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seat and
deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of February, A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
_.......................
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 6th day of February, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
w�,aaaaaaara�,*
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
.PO',at two
Agreement No. 5684
EXTRACT FROM BY-LAWS OF THE COMPANIES
Article, Section 8.,Atroro(�J,_
,:Ln_FL aCjr
The Chief Executivc Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances. stipulations, undertakings, or other tike instruments on behalf 01" the Company, arid may authorize arty officer or any such
attorney-in-fact to affix the corporate seal lhercto, and may with or without cause modify of revoke any such appointment or authority at any
time.
CERTIFICATE
1, the undersigned, Vice President of the ZURICH j1VVIERICAN INSURANCE COMPANY, the COLONIAL MVIERICAN
CASUALTY AND SURF -.TY COMPANY, and the FIDELITY AND DEPOSIT COMPANYOF MARYLAND, do hereby certify that the
foregoing Power of Attonicy, is still in Full force and effect on the date of this certificate; .and I' do further certij� that Article V. Section 8', of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 21st day of March 2019
MAL 2�;
ON
Fay, Vic..... President.
I �tchaJ .ic........... .
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.reoLii-isfclaims,,@,ztirichaia.coni
800-626-4577
Agreement No. 5684
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
BIDDER'S Contractor's License Number is:
215952
Class No.: A. C-8 & C12
The expiration date of BIDDER'S Contractor License is:
12/31
,20 1s
BIDDER acknowledges that Section 7028.15(e) of the Business and Professions
Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his or her
contractor's license number appears clearly on the bid, the license expiration date
is stated, and the bid contains a statement that representations herein are made
under penalty of perjury. Any bid not containing this information, or a bid
containing information which is subsequently proven false, shall be considered
non-responsive and shall be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations made
by the undersigned in this bid proposal are true and correct.
Executed on 3/21 , 20 199 , at
Lake Forest
010
Signature
Steve Kirschner
Typed Name
Vice President
Title
Hardy & Harper, Inc.
Company Name
(insert City and State where Declaration signed).
I -C-8
Agreement No. 5684
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
) ss.
County of Orange )
Steve Kirschner
being first duly sworn, deposes and say that he or she is
Vice President of Hardy & Harper, Inc.
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid
is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other BIDDER, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained
in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
de
Signature
Steve Kirschner
Typed Name
Vice President
Title
I -C-9
Hardy & Harper, Inc.
.........
Name of Bidder/Company Name
03/21/19
Date
Agreement No. 5684
WORKER'S COMPENSATION CERTIFICATION
Section 1861 OF THE LABOR CODE
(Workers' Compensation)
Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her
PROPOSAL, shall sign the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
Signature of Bidder: ...................... ....._
Steve Kirschner - Vice President
Title:
Business Name: Hardy & Harper, Inc.
32 Rancho Circle. Lake Forest, CA 92630
Business Address:.
Telephone Number14
: )
Dated this 21St day of March
444-1851
.20 1s
I -C-10
Agreement No. 5684
DESIGNATION OF SUBCONTRACTORS
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Hardy & Harper, Inc.
Company Name:
As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies
that it has listed below all subcontractors who will perform work in excess of one-half of one
percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and
will perform that portion of the work itself--.---,,,-, _
Description of
Subcontractor's Portion of
Name of Contractor Work Estimated $
Subcontractor Address License No. Subcontracted Amount
(Number and Street)
(City, Zip Code)
� � v 2,� 1 t 00
2 `�- _._....
W W.
All A� cam; cGq `Z rjr�^13 � ". A ci Vw
e C f--{ 1,
�........_....... nxa .... CA 9 Z%,-) -.
_.......... � �._...._..
..................... ...................
.. ...................... _m Q
(MakecoiW
if additional space is needed)
03/21/19
Signature of P-idder Date
Steve Kirschner -Vice President
I -C-11
Agreement No. 5684
REFERENCES
Hardy & Harper, Inc.
Company Name:
....................
The following are the names, addresses, and telephone numbers for public agencies for which
BIDDER has performed similar work as the prime contractor or major subcontractor within the
past five (5) years:
Please see attached
1. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
2. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
I -C-12
Agreement No. 5684
3. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
4. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $..............
Did your firm have any financial interest in Project?
5. Project Title:
Location:
Name and address of owner
I -C-13
Owner/Agency
City of Huntington Beach
12000 Main Street
Huntington Beach, CA 92648
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
City of Moreno Valley
114177 Federick Street
Moreno Valley, CA 92552
City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91709
County of San Bernardino
1825 East 3rd Street
San Bernardino, CA 92415
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
County of Los Angeles
900 S Fremont Ave
Alhambra, CA 91803
City of Palos Verdes Estates
340 Palso Verdes Dr. West
Palos Verdes Estates, CA 90274
City of Tustin
300 Centennial Way
(Tustin, CA 92780
City of Pasadena
100 N. Garfield Ave
Pasadena, CA 92570
City of Cypress
5275 Orange Ave
Cypress, CA 90630
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
(City of Laguna Niguel
27791 La Paz Road
Laguna Niguel, CA 92677
City of Desert Hot Springs
65-950 Pierson Blvd
Desert Hot Springs, CA 92240
City of Perris
1101 N "D" Street
Perris, CA 92572
Contact Info
Joseph Fuentes
714-536-5431
ifuentes(@surfcity-hb.org
Bill Simmons
760-770-0340
bsimmons(cDcathedralcitv.r;ov
Henry Ngo
951-413-3100
henrytiPmoval.org
Fe Rama
909-364-2600
framaPchinoliills .org
Melinda Barnes
909-387-7920
mebarnesPdow.sbcountvlov
Frank Tran
949-644-3340
1ftran(@newportbeachca,
Jose Pou
626-458-2191
jpou(cDdpw.lacountv.sov
Jack Rydell
310-378-0383
iackrvdell(caaprofessionals.cor-n
Eddy Jan
714-573-3157
e"an andpen.com
Richard Yee
626-744-4643
Richardvee(cDcitvofoasadena.net
Nick Mangkalakiri
714-229-6729
nmanskalakiri@cvpres,sca.orr;'
Eric Charlonne
714-536-5430
echarlonne@suilcity-hb.or
Frank Borges
949-362-4325
f ,es(@Ci.la una-ni uel.ca.us
Hal Goldenberg
760-329-6411
heoldenbers(cDcitvofdhs.org
Chris Sunde
951-943-6504
chris@trilakeconsultants.com
Agreement No. 5684
Project Title, Amount & Comple
tion
Date
Nichols Lane Rehabilitation
From Slater Ave to Warner Ave
$644,000.00 9/2016
Date Palm Dr & Cathedral Canyon
Pavement Rehabilitation
$939,000.00 11/2016
Edgemont Neighborhood
Pavement Rehabilitation
$383,000 12/2016
FY 2016-2017 Street Improvement
Project
,$1,039,000.00 12/2016
Slover Ave Phase II
$2,405,020.32
1/2017
MacArthur Blvd Pavement
Rehabilitation
$2,142,045.66
3/2017
124th Street Et. Al
RDC0013372
.$4,304,600'00
12/2014
FY 14/15 Street Resurfacing
Project 14-07
$1,187,987.00
12/2014
2013-14 Roadway Rehabilitation
& Sidewalk Repair project
Rehabilitation
1$1,491,543.00
12/2014
Preventitive Maintenance Street
Fed ID NO. STPL-5064(081)
$1,518,231.24
8/2015
2008/09 Overlay Project
$1,366,000.00
6/2009
Rehabilitation of Center
Magnolia & Springdale
$2,393,000.00
8/2012
10-11 Overlay & sub Drain
Improvement
$1,573,000.00
4/2011
2012 Street Rehabilitation
Program Phase 2
$1,212,000.00
11/2012
2012 Grind & Overlay
Rehabilitation
$789,000.00
11/2012
City of Pasadena
100 N. Garfield Ave
Pasadena, CA 92570
City of Laguna Niguel
27791 La Paz Road
Laguna Niguel, CA 92677
County of Riverside
3525 14th Street
Riverside, CA 92501
City of Westminster
18200 Westminster Blvd
Westminster, CA 92683
City of Riverside
3900 Main Street
Riverside, CA 92501
Cit..
y ofJurupa Valley
18939 Limonite Ave
Jurupa Valley, CA 92509
City of Laguna Hills
24035 EI Toro Rd
Laguna Hills, CA
City of Highland
27215 Base Line
Highland, CA 92347
City of Irvine
One Civic Center Plaza
Irvine, CA 92623
City of Riverside
3900 Main Street
Riverside, CA 92501
County of San ...
Bernardino
825 East 3rd Street
San Bernardino, CA 92415
City of Inglewood
One Manchester Blvd
Inglewood, CA 90301
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
City of Norco
2870 Clark Ave
Norco, CA 92860
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
City of Walnut
21201 La Puente Rd
Elvin Jiang
626-744-6912
elviniiane(o)citvofoasadena.net
Frank Borges
949-362-4325
fborees(rci.laeuna-nieuel.ca.us
Trai Nguyen
951-961-5363
tng,uyer @duw.sbcounty. ov
Tuan Pham
714-548-3456
6ham(5westminster-ca. ogovv
Steve Howard
951-826-5708
showarciftriversideca.vov
Mike Myers
951-332-6464
m myerS@.iL rig gava lley.ore
(Kenneth H. Rosenfield
(949) 707-2655
krosenfield(@lasunahillsca.gov
John Egan
909-890-1255
jeQan(cDerscinc.com
Brian Brown
949-724-6000
bbrownPcitvofirvine.org
Steve Howard
951-826-5708
showard(Wriversideca.ggv
J.D Gayman
909-387-7924
idRavman(cDdpw.sbcountv.gov
Hunter Nguyen
310-412-5333
hhnter(cDcitvofinelewood.org
Frank Borges
949-362-4325
fbo�0ci.laeuna-nieueLca.LIS
Bill Thomas
951-735-3900
bthomasPci.norco,ca.us
Fuad Shamout
805-318-0661
fshamout(@sin*allev.org
Natalie Avila
909-594-9702
Agreement No. 5684
2009 Resurfacing of Streets
$4,473,000.00 12/2010
Marina Hills Neighborhood
Pavement Rehabilitation Project
$3,738,000.00 5/2018
Murrieta Hot Springs Road
$1,305,000.00 4/2014
Brookhurst Street
$1,116,920.00 3/2014
Arterial Street Maintenance
$4,444,000.00 3/2014
TRIP Pavement Rehabilitation
Phase 1
$1,254,012.21 3/2017
Arterial Pavement Management
Project Street Rehabilitation
$1,275,406.90 5/2017
West Highland Bikeways
Infrastructure & Pavement Improv
11$2,678,788.77 7/2017
Yale Ave Rehabilitation Irvine
Center Drive
$2,453,343.83 7/2017
Minor Street Maintenance
$1,543,000.00 4/2014
San Bernardino Ave
1$1,577,000.00 6/2014
Street & Alleys Rehabilitation
Project
$2,639,330.06 11/2017
St. Christopher Neighborhoods
& Via Vetti Pavement Rehabilitation
$1.226.861.00 9/2015
FY 2015-16 Annual Minor Street
Rehabilitation Phase 1
$777,000.00 10/2015
FY 2015-16 Annual Minor Street
Rehabilitation
$1,213,960.50 11/2015
Area 1 & 2 Street Resurfacing
project
Agreement No. 5684
|VVa|nut,[A91789 lEavilaOrkavrouo,com 1$1,076200.00 11/20151
Agreement No. 5684
PUBLIC WORKS REFERENCES Attachment A
2016/2017
Owner/Agency
Contact
Project (Amount &
Completion Date)
City of Jurupa Valley
Mike Myers
T.R.I.P Pavement Rehabilitation
8930 Limonite Ave
(951) 332-6464
Phase I
Jurupa Valley, CA 92509
�mmvers(iuruoavallev,oArr
$1,254,012.21 03/17
City of Newport Beach
Frank Tran
MacArthur Blvd Pavement
100 Civic Center Drive
(949) 644-3340
Rehabilitation
Newport Beach, CA 92660
ftran ne�yoortbeachca.00v
$2,142,045.66 3/17
City of Rancho Cucamonga
Romeo M. David
Red Hill Park Pedestrian Trail
10500 Civic Center Drive
(909) 477-2740
Renovation Project
Rancho Cucamonga, CA 91730
Romeo, david4citvofrc.us
$171,888.70 3/17
City of Riverside
Ben Hatheway
2015/2016 CDBG Street and
3900 Main Street
(951) 826-5561
ADA Footpath Improvement
Riverside, CA 92522
13Hatheway(d).riversideca.00v
$980,681.29 5/17
City of Signal Hill
Anthony Caraveo
Willow Street Improvement
2175 Cherry Ave
(562) 989-7352
Project
Signal Hill, CA 90755
acaraveocitvofsionalhill.orq
$922,100.43 6/17
City of Laguna Hills
Frank Tran
Arterial Pavement Management
24035 EI Toro Rd
(949) 644-3340
Project Street Rehabiltation
Laguna Hills
ftran0,nevwoortbeachc&aov
$1,375,406.90 6/17
City of Highland
John (Egan
West Highland Bikeways
27215 Base Line
(909) 890-1255
Infrastructure & Pavement Impr.
Highland, CA 92346
ieoanaerscinc.com
$2,678,788.77 7/17
City of Irvine
Brian Brown
Yale Ave Rehabilitation Irvine
One Civic Center Plaza
(949) 724-6000
Center Drive Bid No. 17-1160
Irvine, CA 92623
1bbrownw dyt ofirvine.oro
$2,453,343.83 7/17
City of Pasadena
Tony An
Preventitive Maintenance of
100 N. Garfield Ave
(626) 744-7403
Street 2016
Pasadena, CA 91109
tancitvofoasadena.net
$945,932.59 8/17
City of Ontario
Miguel Sotomayor
ATP Cycle I Safe Routes to
303 East B Street
(909) 395-2108
School Sidewalk Improvements
Ontario, CA 91764
msotomavor ontarioca.00v
$824,850.88 10/17
City of Inglewood
Hunter Nguyen
Streets &Alleys Rehabilitation
One Manchester Blvd
(310) 412-5333
Project
Inglewood, CA 90301
�hhunterOcitvofinalewood.orci
$2,639,330.06 11/17
Owner/Agency
" Contact
Project (Amount &
Completion Date)
City of Rancho Cucamonga
Romeo David
Archibald Ave from Hillside Rd
PUBLIC WORKS REFERENCES
2016/2017
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
City ofa
L Canada Flintridge
1327 Foothill Blvd
La Canada Flintridge, CA 91011
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
(909)477-2740
Borneo, Davidcitvofrc, us
Greg Kwolek
(818) 790-8880
akw,wole (&cf,ca.gov
Joseph Fuentes
(714) 536-5431
ifuentesa,surfcity-hb.org
City of Claremont Vincent Ramos
207 Harvard Ave (909) 399-5396
,Claremont, CA 91711 vramoscaDd.claremont,ca.us
City of Rancho Palo Verdes a Lea Reis
30940 Hawthorne Blvd LReis0,rovca.gov
Rancho Cucamonga Palos Verdes (310) 544-5307
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
City of Moreno Valley
14177 Frederick St
Moreno Valley, CA 92552
City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91709
County of San Bernardino
825 East 3rd Street
San Bernardino, CA 92415
C
ity of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Bill Simmons
(760) 770-0340
bsimrnonscathedralcitv.00v
Henry Ngo
(951) 413-3100
henrvn ,,moval.oro
Fe Rama
framae,chinohilis.orc
(909) 364-2600
Melinda Barnes
McBarnestaDdow.sbcounty aov
B(909) 387-7920
i
Frank Tran
ftran newwoortbeachca.grav
(949) 644-3340
Agreement No. 5684
Attachment A
to N. City Limit & Haven Ave
Wilson Ave
$796,042.98 8/16
2016 Citywide Street
Resurfacing
$1,084,562.67 8/16
Nichols Lane Rehabilitation
from Slater Ave to Warner Ave
$644,000.00 9/16
Residental Slurry Preparation
CIP 2016-02
$579,000.00 10/16
Residential Street Rehabilitation
Project Phase I
$2,639,962.68 11/16
Date Palm Dr. & Cathedral
Canyon Pavement Rehab
$939,000.00 11/16
Edgemont Neighborhood
Pavement Rehabilitation
$383,000.00 12/16
Y
FY 2016-2017 Street
Improvement Project
$1,039,000.00 12/16
Slover Ave Phase II
I
$2,405,020.32 1/17
MacArthur Blvd Pavement
Rehabilitation
;$2,142,045.66 3/17
Agreement No. 5684
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ ____ITITITIT_ITITITIT_m Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
Fidelity & Deposit Company of Maryland
777 S. Figueroa St. Los Angeles, CA 90017
213-270-0600
I -C-14
Agreement No. 5684
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Company Name: Hardy & Harper' Inc.
Please state all instances of being disqualified, removed, or otherwise prevented from
bidding on, or completing, a federal, state, or local government project due to a violation of a
law or safety regulation.
1. Have you ever been disqualified from any government contract?
Yes ❑ No 4
2. If yes, explain the circumstances:
N/A
3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to
register requires the City to reject your bid as non-responsive]?
Yes Rf No ❑
............................. ...._............. .__............ .
Bidder's S igiiatUre
Steve Kirschner - Vice President
........_. W.
........._...............
Name (Please Print)
I -C-15
Agreement No. 5684
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Company Name: Hardy & Harper, Inc
To be awarded this contract, the successful bidder must procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Tvne of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG
00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per
occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability
policies must be endorsed to name the City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on
ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including
symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as required herein, and such
other evidence of insurance or copies of policies as may be reasonably required by the City from time to
time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty
(30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to snail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice
provisions.
The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state
coverage will not be accepted in lieu of the California coverage, because the work is being performed in
the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
render the bidder's proposal "nonresponsive."
03/21/19
_.'..n.. ,. ..__
Date Bidders mature
i.
Steve Kirschner - Vice Prasid!;nt
I -C-16
Agreement No. 5684
END PROPOSAL SECTION
I -C-17
THE FINAL PREMIUM IS YfiigmMi 909u+r4 t§
PREDICATED ON THE original counterparts
FINAL CONTRACT AMOUNT
FAITHFUL PERFORMANCE BOND
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Bond No. 7660165
Bond Fee: $2,767.00
Hardv & Harper, Inc. ("PRINCIPAL")
and Fidelity and Deposit Company of Maryland , a corporation
incorporated under the laws of the State of Illinois and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of Four Hundred Eiahty
Two Thousand, Two Hundred Sixtv Eight Dollars and Zero Cents ($482..268.00), lawful money
of the United States, which may be increased or decreased by a rider hereto executed in the same
manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves,
their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 19-01, and the
public works contract executed with such Specifications. In the case of any default in the
performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL
or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages,
reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 19-01, a copy of which is on file with CITY's Engineering
Division ("Public Project"). Such performance will be in accordance with CITY's plans and
profiles (CITY DRAWING FILE NO. PW 19-01) which are made a part of this bond when
said plans and profiles are approved by the City Council and filed with CITY's Engineering
Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to
complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the payment
of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
Agreement No. 5684
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including; without limitation, the EI Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-01 or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following two (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing
this bond to do so;
B. A certificate issued by the county clerk for the county in which
SURETY's representative is located conforming with California
Code of Civil Procedure § 995.640 and stating that SURETY's
certificate of authority has not been surrendered, revoked,
cancelled, annulled, or suspended, or in the event that it has, that
renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I -E-2
SIGNED AND SEALED this 23rd day of April
Hardy & Harper, Inc. �J
PR CIrAL's PRESIDENT
Fred T. Ma Jr.
PRINCIPAL'S SECRETARY
Kristen Pauiino
PRINCIPAL's MAILING ADDRESS:
Agreement No. 5684
, 2019 .
Fidelity and Deposit Company of Maryland
SURETY] W X Dwight Reilly
Attorney -in -Fact
SURETY's SECRETARY
SURETY'S MAILING ADDRESS:
Hardy & Harper, Inc. Fidelity and Deposit Company of Maryland
32 Rancho Circle 777 South Figueroa Street, Suite 3900
Lake Forest, CA 92630 Los Angeles, CA 90017
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (I ) year after acceptance of the job.
-E-3
Agreement No. 5684
ACKNOWLEDGMENT
,k -notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 4/23/2010 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwight Reilly
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ``�.,7e�� (Seal)
Melissa Ann Vaccaro
EoNotary
ISSA ANN VACCARO
OMM. #2241394 Public�alifornia
RANGE COUNTY LL
m. Expires May 12, 20221
Agreement No. 5684
Bond No. 7660165
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint, Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM and
Frank MORONES, all of Orange, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly electcd officers of the ZIDRIC°I I AMF'Rl(`AN INSURANC:'F, COMPANY at
its office in New York, New York., the regularly elected officers ofihe COLONIAL ,r kllilt(C.'AN CASOAL'fY AND St.JlIFTY COMPANY
at its office in Owings Mills, Maryland., and the regularly elected officers ol'the FIDt"LITY AND tX 110SITCOMPAN'Y C: F MAIZYI.AND
at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seats of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of February, A.D. 2019.
} "'`+ rw"
lot «�+
a
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E Brown
Secretary
State of Maryland
County of Baltimore
On bass 001 day of Febto ary, ala t) 2,01 9, belbre the wnhsclnb'er„ as Notary Pubiw of the State 1',ltM.lryhtnd„ dkd6' colnmrwsttlnt:0 and citaablaed, Robert D.
Alurriay,'Alice ),resilient and Dawn E. Brown, Secretary of the Companies, to nie pursona0y �'1rowv to be the individuak and oftic:eis describi:d in iiiid'who
ex'e[41t,ed tbtt preceding Instr4lnwl:nt, and acknowledged the execufi an of Sande, and being by nrc':' dldy' SwOrl'C, dapose'th an'd 5001, t,hak hehihc is Clw said ofilicer of
Cite t,`w,anipany' alo'n:said, and Bila( the .seals atlrxc°d to 4116: flr,,:cedtra,y instrunient Mari`. Aha: (.corporate, Seilis o stild (,`t'ifnpf lme�s, and that Ore said Corporate «Sa:als and
the sagnuturc as soli of ice(' were duly affixed and subscribed to il't'e '. ald inStrtel'rieril by the ZluthorwC,y Anil tlnection o the Baird (.rorporuoons.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written
.
° i
sty, ,_�•"
i p�'+.` ;"
Constance A. Dunn, Notary public
,
My Commission Expires: July 9, 2019
$wwww00
Agreement No. 5684
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, LXgMe'je -in-I" s . The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -'in -fact with authority to execute bonds, policies,
recoguizances, stipulations, undertakings, or other like instruments oil behalf of the Company, and may authorize any offacer or any such
attorney-ira-fact to aids the corporate seal thereto; and may %vith or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company,"
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
y...d a..
this 3r da of April 2019_
wwr wa"� atrs,�
UAL
*+rvx
Michael C. Fay, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
ev,w�y,�-et�t�rtsFclai ttts���;.ur'icltttt�.r~c�l ta,
804-626-4577
State of California
County of Orange
Agreement No. 5684
HUGH NGUYEN
CLERK -RECORDER
CERTIFICATE OF ADMITTED SURETY INSURER
Certificate pursuant to 995.640(a) Code of Civil Procedure
PROPERTY RECORDS
BIRTH AND DEATH RECORDS
MARRIAGE LICENSES/RECORDS
PASSPORTS
FICTITIOUS BUSINESS NAMES
NOTARY REGISTRATION
ORANGE COUNTY ARCHIVES
I, Hugh Nguyen, County Clerk -Recorder of the County of Orange, State of California, in and for
said County, DO HEREBY CERTIFY THAT Fidelit and Deposit Companv of Marvland has
been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California
Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of
California and that based on the records in this office, that authority has not been surrendered,
revoked, cancelled, annulled or suspended.
In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the
seal of said County on 04/24/2019.
Hugh Nguyen, Orange County Clerk -Recorder
�))ina Velasquez, Deputy -Recorder
(Purple Seal)
0
NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE
HISTORIC DOWNTOWN ANAHEIM HALL OF RECORDS LAGUNA HILLS CIVIC CENTER
222 S. HARBOR BOULEVARD, SUITE 110 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD
ANAHEIM, CALIFORNIA 92805 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653
(714) 834-2500 0 FAX (714) 834-2675 • WWW.00RECORDER.COM • WWW.00ARCHIVES.COM
Agreement No. 5684
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Oranqe
On April 23. 2019 before me, Ashhe Blanchard, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Fred T. MaPs, Jr. and Kristen S. Paulino
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware
subscribed to the within instrument and acknowledged to me that IV/slKe/they executed the same in
has/her/their authorized capacity(ies), and that by his/h:er/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
ASHLIE BLANCHARD�
COMM. #2279550 M
q *;
Notary Public-Califomia LL
®w µ ORANGE COUNTY
My Comm. Expires March 3, 2023
Place Notary Seal Above
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
-vM
Signature _.,.,._. 0
..................._
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond Document Date: ADril 23. 2019
Number of Pages: 3 Signer(s) Other Than Named Above: Dwight Reiliv
Capacity(ies) Claimed by Signer(s)
Signer's Name: ,fid T. Maas. Jr_
❑✓ Corporate Officer — Title(s): sesideDt
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Hardy & Harmer" Ince
Signer's Name: Kristen S. 'Paulino
0 Corporate Officer — Title(s): Corporate Secretary
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
_ ,-rd.X_ _k W,rper. Inc. ........._._...........
Xy_&1K iu.Rx'll,�r<1'>"rG,/� "XIr "x."<,, W17X4`C'4VK: "'K4x4VXXXVU"+CX"C%X"Ga X1A;Z, 1X11'1144
02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Aweement No. 5684
THE FINAL PREMIUM IS This Uond was issued in two (2)
PREDICATED ON THE original counterparts
FINAL CONTRACT AMOUNT
LABOR AND MATERIALS BOND
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Bond No. 7660165
Bond Fee: Inc. in Perf. Bond
Hardv & Harper, Inc. , as principal
("PRINCIPAL") and Fidelity and Deposit Company of Maryland a corporation
incorporated under the laws of the State of lllinols and licensed by the State
of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held
and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of lour Hundred
Eiahtv Two Thousand, Two Hundred Sixty Eight Dollars and Zero Cents ($482.268.00), lawful
money of the United States, which may be increased or decreased by a rider hereto executed in
the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind
themselves, their successors, and assigns, jointly and severally, by this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in FY 18/19 PAVEMENT
REHABILITATION PROJECT, SPECIFICATIONS NO. PW 19-01 ("Public Project"), the
public works contract executed for such Public Project, and for all work or labor of any kind
performed for the Public Project. In the case of any default in the performance of the conditions
and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the
bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments,
penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 19-01, and the public works contract executed for such
Specifications, copies of which is on file with CITY's Engineering Division ("Public Project").
Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING
FILE NO. PW 19-01), which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
I -F-1
Agreement No. 5684
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the EI Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-01, or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
(SIGNATURES ON FOLLOWING PAGE]
-F-2
SIGNED AND SEALED this 23rd day of' April
Har &Harper, Inc.
PRINCIPAL's P °SIDENT
TP
- ri N�II'Al 's WRE 'ARY
era Wulino
PRINCIPAL's MAILING ADDRESS:
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest„ CA 92630
Agreement No. 5684
, 2019
Fidelity and Deposit Company of'Maryland
SURETY)sx'MIOGM Dwight Reilly
Attorney -in -Fact
SURETY's SECRETARY
SURETY'S MAILING ADDRESS:
Fidelity and Deposit Company of Maryland
777 South Figueroa Street, Suite 3900
Los Angeles, CA 90017
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job
1-F-3
Agreement No. 5684
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 4/23/2019 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwight Reilly
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature�(Seal)
m��
Melissa Ann Vaccaro
MELISSA ANN VACCARO
�.wnl
COMM. #2241394
Notary Public -California
".., ORANGE COUNTY a
y Comm. Expires May 12, 10-11
Agreement No. 5684
Bond No. 7660165
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to .be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint, Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM and
Frank MORONES, all of Orange, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of February, A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 6th day of February, A . 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and pawn E. Brown, Secretary of the Cornpmues, to me personally known to be the individuals and officers described in and who
executed the p'reced'ing instrument, and acknowledged the execution of sante, and being by me duly swom, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
. 14w plti nAM➢,,f
Constance A, Dunn, Notary Public
My Commission Expires: July 9, 2019
Agreement No. 5684
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time.
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 23rd day of April 2019 „
...................
Michael C. Fay, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.ret)ortsfc'hai tits("ii)zttr'ickt tta, coiii
800-626-4577
Agreement No. 5684
No. 2479-4
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California.
Fidelity and Deposit Company of Maryland
oflilluois, organimed under the laws o,l'Illinois, subject to its Articles oflncorporatiora or other jirndamental
organizational documents, is hereby authorized to transact within this State, subject to ail provisions of this
Certificate, the following classes of insurance:
Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation,
Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle,
Automobile, Aircraft and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of theSiam of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereofnow and hereafter being in
full compliance with all, and not in violation of arty of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect and
applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN, WITNESS WHEREOF, effective as of the I2'4 day of March,
2019, ]have set my hand and caused my official seal to be afixed this
12'h day of March, 2019,
Ricardo Lara
Insurance Commfssfoner
By Valerie Sarfaty
for Cdtalina Hayes -Bautista
Insurance Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after
issuance of this Certificate of Authority. Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for
revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained
herein.
State of California
County of Orange
Agreement No. 5684
HUGH NGUYEN
CLERK -RECORDER
CERTIFICATE OF ADMITTED SURETY INSURER
Certificate pursuant to 995.640(a) Code of Civil Procedure
PROPERTY RECORDS
BIRTH AND DEATH RECORDS
MARRIAGE LICENSES/RECORDS
PASSPORTS
FICTITIOUS BUSINESS NAMES
NOTARY REGISTRATION
ORANGE COUNTY ARCHIVES
I, Hugh Nguyen, County Clerk -Recorder of the County of Orange, State of California, in and for
said County, DO HEREBY CERTIFY THAT Fidefitv and Devosit C'ornpanv of Marvland has
been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California
Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of
California and that based on the records in this office, that authority has not been surrendered,
revoked, cancelled, annulled or suspended.
In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the
seal of said County on 04/24/2019.
Hugh Nguyen, Orange County Clerk -Recorder
.. ...............
N -at -ma Velasquez, Deputy": crk-Recorder
(Purple Seal)
NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE
HISTORIC DOWNTOWN ANAHEIM HALL OF RECORDS LAGUNA HILLS CIVIC CENTER
222 S.HARBOR BOULEVARD, SUITE 110 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD
ANAHEIM, CALIFORNIA 92805 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653
(714) 834-2500 • FAX (714) 834-2675 • WWW.00RECORD ER.COM 0 WWW.00ARCHIVES.COM
Agreement No. 5684
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On April 23. 2019 before me, Ashlie Blanchard, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Fred T. Maas. Jr. and Kristen S. Paulino
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware
subscribed to the within instrument and acknowledged to me that !oQ/since/they executed the same in
NGAter/their authorized capacity(ies), and that by his/hxr/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
ASHLIE BLANCHARD ^
.,, COMM. #2279550 M
Notary Public -California
ORANGE COUNTY a
My Comm. Expires March 3, 2023
Place Notary Seal Above
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal. 7� ,
Signature ..)A ISN" JI'�' "o&�!v�/ M
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Labor and Materials„ Bond Document Date: April 23. 2019
Number of Pages: 3 Signer(s) Other Than Named Above: Dwiaht Reillv
Capacity(ies) Claimed by Signer(s)
Signer's Name: wed T. Maas. ..r,,,
Signer's Name: Kristen S. Paulino
❑v Corporate Officer — Title(s): ,, jesjri.-nt
❑✓ Corporate Officer — Title(s): Corporate Secrelafy
❑ Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Trustee ❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
Hardv & Harper, Inc.
Inc.
�X_XX:XX
02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Agreement No. 5684
CONTRACT DOCUMENTS
PLANS & SPECIFICATIONS
FOR
FY 18/19 PAVEMENT REHABILITATION
PROJECT NO.: PW 19-01
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
350 MAIN STREET
EL SEGUNDO, CA 90245
310-524-2300
http://www.elsegundo.org/depts/works/bids rfps.asp
http: //www. elsegundo. org/depts/works/proj ect_request_contact_form. asp
MANDATORY PRE-BID MEETING TUESDAY, MARCH 19, 2019
AT 9 AM
IN HR CONFERENCE ROOM IN CITY HALL
350 MAIN STREET
EL SEGUNDO, CA 90245
MDS DUE TUESDAY, MARCH. 26, 2019 AT 11:00 AM
Agreement No. 5684
BIDS WILL BE RECEIVED
UP TO THE HOUR
OF 11:00 A.M.
TUESDAY, MARCH 26, 2019
1�1A
OFFICE OF THE CITY CLERK
CITY HALL
350 MAIN STREET
EL SEGUNDO, CALIFORNIA 90245
AT WHICH TIME THEY WILL BE
PUBLICLY OPENED
a
Agreement No. 5684
SPECIAL INSTRUCTIONS TO CONTRACTORS
Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS,
pages II -B-25 thru II -B-26 "LIABILITY INSURANCE".
ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED
COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING
A BID PACKAGE.
The Contractor will be required to apply and obtain an Encroachment Permit from the City Public
Works Department as well as any applicable Building/Safety Permit from the City Building
Planning and Building Safety Department. The permits will be issued on a "no -fee" basis.
The Contractor shall be responsible for calling the Building Safety Division for inspections. All
noted deficiencies shall be corrected by the contractor. The project will not be accepted as complete
until the contractor obtains a final sign -off from the Department of Planning and Building Safety.
TABLE OF CONTENTS
SECTION I — LEGAL
A. NOTICE INVITING SEALED BIDS
B. BIDDING INSTRUCTIONS
1. DEFINITION
2. BIDDER'S REPRESENTATIONS
3. BIDDING DOCUMENTS
4. INTERPRETATION OR CORRECTION OF BIDDING
DOCUMENTS
5. PRODUCT SUBSTITUTIONS
6. SUBCONTRACTORS
7. ADDENDA
8. PRE-BID CONFERENCE
9. FORM AND STYLE OF BIDS
10. BID SECURITY
11. MODIFICATION OR WITHDRAWAL OF BID
12. OPENING OF BIDS
13. REJECTION OF BIDS
14. AWARD
C. PROPOSAL
Agreement No. 5684
PAGE
I -A-1 TO A-3
I -B-1 TO B-8
I -B-1
I -B-1
I -B-2
I -B-2
I -B-3
I -B-3
I -B-3
I -B-3
I -B-4
I -B-4
I -B-5
I -B-6
I -B-6
I -B-6 to 8
I -C-1 TO C-17
1.
PROPOSAL, FIRST PAGE
I -C-1
2.
BID SCHEDULES
I -C -3a to I -C -3c
3.
BIDDER'S INFORMATION
I -C-4
4.
BIDDER AND NOTARIAL ACKNOWLEDGEMENT
I -C-6
5.
PROPOSAL GUARANTEE BID BOND
I -C-7
6.
CONTRACTOR'S LICENSE DECLARATION
I -C-8
7.
NON -COLLUSION AFFIDAVIT
I -C-9
8.
WORKER'S COMPENSATION CERTIFICATION
I -C-10
9.
DESIGNATION OF SUBCONTRACTORS
I -C-11
10.
REFERENCES
I -C-12
11.
BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS
I -C-15
11.
INSURANCE REQUIREMENTS
I -C-16
D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT I -D-1 TO D-5
E. FAITHFUL PERFORMANCE BOND I -E-1 TO E-3
F. MATERIAL AND LABOR BOND I -F-1 TO F-3
Agreement No. 5684
SECTION II — GENERAL REQUIREMENTS PAGE
A. GENERAL SPECIFICATIONS II -A-1 TO A-2
1. REGISTRATION OF CONTRACTORS
II -A-1
2. INSURANCE AND CITY BUSINESS LICENSE
II -A-1
3. EMERGENCY INFORMATION
II -A-1
4. FURNISHING OF WATER
II -A-1
5. CALIFORNIA — OCCUPATIONAL SAFETY
1-2
AND HEALTH ADMINISTRATION
II -A-1
6. SOUND CONTROL
II -A-2
7, AIR POLLUTION CONTROL
II -A-2
8. WORKER UNIFORMS
II -A-2
B. STANDARD SPECIFICATIONS II -B-1 TO B-34
0-1
STANDARD SPECIFICATIONS
II -B-1
0-2
NUMBERING OF SECTIONS
II -B-1
0-3
MODIFICATIONS
II -B-1
1-2
DEFINITIONS
II -B-1
1-2.1 ADDITIONAL DEFINITIONS
II -B-1
1-3
ABBREVIATIONS
II -B-2
2-0
SCOPE AND CONTROL OF WORK
II -B-2
2-1.1 ACCESS TO PROJECT SITE
II -B-2
2-1.2 OWNERSHIP AND USE OF CONTRACT
II -B-3
DOCUMENTS
2-3
SUBCONTRACTS
II -B-3
2-3.1 GENERAL
II -B-3
2-3.2 ADDITIONAL RESPONSIBILITY
II -B-4
2-4
CONTRACT BONDS
II -B-4
2-5
PLANS AND SPECIFICATIONS
II -B-4
2-5.1 GENERAL
II -B-4
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
II -B-5
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
II -B-5
2-8
RIGHT-OF-WAY
II -B-6
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
II -B-6
2-9
SURVEYING
II -B-6
2-9.3 SURVEY SERVICE
II -B-6
2-9.3.1 CONSTRUCTION SURVEYING
II -B-6
2-9.3.2 MEASUREMENT AND PAYMENT
II -B-7
3-3.2.2 BASIS FOR ESTABLISHING COSTS
II -B-7
3-3.2.3 MARK UP
II -13-7
M
Agreement No. 5684
SECTION II — GENERAL REQUIREMENTS (Continued)
3-3.3 DAILY REPORTS BY CONTRACTOR
3-4 CHANGED CONDITIONS
3-5 DISPUTED WORK
4-1.3 INSPECTION REQUIREMENTS
4-1.3.1 GENERAL
4-1.3.2 INSPECTION OF MATERIALS NOT
PRODUCED LOCALLY
4-1.6 TRADE NAMES OR EQUALS
5-2 PROTECTION
5-2.1 INCORRECT LOCATION OF UTILITIES
5-4 RELOCATION
5-4.1 RESPONSIBILITY OF UTILITY REMOVAL
OR RELOCATION
5-5 DELAYS
5-5.1 CALCULATING IDLE TIME
6-1 CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF WORK
6-1.1 CONTRACT SCHEDULE
6-1.2 CONTENT OF CONTRACT SCHEDULE
6-1.3 EFFECT OF CONTRACT SCHEDULE
6-1.4 COMMENCEMENT OF CONTRACT TIME
6-4 DEFAULT BY CONTRACTOR
6-4.1 GENERAL
6-4.2 TERMINATION OF CONTRACTOR'S
CONTROL OVER THE WORK
6-4.3 SURETY'S ASSUMPTION OF CONTROL
6-6 DELAYS AND EXTENSIONS OF TIME
6-6.1 GENERAL
6-6.2 EXTENSION OF TIME
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
6-6.4 WRITTEN NOTICE AND REPORT
6-7.2 WORK DAYS AND WORKING HOURS
6-7.4 NIGHT WORK
6-7.5 WEEKEND AND HOLIDAY WORK
6-8 COMPLETION AND ACCEPTANCE
6-8.1 GENERAL GUARANTY
6-9 LIQUIDATED DAMAGES
6-9.1 FAILURE TO COMPLETE WORK ON TIME
6-11 DISPUTES AND CLAIMS; PROCEDURE
6-11.1 GENERAL
6-11.2 FORM
iii
PAGE
II -B-8
II -B-8
II -B-9
II -B-9
II -B-9
II -13-10
Agreement No. 5684
SECTION II — GENERAL REQUIREMENTS (Continued)
6-11.3 CLAIMS SUBMITTED TO ENGINEER
6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY
6-11.5 DECISION ON CLAIMS
6-11.6 APPEAL OF ENGINEER'S DECISION
6-11.7 MEDIATION
6-11.8 ARBITRATION
6-11.9 WHEN ARBITRATION DECISION BECOMES
BINDING
6-11.10APPEAL TO SUPERIOR COURT; WAIVER
OF JURY TRIAL
7-2 LABOR
7-2.3 PREVAILING WAGES
7-2.4 RECORD OF WAGES PAID; INSPECTION
7-3 LIABILITY INSURANCE
7-3.1 GENERAL
7-3.2 INDEMNIFICATION AND DEFENSE
7-5 PERMITS
7-8.1 CLEAN UP AND DUST CONTROL
7-8.1.1 GENERAL
7-8.1.2 WATERING
7-8.6 WATER POLLUTION CONTROL
7-9 PROTECTION AND RESTORATION OF
EXISTING IMPROVEMENTS
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 TRAFFIC AND ACCESS
7-10.2 STREET CLOSURES, DETOURS, BARRICADES
7-10.5 PROTECTION OF THE PUBLIC
7-15 HAZARDOUS MATERIAL
9-2 LUMP SUM WORK
9-3.2 PARTIAL AND FINAL PAYMENTS
9.3.3 DELIVERED MATERIALS
100-1 TERMINATION OF AGENCY LIABILITY
PAGE
II -B-20
II -13-20
II -B-20
II -B-21
II -B-21
II -13-21
II -B-22
II -B-22
II -B-22
II -B-22
II -B-23
II -B-23
II -B-24
II -B-26
II -B-27
II -B-27
II -B-27
II -B-28
II -13-28
II -B-29
II -13-29
II -B-29
II -B-30
II -B-30
II -B-31
II -B-32
II -B-32
II -B-33
II -13-34
Agreement No. 5684
SECTION III — SPECIAL PROVISIONS
PAGE III -A-1 THRU 18
APPENDICES
APPENDIX A: STREET RESURFACING PLANS
APPENDIX B: STANDARD DRAWINGS
Agreement No. 5684
NOTICE INVITING SEALED BIDS
FOR THE
FY 18/19 PAVEMENT REHABILITATION PROJECT
IN THE CITY OF EL SEGUNDO
PROJECT NO.: PW 19-01
The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main Street, El
Segundo, California 90245, until 11:00 a.m. on:
TUESDAY, MARCH 26, 2019
at which time they will be publicly opened. Bids will not be accepted after that time.
As described in the Bidding Documents, the bids are for a public works project ("Project")
which consists of Street Resurfacing and related work as shown on the plans on file with the
City's Public Works Department.
Work on the Project must be performed in strict conformity with Specifications No. PW 19-01
as adopted by the El Segundo City Council on March 5, 2019 which is filed with the Public
Works Department.
Copies of the Plans, Specifications, Contract Documents and Engineer's estimate are available
from the Engineering Division of the Public Works Department, City of El Segundo, 350 Main
Street, El Segundo, California, 90245. Plans And Specifications are alternately available
electronically via http://www.elsegundo.org/depts/works/project_request_contact form.asp
A mandatory pre-bid meeting is scheduled for Tuesday, March 19, 2019 at 9 AM, at the HR
Conference Room, 350 Main Street in El Segundo, CA 90245. Bidders' attendance at this
meeting is mandatory. Questions regarding the bid shall be submitted by 4:00 pm on Friday,
March 22, 2019 to http://www.elsegundo.org/depts/works/project_request_contact form.asp.
The terms and conditions for bidding on the Project are described in the attached Bidding
Instructions.
This project requires payment of State prevailing rates of wages for Los Angeles County. The
contractor must post copies of the prevailing schedule at each job site. Copies of these rates of
wages are available from the State of California Department of Industrial Relations Prevailing
Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at
www.dir.ca.gov.
Note that the Project is subject to compliance monitoring and enforcement by California
Department of Industrial Relations. Pursuant to California law, the City must find bids failing to
I -A-1
Agreement No. 5684
comply with all applicable Labor Code requirements including, without limitation, Labor Code
§§ 1725.5 and 1771.4 to be nonresponsive.
The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and
increasing the skills of minority group employees and applicants for employment, as set forth in
Executive Order 11246 and 11375.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment
standards established by the State Director of Industrial Relations will be required.
Affirmative action to ensure against discrimination in employment practices on the basis of race,
color, national origin, ancestry, sex, or religion will also be required.
The City of El Segundo hereby affirmatively ensures that minority business enterprises will be
afforded full opportunity to submit bids in response to this notice and will not be discriminated
against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration
leading to the award of contract.
The Contractor's duty to pay State prevailing wages can be found under Labor Code
Section 1770 et. Seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for
failure to pay prevailing wages and employ apprentices including forfeitures and
debarment.
Five percent (5%) will be deducted from each progress payment and retained by the City. The
remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to
Public Contracts Code ("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, any such election will be at the Contractor own
expense and will include costs incurred by the City to accommodate the Contractor's request.
In entering into a Public Works contract, or a subcontract, to supply goods, services, or materials
pursuant to a public works contract, the Contractor, or Sub -Contractor, offers and agrees to
assign to the awarding body all rights, title and interest in, and to, all causes of action it may
have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act
(Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials pursuant to the public
works contract or the subcontract. This assignment shall be made and become effective at the
time the awarding body tenders final payment to the Contractor, without further
acknowledgment by the parties.
I -A-2
Agreement No. 5684
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to
Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed
envelope plainly marked on the outside:
"SEALED BIDS FOR PROJECT NO.: PW 19-01
FY 18/19 PAVEMENT REHABILITATION PROJECT
IN THE CITY OF EL SEGUNDO
DO NOT OPEN WITH REGULAR MAIL"
The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an
amount no less than ten percent (10%) of the amount bid for the base contract.
No bid will be accepted from a Contractor who has not been licensed in accordance with the
provisions of the State Business and Professions Code. For these projects, those acceptable
classes of license shall be "A." The successful Contractor and his Sub -Contractors will be
required to possess the correct license for their project classifications, and valid City Business
Licenses from the City of El Segundo.
The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and
to take all bids under advisement for a period of ninety (90) calendar days.
Any contract entered into pursuant to this notice shall become effective or enforceable against
the City of El Segundo only when the formal written contract has been duly executed by the
appropriate officer(s) of the City of El Segundo.
DATED this day of . 20
CITY OF EL SEGUNDO, CALIFORNIA
Tracy Weaver, City Clerk
I -A-3
Agreement No. 5684
BIDDING INSTRUCTIONS
1. DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special
Conditions, or other Contract Documents are applicable to all Bidding Documents.
1.1 "Addenda" means written or graphic instruments issued by the City before the Bid
Deadline that modify or interpret the Bidding Documents by additions, deletions,
clarifications, or corrections.
1.2 "Alternate" means a proposed change in the Work, as described in the Bidding
Documents which, if accepted, may result in a change to either the Contract Sum or
the Contract Time, or both.
1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as the last
date and time for receipt of Bids, as may be revised by Addenda.
1.4 "Bidder" means a person or firm that submits a Bid.
1.5 "Bidding Documents" means the construction documents prepared and issued for
bidding purposes including all Addenda.
1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to
perform the Work described in the Bidding Documents, but not including unit price
items or Alternates.
1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform
the Unit Price Work for a fixed price per unit of measurement.
2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that:
2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the
Bidding Documents.
2.2 Bidder visited the Project site and is familiar with the conditions under which the
Work will be performed and the local conditions as related to the Contract
Documents.
2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding
Documents.
2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current
licenses issued by the State of California Contractor's State License Board for the
Work to be performed. If Bidder is a joint venture, the Bidder will have a joint
venture license appropriate for the performance ofthe work, and each member of the
joint venture will likewise have the appropriate license. Business and Professions
Code § § 7000-7191 establish licensing requirements for contractors. If a Bidder, that
is a specialty contractor, submits a Bid involving 3 or more specialized building
trades, the work of which is more than incidental and supplemental to the
performance of the Work for which Bidder holds a specialty contractor license,
Bidder must also hold a General Engineering contractor "A" license. This
requirement is applicable whether or not Bidder lists a Subcontractor for each such
trade.
2.5 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
I -B-1
Agreement No. 5684
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.
2.6 Bidder has the expertise and financial capacity to perform and complete all
obligations under the Bidding Documents.
2.7 The person executing the Bid Form is duly authorized and empowered to execute the
Bid Form on Bidder's behalf.
2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code
Requirements in its performance of the Work.
2.9 The Bidder has paid the City's business license fee(s)
2.10 The Bidder, per SB 854 requirements for public projects, has registered with and
paid their annual fee to the California State Department of Industrial Relations.
Information about SB 854 and its requirements can be found at this link:
http://www.dir.ca.gov/Public-Works/SB854.html
3. BIDDING DOCUMENTS
3.1 Bidders may obtain complete sets of the Bidding Documents from the City's
Public Works Department for the sum stated in the Notice for Bids.
3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.
3.3 The City makes copies of the Bidding Documents available, on the above terms,
for the sole purpose of obtaining Bids for the Work and does not confer a license
or grant permission for any other use of the Bidding Documents.
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
4.1 Before submitting its Bid, Bidder will carefully study and compare the various
documents comprising the Bidding Documents and compare them with any other
work being bid concurrently or presently under construction which relates to the
Work for which the Bid is submitted; will examine the Project site, the conditions
under which the Work is to be performed, and the local conditions; and will at once
report to the City's Representative errors, inconsistencies, or ambiguities discovered.
4.2 Requests for clarification or interpretation of the Bidding Documents will be
addressed to the City's Representative.
4.2.1 The release of the bid package begins a quiet period for potential Bidders
participating in this project. The City of El Segundo realizes it is critical to
provide Bidders with a vehicle to ask questions so that quality responses can
be prepared. Questions must be submitted in writing to project managers via
the City website:
iittn: /wwm.else Llsido.orc/deratslN�N,om,ks/taroiect i-ecitaest contact tc. rin.asp.
Responses to all questions will be provided in writing to all Bidders in
accordance with the schedule below. We will not identify companies or
individuals that pose questions. Potential bidders must not call City of El
Segundo employees to discuss potential projects or ask questions regarding
I -B-2
Agreement No. 5684
the bid.
Questions Due by 4:00 pm, 3/22/19
Questions Answered by 3/25/2019
4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents
will be made by Addenda. Clarifications, interpretations, corrections, and changes to
the Bidding Documents made in any other manner will not be binding and Bidders
must not rely upon them.
5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of
Contract. Substitutions will only be considered after award of the Contract and as provided
for in the Contract Documents.
6. SUBCONTRACTORS.
6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform
work, labor or render such services. The Bid Form contains spaces for the following
information when listing Subcontractors: (1) Work Activity; (2) name of
Subcontractor; (3) city of Subcontractor's business location. Failure to list any of
these items on the Bid Form will result in the City treating the Bid as if no
Subcontractor was listed for the Work and that Bidder represents to the City that it is
fully qualified to perform that portion of the Work and will perform do so.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline
with the City's written consent in accordance with California law.
7. ADDENDA.
7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or
delivered to all who are known by the City to have received a complete set of
Bidding Documents and who have provided a street address for receipt of Addenda.
7.2 Copies of Addenda will be made available for inspection at the City's Public Works
Department.
7.3 The City will issue Addenda so that they are received by prospective Bidders not
later than three (3) business days before the Bid Deadline. Addenda that withdraw
the request for Bids or postpone the Bid Deadline may be issued anytime before the
Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda
before issuing a Bid.
8. PRE-BID CONFERENCE. Bidder will attend a Pre -Bid Conference where the City will
discuss the Bidding Documents, answer questions, accept comments, and conduct a Project
site visit. The City requires all Pre -Bid Conference attendees to arrive for the meeting on
time and to sign an attendance list which is used to determine if Bidders meet this
requirement. Any Bidder not attending the Pre -Bid Conference in its entirety will be deemed
to have not complied with the requirements of the Bidding Documents and its Bid will be
rejected.
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Agreement No. 5684
9. FORM AND STYLE OF BIDS
9.1 Bids will be submitted on the Bid Form included with the Bidding Documents. Bids
not submitted on the City's Bid Form will be rejected.
9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.
9.3 Bidder's failure to submit a price for any Alternate or unit price will result in the Bid
being considered as nonresponsive. If Alternates are called for and no change in the
Lump Sum Base Bid is required, enter "No Change."
9.4 Each Bidder must fill out the "Bidders Statement of Past Contract Disqualifications"
form stating any and all instances of contract disqualifications due to a violation of a
law or safety regulation. The Bidder must explain the circumstances of each
disqualification. The City may reject the bid based on such information.
9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.
9.6 The Bids will be based upon full completion of all the Work as shown on the plans
and specifications. It is expressly understood that the plans are drawn with as much
accuracy as is possible in advance, but should errors, omissions or discrepancies
exist in the plans which show conditions that vary from those encountered in
construction, the Bidder (if awarded the Contract) specifically agrees to construct a
completed work ready for the use and in the manner which is intended. In the event
of increasing or decreasing of work, the total amount of work actually done or
materials or equipment furnished must be paid for according to the unit or lump sum
price established for such work under the contract, wherever such unit or lump sum
price has been established. In the event no prices are named in the contract to cover
such changes or alterations, the cost of such changes must be covered as extra work.
9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder
to a contract. Bidder's Representative will sign and date the Declaration included in
the Bid Form. Failure to sign and date the declaration will cause the Bid to be
rejected.
9.8 Bids must be submitted in writing on the Proposal forms provided by the City of El
Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the
bidders. Bidders are required to submit one (1) original set of the proposal
forms. All information requested therein must be clearly and legibly set forth in the
manner and form indicated.
9.9 Bidders must satisfy themselves by personal examination of the work site, Plans,
Specifications, and other contract documents, and by any other means as they may
believe necessary, as to the actual physical conditions, requirements and difficulties
under which the work must be performed. No bidder shall at any time after
submissions of a proposal make any claim or assertion that there was any
misunderstanding or lack of information regarding the nature or amount of work
necessary for the satisfactory completion of the job. Any errors, omissions, or
discrepancies found in the Plans, Specifications, or other contract documents shall be
called to the attention of the City of El Segundo and clarified prior to the submission
of proposals.
10. BID SECURITY
10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump
Sum Base Bid as security for Bidder's obligation to enter into a Contract with the
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Agreement No. 5684
City on the terms stated in the Bid Form and to furnish all items required by the
Bidding Documents. Bid Security will be a Bid Bond on the form provided by the
City or a certified check made payable to "City of El Segundo." When a Bond is
used for Bid Security, failure to use the City's Bid Bond form will result in the
rejection of the Bid.
10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all
items required by the Bidding Documents within the time limits specified in these
Instructions to Bidders, the City will disqualify such Bidder and select the next
apparent lowest responsible Bidder until all bids have been exhausted or the City
may reject all bids. In such an event, the disqualified Bidder will be liable for and
forfeit to the City the amount of the difference, not to exceed the amount of the Bid
Security, between the amount of the disqualified Bid and the larger amount for which
the City procures the Work.
10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf
of the surety, a notarized and current copy of the power of attorney will be affixed to
the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published
State of California, Department of Insurance list of, "Insurers Admitted to Transact
Surety Insurance in This State."
10.4 The City will retain Bid Security until the occurrence of one of the following:
10.4.1 All items required by the Bidding Documents have been furnished and the
Agreement has been signed by the successful Bidder and the City.
10.4.2 The specified time has elapsed during which Bids may be withdrawn.
10.4.3 All Bids have been rejected.
10.5 The Bid Form, Bid Security, and all other documents required to be submitted with
the Bid must be enclosed in a sealed opaque envelope. The envelope must be
addressed to the City Clerk. The envelope must be identified with the Bidder's name
and address, and identify the Project for which the Bid is submitted, as follows:
"SEALED BIDS FOR PW 19-01: FY 18/19 PAVEMENT REHABILITATION
PROJECT. DO NOT OPEN WITH REGULAR MAIL." Proposals may be
mailed or delivered by messenger.
10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A
Bid received after the Bid Deadline will be returned to Bidder unopened.
10.7 Bidder will assume full responsibility for timely delivery at the location designated
for receipt of Bids.
10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
10.9 All proposals must be submitted, filed, made, and executed in accordance with State
and Federal laws related to bids for contracts of this nature whether the same is
expressly referred to herein or not. Any bidder submitting a proposal shall by such
action thereby agree to each and all of the terms, conditions, provisions, and
requirements set forth, contemplated, and referred to in the Plans, Specifications, and
other contract documents, and to full compliance therewith.
11. MODIFICATION OR WITHDRAWAL OF BID.
11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of
such action will be given to the City in writing and signed by the Bidder's authorized
representative. A change so made will be so worded as not to reveal the amount of
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Agreement No. 5684
the original Bid.
11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then
fully complies with the Bidding Requirements.
11.13 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.
11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the
Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.
11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the
proposal guarantee.
11.16 The withdrawal of a proposal will not prejudice the right of the bidder to submit a
new proposal, providing there is time to do so.
11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City Business
License, or any other tax, as all amounts bid will be deemed and held to include any
such taxes, which may be applicable.
11.18 No mention shall be made in the proposal of the cost of bonds as all amounts bid will
be deemed and held to include any such costs, which may be applicable.
12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are
received on or before the Bid Deadline will be opened publicly.
13. REJECTION OF BIDS.
13.1 The City will have the right to reject all Bids.
13.2 The City will have the right to reject any Bid not accompanied by the required Bid
Security or any other item required by the Bidding Documents, or a Bid which is in
any other way materially incomplete or irregular.
13.2.1 Unrequested/unauthorized conditions, limitations, or provisions attached to a
proposal will render it irregular and may cause its rejection. The completed
proposal forms shall be without interlineations, alterations, or erasures.
Alternative proposals will not be considered unless specifically requested. No
oral, telegraphic, or telephonic proposal, modification, or withdrawal will be
considered.
13.3 In the event that any bidder acting as a prime contractor has an interest in more than
one proposal, all such proposals will be rejected, and the bidder will be disqualified.
This restriction does not apply to subcontractors or suppliers who may submit
quotations to more than one bidder, and while doing so, may also submit a formal
proposal as a prime contractor. No proposal will be accepted from a bidder who has
not been licensed in accordance with the provisions of the State Business and
Professions Code.
14. AWARD
14.1 The City may retain all bids for a period of sixty (90) days for examination and
comparison, and to delete any portion of the work from the contract.
14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept
the lowest responsive Bid as determined by The City.
14.3 The City will have the right to accept Alternates in any order or combination, unless
otherwise specifically provided in the Bidding Documents.
14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum
Agreement No. 5684
Base Bid plus all unit prices multiplied by their respective estimated quantities as
stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the
"multiplier" as stated in the Bid Form, plus the amounts of all accepted Alternates.
14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the
purpose of determining the low bidder and establishing the City's maximum
daily liability as a result of City delays to Contractor, if any, and City has no
obligation to pay any daily Contractor Delay Damages except as provided for
in these Contract Documents for Compensable Delays. 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 Proposal
Form or Contractor's actual daily delay damages, whichever is less, for each
day of Compensable Delay as provided for by these Contract Documents.
14.5 The City will select the apparent lowest responsive and responsible Bidder and notify
such Bidder within thirty (30) days (unless number of days is modified in
Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids.
Within ten (10) days after receiving the City's notice that Bidder was selected as the
apparent lowest responsible Bidder, Bidder will submit to the City all of the
following items:
14.5.1 Two originals of the Agreement signed by Bidder.
14.5.2 One original of the Payment Bond.
14.5.3 One original of the Performance Bond.
14.5.4 Certificates of Insurance on form provided by the City.
14.5.5 Names of all Subcontractors, with their addresses, telephone number,
facsimile number, trade on Bidders' company stationery. Evidence, as
required by the City, of the reliability and responsibility of the proposed
Subcontractors such as statements of experience, statements of financial
condition, and references.
14.5.6 Preliminary Contract Schedule.
14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of
Securities in Lieu of Retention and Deposit of Retention. If not submitted,
the City will withhold retention.
14.5.8 Cost Breakdown.
14.6 Before award of the Contract, the City will notify Bidder in writing, if the City
objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a
substitute acceptable to the City. Failure of the City to object to a proposed
Subcontractor before award will not preclude the City from requiring replacement of
any Subcontractor based upon information received subsequent to award,
information which cannot be properly evaluated before award due to time
constraints, or information relating to a failure to comply with the requirements of
the Contract.
14.7 If Bidder submits the original signed Agreements and all other items within ten (10)
days after receiving the City's notification, and all such items comply with the
requirements of the Bidding Documents, the City will award the Contract to Bidder
by signing the Agreement and returning a signed copy of the Agreement to Bidder.
14.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible
Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the
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Agreement No. 5684
Agreement or submit to the City all of the items required by the Bidding Documents,
within ten (10) days after receiving the City's notification, or the City determines
that the Bidder is not financially or otherwise qualified to perform the Contract, the
City may reject such Bidder's Bid and select the next apparent lowest responsible
Bidder, until all bids are exhausted, or reject all Bids.
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Agreement No. 5684
PROPOSAL
FOR THE
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Date .20
Company Name:
TO THE CITY OF EL SEGUNDO:
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned
BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals
required for the above stated project as set forth in the Plans, Specifications, and contract
documents therefor, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans,
Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid
shall be considered evidence that the BIDDER has satisfied himself regarding the contract
documents, access and any other field conditions which may effect bid prices. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the
unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that
failure to enter into a contract in the manner and time prescribed will result in forfeiture to the
City of El Segundo of the proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids, and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR
DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY
ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include
all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid,
unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S
default in executing the required contract and filing the necessary bonds and insurance
certificates within ten working days after the date of the City of El Segundo's notice of award of
contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature
by the Awardee, the proceeds of the security accompanying this bid shall become the property of
the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's
option, be considered null and void.
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Agreement No. 5684
EOI.IAL ENI,PLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been
due under the requirements of any agency, State, or Federal equal employment opportunity orders
have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE AC'T'ION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business
enterprises for those portions of the work to be subcontracted, and that such affirmative actions
have been fully documented, that said documentation is open to inspection, and that said
affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore,
BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity
requirements of the contract documents.
NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are those
named herein; that no officer, agent, or employee of the City of El Segundo is personally
interested, directly or indirectly, in this proposal; that this proposal is made without connection to
any other individual, firm, or corporation making a bid for the same work and that this proposal is
in all respects fair and without collusion or fraud.
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Agreement No. 5684
BID SCHEDULE
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Company Name.
A. BASE BID: GENERAL (ALL STREETS)
ITEM
DESCRIPTION
UNIT
QTY
UNIT
AMOUNT
NO.
PRICE IN
FIGURES
Mobilization and Traffic Control
1
LS
1
$
$
Restore and replace all street markings
m. ........... ..
2
and striping (thermoplastic)
LS
1
$
$
B. BASE BID: MAPLE AVE. (BETWEEN SHELDON ST. AND PCH) AND CENTER ST.
(BETWEEN IMPERIAL AVE. AND MARIPOSA AVE.)
ITEM
DESCRIPTION
UNIT
QTY
UNIT
AMOUNT
NO.
PRICE IN
FIGURES
Cold mill 2" existing asphalt concrete
3
(AC) pavement
SF
255,214
$
$
Overlay 2" C2 PG 64-10 asphalt
4
concrete pavement
SF
255,214
$ ......
$
Adjust manholes to final grade
5
EA
35
$„
$
Adjust water valves to final grade
6
EA
65
$
$.........
Adjust concrete vault covers to final
7
grade
EA
1
$
$
Install inductive loop conductor and
8
appurtenances
EA
4
$
$....
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Agreement No. 5684
C. ALTERNATE BID: EL SEGUNDO BLVD. (BETWEEN AVIATION BLVD. AND ISIS AVE.)
ITEM DESCRIPTION
UNIT
QTY
UNIT
AMOUNT
NO.
PRICE IN
FIGURES_
Cold mill 2" existing asphalt concrete
9 (AC) pavement
P
SF
38,660
$_WWWe11
$ _.....
Overlay 2" C2 PG 64-10 asphalt
10 concrete pavement
SF
38,660
$
$
Adjust manholes to final grade
11
EA
6
$ ....
$
Adjust water valves to final grade
12
EA
8
$
$
Install inductive loop conductor and
13 appurtenances
EA
3
$
$
TOTAL BID ITEM ITHROUGH 13 (BASE
AND ALTERNATE
BIDS):
TOTAL BID WRITTEN IN WORDS:
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(BLANK PAGE)
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Agreement No. 5684
Agreement No. 5684
BIDDER'S INFORMATION
Company Name:
BIDDER certifies that the following information is true and correct:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
If corporation, State of Incorporation (i.e., California)
Business
Address
Telephone No.
Facsimile No.
State Contractor's License No. and Class
Original Date Issued Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint venturers, and/or corporate officers having principal interest in this
proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
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BIDDER'S INFORMATION (CONTINUED)
Company Name:
Agreement No. 5684
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name:
Title:
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Agreement No. 5684
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
and seals of all a forenamed principals this day of , 20
BIDDER
Subscribed and sworn to this day of .20—.
NOTARY PUBLIC
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Agreement No. 5684
PROPOSAL GUARANTEE
BID BOND
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
KNOW ALL MEN BY THESE PRESENTS that,
, as BIDDER, and
, as SURETY, are held and firmly bound unto the
City of El Segundo, in the penal sum of DOLLARS
($ ), which is ten (10%) percent of the total amount bid by BIDDER to the
City of El Segundo for the above stated project, for the payment of which sum, BIDDER and
SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about
to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if
said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and
time specified, then this obligation shall be null and void, otherwise it shall remain in full force
and effect in favor of the City of El Segundo.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this
day of 20
SURETY*
Subscribed and sworn to this — day of 20—,
NOTARY PUBLIC
*Provide BIDDER/SURETY name, title, address and telephone number and the name, title,
address and telephone number for authorized representative.
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Agreement No. 5684
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
1. BIDDER'S Contractor's License Number is:
Class No.:
2. The expiration date of BIDDER'S Contractor License is:
,20 _.
3. BIDDER acknowledges that Section 7028.15(e) ofthe Business and Professions
Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his or her
contractor's license number appears clearly on the bid, the license expiration date
is stated, and the bid contains a statement that representations herein are made
under penalty of perjury. Any bid not containing this information, or a bid
containing information which is subsequently proven false, shall be considered
non-responsive and shall be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations made
by the undersigned in this bid proposal are true and correct.
Executed on .20 , at
Signature
Typed Name
Title
Company Name
(insert City and State where Declaration signed).
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Agreement No. 5684
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
) ss.
County of )
being first duly sworn, deposes and say that he or she is
of
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid
is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid
price, or of that of any other BIDDER, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained
in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
Signature
Typed Name
Title
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Name of Bidder/Company Name
Date
Agreement No. 5684
WORKER'S COMPENSATION CERTIFICATION
Section 1861 OF THE LABOR CODE
(Workers' Compensation)
Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her
PROPOSAL, shall sign the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
Signature of Bidder:
Title:
Business Name:
Business Address:
Telephone Number: ()
Dated this day of . 2Q
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a
Agreement No. 5684
DESIGNATION OF SUBCONTRACTORS
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Company Name:
As detailed in Section 2-3.1 (Page II -B-3) of the City Standard Specifications, Bidder certifies
that it has listed below all subcontractors who will perform work in excess of one-half of one
percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and
will perform thaqogion of the work itself.
Description of
Subcontractor's Portion of
Name of Contractor Work Estimated $
Subcontractor Address License No. Subcontracted Amount
_._............ .. ......... .........__ �..............,.,.,.,.,
(Number and Street)
(City, Zip Code)
(Make copies of this page if additional space is needed)
Signature of Bidder Date
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Agreement No. 5684
REFERENCES
Company Name:
The following are the names, addresses, and telephone numbers for public agencies for which
BIDDER has performed similar work as the prime contractor or major subcontractor within the
past five (5) years:
1. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
2. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
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Agreement No. 5684
3. Project Title:
Location;
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: $ ... _.......... _.. Date completed:
Amount of work done by my/our firm under contract $........
Did your firm have any financial interest in Project?
4. Project Title:
Location:
Name and address of owner
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
5. Project Title:
Location:
Name and address of owner
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Agreement No. 5684
Name and current telephone number of person familiar with project:
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?,
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
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Agreement No. 5684
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Company Name:
Please state all instances of being disqualified, removed, or otherwise prevented from
bidding on, or completing, a federal, state, or local government project due to a violation of a
law or safety regulation.
1. Have you ever been disqualified from any government contract?
Yes ❑ No ❑
2. If yes, explain the circumstances:
3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to
register requires the City to reject your bid as non-responsive]?
Yes ® No ❑
Bidder's Signature
Name (Please Print)
I -C-15
Agreement No. 5684
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Company Name:
To be awarded this contract, the successful bidder must procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits,
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG
00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per
occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability
policies must be endorsed to name the City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on
ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance must be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including
symbol I (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as required herein, and such
other evidence of insurance or copies of policies as may be reasonably required by the City from time to
time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty
(30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice
provisions.
The City requires Cali fornia Worker's Compensation Coverage with the associated Waiver. Out-of-state
coverage will not be accepted in lieu of the California coverage, because the work is being performed in
the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
render the bidder's proposal "nonresponsive."
Date
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Bidder's Signature
Agreement No. 5684
END PROPOSAL SECTION
I -C-17
Agreement No. 5684
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
[CONTRACTOR]
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
This CONTRACT is entered into this day of , 20
by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation
("the City") and
1. WORK.
, ("the Contractor")
A. The Contractor will provide all work required by the Contract Documents (the
"Work"). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed
Dollars ($ ) for the Work in the manner set forth in the Contract
Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within Twenty Five (25) working
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Agreement No. 5684
days (the "Contract Time.")
B. The Contract Time will commence when the City issues a Notice to Proceed.
The Contract Documents will supersede any conflicting provisions included on
the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the Contract
Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase
order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract
Time is reasonable for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
of insurance coverage to be maintained by the Contractor as required by the Contract
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Agreement No. 5684
Documents, and any approval of such insurance by the City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor
will act as an independent contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to contract for similar service to be
performed for other employers while under contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits the City provides for its employees. Any provision in
this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the same
and to make transcript therefrom, and to inspect all program data, documents, proceedings
and activities. The Contractor will retain such financial and program service records for at
least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The City The Contractor
Ken Berkman
Public Works Director
City of El Segundo
350 Main Street,
El Segundo, CA 90245
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the
time of actual delivery. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
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Agreement No. 5684
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will continue
in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract and
to engage in the actions described herein. This Contract may be modified by written
amendment. The City's city manager, or designee, may execute any such amendment on the
City's behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract,
agreements ancillary to this Contract, and related documents to be entered into in connection
with this Contract will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing such
covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
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Agreement No. 5684
IN WITNESS WHEREOF the parties hereto have executed this contract the day and
year first hereinabove written.
CITY OF EL SEGUNDO
Greg Carpenter
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
By:
Mark D. Hensley,
City Attorney
Insurance Reviewed by:
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Taxpayer ID No.
Contractor State
License No.:
Contractor City Business
License No.:
Agreement No. 5684
FAITHFUL PERFORMANCE BOND
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Bond No.
Bond Fee:
("PRINCIPAL")
and
, a corporation
incorporated under the laws of the State of _ and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of
DOLLARS,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 19-01, and the
public works contract executed with such Specifications. In the case of any default in the
performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL
or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages,
reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 19-01, a copy of which is on file with CITY's Engineering
Division ("Public Project"). Such performance will be in accordance with CITY's plans and
profiles (CITY DRAWING NO. PW 19-01) which are made a part of this bond when said
plans and profiles are approved by the City Council and filed with CITY's Engineering Division.
CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
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Agreement No. 5684
completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-01 or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following two (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing
this bond to do so;
B. A certificate issued by the county clerk for the county in which
SURETY's representative is located conforming with California
Code of Civil Procedure § 995.640 and stating that SURETY's
certificate of authority has not been surrendered, revoked,
cancelled, annulled, or suspended, or in the event that it has, that
renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I -E-2
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
Agreement No. 5684
-120
SURETY's PRESIDENT
SURETY'S SECRETARY
PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 5684
LABOR AND MATERIALS BOND
FY 18/19 PAVEMENT REHABILITATION PROJECT
PROJECT NO.: PW 19-01
Bond No.
Bond Fee:
., as principal
("PRINCIPAL") and a
corporation
incorporated under the laws of the State of and licensed by the State
of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held
and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of
DOLLARS,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in FY 18/19 PAVEMENT
REHABILITATION PROJECT, SPECIFICATIONS NO. PW 19-01 ("Public Project"), the
public works contract executed for such Public Project, and for all work or labor of any kind
performed for the Public Project. In the case of any default in the performance of the conditions
and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the
bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments,
penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 19-01, and the public works contract executed for such
Specifications, copies of which is on file with CITY's Engineering Division ("Public Project").
Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING
FILE NO. PW 19-01), which are made a part of this bond when said plans and profiles are
approved by the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting
equipment.
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Agreement No. 5684
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code (`SSMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-01, or of the obligation to be
performed will in any way affect its obligation on this bond, and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
I -F-2
SIGNED AND SEALED this day of
PRINCIPAL's PRESIDENT
PRINCIPAL's SECRETARY
PRINCIPAL'S MAILING ADDRESS:
Agreement No. 5684
20
SURETY'S PRESIDENT
SURETY'S SECRETARY
SURETY'S MAILING ADDRESS:
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
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Agreement No. 5684
SECTION II - GENERAL RE()WREMENTS
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL SPECIFICATIONS
1. REGISTRATION OF CONTRACTORS
No bid will be accepted from a Contractor who has not been licensed in accordance with the
provisions of the laws of the State of California relating to licensing of contractors, for the type
of work to be performed under this Contract.
2. INSURANCE AND CITY BUSINESS LICENSE,
Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License
before execution of the construction contract.
3. EMEIIGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and subcontractors, or their
representatives, will be filed with the City Engineer and the City Police Department BEFORE
PERFORMING WORK.
4. FURNISHING OF WATER
Water necessary for the prosecution of the work as herein specified will be furnished by the City
in the following manner:
The Contractor will deposit with the City Water/Wastewater Division the sum of One
Thousand, One Hundred, Forty Four Dollars ($1,144.00) to insure against damage to a 2V2 "
Fire Hydrant water meter which will be furnished and installed by the City at a point convenient
to the site of the work. This deposit will be refunded to the Contractor upon completion of the
Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory
condition. In event of damage to this meter while under the jurisdiction of the Contractor, all or
any part of said deposit may be retained by the City.
An non-refundable Activation Fee of One Hundred, Ten Dollars ($110.00) will be charged
upon activation of the temporary meter.
CALIFORNIA OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
All work performed under this contract will be done in strict compliance with the Cal -OSHA
Rules and Regulations, latest edition.
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Agreement No. 5684
6. SOUND CONTROL
The Contractor will comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the Project or related to the Project,
will be equipped with a muffler of a type recommended by the manufacturer. No internal
combustion engine will be operated on the Project without said muffler.
The use of loud signals will be avoided in favor of light warnings except those required by safety
laws for the protection of personnel.
7. Alli. PO1AXT10N CONTROL
The Contractor is put on notice that he must abide by all existing rules and regulations of the
SCAQMD (South Coast Air Quality Management District), relating to all operations or
equipment which discharge visible emissions or solid or liquid particles to the atmosphere.
8. WORKER UNIFORMS
All workers under the employment of the Contractor or his/her Sub -Contractor will wear an
orange vest or an orange shirt while working in the public right-of-way.
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Agreement No. 5684
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS
0-0 STANDARD SPECIFICA °IONS
0-1 GENERAL
Except as modified by these Standard Specifications, the provisions of the latest edition
of the "Standard Specifications for Public Works Construction" ("Greenbook") and its
supplements prepared and promulgated by the Southern California Chapters of the
American Public Works Association and the Associated General Contractors of America,
constitute the Standard Specifications for this project.
0-2 NUMBERING OF SECTIONS
The numbering contained within the Standard Specifications of the Contract Documents
is intended to correspond with Greebook numbering.
1-2 DEFINITIONS
The following subsection is added to Subsection 1-2 of the Greenbook.
1-2.1 Al.)DITIONAL 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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Agreement No. 5684
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 WORK
The following subsections 2-1.1 and 2-1.2 are added to the Greenbook.
2-1.1 ACCESS TO PROJECT SITE
Not later than the date designated in the current Contract Schedule submitted by the
Contractor, the City will provide access to the real property and facilities upon which the
II -B-2
Agreement No. 5684
Work is to be performed, including access to real property and facilities designated in the
Contract Documents for the Contractor's use.
2-1.2 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
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Agreement No. 5684
and have control over construction means, methods, techniques, sequences, procedures,
and the coordination of all portions of the Work. The City will deal directly with, and
make all payments to, the prime Contractor.
When subcontracted work is not being prosecuted in a satisfactory manner, the
Contractor will be notified to take corrective action. The Engineer may report the facts to
the City Council. If the City Council so orders, and on receipt by the Contractor of
written instructions from the Engineer, the subcontractor will be removed immediately
from the Work. That subcontractor will not again be employed on the Work.
If licensure or proper licensure is controverted, then proof of licensure pursuant to this
section must be made by production of a verified certificate of licensure from the
Contractors' State License Board which establishes that the individual or entity bringing
the action was duly licensed in the proper classification of contractors at all times during
the performance of any act or contract covered by the action. Nothing in this subdivision
requires any person or entity controverting licensure or proper licensure to produce a
verified certificate. When licensure or proper licensure is controverted, the burden of
proof to establish licensure or proper licensure is on the licensee.
2-3.2 ADDITIONAL RESPONSIBILITY
Add the following to Subsection 2-3.2 Additional Responsibility:
The Contractor will submit experience statements for each subcontractor who will
perform contract work that amounts to more than ten percent (10%) of the Work.
2-4 CONTRACT BONDS
The following paragraph is added to Subsection 2-4 of the Greenbook.
The Faithful Performance Bond and the Labor and Materials Bond must be paid up and
in effect for one year after the acceptance of the job by the City in accordance with the
guarantee required by Subsection 6-8.1.
2-5 PLANS AND SPEC 1FICXrIONS
Subsection 2-5.1 of the Greenbook is replaced by the following subsection.
2-5.1 GENERAL
The Contractor will maintain the following at the Work site:
One as -built copy of the Plans and Specifications, in good order and marked to
record current changes and selections made during construction. As -built plans
are to be submitted to the City representative for approval prior to acceptance of
the project as complete.
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2. The current accepted Contract Schedule.
3. Shop Drawings, Product Data, and Samples.
4. Approved permits from other agencies, including Cal -OSHA permits for trench
shoring.
5. All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the Work.
The Contract Documents are intended to be complementary and cooperative and
to describe and provide for a complete project. Anything in the Specifications
and not on the Plans, or on the Plans and not in the Specifications, will be as
though shown or mentioned in both.
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 DOCl.JMENTS
The following paragraph is added to subsection 2-5.2 of the Greenbook:
As the figured dimensions shown on the plans and in the specifications of the Contract
may not in every case agree with scaled dimensions, the figured dimensions will be
followed in preference to the scaled dimensions, and plans to a large scale will be
followed in preference to the plans to a small scale. Should it appear that the work to be
done, or any of the matters relative thereto, are not sufficiently detailed or explained in
the Contract, the Contractor will apply to the Engineer for such further explanations as
may be necessary, and will conform thereto as part of the Contract so far as may be
consistent with the terms thereof. Any items shown on drawings and not mentioned in
the specifications will be of like effect as if shown or mentioned in both.
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and existing
utilities that may affect the cost of the Work will be shown on the Plans or indicated in
the Specifications, the City does not warrant the completeness or accuracy of such
information.
The Contractor will carefully study and compare each of the Contract Documents with
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the others and with information furnished by the City and will promptly report in writing
to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or
inconsistencies with applicable law observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor before
commencing the Work. Errors, inconsistencies, or omissions discovered at any time will
be promptly reported in writing to the Engineer.
2-8 RIGH'F-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 SIJRVEYING
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
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requires their use.
2-9.3.2,MEASUREMENTAND 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 made
therefore.
3-3.2.2 BASIS FOR ESTABLISHINGCOSTS
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, I 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.
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3-3.3 DAILY REPORTS BY CONTRACTOR
Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor:
If disagreement continues regarding extra work, the Contractor may seek compensation
in accordance with the Claims procedure. Daily Reports required by this subsection must
be made part of the Claim as supporting data for the Claim.
3-4 CHANGED CONDITIONS
Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the
following subsection:
If the Contractor encounters concealed or unknown conditions that differ materially from
those anticipated or expected ("changed conditions"), the Contractor will immediately
notify the Engineer in writing of such changed conditions (upon discovery and before
disturbing such changed conditions), as provided in Subsection 6-11, so that the
Engineer can determine if such conditions require design details that differ from those
design details shown in the Contract Documents. Notwithstanding the thirty (30) day
time period set forth in Subsection 6-11.3, the Contractor will be liable to the City for
any extra costs incurred as a result of the Contractor's failure to promptly give such
notice.
Changed conditions will include, without limitation, the following:
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 ofthe
character being performed; and
3. Material differing from what is represented in the Contract which the Contractor
believes may be hazardous waste as defined in California Health & Safety Code
§ 25117 that is required to be removed to a Class I, II, or III disposal site in
accordance with applicable law.
The Engineer will promptly investigate conditions that appear to be changed conditions.
The Engineer's decision, and any dispute regarding that decision, will be made in
accordance with Section 6-11 except that the Engineer will render a decision promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is
subject to the following provisions:
The information is made available for the Bidders' convenience and is not a part
of the Contract.
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2. The City has not determined the accuracy or completeness of such information
and all such information is made available to Bidders without any representation
or warranty by the City whatsoever as to its accuracy, completeness, or
relevancy.
Bidders will independently evaluate such information for their use and will be
solely responsible for use or interpretation of such information. Any such use or
interpretation will not be the basis of any claim against the City.
3-5 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 INSPECTION R1 QUIREMEN"I"S
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
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rates established by the City.
4-1.6 'FRADE NAMES OR EOUAI-S
Whenever any material, product, equipment, or service is specified by brand, trade, or
proprietary name, the item so specified will be deemed to be followed by the words "or
equal".
For the City's consideration of a proposed "equal" item, the Bidder will submit, a
minimum of ten (10) calendar days before the date of the bid opening, documentation of
the particulars of the proposed "equal item". At a minimum, the submitted
documentation will include:
■ Written request with explanation of why the product should be considered as an
equal product.
■ Material specifications.
■ Technical specifications.
■ Test data.
■ Samples.
■ Comparison chart of key specifications of the "equal" item against similar
specifications of the specified item.
■ Work locations and reference telephone numbers of at least three (3) locations
where the proposed "equal" item has been recently installed under similar
conditions.
■ Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal" product
is acceptable to the City five (5) calendar days before the date ofthe 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 I. TIU"DIES
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.
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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
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 Meetinun
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
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fifteen (15) days of award.
6-1.2 CONTENT OF CONTRACT SCHEDULE
The Contract Schedule, and any updated Contract Schedule, will meet the following
requirements:
1. Schedules must be suitable for monitoring progress of the Work.
2. Schedules must provide necessary data about the time for the Engineer's
decisions.
3. Schedules must be sufficiently detailed to demonstrate adequate planning for the
Work.
4. Schedules must represent a practical plan to complete the Work within the
Contract Time.
5. Schedules must show the critical path method for completing the Work.
The Engineer's review of the form and general content of the Contract Schedule and any
updated Contract Schedules is only for the purpose of determining if the listed
requirements are satisfied, nothing more.
6-1.3 EFFECT OF CONTRACT S(;"HEL LJLE
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 ofthe 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.
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The Engineer's review and comments about any schedule or scheduling data will not
relieve the Contractor from its sole responsibility to plan for, perform, and complete the
Work within the Contract Time. Review and comments about any schedule will not
transfer responsibility for any schedule to the Engineer or the City nor imply their
agreement with (1) any assumption upon which such schedule is based or (2) any matter
underlying or contained in such schedule.
The Engineer's failure to discover errors or omissions in schedules that have been
reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are
behind schedule, or to direct or enforce procedures for complying with the Contract
Schedule will not relieve the Contractor from its sole responsibility to perform and
complete the Work within the Contract Time and will not be a cause for an adjustment of
the Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently accepted
Contract Schedule.
6-1.4 COMMENCEMENTOF 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
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amount due based on Contract Unit Prices or lump sums bid and the quantity and quality
of the work completed and in place at the time of termination, less damages caused to the
City by the Contractor's action or inaction.
In the event of such termination of control, the City may do any one, or combination of,
the following:
1. Serve written notice upon the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract. In such event the Surety
will, within 5 days, assume control and perform the Work as successor to the
Contractor;
2. The City may perform the Work itself and deduct the cost thereof from any
payment due to the Contractor;
3. The City may replace the Contractor with a different contractor to complete the
work and deduct the cost thereof from any payment due to the Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional remedy the City
may have under these Contract Documents or applicable law.
6-4.3 SI..DI ETY'S ASKJMPT1CN 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.
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Agreement No. 5684
6-6.1 GENERAL
If delays are caused by unforeseen events beyond the control of the Contractor, such
delays will entitle the Contractor to an extension of time as provided herein, but the
Contractor will not be entitled to damages or additional payment due to such delays
except as otherwise provided herein. Excusable delay may include: war, earthquakes
exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the
contemplation of the parties, strikes outside the contemplation of the parties, fires,
floods, changes to the Work as identified herein, or other specific events that may be
further described in the Specifications.
Delays to the project caused by labor disputes or strikes involving trades not directly
related to the project, or involving trades not affecting the project as a whole will not
warrant an extension of time.
The City will not grant an extension of time for a delay by the Contractor's inability to
obtain materials unless the Contractor furnishes to the Engineer documentary proof. The
proof must be provided in a timely manner in accordance with the sequence of the
Contractor's operations and accepted construction schedule.
Should delays be caused by events other than those included herein, the Engineer may,
but is not required to, deem an extension of time to be in the City's best interests.
6-6.2 EXTENSIONS OF TIME
If granted, extensions of time will be based upon the effect of delays to the critical path
of the Work as determined by the current accepted Contract Schedule. Delays to minor
portions of the Work that do not affect the critical path will not be eligible for extensions
of time.
6-6.3 PAYMENT FOR DELAYS TO 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.
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Any claim for payment or an extension of time must be in the form required by the
"Claims" sections of these Specifications.
In no event will the City grant the Contractor an extension of time if the delay is within
the Contract Time as identified by the Contract Documents.
6-7.2 WORK DAYS AND WORKING HOURS
City Hall is open from Monday thru Thursday lam -6pm. It is closed every Friday and
the following holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
- Tuesday, January 1, 2019
- Monday, January 21, 2019
- Monday, February 18, 2019
- Monday, May 27, 2019
- Thursday, July 4, 2019
- Monday, September 2, 2019
- Monday, November 11, 2019
- Thurs-Fri, November 28-29, 2019
- Tuesday, December 24, 2019
- Wednesday, December 25, 2019
- Tuesday, December 31, 2019
- Wednesday, January 1, 2020
Working on Fridays when City Hall is closed is acceptable; however, if the Contractor
requests an inspection a day when City Hall is closed, then the Contractor will have to
reimburse the City for the costs of inspection. The Contractor must request such an
inspection at least 48 hours in advance. City inspections during hours when City Hall is
closed are subject to inspection overtime fees to be paid for by the Contractor. Friday
work that does not require inspection can be done without an inspection fee and must be
discussed with City staff prior to its occurrence. If the Contractor does construction on a
Friday or a day when City Hall is closed, that day shall be counted as a project working
day.
On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and
4:00 p.m.
Please see Section 6-7.5 below for weekend and holiday work restrictions.
6-7.4 NIGHT WORK
The following paragraph is added to Section 6-7 of the Greenbook:
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
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receives prior written approval.
6-7.5 WEEKEND AND HOI.,IDAY WORD
The Engineer may, but is not required to, allow the Contractor to work on Saturdays,
Sundays and City Holidays.
6-8 COMPLETION AND ACCEPTANCE
Subsection 6-8 is deleted in its entirety and replaced by the following:
The Work will be inspected by the Engineer for acceptance upon the Engineer receiving
the Contractor's written assertion that the Work is complete.
If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the
Engineer will accept the Work on behalf of the City in the manner prescribed by the
City. The Engineer will recommend approval of the Notice of Completion to the City
Council. This will be the date when the Contractor is relieved from responsibility to
protect the Work.
All work will be guaranteed by the Contractor against defective workmanship and
materials furnished by the Contractor for a period of 1 year from the date the Work was
completed. The Contractor will replace or repair any such defective work in a manner
satisfactory to the Engineer, after notice to do so from the Engineer, and within the time
specified in the notice. If the Contractor fails to make such replacement or repairs within
the time specified in the notice, the City may perform this work and the Contractor's
sureties will be liable for the cost thereof.
6-8.1 GENERAL GUARANTY
The Contractor will remedy any defects in the work and pay for any damage to other
work resulting therefrom, which will appear within a period of one year from the date of
final acceptance of the work unless a longer period is specified. The owner will give
notice of observed defects with reasonable promptness.
6-9 LIOUIDATED DAMAGES
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
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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:
].. Claims respecting penalties for forfeitures prescribed by statute or regulations,
which a government agency is specifically authorized to administer, settle, or
determine.
2. Claims respecting personal injury, death, reimbursement, or other compensation
arising out of or resulting from liability for personal injury or death.
3. Claims respecting a latent defect, breach of warranty, or guarantee to repair.
4. Claims respecting stop notices.
If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance
of a written final decision denying in whole or in part the Contractor's Change Order
Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when
the Contractor discovers, or reasonably should discover, the condition or event giving
rise to the Claim.
6-11.2 FORM
A Claim must include the following:
1. A statement that it is a Claim and a request for a decision.
2. A detailed description of the act, error, omission, unforeseen condition, event or
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.
II -B-18
Agreement No. 5684
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
b) A detailed statement demonstrating that the error or omission reasonably
should not have been discovered by the Contractor, its Subcontractors
and suppliers, before submitting a bid for the Contract.
6. If the Claim involves an extension of the Contract Time, written documentation
demonstrating the Contractor's entitlement to a time extension.
7. If the Claim involves an adjustment of the Contract Sum for delay, written
documentation demonstrating the Contractor's entitlement to such an adjustment.
A personal certification from the Contractor that reads as follows:
"I, r� „ BEING THE (MUST BE AN OFFICER)
OF -- (CONTRACTOR NAME), DECLARE UNDER
PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO
PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY
REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL
COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS
CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE
II -B-19
Agreement No. 5684
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 SUIIMIT"I"EDTO 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 PREREOLd1SI'TE .1"O OTI-IER REMEDY,
The Contractor certifies that it is familiar with PCC § 10240.2 and understands and
agrees that submitting a Claim in accordance with these Specifications is an express
condition precedent to the Contractor's right to otherwise pursue a claim whether
through alternative dispute resolution or by litigation. Should the Contractor fail to
submit a claim in accordance with these Specifications, including the time limits set forth
herein, it will waive any right to a remedy, whether in law or equity, it might otherwise
have pursuant to the Contract Documents or applicable law.
6-11.5 DECISION ON CLAIMS
The Engineer will promptly review Claims submitted by the Contractor in accordance
with these Specifications. Should the Engineer require additional supporting evidence to
evaluate the claim, the Engineer will request such additional information in writing. Any
such requested data will be furnished not later than 10 calendar days after the Contractor
receives the Engineer's request.
The Engineer will render a decision not later than 30 days after either receiving the
Claim or the deadline for furnishing additional supporting data, whichever is later. If the
Engineer fails to render a decision within the time period established herein, then the
Claim will be deemed denied. The Engineer's decision will be final and binding unless
appealed in accordance with these Specifications.
The Engineer's decision on a Claim will include a statement substantially as follows:
II -B-20
Agreement No. 5684
"This is a decision pursuant to the General Specifications of your contract. If you are
dissatisfied with the decision, and have complied with the procedural requirements for
asserting claims, you may have the right to alternative dispute resolution or litigation.
Should you fail to take appropriate action within 30 calendar days of the date of this
decision, the decision will be come final and binding and not subject to further appeal."
6-11.6 APPEAL OF ENGINEER'S DECISION
Should the Contractor dispute the Engineer's decision, then the Contractor must appeal
that decision to the City's Public Works Director within 30 calendar days of receiving
the Engineer's decision.
The Public Works Director will address disputes or claims within 30 calendar days after
receiving such request and all necessary supporting data. The Public Works Director's
decision on the dispute or claim will be the City's final decision.
If the Contractor disputes the Public Works Director's decision, then the Contractor must
demand alternative dispute resolution in accordance with this Section and the PCC
within 30 calendar days of the City's final decision.
6-11.7 MEDIATION
If the City and the Contractor agree, disputes between the parties may be submitted to
non-binding mediation. If the parties cannot agree to an alternative form of mediation,
then mediation will be administered by the American Arbitration Association ("AAA")
under its Construction Industry Mediation Rules, unless the use of such rules are waived
by mutual stipulation of both parties.
The parties may, but are not required to be, represented by counsel in mediation.
The requirement for mediation will not alter or modify the time limitations otherwise
provided for claims and no conduct or settlement negotiation during mediation will be
considered a waiver of the City's right to assert that claim procedures were not followed.
6-11.8 ARBITRATION
If the City and Contractor do not agree to mediation, then a disputes will be submitted to
neutral non-binding (except as provided herein) arbitration. Arbitration will be
conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator
will be consistent with PCC § 10240.8.
The exclusive venue for any arbitration will be in Los Angeles County.
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.
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Agreement No. 5684
6-11.9 WI-IEN ARBI'"RATION DECISION BECOMES BINDING
The decision rendered by the arbitrator will become binding upon the parties unless
appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within
30 calendar days of the decision. If subsequent litigation results in an award to the party
appealing the arbitration that is less than or equal to that of the arbitration decision, or if
the litigation results in a decision in favor of the nonappealing party, then the party
appealing the arbitration will pay the nonappealing party's attorney's fees and court
costs.
6-11.10 APPEAL TO SUPERIOR couRT: WAIVER OF JURE" '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.
6-11.11 AB 626 CLAIMS: PROCESS
Claims made by a Contractor for one or more of the following are subject to the claim
resolution process set forth in Public Contract Code section 9204:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the city under a contract for a public works project.
(B) Payment by the city of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and
payment for which is not otherwise expressly provided or to which the claimant is not
otherwise entitled.
(C) Payment of an amount that is disputed by the city.
7-2 LABOR
The following subsections are added to Subsection 7-2 of the Green Book.
II -B-22
Agreement No. 5684
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
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.
II -B-23
Agreement No. 5684
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
OCCURRENCE
Comprehensive General Liability
Business Auto
Workers' Compensation
ISO FORM COMBINE
D
SINGLE
LIMIT
CL 00 02 01 85 or 88 $2,000,000
CA 00 0101 87 $1,000,000
Statutory
Contractor will provide endorsements or other proof of coverage for contractual liability.
Combined single limit per occurrence will include coverage for bodily injury, personal
injury, and property damage for each accident.
If Commercial General Liability Insurance or other form with a general aggregate limit is
used, the policy will be endorsed such that the general aggregate limit will apply
separately to this contract and a copy of the endorsement provided to the City.
Liability policies will contain, or be endorsed to contain the following provisions:
GENERAL LIABILITY AND AUTOMOBILE LIABILITY:
The City, its officers, officials, employees, agents, and volunteers will be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
II -B-24
Agreement No. 5684
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:
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
II -B-25
Agreement No. 5684
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
Contractor's bid and no additional compensation for purchasing insurance or additional
coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any reason,
voided or suspended, Contractor agrees that City may arrange for insurance coverage as
specified, and Contractor further agrees that administrative and premium costs may be
deducted from payments due to the Contractor. Contractor will not be allowed to work
until alternate coverage is arranged.
Coverage will not extend to any indemnity coverage for the active negligence of the
additional insured if the agreement to indemnify the additional insured would be invalid
under Civil Code § 2782(b).
7-3.2 INDEMNIFICATION AND DEFENSE,
In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and
Agreement No. 5684
Contractor, Contractor will take and assume all responsibility for the work as stated
herein or shown on the plans.
The Contractor will bear all losses and damages directly or indirectly resulting to it, to
the City, its officers, employees, and agents, or to others on account of the performance
or character of the work, unforeseen difficulties, accidents, traffic control, job site
maintenance, or any other causes whatsoever.
The Contractor will assume the defense of and indemnify and save harmless the City of
El Segundo, its officers, employees, and agents, from and against any and all claims,
losses, damage, expenses and liability of every kind, nature, and description, directly or
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 ofthe 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 ofthe City, or
its agents, servants or independent contractors who are directly responsible to the City,
or for defects in design furnished by such persons. Moreover, nothing in this Subsection
7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City
from, liability for active negligence of the City.
The City does not, and will not, waive any rights against the Contractor which it may
have by reason of the aforesaid hold harmless agreements because of the acceptance by
the City, or deposit with City by Contractor, of any insurance policies described in
Subsection 7-3 of the Special Provisions. This hold harmless agreement by the
Contractor will apply to all damages and claims for damages of every kind suffered, or
alleged to have been suffered by reasons of any ofthe aforesaid operations of Contractor,
or any subcontractor, regardless of whether or not such insurance policies are determined
to be applicable to any of such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans, in
releasing any bond, in inspecting or accepting any work, or of any other nature, will in
any respect relieve the Contractor or anyone else from any legal responsibility,
obligation or liability he might otherwise have.
7-5 PERMITS
The following paragraph will be added to Subsection 7-5 of Greenbook:
The Contractor will apply for permits required by the City Building Safety Division.
These permits will be issued on a "no -fee" basis. However, the Contractor must pay for
and obtain all other permits from other governmental and utility agencies necessitated by
their operations.
101-I&M
Agreement No. 5684
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
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 -
II -B-28
Agreement No. 5684
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
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.
Agreement No. 5684
7-10.1 "1'l AFFIC 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 II per Section 7-3 and lights will be Type A per Section 7-6 of the "Work Area
Traffic Control Handbook" (WATCH).
7-10.2 SJ'FEET CLOSURES. (DETOURS, BARRICADES
Street closures will not be allowed except as specifically permitted by the Engineer.
The Contractor will prepare any traffic control or detour plans that may be required as
directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30)
to one (1).
Temporary traffic channelization will be accomplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Engineer.
The Contractor will prepare any plans that may be required for temporary striping to the
satisfaction of the Engineer. In no event will temporary striping be allowed on finish
pavement surfaces, which are to remain.
Where access to driveway or street crossings need to be maintained, minimum 11/4 inch
thick steel plating will be used to bridge the trench. All steel plating will have temporary
asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over
the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in
residential areas will be secured by welding at the discretion of the Engineer.
II -B-30
Agreement No. 5684
7-10.5 PROTECTION OF T14E 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 I-IAZARDOUS MATERIAL
The following Subsection will be added to Section 7 of the Greenbook:
For any excavation, which extends more than four feet below existing grade, the
Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in
writing, of 1) any material that the Contractor believes may be hazardous waste, as
defined in Health and Safety Code § 25117, which is required to be removed to a Class I,
Class II, or Class III disposal site in accordance with provisions of existing law, 2)
subsurface or latent physical conditions at the site differing from those indicated, or 3)
unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the Contract Documents.
After receiving notice from the Contractor, the Engineer will promptly investigate any
condition identified by the Contractor as being hazardous. The rights and obligations of
the City and the Contractor with regard to such conditions (including, without limitation,
II -B-31
Agreement No. 5684
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 IXMP SUM WORK
Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and
replaced by the following:
Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for
at the price indicated in the Proposal. Such payment will be full compensation for all
costs for labor, equipment, materials and plant necessary to furnish, construct and install
the lump sum item of work, complete, in place, and for all necessary appurtenant work,
including, but not limited to, all necessary cutting, patching, repair and modification of
existing facilities, and clean up of site.
Contractor will furnish three copies of a detailed schedule, which breaks down the lump
sum work into its component parts and cost for each part, in a form and sufficiently
detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of
the lump sum. This schedule is subject to approval by Engineer as to both the
components into which the lump sum item is broken down, and the proportion of cost
attributable to each component.
This schedule will be the basis for progress payments for the lump sum work.
9-3.2 PARTIAL AND FINAL PAYMENTS
The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and
replaced with the following:
The closure date for the purpose of making partial progress payments will be the last
working day of each month. The Contractor will prepare the partial payment invoice
with measurement of the work performed through the closure date and submit it to the
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Agreement No. 5684
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
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
II -B-33
Agreement No. 5684
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.
- END OF SECTION -
11-13-34
Agreement No. 5684
SECTION III — SP"ECIAL PROVISIONS
��g�I `I�;s7 �I
1.1 GENERAL SCOPE OF WORK
The work to be done consists of furnishing all labor, materials, tools, equipment and
incidental for the construction/installation, complete in place, of street resurfacing
(asphalt concrete overlay), utility manholes and valve cans adjustments, traffic loops
restoration, striping, street sweeping, and traffic control as described in the Special
Provisions.
This project will involve A.C. Overlay. One lane of through traffic shall be allowed in
the construction area at all times. Existing pavement markers and striping shall be
removed for the paving and then re -installed once resurfacing has occurred. Catch
basins shall be appropriately protected from construction debris, and existing flow
lines to catch basin shall be maintained during and after street resurfacing. Contractor
shall implement pedestrian and vehicle traffic control to direct the general public away
from the project site before and during construction. All work shall conform to all
applicable state, local, regional and Federal codes, ordinances, and regulations as
prescribed by the City.
1.2 GENERAL STANDARDS AND PROJECT SPECIFICATIONS
1. All work shall be performed in accordance with the Standard Specifications for
Public Works Construction, 2018 or latest edition, including supplements thereto,
American Public Works Association, Standard Plans for Public Works
Construction, the City of El Segundo Engineering Division's Standard Drawings,
unless otherwise shown on the plans, or as specified herein.
2. Strict compliance with State and local safety codes will be enforced.
3. Legible copies of material/weight certification shall be turned over to the inspector
on a daily basis.
4. The Engineer's decision shall be final as to interpretation and/or conflict between
any of the referenced code, laws, ordinances, specifications and standards
contained herein.
1.3 LOCATION OF WORK
Various locations throughout the City. See the Street Resurfacing Plans in the
Appendix.
1.4 EXAMINATION OF JOB SITE
The Bidder shall make a detailed physical inspection of the site before submitting his/
her proposal. It is understood that the Bidder has satisfied himself/ herself regarding
existing conditions and existing access conditions which may affect bid prices for the
proposed work.
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Agreement No. 5684
1.5 WORKING DAYS, TIME FOR COMPLETION AND CONSTRUCTION
SEQUENCE
Contractor will commence work on date specified in the Notice to Proceed to be issued
to said Contractor by the Public Works Department of City and will complete work on
the Project, within 25 (Twenty Five) WORKING DAYS after the date of
commencement.
Hours of work shall be limited to 7:00 a.m. through 4:00 p.m. weekdays only, unless
otherwise specified.
1.6 NOTIFICATIONS
The Contractor will notify all agencies listed here in a minimum of forty-eight (48) hours
before start of operation. The following list of names and telephone numbers are intended for
the convenience of the Contractor and the City does not guarantee either the completeness or
correctness of this list.
OPERATION OFFICE TELEPHONE
Start of work, Ken Berkman, Director of Public Works 310-524-2356
shutdown of work, Arianne Bola, Project Manager 310-524-2364
or resumption of work Austreberto Moreno, Street Supervisor 310-524-2899
after shutdown
Closing of streets El Segundo Police Department" 310-524-2200
El Segundo Fire Department" 310-524-2236
Street striping Street Maintenance Division 310-524-2709
Water/Sewer/Storm Drain Damian Vos / Ron Campbell / Ron Fajardo 310-524-2742
** The Contractor will notify the Engineering Division before notifying these offices.
The following information is provided for Contractor's use to notify agencies iftheir facilities
are affected by Contractor's work:
1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600
2. City of El Segundo - Water/Wastewater Division 310-524-2742
3. City of El Segundo - Recreation and Parks 310-524-2707
4. Southern California Gas Company 310-671-9002
5. Southern California Edison Company (SCE) 310-417-3366
6. Pacific Bell 310-515-4430
111-A-2
7. Time Warner Communication (Cable)
8. Los Angeles County Sanitation District
9. El Segundo Unified School District
1.7
1.8
[WE
MOBILIZATION
Agreement No. 5684
310-768-0400 Extension 414
310-699-7411
310-615-2650
Mobilization shall conform to the provisions of Section 9-3.4 of the Greenbook. The
scope of work under mobilization includes but is not limited to:
a. Obtaining and paying for all required bonds, insurance, permits, and licenses
b. Moving on to the site of all Contractor's equipment required for operations
c. Installing and removing of all temporary facilities required for operations.
d. Posting all OSHA required notices
e. Submittal of Construction Schedule, Contractor Contact List, and Notices to City
staff for City approval
f. Notification of City staff, residents, businesses, and motorists, including temporary
warning and safety signage where construction is occurring. Notification shall be
furnished by Contractor and shall be distributed seventy-two (72) hours prior to work
in that area.
g. Re -notification of all affected parties for all construction schedule changes.
h. Traffic control as required per W.A.T.C.H. manual or approved traffic control plans.
i. Coordination with utility agencies, street sweeper, and waste hauler to avoid conflicts
during project activities.
j. Restoration, to existing standard conditions or better, of public property damaged
during construction
k. NPDES permit compliance
1. Bringing unforeseen field conditions to City staff s attention in a timely manner.
in. Demobilization
INSPECTION
On all questions relating to quantities, the acceptability of material, or work, the
execution, progress or sequence of work and the interpretation of specifications or
plans, the decision of the City Engineer is final and binding, and shall be precedent to
any payment under the contract.
All work and materials are subject to inspection and approval of the City Engineer.
Inspection of the work shall not relieve the Contractor of the obligations to fulfill all
conditions of the contract.
PUBLIC/ RESIDENT NOTIFICATION
Due to the nature of this project involving some inconvenience to residents,
businesses, and the public, a good public relations program is mandatory and evidence
of satisfactory past performance in this area will be required.
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Agreement No. 5684
The City will require the Contractor to distribute two (2) "Public Notice's" to each
business and resident affected by the construction. Notices must be approved by the
City prior to distribution. Notices shall include the project times, dates, working hours,
and description of project activities and shall inform residents of the possible effects of
driving through the asphalt and onto their properties before the pavement is set. The
first notice shall be distributed ten (10) calendar days prior to the start of any work.
The second notice shall be distributed at least forty-eight (48) hours prior to the start of
work. Said notice shall be attached to a red information hanger provided by the
Contractor and hung on the front door knob of every resident/ business on the project
streets.
Same-day re -notification of residents is required if major overlay activities change for
a particular street, i.e. the street will not be coldmilled or paved on the day residents
were told it would be. Re -notification shall provide residents on affected streets with
the reasons for the schedule change, the new paving schedule, and a Contractor contact
for any questions.
1.10 TRAFFIC CONTROL, PUBLIC SAFETY AND CONVENIENCE
Traffic control, construction signing and traffic maintenance shall comply with the
provisions of Sub -section 7-10 of the Greenbook and the current requirements set
forth in the California Manual on Uniform Traffic Control Devices published by the
Department of Transportation, State of California, the Contractor's Traffic Control
Plans and these Special Provisions.
PUBLIC CONVENIENCE:
At the pre -construction meeting, the Contractor shall submit a construction schedule to
the City for approval. Based on the construction schedule, the Contractor will notify
residents and businesses of the proposed work (as discussed in Section 1.10 above) and
post temporary "NO PARKING" signs at no cost to the City. Signs shall be posted at
all intersections a maximum of 200 feet between signs. Signs may be attached to
existing poles or street light standards.
When necessary, the Contractor shall furnish the posts. Signs shall be posted at least
seventy-two (72) hours prior to any construction in the area. Signs shall show specific
dates and time of parking restrictions. (See Appendix for City of El Segundo Standard
Drawing No. ST -18 "Typical Temporary No Parking Sign".)
The dates and times on the signs shall be site specific and shall cover the minimum
time required for "NO PARKING" to facilitate construction. Generic long term "NO
PARKING" time designations are not acceptable. Parking shall not be restricted during
any period when construction activity is not scheduled at the particular site.
On streets where parking is being temporarily prohibited on one side due to
construction and where the other side of the street has permanent "NO PARKING
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Agreement No. 5684
ANYTIME" signs, the Contractor shall contact the City Police Department and Public
Works Department Street Division and obtain approval to bag these "NO PARKING
ANYTIME" signs until construction has been completed for the subject block.
ONCE A SECTION OF STREET HAS BEEN POSTED, FAILURE OF THE
CONTRACTOR TO MEET AND COMPLETE THE APPROVED DAILY
SCHEDULE DUE TO CONDITIONS' UNDER THE CONTRACTORS
CONTROL, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE
AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE,
IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR
FAILURE TO MEET AND COMPLETE THE SCHEDULE AFTER POSTING,
THE CONTRACTOR SHALL PAY TO THE CITY, OR HAVE WITHELD
FROM MONIES DUE, THE SUM OF $200 AS LIQUIDATED DAMAGES FOR
EACH DAY OF ADDITIONAL POSTING REQUIRED TO COMPLETE THE
PROPOSED WORK. REPOSTING AND NOTIFICATION WILL BE
REQUIRED FOR EACH MISSED DAY. SAID POSTING AND
NOTIFICATION WILL BE AT THE CONTRACTOR'S EXPENSE.
The Contractor shall be responsible for adequate barricading of the work area and
controlling of traffic in the vicinity of the project as specified in Sub -section 7-10 of
the Greenbook. Should the Contractor appear to be neglectful or negligent in
furnishing warning and protective devices, the City Engineer may direct attention to
the existence of a hazard and the necessary warning and protective measures shall be
furnished and installed immediately by the Contractor at his/her expense.
Should the City point out the inadequacy of warning and protective measures, such
action on the part of the City Engineer shall not relieve the Contractor from
responsibility for public safety or abrogate his/her obligation to furnish and pay for
these devices. If said devices will be placed or caused to be placed by the City
Engineer, the cost of placing such devices shall be the sole responsibility of the
Contractor and shall be paid for the rate of $50/hour for labor and vehicle use, $20/day
per barricade and any other costs incurred by the City relative to traffic control. Said
costs shall be deducted from the total contract price for the work.
CONSTRUCTION SIGNING
Construction signing shall consist of furnishing, installing, maintaining and removing
construction signs and barricades as required by the California Manual on Uniform
Traffic Control Devices. The traffic control system shall be installed on a road prior to
starting work for that road and shall not be removed until all work has been completed
on that road.
TRAFFIC MAINTENANCE
The Contractor shall be responsible for handling vehicular and pedestrian traffic in
accordance with Sub -section 7-10 of the Greenbook and of these Special Provisions.
The Contractor shall prepare all necessary traffic control plans prior to commencement
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Agreement No. 5684
of any work and submit to the City for approval at the pre -construction meeting.
The Contractor shall cooperate with the City Engineer relative to handling traffic
through all work areas
When two-way traffic is restricted to one (1) lane, traffic shall be controlled as
required by California Manual on Uniform Traffic Control Devices. A pilot car and
driver will be required at various locations if control by flaggers proves deficient in the
opinion of the Engineer.
In no case shall the Contractor provide less than one (F) lane of travel throur^R;h the
construction zone on all of the subiect streets.
Contractor's equipment and personal vehicles of the Contractor's employees shall not
be parked on the traveled way at any time. Parking of construction equipment shall be
confined to the approved storage site.
The Contractor shall conduct all operations so as to provide reasonable access to the
adjoining properties and have no greater length or quantity of work under construction
that can be properly prosecuted with a minimum of inconvenience to the public.
For each establishment, i.e. parking lots, business establishments and apartment
buildings, the Contractor shall provide vehicular access to at least one (1) driveway.
1.11 NPDES COMPLIANCE
a. Contractor shall thoroughly clean dust and debris resulting from his operations to
comply with the "Clean Water Act." Sweeping, wet vacuuming, and/or other
approved measures of removing such debris shall be taken during the removal and
construction operations. No dust or debris shall be deposited or discharged into the
storm drain facilities.
Contractor shall not discharge or permit to be discharged to any street, channel, river,
storm drain, or any appurtenances thereof, any non -rain water or other fluid
substance from the project or from operations pertaining to the project site without
first securing a valid National Pollutant Discharge Elimination System (NPDES)
permit unless the discharge is specifically listed as exempt or conditionally exempt in
the most current list issued by the Regional Water Quality Control Board, Los
Angeles Region.
Contractor shall implement all necessary Best Management Practices (BMPs) to
ensure that any conditionally exempt discharge meets all current requirements of the
Regional Water Quality Control Board and City.
City may prohibit or restrict any discharge if, in its sole discretion, the discharge is
polluting, unsafe, or causes a nuisance condition to be created.
b. Contractor shall reduce the discharge of pollutants in storm water runoff to the
III -A-6
Agreement No. 5684
maximum extent practicable by the effective implementation of appropriate BMPs.
The following are the minimum requirements:
1. Sediments from areas disturbed by construction shall be retained on site and
stockpiles of soil shall be properly contained to minimize sediment transport
from the site to streets, drainage facilities, or adjacent properties via runoff,
vehicle tracking, or wind.
2. Construction -related materials, wastes, spills, or residues shall be retained at the
construction site to minimize transport from the work area to streets, drainage
facilities or adjoining properties via vehicle tracking, runoff, or wind.
3. Non-stormwater runoff from equipment and vehicle washing shall be contained
at project sites.
4. Erosion from slopes and channels shall be controlled by implementing an
effective combination of BMPs, such as limiting grading scheduled during the
wet season; inspecting graded areas during rain events; planting and maintenance
of vegetation on slopes; and covering erosion susceptible slopes.
c. The selection, submittal, and adherence to BMPs are the responsibility of the
Contractor. The selected BMPs must be submitted to and approved by City prior to
performing any operation under this contract which will disturb or expose soil,
including, but not limited to: excavation, grading, demolition, clearing and grubbing,
pavement removal, etc.
d. Construction activity that results in soil disturbances of less than one acre is subject
to the General Permit for Storm Water Discharges Associated with Construction
Activity (General Permit) ifthe construction activity is part of larger common plan
of development that encompasses one or more acres of soil disturbance or ifthere is
significant water quality impairment resulting from the activity.
If it is determined that the entire site consists of one acre or greater, the Contractor
must file a Notice of Intent (NOI) with the State to comply with the terms of the
General Permit, and must provide proof ofa Waste Discharge Identification (WDID)
Number to the City prior to the issuance of a grading permit. The preparation,
submittal and adherence to all NOIs, Storm Water Pollution Prevention Plans
(SWPPPs), Wet Weather Erosion Control Plans (WWECPs), and Contractor Self -
Inspection Forms are the responsibility of Contractor.
e. The City may restrict the continuation of work if it is determined that the Contractor
has not met all the NPDES requirements.
f. The cost of complying with these environmental requirements shall be considered
included in the Contract bid price for other items of work unless the cost of
compliance is listed as a separate bid item within the bid schedule.
1.12 COOPERATION WITH CONCURRENT CONSTRUCTION AND OPERATIONS
The Contractor shall cooperate with other contractors and the City's personnel
performing work in the vicinity, shall conduct its operations in a manner to prevent
unnecessary delay or hindrance to their work, and shall coordinate its work with theirs to
III -A-7
Agreement No. 5684
permit proper and timely completion of all projects in the area.
1.13 COORDINATION WITH AFFECTED BUSINESSES AND RESIDENTS
The Contractor shall respond to any complaints received from a property owner
(business or resident) and contact the complainant within one (1) working day. The
complaint shall be resolved within two (2) working days from the date on which it was
received.
The Contractor shall adjust its schedule in order to allow affected Businesses to operate
as regularly scheduled.
1.14 PROTECTION OF EXISTING IMPROVEMENTS
Existing public and/or private improvements, adjacent property, utility and other
facilities, trees, fences, sprinkler systems, plants, City benchmarks and centerline ties
that are not to be removed, shall be protected from injury or damage as provided for in
Sub -section of Part 1 of the Greenbook.
Any pavement, curb, gutter, landscaping or sidewalk removed beyond the limits
established by the City Engineer shall be reconstructed by the Contractor at his own
expense and no additional compensation will be allowed.
1.15 USE OF PRIVATE PROPERTY
The use of any private property by the Contractor is prohibited. The prohibited
uses include, but not limited to, Contractor's use of water, electricity or natural gas from
the private property, and storage of material or equipment and turning around/parking of
his vehicles on private property.
1.16 CONSTRUCTION STAGING AREA
The Contractor shall not store materials or equipment in the public right-of-way without
prior written authorization from the City Engineer. The Contractor shall store materials
or equipment in authorized area only.
1.17 ACCESS TO DRIVEWAYS
Access to driveways shall be maintained at all times for residents and businesses
during non -working hours of 4:00 p.m. through 7:00 a.m. weekdays and 24 -hours a
day on weekends and holidays.
1.18 TIE -OUT & RE-ESTABLISH SURVEY MONUMENTS AND BENCHMARKS
In accordance with Section 8771 ofthe Business and Professional Code, the Contractor
will be required to hire a licensed land surveyor to tic out monumentation affected by the
project prior to commencement of construction and require the land surveyor to file
corner records with the City Engineer; and re-establish any such monuments or
benchmarks damaged or destroyed during construction and file corner records with the
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Agreement No. 5684
City of El Segundo Public Works Department after replacement.
The City shall determine which monuments found and listed in the Contractor's
Surveyor's letter are to be tied out and re-established.
1.19 DISPOSAL OF REMOVALS AND SURPLUS MATERIALS
All removed materials as well as excavated and unsuitable materials shall become the
property of the Contractor and shall be legally disposed by him/ her away from the site
of work.
Note: There are no authorized dump facilities within the City of El Segundo.
1.20 REPAIRS, REPLACEMENTS AND CLEANUP
The Contractor shall repair at his/her own expense any damage to curbs, gutters,
sidewalks, landscaping and irrigation systems, or any other property of the City, or of
adjacent private property caused him/her in the performance of the work.
Materials and equipment shall be removed from the site as soon as they are no longer
necessary. Upon completion of the work and before final inspection, the entire
worksite shall be cleared of equipment, unused materials, and rubbish so as to present a
satisfactory and neat appearance.
Work will not be approved until proper cleanup is accomplished. All cleanup costs
shall be absorbed in the Contractor's bid.
1.21 TRASH PICKUP, STREET SWEEPING, AND MAIL DELIVERIES
The Contractor shall coordinate with the City waste hauler and the City street sweeper
to avoid construction conflicts on days when trash will be collected or streets will be
swept on project streets.
If applicable, the Contractor must also coordinate with the UP Post Office to ensure
that residents and or business mail will be delivered without interruption. The
notification to the US Post Office shall be submitted to the City for approval before the
notice is sent out.
1.22 CONTRACTOR VEHICLE PARKING
Contractor's equipment and personal vehicles of the Contractor's employees shall not
be parked on the traveled way or on the medians at any time. Parking of construction
equipment shall be confined to the approved storage site.
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Agreement No. 5684
2.0 PAVING ACTIVITIES
2.1 COLD MILLING
In accordance with Section 302-5.2, cold milling from gutter or pavement edge to a
depth of 2 inches is required, only on the portions shown on the street to be cold
milled. The final cut shall result in a uniform surface conforming to the typical cross
section. It is the Contractor responsibility to remove all the thermoplastic pavement
markings prior to the cold milling operation.
Asphalt to be discarded shall be removed from the project site and properly disposed of
the same day. The Contractor shall take care that areas shall be sufficiently watered
down during demolition as well as construction for dust control. Spillage resulting
from material hauling operations along or across any public traveled way shall be
removed immediately by the Contractor at no expense to the City.
After cold planning, the Contractor is required at all transverse joints and manholes to
immediately taper three (3') feet from the edges with cold mix asphalt concrete until
the areas can be permanently filled with hot mix. Temporary ramping, where required
by the inspector or City staff for traffic control or other purposes, and shall be
considered included in the price bid for "Mobilization and Traffic Control", and no
additional compensation will be allowed.
Asphalt shall be installed the same week that cold milling occurs on the same street,
unless there is a rain delay. The contractor shall ensure that a second asphalt company
can provide the asphalt materials should there be any reason the primary supplier
cannot deliver the materials. Ifthe contractor cannot guarantee that asphalt paving will
occur on a street within the required time frame, no cold milling will be allowed to
take place on that street until it can be scheduled as described. City streets are not to be
left unpaved for more than three working days.
Contractor shall be required to provide documentation that the asphalt material
collected from the grinding process is recycled and diverted from the landfill. This
documentation may be in the form of weight slips from a known recycling facility or a
verifiable letter from the end-user. Any documentation submitted must contain
accurate quantities in either tons or cubic yards. Failure to provide such documentation
may be grounds to withhold final payment.
Contractor's attention is directed to the condition that if presence of pavement fabric,
petromat, rubberized material or steel reinforcement within the depth to be cold -milled
is encountered, Contractor shall inform the inspector or City staff immediately.
Pavement fabric, petromat, rubberized material, or steel reinforcement shall be
completely removed and disposed of appropriately.
At all locations where an overlay pavement is joining or overlaying existing asphalt
pavement, the Contractor shall cold mill existing pavement to provide straight neat
lines and feather the new pavement to form a smooth transition with the existing
pavement. This condition is particularly required as locations where the project joins
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Agreement No. 5684
the existing pavement. The Contractor will also be required to match the existing
pavement elevations. The final cap transition between the streets must be smooth and
neat in appearance, including the radius points.
The Contractor shall thoroughly inspect the work site in advance of the cold milling
operations to minimize the risk of striking any metal roadway improvements such as
sewer, communications, storm drain manhole covers, water and gas valve covers since
these utilities were not marked on plans provided in these specifications.
Care shall be exercised not to damage adjacent concrete curbs or gutters. Curb or
gutter damaged due to cold milling work shall be replaced as approved by the inspector
or City staff at the Contractor's expense. The contractor shall restore any existing area
drainage when replacing curb.
Residue from grinding shall not be permitted to flow or travel into gutters, onto
adjacent street surfaces or parkways. All residues shall be completely removed by
street and manual sweeping and properly disposed. No washing of residue into
drainage structures will be allowed. All catch basins and curb inlets shall be covered,
utilizing the best management practice (BMP) which most appropriately fits the
situation, and as approved by the City Engineer. The Contractor shall also make every
effort to control all dust created by his operations by utilizing the Best Management
Practice approved by the State Water Resource Control Board.
2.2 ASPHALT CONCRETE OVERLAY
Work to be performed under this item shall conform to Section 300 of the Standard
Specifications and these Special Provisions. Asphalt concrete hot mix, C2 -PG 64-10,
shall conform to applicable Subsection 203 of the provisions of Section 200 of the
Standard Specification and these Special Provisions. The viscosity grade of paving
asphalt shall be PG 64-10. Tack coat shall be PG 64-10.
This work shall consist of furnishing, spreading and compacting a 3 5/8" thick asphalt
concrete pavement surface course. This work shall also consists of applying paint
binder (tack coat) to the existing pavement surface and vertical surfaces to be joined.
Joining existing pavement shall be done to the satisfaction of the Engineer.
The finished edge of the new pavement at gutter plate shall be no less than '/4" and no
greater than 3/8" above the existing gutter plate.
Where new paving joins existing paving, ground down the existing surfaces twelve
(12) inches back from the joint line so that there will be sufficient depth to provide a
minimum of one (1) inch of asphalt concrete. Join line shall be straight and edges
vertical.
Contractor shall be responsible for verification of grades prior to installation of asphalt
hot mix paving. Contractor shall guarantee positive drainage in all areas. All areas
which retain standing water will be corrected as directed and approved by the City at
no expense to the City.
III -A-11
Agreement No. 5684
All properly established sheet flow & flow line slopes and grades shall remain the
same after paving as before unless an existing ponding problem is noticed and brought
to the inspector or City staff's attention prior to cold milling. After paving has been
installed and compacted, spray water over the entire paved area. Correct any areas
where water collects and does not drain away.
The contractor will ensure that the asphalt is ready before allowing traffic through
newly paved areas.
Subsection 203-6 of the Standard Specifications is supplemented by the following:
Asphalt concrete proposed for use on the project, when tested in accordance with Test
Method California No. 360 (Method A), shall show a surface abrasion loss not
exceeding 15 grams.
Subsection 302-5.5, "Distribution and Spreading," of the Standard Specifications is
supplemented and amended by the following:
Spreading: With approval of the Engineer, the Contractor may be allowed to deposit
the asphalt concrete material from bottom dump trucks into a uniformly sized window
to pick up the material and convey it into the paving machine by an elevating device
(CoCal, Clark Co., or equal). Such paving procedures will be limited to long straight
runs. Turn pockets, side street intersections, etc., shall be paved by depositing asphalt
concrete material from delivery trucks directly into the paving machine hopper.
If approval for the bottom dump operations is given, the Contractor shall furnish a
rubber tire skip loader for distribution of any misplaced material.
Mechanical Spreading Machine: The spreading machine described in Paragraph 6 shall
be a crawler equipped (track laying) type, self-propelled spreading machine except on
steep grades or on areas of unstable subgrade. It must be 17 feet wide.
A fully automatic screed will be required for this project. The fully automatic creed
shall be a sled, 30 feet in length, on the side of the machine that will receive the next
mat of material. A joint maker, ski, etc., placed on the side of the machine to ride on
the existing or previously constructed surface or mat of asphalt concrete material may
be required by the Engineer or his designee.
Rolling operations shall comply with Section 302-5.6
If areas adjacent to speed bumps, dips, and cross gutters or any other asphalt surface
are significantly changed after paving so as to impede or otherwise negatively affect
driving conditions, those areas shall be corrected by the contractor at no additional cost
to the City. Methods of correcting these areas shall be approved by the City Public
Works Department prior to their implementation.
Contractor shall provide the Public Works Department with a complete set of asphalt
111-A-12
Agreement No. 5684
tickets for each day of paving.
2.3 MANHOLE, VAULT COVER, AND VALVE COVER ADJUSTMENT
Contractor shall complete all manhole, vault cover, and valve cover frame and cover
set adjustments to the new finished grades in accordance with Section 301-1.6 of the
Standard Specifications. Buried manholes, vault covers, and valve covers shall be
located with metal detectors prior to grinding, and the appropriate agencies informed.
The Contractor shall coordinate with all applicable utility companies prior to grinding
and paving activities for the possibility of adjusting manhole, vault, and valve covers
during paving activities. The remaining utility companies shall be notified of the
Contractor's schedule in order to allow for raising of their manhole covers, vault
covers, and valve covers immediately after paving is completed.
2.3.1 Adjust Manhole to Grade
In areas where the existing pavement is to be capped with an A.C. overlay, and where
the manhole structure meets the following criteria:
The manholes are either flush with the existing pavement, or
Project less than two inches above the A.C. surface prior to capping.
These manholes shall be paved over and later adjusted to grade as specified herein.
Before replacing frames and covers, the Contractor shall clean the frames and covers
of both new and old pavement or surface treatments.
Asphalt concrete used for paving around manhole shall be Type C2 -PG 64-10 (1/2"
sieve size) with 5.6 percent binder.
The Contractor shall be responsible for furnishing, placing, and maintaining barricades
or other traffic control as necessary to protect the public from any danger due to the
work being done.
2.3.2 Adjust County Sanitation Districts Manhole to Grade
When County Sanitation Districts (CSD) manholes must be adjusted to new grade
because of re -grading and/or resurfacing over the manholes, the work will be done by
CSD in conjunction with the Contractor responsible for the regrading and/or
resurfacing work pursuant to the following procedures:
1) The Contractor shall notify CSD's superintendent of Maintenance at (310) 638-
1161 a minimum of three (3) working days prior to the start of any work involving
CSD manholes
2) If grade over manhole is to be lowered:
a. The Contractor shall furnish and deliver a temporary steel plate of adequate
thickness and size approved by CSD for the manhole.
b. The Contractor shall excavate around the manhole to a depth and distance
outside of the manhole as required for CSD to remove the manhole frame and
cover.
c. CSD will remove the manhole frame and cover and the interfering portion of
the manhole shaft and place the cover plate over the manhole.
d. The Contractor shall store and protect the frame and cover and fill and/or pave
III -A-13
Agreement No. 5684
over the cover plate to final grade.
e. The Contractor shall remove the pavement and/or fill as required for CSD to
raise the manhole to final grade. Pavement and/or fill shall be removed to a
minimum depth of not less than 6 inches below final grade and 12 inches
around the manhole if the cover plate is more than 6 inches below final grade.
f. CSD will raise the manhole and set the frame and cover to final grade.
g. The Contractor shall backfill and compact and complete the pavement around
the manhole.
3) If grade over manhole is to be raised:
a. The Contractor shall fill and/or pave directly over the manhole frame and cover
to final grade.
b. Repeat steps e. through g. of Item 2 above except when grade is to be raised
more than 2 feet. In such case, the Contractor shall excavate around the
manhole to a depth and distance as determined by and required by CSD to
remove and reconstruct the manhole shaft with the required taper.
The Contractor shall be responsible for furnishing, placing, and maintaining barricades
and lights as necessary to protect the public from danger due to the work being
performed.
2.3.3 Adjust Water Valve Cover to Grade
This item shall specifically include adjusting of water valve cover to the grade after
completion of the overlay or reconstruction, in accordance with Subsection 301-1.6
"Adjustments of the Manhole Frame and Cover Sets to Grade," and 302-5.8,
"Manholes (and other Structures)," of the SSPWC, except as modified supplemented
herein.
• The term "Valve Cover" shall be interpreted as including the sleeve, frame and
cover set for City water valves.
• Valve covers shall be adjusted to grade in a similar manner to manholes.
• After the pavement has been completed, the necessary portions of the
pavement and base shall be neatly removed, and the valve cover shall be
adjusted to the new finished grade as specified in Subsection 302-5.8 of the
SSPWC.
2.4 STRIPING AND MARKINGS, PAVEMENT MARKERS
The Contractor prior to start of work shall make an accurate inventory of existing lane
striping, crosswalks and pavement markings.
2.4.1 Temporary Striping
Contractor shall place temporary striping after the base course of A.C. pavement has
been completed in the same configuration as the existing permanent striping so that
traffic can be returned to normal patterns. This striping shall be considered temporary
and is the Contractor's responsibility to place and maintain.
Contractor shall place temporary dribble lines within 24 hours after paving, and place
III -A-14
Agreement No. 5684
permanent striping between five (5) and seven (7) calendar days after paving.
2.4.2 Permanent Striping
At the preconstruction conference, the Contractor shall submit to the City an inventory
of existing striping, pavement markings, and reflectorized and raised pavement
markers in the project area. Upon approval of the inventory, the Contractor shall
reinstall striping, pavement markings, and reflectorized pavement markers in
accordance with the approved plan. Any striping and pavement markers removed or
damaged during construction shall be replaced in kind or better. Contractor shall use
thermoplastic for the re -installation of all project striping and pavement markings.
Application of Thermoplastic, Thermoplastic Pavement Markings, words, arrows,
crosswalks and limit lines, shall be in accordance with Caltrans Standard Plan Nos.
A24A through A24E, unless otherwise noted.
Contractor shall install traffic striping, markings, arrows, messages and raised
pavement markers, etc. to match pre-existing markings and markers unless directed
otherwise in this section of the bid documents. The Contractor shall remove all
thermoplastic markings and raised pavement marking before street work.
All work and materials shall conform to the requirements of the Caltrans Standard
Specifications, latest Edition, and the latest edition of the Caltrans Traffic Manual.
Contractor shall furnish and install traffic delineation and markings using paint "Cat
Tracking", temporary marking tape, removable reflective tabs, of other approved
media on the same working day as existing stripes and legends are lost, including but
not limited to bicycle lanes, stop bars, lane lines, to match pre-existing markings. The
Contractor is required to complete permanent traffic striping within five (5) working
days after final paving has been completed.
Markings, such as stop bars and legends, speed limit markings, and symbols that are
partially covered or obliterated shall be installed with thermoplastic in their entirety in
conformance with Caltrans Specifications. These markings shall be brought to the
Public Works Inspector's attention prior to re -installation.
2.5 LOOP DETECTOR REPLACEMENT
Loops shall be installed on the same day in which the loop slots are cut. This shall
include placement of the loop conductors and slot sealant.
Detector loop locations shall be inventoried and documented by the contractor prior to
paving, approved by the County of Los Angeles Department of Public Works, or
designated representative, in the field prior to installation.
III -A-15
Agreement No. 5684
3.0 BASIS OF PAYMENT
3.1 GENERAL
Proposed Bid as well as Alternate Bid prices shall be complete for each bid item. All
bid items shall cover the costs for all mobilization, construction/installation, and
demobilization activities for each item.
Prior to construction, the Contractor shall verify all quantities listed and bring any
discrepancies to the City's attention.
Bid Item I, Mobilization and Traffic Control
Mobilization shall conform to the provisions of Section 9-3.4 of the Standard
Specifications. The maximum lump sum price bid for this item shall not exceed 5% of
the total contract price.
Payment for mobilization will be made on a percentage -completed basis of the lump
sum price named in the Bid Schedule, which price shall constitute full compensation
for all labor, equipment, tools, materials and incidentals needed to mobilize and
provide traffic control. The scope of work included under pay item No. 1 shall include
the items listed under Mobilization and traffic control described in these specifications.
All signs shall be illuminated or reflectorized when they are used during hours of
darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be
provided with flashers or other satisfactory illumination if in place during hours of
darkness.
Bid Item #2, Restore and renlace all street markings and strinine Cthcrmoplasticl
Payment for Striping Restoration will be made on a percentage completed basis of the
lump sum price named in the Bid Schedule, which price shall constitute full
compensation for all labor, equipment, tools, materials and incidentals needed for
sandblasting striping at areas to be slurry sealed, removal of existing pavement
markers, installation of thermoplastic striping and new pavement markers as described
in these specifications.
3.2 BID ITEMS
No separate payment will be made for appurtenant items for which separate payment is
not specifically provided for the Bid Schedule, and all costs therefore shall be included
in the prices named in the Bid Schedule for the various appurtenant items of work.
Five percent of all bid item contract costs shall be held in retention until thirty-five
days after the Notice of Completion is recorded.
III -A-16
Agreement No. 5684
Bid Item #3, Cold mill 211 existine asphalt concrete (AC) oavement
The contract unit price shall include full compensation for all labor, equipment, tools,
materials and incidentals needed for removal of existing asphalt concrete, including
cold planning, dust control, street sweeping, removal, and disposal of asphalt material.
The unit price shall also include removal of vegetation as necessary at the curb line in
order to accommodate milling and paving equipment. Vegetation removal shall be
conducted using only sharp gardening tools such as hedge trimmers.
Payment for this item will be made on a units -completed basis of the unit price named
in the Bid Schedule.
Bid Item #4, Overlav 2" C2 PG 64-1I1 asolialt concrete oavement
The contract unit price shall include full compensation for all labor, equipment, tools,
materials and incidentals needed for installation of asphalt hot mix including tack coat.
Included in the bid price are allowances for pavement replacement for items where it is
incidental to. No extra compensation will be made should additional paving need to be
done due to Contractor's operations.
Payment for this item will be made on a units -completed basis of the unit price named
in the Bid Schedule.
Bid Items #5 to #7. Adiust manholes, valve covers, or vault covers to final grade
The contract unit prices for the individual items shall include full compensation for all
labor, equipment, tools, materials and incidentals needed for adjustment of manholes,
valve covers, or vault covers to final grade. Payment for these items will be made on a
units -completed basis of the unit price named in the Bid Schedule.
Bid Item #8. Install inductive loot) conductor and am)urtenances
The contract unit price shall include full compensation for all labor, equipment, tools,
materials and incidentals needed for installation of inductive loop conductor and
appurtenances. Payment for this item will be made on a units -completed basis of the
unit price named in the Bid Schedule.
3.3 ALTERNATE BID ITEMS
The following alternate bid item/s are only applicable if the City determines that they
are necessary.
Bid Item #9. Cold mill 2,1" cxistinq�asnhalt concrete (AC)_Davement
Placeholder only. This specific items and costs will be discussed and agreed upon by
the Contractor and the Engineer at time of construction. The contract unit price shall
include full compensation for all labor, equipment, tools, materials and incidentals
III -A-17
Agreement No. 5684
needed for removal of existing asphalt concrete, including cold planning, dust control,
street sweeping, removal, and disposal of asphalt material. The unit price shall also
include removal of vegetation as necessary at the curb line in order to accommodate
milling and paving equipment. Vegetation removal shall be conducted using only sharp
gardening tools such as hedge trimmers.
Payment for this item will be made on a units -completed basis of the unit price named
in the Bid Schedule.
Bid Item #10, Overlav '" C2 PC 64-10 asphalt concrete navemuent
Placeholder only. This specific items and costs will be discussed and agreed upon by
the Contractor and the Engineer at time of construction. The contract unit price shall
include full compensation for all labor, equipment, tools, materials and incidentals
needed for installation of asphalt hot mix including tack coat. Included in the bid price
are allowances for pavement replacement for items where it is incidental to. No extra
compensation will be made should additional paving need to be done due to
Contractor's operations.
Payment for this item will be made on a units -completed basis of the unit price named
in the Bid Schedule.
Bid Items #11 to #12, Adi ust manholes, valve covers, or vault covers to final rMd e
Placeholder only. This specific items and costs will be discussed and agreed upon by
the Contractor and the Engineer at time of construction. The contract unit prices for the
individual items shall include full compensation for all labor, equipment, tools,
materials and incidentals needed for adjustment of manholes, valve covers, or vault
covers to final grade. Payment for these items will be made on a units -completed basis
of the unit price named in the Bid Schedule.
Bid Item #13, Install inductive loot) conductor and. appurtenances
Placeholder only. This specific items and costs will be discussed and agreed upon by
the Contractor and the Engineer at time of construction. The contract unit price shall
include full compensation for all labor, equipment, tools, materials and incidentals
needed for installation of inductive loop conductor and appurtenances. Payment for
this item will be made on a units -completed basis of the unit price named in the Bid
Schedule.
END OF SECTION
III -A-18
Agreement No. 5684
Appendix A
City of El Segundo
Street Resurfacing Plans
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Appendix B
Standard Drawings
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COLOR LEGM
SIGN SHALL BE LIGHT REFLECTIVE AND BE
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CITY OF EL SEGUNDO, CALIFORNIA 'APPROVED SYt
DESIGN BY- P.S.
ENGINEE RING DP4 IS ION It - 14 4R
DATE: 11 - 7
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