CONTRACT 5714 Public Works Contract CLOSEDAgreement No. 5714
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
AMERICAN ASPHALT SOUTH, INC.
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
This CONTRACT is entered into this 05th day of June, 2019, by and between the CITY
OF EL SEGUNDO, a general law city and municipal corporation ("the City") and AMERICAN
ASPHALT SOUTH, INC., a California Corporation ("the Contractor").
1. WORK.
A. The Contractor agrees to perform the work listed in the Contract Documents,
"Exhibit A", a copy of which is attached and incorporated herein by this
reference. 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 Two
I-Jundred Forty -Seven "Thousand. ENht Hundred Seventy -lour Dollars and Twenty Cents
($247,874.20) which includes the original bid amount of $225,374.20 as well as a
contingency amount, which may or may not be used, of $22,500.00 for the Work in the
manner set forth in the Contract Documents. The City may adjust this amount as set forth in
the Contract Documents.
Agreement No. 5714
3. TERM. The term of this Contract will commence on June 5, 2019 and will expire on
December 31, 2019, unless terminated earlier pursuant to Section 4.
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 (30) 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,
Agreement No. 5714
licenses, and certificates that may be required in connection with the Work.
10. 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.
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
Lifan Xu, City Engineer
310-524-2368
The Contractor
American Asphalt South, Inc.
14436 Santa Ana Ave.
Fontana, CA 92337
Allan Henderson, President
909-427-8276
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and
Agreement No. 5714
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.
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. 5714
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.
A"I.,.['E 'T:
T'ra Weaver,
City Clerk
APPROVED AS TO FORM:
1�41>j 'r r --1j JrQ2-
Mark D. Hensley,
City Attorney
Insurance Reviewed by:
AMERICAN ASPHALT SOUTH, INC.
Taxpayer ID No.
Contractor State
License No.: 784969A
Contractor City Business
License No.: 10388
Agreement No. 5714
LABOR AND MATERIALS BOND
FY 18-19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Bond No. 12175385
Bond Fee: Included in Performance Bond
American Asphalt South, Inc. . as principal
("PRINCIPAL") and The Guarantee Company of North America USA , a
corporation
incorporated under the laws of the State or Michigan 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
TWO HUNDRED TWENTY-FIVE THOLiSAND, THREE fll[,iNWIED SEVENTY-
FOUR DOLLARS AND TWENTY CENTS (S225.374.201, 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 SLURRY SEAL PROJECT, SPECIFICATIONS NO. PW 19-19 ("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 19-19, 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 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. 5714
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-19, 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]
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SIGNED AND SEALED this 5th day of
American Asphalt South, Inc.
PRINCIPAL
BY:
Teo 04 14W$-de&4
PRINCIPAL's MAILING ADDRESS:
American Asphalt South, Inc.
P.O. Box 310036
Fontana, CA 92331
909-427-8276
Agreement No. 5714
June . 20 19
,rhe Guarantee Conry aiw of North America USA
SURETY
BY:
f lAraflColfoai, Attorney -In -Fact
SURETY's MAILING ADDRESS:
The Guarantee Company of North America USA
One Towne Square, Ste. 1470
Southfield. MI 48076
866-328-0567
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. 5714
Certificate pursuant to 995.640(a) Code of Civil Procedure
DEANC.LOG,AN County Clerk of the County
Of State of California, in and for said County
DO HEREBY CERTIFY THAT
I Ck-w-k- Mey"
has a certificate of authority'as an admitted surety issued by't' h"e''daliforrila
Rnsurance Commissioner autnonzing the insurer to transact surety insurance in
(he State cat Galitornia, and that cased on ft records shown in the Oepartment of
Insurance weosne that autnonty has not Dean surrendered, revoked, canceled,
annultea w susoenoea
It? resamany Whereof, I have bereu to nt p hand and, affixed the seal of
said County un
C-
COUNTY CLERK
By; .. ...... ... . . . . . . . . . . e . . . . . . . . . . .
Agreement No. 5714
"A&
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
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County of :Srn Fq) 0- J I, V1 0
On ::�kxNe before me, cl C -
_J flle;e mStir i rr name and I
personally appeared VC �
who proved to me on the basis of satisfactory evidence to be the person(al-whose
name(g) is/ae6 subscribed to the within instrument and acknowledged to me that
he/s4:re1th#-j executed the same in his/beT/t4ei-r authorized capacity(ies), and that by
his/4--r/thdr signature(z7) on the instrument the person(s), or the entity upon behalf of
which the personW, 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.
I ES, iy hand en;l officials )EM MARI E GRAN T
"r— r)oj COMM. #2210424
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W Notary Public - California 0
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My C�m, E,#res At*. IS,, 2021
ary,�V6�Flic7sligna tare (Notary Public Seal)
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INSTRUCTIONS FOR COMPLETITIG THIS FORN4
AD ITIONAL PTIONAL INFORMATION
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0 if ire eded,,Nhoidd be ronypleied and anaciried to the document, Acknowkdgmenhs
DE CR TION OFT ATTACHED DOCUMENT from other sIvrvs strati, be conqlloetlfor doomiews beioig sent to Mar state so loiag
as tile lVol (fing does opol require 11W Cafiforma llofrlry 10 Wolare coltforotio nolos'
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(Title or description of attached document) - State and Coimty infoniiaficin must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
- Date of notarization must be (fie date that tile signer(s) periouijlyappcarcd which
(Title or description of attached document continued) must also be thc simie data the acLilowIcdemeril is completed.
- I"he notary public must print his w liet natne as it appears wilhin his or her
Number of Pages — Document Date comniission followed by a conima and then your title (notary public).
- Print tits tin
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notarization
CAPACITY CLAIMED BY THE SIGNER - indicate Ole correct singular or ploral forms by crossing. off incorrect forms (j.c,
he/5hclibeis lart ) ow crircfinthe correct forms, Failure to correctly indicate this
Ej Individual (s) iiiforni-,gion, nnav tend to rcrjeciinn ofd000-nent recording.
El Corporate Officer * 1"he ilwary seal impression aro im be clear and phoiogjapliically reproducible
Impression mttst not cover WM or fincs. If seat ivlpres=ion snwdecs' rc-SCM if a
surficicig atel perlisils, olberivise c<)mpicte a different icknow k du rile fit form,
(Title)
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must nlnl die slp"Wrrr (it) fe '4a^jtlj (he nfrjee of
0 Partner(s) the comity clerk.
El Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not IlliSLIsed or attached to a different document.
Indtcale title v; type 0'-a1tacht:fJ document, 11WnbCf (If pr19CS and date.
E] Other lodlcate the capacity clailriicd by the signer. If the clainied capacity is a
corpoate oflficer, 4)dicaic the Ode 0,e, CEO. CF0, SLerctw-)).
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Agreement No. 5714
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 ...._ . .................................... Butte
On June 5, 2019 before me, Deanna Quintero, Notary Public
(insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/uxa
subscribed to the within instrument and acknowledged to me that M/she/idi" executed the same in
hies/hei-AkNir authorized capacity( e,&), and that byiix/herhdWir signature(S) on the instrument the
person(s), or the entity upon behalf of which the person(a) 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
Agreement No. 5714
THE The Guarantee Company of North America USA
GUARANTEE" Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Renee Ramsey, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Phillip O. Watkins, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser,
John J. Weber, Stephanie Agapoff, Katherine Gordon, Jessica Monlux, Breanna Bofman, Vicky Troyan
Interwest Insurance Services, LLC
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315' day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company
of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
NM,hMlF.°"'
Gr
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
County of Oakland
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said company.
Cynthia A. Takai
Notary Public, State of Michigan
k;Vpt County of Oakland
My Commission Expires February 27, 2024
y V„w Acting in Oakland County
t
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
Mqr� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5th day of June 2019
a+A++ Randall Musselman, Secretary
Agreement No. 5714
FAITHFUL PERFORMANCE BOND
FY 18-19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Bond No. 12175385
Bond Fee: $1,578.1111
Premium for contract term subject to
American Asphalt South, Inc. adjustments based on final contract price
("PRINCIPAL")
and The Guarantee Company of North America USA , a corporation
incorporated under the laws of the State oh 11iclairn 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
TWO HUNDRED TWENTY-FIVE THOl.1SAND, THREE li1jNDRED SEVENTY-
FOUR DOLLARS AND TWENTY CENTS (225.374.20), 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 19-19, 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 19-19, 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 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. 5714
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 19-19 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]
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SIGNED AND SEALED this 5th day of
American Asphalt South, Inc.
PRINCIPAL
BY:
PRINCIPAL's MAILING ADDRESS:
Agreement No. 5714
June , 2019
The Guarantee Company of North America USA
SURETY
BY:
B:a rt c lm Collodi, Attorney -In -Fact
SURETY's MAILING ADDRESS:
American Asphalt South, Inc. The Guarantee Company of North America IDSA
P.O. Box 310036 One Towne Square, Ste. 1470
Fontana, CA Southfield, MI 48076
909-427-8276 866-328-0567
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one (1) original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
I -E-3
Agreement No. 5714
Certificate pursuant to 99&640(a) Code of Civil Procedure
1. DEANC.,LOGAN —,County Clerk of the County,
of Lol Ang ea
el QQW1Y _ State of California, in and for said County
DO HEREBY CERTIFY THAT
G owzvvtee�- ut�L
has a caftiftate, Of authority as an admitted surety Issued by the Califorvia
Uisurance Uorrimissioner auttionzing the inswer to transact surety insurbi ce in
the State ot Ualitorma, an(J that Dased on the tecorcis snown in the Dewif ient ot
In8U(wi(�v"eV9l1b tnalaUthonrynas(ioloeetisurret'iuerw,favokecl,wi�.Vied,
AllouillAi o(SUNIMilaw
til Jasunwity Who(wi, I na here t t iy natio ano affixed tho ,,eat of
saw cQuilly Oil —
COUNTY CLERr,
U"ty wwq (AA
Agreement No. 5714
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
On D61j before me, �J e" I
(Hm., oseol name and tille of me ofter)
personally appeared +U
who proved to me on the basis of satisfactory evid,&ce to be the person(zTvjhose
name() islae6 subscribed to the within instrument and acknowledged to me that
he/s4e/they executed the same in his/herlt4eiT authorized capacity(ies), and that by
his/4-er/tAdir signature() on the instrument the person(s)j, or the entity upon behalf of
which the personW, 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.
JERI MARIE GRANT
NESS m iand and official seal,,' - COMM. #2210424 z
0
Notary Public - California 10,
Son Bernardino County
DESS
m and and
Lail MY "T"11. E�Pires �19, 2021"1
Notary Ublic Signatu e (Notary Public Seal)
0 0 T INSTRUCTIONS FOR COMPLETING THIS FOR.N1
ADD TIONAL TIONAL INFORMATION
TT � C Thisj6vm cowph��s nwh currew Caiijornia sfafuter regareling notar.), wording and,
DESCRI ION OF T ATTACHED DOCUMENT if iwe&,c1_0woe1d be completed and airricheel to the docronew Acbioirlemr'gpiejiis
ftom r'vher slazv mcf), be compleipdfor 4cuments being seW to that state so hang
as the worfimg does not a-rqlfire am California notani to wolaie Califoi-nia notopi
lem,
(Title or description of attached document) * Staic and Count), information must be the State and County NOcre Ilse document
signer(s) personally appeared before the notary public for ack-nowledgmem
- Date of viorarization niust be (tic date that the signer(s) persortully appeared which
(Title or description of attached document continued) must also be the satne date the acknow ledgme tit is completed.
- The notary public must print his or her name as it appears within his or her
Number of Pages — Document Date commission followed by a comma and then your title (notary public).
- Print the name(s) of document signer(s) who personally appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singularor plural forms by crossing off incorrect forms (i.e.
is late ) or circling the correct forms- Failure to correctly indicate this
El Individual (s) inforniation may lead to rejection of document recording-
• Corporate Officer . The noiary seal filipfcssMon must be clear and pliotograpliically reproducible.
Impression mvt nm cvrr tcm or fines. If seat impression smudges, tc-neral if a
(Title) sufficient area permits. wherwise complete a different icknoMedprocni forma.
- Signailire of tI)c notary public nuisl match the signature on 11le with the offime of
• Partner(s) the county clerk.
0 Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) ockitowledenient is not misused or attached to a different document.
Other I
lndir�ruc tit): or type of attached document, nomb er t f pages and date.
❑Indicate the caj)06ty c1lisliod by the signer. If the chained capacity is a
e(Wpol,ale ol".1cer, in(fictite ffie fifle 6,e, CEOr (.'TO, secretary).
2 -
Securely attach thus docomeni to the si�med docurnew wiih a 'fnif'
Agreement No. 5714
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 Butte
On June 5, 2019 before me, Deanna Quintero, Notary Public
(insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(x) is/um
subscribed to the within instrument and acknowledged to me that lay/she/t1RegL executed the same in
k*/her/Xhi!h- authorized capacity( ex), and that by /hei-Aia- signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(x) 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
Agreement No. 5714
THE , The Guarantee Company of North America USA
�'�
GAiATEPOWER OF ATTORNEY Southfield, Michigan
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Renee Ramsey, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Phillip O. Watkins, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser,
John J. Weber, Stephanie Agapoff, Katherine Gordon, Jessica Monlux, Breanna Bofman, Vicky Troyan
Interwest Insurance Services, LLC
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315' day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company
of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 2otl day of October, 2015.
STATE OF MICHIGAN
County of Oakland
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Stephen C. Ruschak, President & Chief Operating Officer
Randall Musselman, Secretary
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said company.
Cynthia A. Takai
w Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2024
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written,
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5th day of June 2019
�v
*+��� Randall Musselman, Secretary
Agreement No. 5714
PROPOSAL
FOR THE
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Date e A /"4', 201,9
Company Name: rArtio � � --�/ ZIC
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 ofthe 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.
I -C-1
Agreement No. 5714
EQUAL 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.
AFI IR.MA'TIYF. ACTION CERTIFICATION
H)DDER 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 docuinewation 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.
NONCOLLfiSION 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.
I -C-2
Agreement No. 5714
BID SCHEDULE
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Company Name:Afwe"Oo 4,00411
BASE BID ITEMS
ITEM
DESCRIPTION
UNIT
QTY
UNIT
AMOUNT
NO.
PRICE IN
FIGURES
Mobil ization/Demobilization including
1
traffic control (not to exceed 5%
LS
1
$�."w
$ �"
maximum of Total Bid)
2
Slurry Seal Type II
SF
496,430
$_0,11
Completey remove striping and
_
3
pavementmarkings
LS-
1
$.. 1,!;.,00
Install thermoplastic STOP pavement
4
marking
EA
52
$-210."D
00
Install thermoplastic AHEAD pavement
5
marking
EA
4
$2`15 `oo
$may 0
Install thermoplastic limit line
6
LF
813
$ 2. I'D
$....1_7Sg, O
...........
Install thermo plastic yellow crosswalk
7
striping
LF
340
$,Z . Z O
$ d.^ 0
I -C-3 a
Agreement No. 5714
ALTERNATIVE BID ITEMS (Determined by the City on an as -needed basis)
ITEM DESCRIPTION UNIT QTY UNIT
NO. PRICE IN
FIGURES
2 -inch deep asphalt repair SF 3,500 $/0.067
TOTAL BID ITEM ITHROUGH 8 (BASE AND ALTERNATIVE BIDS):
= $ 22_5,.-s,74. Zo _
AMOUNT
$ 35.175 00
TOTAL BID WRITTEN IN WORDS: Alv r.,
I -C -3b
(BLANK PAGE)
I -C-3 c
Agreement No. 5714
BIDDER'S INFORMATION
Company Name: ,,Ae ";-rm �,�? 4�"�' ,���� -rw c
BIDDER certifies that the following information is true and correct:
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
AI
If corporation, State of Incorporation (i.e., California) 6114rolq
Business w_...,, ijo r"f l "" d'!°'
Address
Telephone No.Almp -41
Facsimile No.
State Contractor's License No. and Class
Agreement No. 5714
Original Date Issued .ORI" �: Expiration Date a" file kwo
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
propos .
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
OW/000C.
All current and prior DBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
_.._.._.._.
---Noe
pe
Agreement No. 5714
BIDDER'S INFORMATION (CONTINUED)
Company Name: !�"i�'d"cyj �+"Joie
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name: I,_v"i• "^+'✓,�,"„I
Title:
I -C-5
Agreement No. 5714
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands,
A�
and seals of all a forenamed principals this /Y day of 11,9v 2040
BIDDER
Subscribed and sworn to this AP 10% day of 20d.
RICHARD EN'-RiKli
'O'�
COMM, #2201331 z
0
Notary
P c fifolnis
.5grNotary Pubfix Ca �01
7- san Bernardino County -
NOTARY PUBLIC My Comm, Expire$ J*, 13' 2024,
I -C-6
Agreement No. 5714
PROPOSAL GUARANTEE
BUD BOND
FY 18/19 PAVEMENT REMBILIT.ATION PROJECT
PROJECT NO.: PW 19-01
KNOW ALL MEN BY TME PRESENTS that,
American Asphalt South, Inc. , as BIDDER and
The Guarantee Company of North America USA a as SURETY, are held and firmly bound unto the
City of El Segundo, in, the penal sLTM of, Ten Percent of Amount Bid DOLLARS
( 10% of Amount Bid ), which is tete (10%) percent of the total atnount bid by BIDDER to the
City of El Segundo fox the above stated project, for the pa) -vent of which sura,13IDDF_.R and
SUUXY 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 EI 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
29th _ day of April 20 19
BIDDER* American Asphalt South, Inc.
14436 Santa Ana Avenue, Fontana , CA 92337 P - 909-427-8276
S4�4
SURETY* The Guarantee Company of North America USA
One Towne Square, Ste. 1470, S uthfield, N6i hig n 48076 P 866-328-0567
Efizabet Nodi, Attorney-ir7- act
Subscribed and sworn is day of '20
NOTARY PUBLIC See Attached — California all Purpose Acknowledgment Complies with Civil Code 1189
*Provide DJUDDER/SURET"Y name, title, address and telephone number and the name, title,
address and telephone number for authorized representative.
I -C-7
Agreement No. 5714
.....
ACKNOWLEDGMENT
/\ notary public orother officer completing this
certificate verifies only the identity 0fthe individual
who signed the document to which this certificate is
mttaohed, and not the truthfulness, accuracy. or
|
validity of -
State of California
County of California )
On May 13L2019 before me. Richard EntrikiO-NotarV
(insert name and title of the officer)
personally appeared Lyle Stone
who proved toneonthe basis ofsatisfactory evidence tobethe person(s) whoname(s) is/a%
subscribed tothe within instrument and acknowledged tom� that ho��eAh"eoecutodthaoonein
his/he4the# authorized capacity(ies), and that by his/4efA4eif signature(s) on the instrument the
penoon(s).orthe entity upon behalf ofwhich the pernon(s)acted, executed the|n8trunnent.
| certify under PENALTY C}FPERJURY under the laws ofthe State ofCalifornia that the foregoing
paragraph iotrue and correct. U
COMM, #2201331 z
WITNESS my h�nd n�d ��i�ia| o�@|� (KWiCaliforniaNotary Public '0a�
Z
San Bernardino Comn� —
�Gomm.EnpiresJaly 13,202Y1 .
G' O8tu ����
� ,
� _
Agreement No. 5714
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 Butte
On April 29, 2019 before me, K. Corey Ward, Notary Public
(insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/am
subscribed to the within instrument and acknowledged to me that he/she/#W executed the same in
)Ns/her/#x34Kauthorized capacity(i ), and that by i6siher/Hieir, signature(s) on the instrument the
person(s), or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
5r"
Agreement No. 5714
THE The Guarantee Company of North America USA
GUARANTEE' Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Renee Ramsey, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Phillip O. Watkins, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser,
John J. Weber, Stephanie Agapoff, Katherine Gordon, Jessica Monlux, Breanna Bofman, Vicky Troyan
Interwest Insurance Services, LLC
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office,
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 It day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company
of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015.
STATE OF MICHIGAN
County of Oakland
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Stephen C. Ruschak, President & ChiefOperating Officer
Randall Musselman, Secretary
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said company.
Cynthia A, Takai
dfA" t Notary Public, State of Michigan
a, 11 County of Oakland
° "° My Commission Expires February 27, 2024
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
yuw�rr� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29th day of April 2019
�S
Randall Musselman, Secretary
Agreement No. 5714
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
1. BIDDER'S Contractor's License Number is:
%�r Class No.:
.................
2. The expiration date of BIDDER'S Contractor License is:
_$0,46VIrr Aa 20
3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions
Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his or her
contractor's license number appears clearly on the bid, the license expiration date
is stated, and the bid contains a statement that representations herein are made
under penalty of perjury. Any bid not containing this information, or a bid
containing information which is subsequently proven false, shall be considered
non-responsive and shall be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations made
by the undersigned in this bid proposal are true and correct.
Executed on *lie,
/ „ 20 /?, at
S" ature
=tz��wg
-4 .............
Typed Name
J �
Title
Company Name
(insert City and State where Declaration signed).
I -C-8
Agreement No. 5714
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
) ss.
County of )
J0oe being first duly sworn,'deposes and say that he or she is
,!7ee yy of d � �.......... + -z
-10, .................. . .
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.
at�re Name of Bidder/Company Name
.........................w................
Typed Name Date
Title ''`
I -C-9
Agreement No. 5714
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: mo01064. o' 1 ,,� ` c
Business Address:r��.r� +J __...............
Telephone Number: p 01p)11 ..........................
Dated this lj' day of /yy .2047.
I -C-10
Agreement No. 5714
DESIGNATION OF SUBCONTRACTORS
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.:/PW 19-19
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
Name of
Description of
Subcontractor's Portion of
Contractor Work
Subcontractor Address License No. Subcontracted
............_.... _. ._
i ¢,
(Number and Street) '� ,,,,o v
BCTra
�,"L X577
S,,ec,a(City, Zip Code)
._6 raa c•ar 4 2 6 Lo
V
.,,firs,, 8sDG�_ 1
. ....... .... ................ .. . . ..............
(Make copies of this page if additional space is needed)
Signature of Bidder Date
I -C- I I
Estimated $
Amount
dJy ao
Agreement No. 5714
REFERENCES
Company Name: ie"c,?O � � ///- - __
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: r 5 �, 1 ['ff
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?
WVWWw.
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. 5714
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Agreement No. 5714
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
Name and current telephone number of person familiar with project:
I -C-13
Agreement No. 5714
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:
cite e4'l'VQd eet. .%J/
I -C-14
Agreement No. 5714
BROKERS & SURETIES FROM WHOM THE BIDDER INTENDS
TO PROCURE INSURANCE AND BONDS
BONDING AGENT: INTERWEST INSURANCE SERVICES, INC.
1357 E. LASSEN AVENUE
CHICO, CA 95973
(530)897-3154
SURETY COMPANY: GUARANTEE COMPANY OF NORTH AMERIC, USA
ONE TIME SQUARE, SUITE 1470
SOUTHFIELD, MI 48076
(248)281-0281
INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC.
368 E. YOSEMITE AVENUE, SUITE 100
MERCED, CA 95340
(209)724-2324
Agreement No. 5714
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Company Name: ��!""� rive + .rotc
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 X
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 X No ❑
Name (Please 1rint)
I -C-15
Agreement No. 5714
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 119-19
Company Name: C?�'I r9�� 4111
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 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including
symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as required herein, and such
other evidence of insurance or copies of policies as may be reasonably required by the City from time to
time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty
(30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice
provisions.
The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state
coverage will not be accepted in lieu of the California coverage, because the work is being performed in
the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
render the bidder's proposal "nonresponsive."
Date
I -C-16
1 " Ael'sgnature
Agreement No. 5714
END PROPOSAL SECTION
I -C-17
Agreement No. 5714
FOR
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
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/Project_request—contact—fonn.asp
MANDATORY PRE-BID MEETING TUESDAY, MAY 79 2019
AT 9 AM
IN HR CONFERENCE ROOM IN CITY HALL
350 MAIN STREET
EL SEGUNDO, CA 90245
BIDS DUE TUESDAY, MAY 14, 2019 AT 11:00 AM
Agreement No. 5714
BIDS WILL BE RECEIVED
UP TO THE HOUR
OF 11:00 A.M.
TUESDAY, MAY 14, 2019
IN THE
OFFICE OF THE CITY CLERK
CITY HAIL
350 MAIN STREET
EL SEGUNDO, CALIFORNIA 90245
AT WHICH TIME THEY WILL BE
PUBLICLY OPENED
Agreement No. 5714
Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS,
pages H -B-25 thru H -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.
Agreement No. 5714
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
1. PROPOSAL, FIRST PAGE
2. BID SCHEDULES
3. BIDDER'S INFORMATION
4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT
5. PROPOSAL GUARANTEE BID BOND
6. CONTRACTOR'S LICENSE DECLARATION
7. NON -COLLUSION AFFIDAVIT
8. WORKER'S COMPENSATION CERTIFICATION
9. DESIGNATION OF SUBCONTRACTORS
10. REFERENCES
11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS
11. INSURANCE REQUIREMENTS
D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT
E. FAITHFUL PERFORMANCE BOND
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
I -C-1
I -C -3a to I -C -3c
I -C-4
I -C-6
I -C-7
I -C-8
I -C-9
I -C-10
I -C-11
I -C-12
I -C-15
I -C-16
I -D-1 TO D-5
I -E-1 TO E-3
F. MATERIAL AND LABOR BOND I -F-1 TO F-3
SECTION II — GENERAL REQUIREMENTS
A. GENERAL SPECIFICATIONS
1. REGISTRATION OF CONTRACTORS
2. INSURANCE AND CITY BUSINESS LICENSE
3. EMERGENCY INFORMATION
4. FURNISHING OF WATER
5. CALIFORNIA — OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION
6. SOUND CONTROL
7. AIR POLLUTION CONTROL
8. WORKER UNIFORMS
B. STANDARD SPECIFICATIONS
Agreement No. 5714
PAGE
II -A-1 TO A-2
II -A-1
II -A-1
II -A-1
II -A-1
II -A-1
II -A-2
II -A-2
II -A-2
II -B-1 TO B-34
0-1 STANDARD SPECIFICATIONS
0-2 NUMBERING OF SECTIONS
0-3 MODIFICATIONS
1-2 DEFINITIONS
1-2.1 ADDITIONAL DEFINITIONS
1-3 ABBREVIATIONS
2-0 SCOPE AND CONTROL OF WORK
2-1.1 ACCESS TO PROJECT SITE
2-1.2 OWNERSHIP AND USE OF CONTRACT
DOCUMENTS
2-3 SUBCONTRACTS
2-3.1 GENERAL
2-3.2 ADDITIONAL RESPONSIBILITY
2-4 CONTRACT BONDS
2-5 PLANS AND SPECIFICATIONS
2-5.1 GENERAL
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
2-8 RIGHT-OF-WAY
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
2-9 SURVEYING
2-9.3 SURVEY SERVICE
2-9.3.1 CONSTRUCTION SURVEYING
2-9.3.2 MEASUREMENT AND PAYMENT
3-3.2.2 BASIS FOR ESTABLISHING COSTS
3-3.2.3 MARK UP
M
II -13-3
II -B-3
II -B-4
II -B-4
II -B-4
II -B-4
II -B-5
II -B-5
II -B-6
II -13-6
II -B-6
II -B-6
II -13-6
II -13-7
II -B-7
II -B-7
Agreement No. 5714
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
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Agreement No. 5714
SECTION I1— 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
6-119 WHEN ARBITRATION DECISION BECOMES
BINDING
6-11.10APPEAL TO SUPERIOR COURT, WAIVER
OF JURY TRIAL
'�•s
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
iv
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Agreement No. 5714
SECTION III — SPECIAL PROVISIONS
PAGE III -A-1 THRU 15
APPENDICES
APPENDIX A: STREET SLURRY SEAL RESURFACING AREA MAP
APPENDIX B: STANDARD DRAWINGS
Agreement No. 5714
NOTICE INVITING SEALED BIDS
FOR THE
FY 18/19 SLURRY SEAL PROJECT
IN THE CITY OF EL SEGUNDO
PROJECT NO.: PW 19-19
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, MAY 14, 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 19-19
as adopted by the El Segundo City Council on April 16, 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, May 7, 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,
May 10, 2019 to http://www.elsegundo.org/depts/works/project_request_contact fonn.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
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Agreement No. 5714
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.
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Agreement No. 5714
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 19-19
FY 18/19 SLURRY SEAL 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
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Agreement No. 5714
BIDDING INSTRUCTIONS
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 of the 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
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Agreement No. 5714
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:
httt,:1./wNvrv.elseaundo.orq/cletits/wot-ks/i)toaiect recstiest contact Corilmisp.
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
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Agreement No. 5714
the bid.
Questions Due by 4:00 pm, 5/10/19
Questions Answered by 5/13/2019
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.
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.
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. 5714
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 aprice 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. 5714
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 19-19: FY 18/19 SLURRY SEAL 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
Agreement No. 5714
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 ofthe 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. 5714
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. 5714
Agreement or submit to the City all of the items required by the Bidding Documents,
within ten (1 Q} 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. 5714
PROPOSAL
FOR THE
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
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.
Agreement No. 5714
Ii OVAL EMPLOYMENT OPPORTUNITY COMPLIANCE
REDDER 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
REDDER 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,
REDDER certifies that affirmative action will be taken to meet all equal employment opportunity
requirements of the contract documents.
REDDER declares that the only persons or parties interested in this proposal as principals are those
named herein; that no officer, agent, or employee of the City of El Segundo is personally
interested, directly or indirectly, in this proposal; that this proposal is made without connection to
any other individual, firm, or corporation making a bid for the same work and that this proposal is
in all respects fair and without collusion or fraud.
I -C-2
BID SCHEDULE
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Company Name:
BASE BID ITEMS
ITEM DESCRIPTION
NO.
Mobilization/Demobilization including
1 traffic control (not to exceed 5%
maximum of Total Bid)
Slurry Seal Type II
2
Agreement No. 5714
UNIT QTY UNIT AMOUNT
PRICE IN
FIGURES
LS 1 $ $
SF 496,430 $ $
Completely remove striping and
3 pavement markings
LS
1
$
$
Install thermoplastic STOP pavement
4 marking
EA
52
$
$
Install thermoplastic AHEAD pavement
5 marking
EA
4
$
$
Install thermoplastic limit line
6
LF
813
$
$
Install thermoplastic yellow crosswalk
7 striping I
LF
340
$
$
I -C -3a
Agreement No. 5714
ALTERNATIVE BID ITEMS (Determined try the City on an as -needed basis)
ITEM DESCRIPTION UNIT QTY UNIT AMOUNT
NO• PRICE IN
FIGURES
inch deep asphalt repair SF 3,500 $ $
TOTAL BID ITEM I THROUGH 8 (BASE AND ALTERNATIVE BIDS):
TOTAL BID WRITTEN IN WORDS:
I -C -3b
(BLANK PAGE)
I -C -3c
Agreement No. 5714
Agreement No. 5714
1:1111"M
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, finn
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 RBA's, aliases, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
I -C-4
BIDDER'S INFORMATION (CONTINUED)
Company Name:
Agreement No. 5714
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name:
Title:
I -C-5
Agreement No. 5714
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
Subscribed and sworn to this day of .20—.
NOTARY PUBLIC
I -C-6
Agreement No. 5714
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
BIDDER*
SURETY*
Subscribed and sworn to this day of 20
NOTARY PUBLIC
*Provide BIDDER/SURETY name, title, address and telephone number and the name, title,
address and telephone number for authorized representative.
[-C-7
Agreement No. 5714
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:
3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions
Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his or her
contractor's license number appears clearly on the bid, the license expiration date
is stated, and the bid contains a statement that representations herein are made
under penalty of perjury. Any bid not containing this information, or a bid
containing information which is subsequently proven false, shall be considered
non-responsive and shall be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations made
by the undersigned in this bid proposal are true and correct.
Executed on , 20__, at
Signature
Typed Name
Title
Company Name
(insert City and State where Declaration signed).
I -C-8
Agreement No. 5714
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
[-C-9
Name of Bidder/Company Name
Date
Agreement No. 5714
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 ofthat code, and I will comply with such
provisions before commencing the performance of the work of this contract."
Signature of Bidder:
Title:
Business Name:
Business Address:
Telephone Number: (—)
Dated this day of 20
I -C-10
DESIGNATION OF SUBCONTRACTORS
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Company Name:
Agreement No. 5714
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 erform 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)
(Make copies of this page if additional space is needed)
Signature of Bidder Date
1-C- l 1
REFERENCES
Company Name:
Agreement No. 5714
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?
1-C-12
Agreement No. 5714
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
Name and current telephone number of person familiar with project:
I -C-13
Agreement No. 5714
Type of Work:
Contract amount: $ . Date completed: . . .....
Amount of work done by my/our firm under contract $
Did your firm have any financial interest in Project?
Bidder may attach additional reference pages if necessary.
The following are the names, addresses, and telephone numbers for all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
I -C- 14
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Company Name:
Agreement No. 5714
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 ❑
1 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. 5714
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
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 1011 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 0106 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:Vll." 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 Cal ifomia 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
1-C-16
Bidder's Signature
Agreement No. 5714
END PROPOSAL SECTION
I -C-17
Agreement No. 5714
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
[CONTRACTOR]
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
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
, ("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
a-Im
Agreement No. 5714
days (the "Contract Time.")
B. The Contract Time will commence when the City issues a Notice to Proceed.
The Contract Documents will supersede any conflicting provisions included on
the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the Contract
Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase
order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract
Time is reasonable for completion of the Work and that the Contractor will
complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to
proceed, any such Work is at the Contractor's own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits, licenses,
and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
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
[-D-2
Agreement No. 5714
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 parry will be deemed made
when received by such parry at its respective name and address as follows:
The Citv 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.
I -D-3
Agreement No. 5714
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.
I -D-4
Agreement No. 5714
IN WITNESS WHEREOF the parties hereto have executed this contract the day and
year first hereinabove written.
CITY OF EL SEGLNDO
Greg Carpenter
City Manager
ATTEST:
Taxpayer ID No.
Tracy Weaver,
City Clerk
Contractor State
License No.:
Contractor City Business
License No.:
APPROVED AS TO FORM:
L-121
Mark D. Hensley,
City Attorney
Insurance Reviewed by:
FAITHFUL PERFORMANCE BOND
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
Bond No.
Bond Fee:
("PRINCIPAL")
and
Agreement No. 5714
, 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 19-19, 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 19-19, 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 19-19) which are made a part of this bond when said
plans and profiles are approved by the City Council and filed with CITY's Engineering Division.
CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail
to complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be done and the parties executing the bond will be firmly bound for the
payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or
materials on the Public Project for a period of one (1) year following the Public Project's
I -E-1
Agreement No. 5714
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 19-19 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. 5714
,20
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.
1-E-3
FY 18/19 SLURRY SEAL PROJECT
PROJECT NO.: PW 19-19
("PRINCIPAL") and
corporation
Agreement No. 5714
as principal
,a
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 SLURRY SEAL
PROJECT, SPECIFICATIONS NO. PW 1949 ("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 19-19, 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 19-19), 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.
an
Agreement No. 5714
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including, without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 19-19, 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 day of
PRINCIPAL's PRESIDENT
19-19MAGN MORMWIV11",
1 "19 QUO" 9F.1
Agreement No. 5714
,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.
I -F-3
Agreement No. 5714
SECTION II - GENERAL REOUIREMENTS
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. EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and subcontractors, or their
representatives, will be filed with the City Engineer and the City Police Department BEFORE
PERFORMING WORK.
4. FURNISHING OF WATER
Water necessary for the prosecution of the work as herein specified will be furnished by the City
in the following manner:
The Contractor will deposit with the City Water/Wastewater Division the sum of One
Thousand, One Hundred, Forty Four Dollars ($1,144.00) to insure against damage to a 2 %Z"
Fire Hydrant water meter which will be furnished and installed by the City at a point convenient
to the site of the work. This deposit will be refunded to the Contractor upon completion of the
Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory
condition. In event of damage to this meter while under the jurisdiction of the Contractor, all or
any part of said deposit may be retained by the City.
An non-refundable Activation Fee of One Hundred, Ten Dollars ($110.00) will be charged
upon activation of the temporary meter.
5. 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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6. SOUND CONTROL
The Contractor will comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the Project or related to the Project,
will be equipped with a muffler of a type recommended by the manufacturer. No internal
combustion engine will be operated on the Project without said muffler.
The use of loud signals will be avoided in favor of light warnings except those required by safety
laws for the protection of personnel.
7. AIR POLLUTION CONTROL
The Contractor is put on notice that he must abide by all existing rules and regulations of the
SCAQMD (South Coast Air Quality Management District), relating to all operations or
equipment which discharge visible emissions or solid or liquid particles to the atmosphere.
8. WORKER UNIFORMS
All workers under the employment of the Contractor or his/her Sub -Contractor will wear an
orange vest or an orange shirt while working in the public right-of-way.
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Agreement No. 5714
CITY OF EL SEGUNDO
PUBLIC WORKS DEPARTMENT
GENERAL PROVISIONS
0-0 STANDARD SPECIFICATIONS
0-1 GENERAL
Except as modified by these Standard Specifications, the provisions of the latest edition
of the "Standard Specifications for Public Works Construction" ("Greenbook") and its
supplements prepared and promulgated by the Southern California Chapters of the
American Public Works Association and the Associated General Contractors of America,
constitute the Standard Specifications for this project.
0-2 NUMBERING OF SECTIONS
The numbering contained within the Standard Specifications of the Contract Documents
is intended to correspond with Greebook numbering.
1-2 DEFINITIONS
The following subsection is added to Subsection 1-2 of the Greenbook.
1-2.1 ADDITIONAL DEFINITIONS
Acceptance — The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors employed
by the City.
City Council - The body constituting the awarding authority of the City.
Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract
Sum and an adjustment of the Contract Time in accordance with this Agreement.
Due Notice - A written notification, given in due time, of a proposed action where such
notification is required by the contract to be given a specified interval of time (usually 48
hours or two working days) before the commencement of the contemplated action.
Notification may be from Engineer to Contractor or from Contractor to Engineer.
Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless
otherwise provided, all correspondence and decisions made relative to the contract will
be by the City Engineer or his designated representative.
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Agreement No. 5714
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."
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 CONTROI, OF WORK
The following subsections 2-1.1 and 2-1.2 are added to the Greenbook.
2-1.1 ACCESS TO PROJECT Sl`1"E
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
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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. 5714
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 PIANS AND SPECIFICATIONS
Subsection 2-5.1 of the Greenbook is replaced by the following subsection.
2-5.1 GENERAL
The Contractor will maintain the following at the Work site:
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.
Agreement No. 5714
2. The current accepted Contract Schedule.
Shop Drawings, Product Data, and Samples.
4. Approved permits from other agencies, including Cal -OSHA permits for trench
shoring.
All other required submittals.
The Plans, Specifications, and other Contract Documents will govern the Work.
The Contract Documents are intended to be complementary and cooperative and
to describe and provide for a complete project. Anything in the Specifications
and not on the Plans, or on the Plans and not in the Specifications, will be as
though shown or mentioned in both.
Payment for any items on the plans for which there are no specific bid item will
be included in the various items of work or in any item to which it is appurtenant.
If the Contractor performs any work which it knows or should know involves an
error, inconsistency, or omission without notifying and obtaining written consent
from the Engineer, the Contractor will be responsible for the resulting losses,
including, without limitation, the costs of correcting defective work.
2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS
The following paragraph is added to subsection 2-5.2 of the Greenbook:
As the figured dimensions shown on the plans and in the specifications of the Contract
may not in every case agree with scaled dimensions, the figured dimensions will be
followed in preference to the scaled dimensions, and plans to a large scale will be
followed in preference to the plans to a small scale. Should it appear that the work to be
done, or any of the matters relative thereto, are not sufficiently detailed or explained in
the Contract, the Contractor will apply to the Engineer for such further explanations as
may be necessary, and will conform thereto as part of the Contract so far as may be
consistent with the terms thereof. Any items shown on drawings and not mentioned in
the specifications will be of like effect as if shown or mentioned in both.
2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and existing
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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Agreement No. 5714
the others and with information furnished by the City and will promptly report in writing
to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or
inconsistencies with applicable law observed by the Contractor.
The Contractor will take field measurements, verify field conditions, perform soil
investigations, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Contractor before
commencing the Work. Errors, inconsistencies, or omissions discovered at any time will
be promptly reported in writing to the Engineer.
2-8 RIGHT-OF-WAY
The following subsection is added to Subsection 2-8 of the Greenbook.
2-8.1 ADDITIONAL WORK AREAS AND FACILITIES
When the Contractor arranges for additional temporary work areas and facilities, the
Contractor will provide the City with proof that the additional work areas or facilities
have been left in a condition satisfactory to the owner(s) of said work areas or facilities
before acceptance of the work.
2-9 SURVEYING
Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following
subsection:
2-9.3 SURVEY SERVICE
2-9.3.1 CONSTRUCTION SURVEYING
The Contractor will provide for all construction surveying required to layout, monitor
and complete the work. The surveying will be performed by a Land Surveyor or Civil
Engineer authorized to practice land surveying by the State of California.
The Project Benchmark is shown on the plans. The Contractor will establish all
necessary control lines based on the plans and record information on file with the County
of Los Angeles Surveyor and the Engineer.
It is the responsibility of the Contractor to protect the survey control as shown on the
plans. If the survey control is destroyed or disturbed during construction, the Contractor
will provide for resetting them and file appropriate documents with the County of Los
Angeles at the direction of the Engineer.
Computations, survey notes, and other data used to accomplish the work will be neat,
legible and accurate. Copies of all computations, survey notes, and other data (electronic
format may be required) will be furnished to the Engineer before beginning work that
Agreement No. 5714
requires their use.
2-9.3.2 MEASUREMENT AND PAYMENT
Construction Survey — Unless a separate bid item is provided, payment will be
considered included in the other items of the bid and no additional payment will be made
therefore.
3-3.2.2 BASIS FOR ESTABLISHING COSTS
Subsection 3-3.2.2 (c), Tool and Equipment Rental is modified where the second and
third paragraphs are replaced with "Regardless of ownership, the rates to be used in
determining the equipment usage costs will not exceed those listed for the same or
similar equipment in the California State Department of Transportation publication of
Labor Surcharge and Equipment Rates effective for the period of usage."
3-3.2.3 MARK UP
Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following
subsection:
(a) Work by Contractor. The following percentages will be added to the Contractor's
costs and will constitute the markup for all overhead and profits.
1) Labor............................................20
2) Materials......................................15
3) Equipment Rental ......................... 15
4) Other Items and Expenditures ...... 15
To the sum of the costs and markups provided for in this subsection, 1 percent
will be added as compensation for bonding. No other formula, e.g., the Eichleay
or other method, may be used to calculate daily damages for office overhead,
profit, or other purported loss.
(b) Work by Subcontractors. When all or any part of the extra work is performed by
a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent
on work added in excess of $5,000 of the subcontracted portion of the extra work
may be added by the Contractor.
(c) In the event that City becomes liable to Contractor for compensable delays, City
agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid
Form or Contractor's actual daily delay damages, whichever is less, for each day
of Compensable Delay as provided for by these Contract Documents.
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Agreement No. 5714
3-3.3 DAII,,YREPORTS BYCON,rRAC"I"OR
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:
I Subsurface or latent physical conditions differing materially from those
represented in the Contract Documents;
2. Unknown physical conditions of an unusual nature differing materially from
those ordinarily encountered and generally recognized as inherent in work of the
character being performed; and
Material differing from what is represented in the Contract which the Contractor
believes may be hazardous waste as defined in California Health & Safety Code
§ 25117 that is required to be removed to a Class 1, 11, 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.
Agreement No. 5714
2. The City has not determined the accuracy or completeness of such information
and all such information is made available to Bidders without any representation
or warranty by the City whatsoever as to its accuracy, completeness, or
relevancy.
3. Bidders will independently evaluate such information for their use and will be
solely responsible for use or interpretation of such information. Any such use 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 REOU1R.EMENTS
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 TRADE NANIESORE OUALS
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.
0 Warranty data.
The Bidder will be notified by the Engineer whether or not the proposed "equal" product
is acceptable to the City five (5) calendar days before the date of the bid opening. Failure
to submit all required documentation and/or submittal of incomplete documents may
result in the City's rejection of the proposed "equal" product without further
consideration.
5-2 PROTECTION
The following subsection is added to Subsection 5-2 of the Greenbook.
5-2.1 INCORRECT LOCATION OF UTILITIES
If the Contractor, while performing the Work, discovers utility facilities not identified
correctly or not shown in the contract plans or specifications by the City, the Contractor
will immediately notify the City and utility owner in writing.
5-4 RELOCATION
The following subsection is added to Subsection 5-4 of the Greenbook.
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Agreement No. 5714
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 WORD
Section 6-1, Construction Schedule and Commencement of Work, is deleted in its
entirety and replaced by the following subsections.
Pre -Construction Meetine,;
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
Agreement No. 5714
fifteen (15) days of award.
6-1.2 CONTENT OF CONTRACT SC14EDl.1LE
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 SCHEDULE,
The Contract Schedule, and any updated Contract Schedules, will represent a practical
plan to complete the Work within the Contract Time. Extension of any schedule beyond
the Contract Time will not be acceptable. Schedules showing the Work completed in less
than the Contract may be acceptable if judged by the Engineer to be practical.
Acceptance of such a schedule by the Engineer will not change the Contract Time. The
Contract Time, not the Contract Schedule, will control in determining liquidated
damages payable by the Contractor and in determining any delay.
If a schedule showing the Work completed in less than the Contract Time is accepted,
the Contractor will not be entitled to extensions of the Contract Time for Excusable
Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable
Delays until such delays extend the completion of the Work beyond the expiration of the
Contract Time.
The Contractor will plan, develop, supervise, control, and coordinate the performance of
the Work so that its progress and the sequence and timing of Work activities conform to
the current accepted Contract Schedule. The Contractor will continuously obtain from
Subcontractors information and data about the planning for and progress of the Work and
the delivery of equipment, will coordinate and integrate such information and data into
updated Contract Schedules, and will monitor the progress of the Work and the delivery
of equipment. The Contractor will act as the expeditor of potential and actual delays,
interruptions, hindrances, or disruptions for its own forces and those forces of
Subcontractors. The Contractor will cooperate with the Engineer in developing the
Contract Schedule and updated Contract Schedules.
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Agreement No. 5714
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 COMME,.NCEMENT OF CONTRAC T 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
Agreement No. 5714
amount due based on Contract Unit Prices or lump sums bid and the quantity and quality
of the work completed and in place at the time of termination, less damages caused to the
City by the Contractor's action or inaction.
In the event of such termination of control, the City may do any one, or combination of,
the following:
1. Serve written notice upon the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract. In such event the Surety
will, within 5 days, assume control and perform the Work as successor to the
Contractor;
2. The City may perform the Work itself and deduct the cost thereof from any
payment due to the Contractor;
3. The City may replace the Contractor with a different contractor to complete the
work and deduct the cost thereof from any payment due to the Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional remedy the City
may have under these Contract Documents or applicable law.
6-4.3 SURETY'S ASSUMPTION OF' CONTROL
Should the Surety assume any part of the Work, it will take the Contractor's place in all
respects for that part, and will be paid by the City for all work performed by it in
accordance with the Contract. If the Surety assumes the entire Contract, all money due
the Contractor at the time of its default will be payable to the Surety as the Work
progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work within 5 days after receiving
notice of cancellation, or fails to continue to comply, the City may exclude the Surety
from the premises. The City may then take possession of all material and equipment and
complete the Work by City's forces, by letting the unfinished work to another contractor,
or by a combination of such methods. In any event, the cost of completing the Work will
be charged against the Contractor and its Surety and may be deducted from any money
due or becoming due from the City. If the sums due under the Contract are insufficient
for completion, the Contractor or Surety will pay to the City within 5 days of completion,
all costs in excess of the sums due.
The provisions of this subsection will be in addition to all other rights and remedies
available to the City under applicable law.
6-6 DELAYS AND EXTENSIONS OFTIME
Subsections 6-6.1 to 6-6.4 are deleted and replaced with the following subsections.
Agreement No. 5714
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, fres,
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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Agreement No. 5714
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 -
Tuesday, January 1, 2019
Martin Luther King, Jr. Day -
Monday, January 21, 2019
President's Day -
Monday, February 18, 2019
Memorial Day -
Monday, May 27, 2019
Independence Day -
Thursday, July 4, 2019
Labor Day -
Monday, September 2, 2019
Veterans' Day -
Monday, November 11, 2019
Thanksgiving -
Thurs-Fri, November 28-29, 2019
Christmas Eve -
Tuesday, December 24, 2019
Christmas -
Wednesday, December 25, 2019
New Year's Eve -
Tuesday, December 31, 2019
New Year's Day -
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 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 HOLIDAY WORK
The Engineer may, but is not required to, allow the Contractor to work on Saturdays,
Sundays and City Holidays.
6-8 COMPLETION AND ACCEPTANCE
Subsection 6-8 is deleted in its entirety and replaced by the following:
The Work will be inspected by the Engineer for acceptance upon the Engineer receiving
the Contractor's written assertion that the Work is complete.
If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the
Engineer will accept the Work on behalf of the City in the manner prescribed by the
City. The Engineer will recommend approval of the Notice of Completion to the City
Council. This will be the date when the Contractor is relieved from responsibility to
protect the Work.
All work will be guaranteed by the Contractor against defective workmanship and
materials furnished by the Contractor for a period of 1 year from the date the Work was
completed. The Contractor will replace or repair any such defective work in a manner
satisfactory to the Engineer, after notice to do so from the Engineer, and within the time
specified in the notice. If the Contractor fails to make such replacement or repairs within
the time specified in the notice, the City may perform this work and the Contractor's
sureties will be liable for the cost thereof.
6-8.1 GENERAL GUARANTY
The Contractor will remedy any defects in the work and pay for any damage to other
work resulting therefrom, which will appear within a period of one year from the date of
final acceptance of the work unless a longer period is specified. The owner will give
notice of observed defects with reasonable promptness.
6-9 LIQUIDATED 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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Agreement No. 5714
the sum specified in the Proposal for each and every calendar day beyond the time
prescribed to complete the work not as a penalty, but as a predetermined liquidated
damage. The Contractor agrees to pay such liquidated damages as are herein provided,
and in case the same are not paid, agrees that the City may deduct the amount thereof
from any money due or that may become due to the Contractor under the contract.
Unless otherwise specified, liquidated damages will be $250 per calendar day.
6-11 DISPUTES AND CLAIMS, PROCEDURE
6-11.1 GENERAL
Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the
Contractor that seeks an adjustment or interpretation of the terms of the Contract
Documents, payment of money, extension of time, or other relief with respect to the
Contract Documents, including a determination of disputes or matters in question
between the City and the Contractor arising out of or related to the Contract Documents
or the performance of the Work, and claims alleging an unforeseen condition or an act,
error, or omission by the City, the Engineer, their agents or employees. "Claim" does not
mean, and the Claims procedures herein do not apply, to the following:
I . Claims respecting penalties for forfeitures prescribed by statute or regulations,
which a government agency is specifically authorized to administer, settle, or
determine.
2. Claims respecting personal injury, death, reimbursement, or other compensation
arising out of or resulting from liability for personal injury or 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:
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.
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Agreement No. 5714
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.
8. A personal certification from the Contractor that reads as follows:
1, , 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
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Agreement No. 5714
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 SUBMITT1m D TO ENGINEER
Within (30) calendar days after the circumstances giving rise to a Claim occur, the
Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim
submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer,
the Contractor will not cause any delay, cessation, or termination of the Work, but will
diligently proceed with the performing the Work in accordance with the Contract
Documents. Except as otherwise provided, the City will continue to make payments in
accordance with the Contract Documents.
6-11.4 CLAIM IS PREREOUISITE "T'O OTHER REMEDY
The Contractor certifies that it is familiar with PCC § 10240.2 and understands and
agrees that submitting a Claim in accordance with these Specifications is an express
condition precedent to the Contractor's right to otherwise pursue a claim whether
through alternative dispute resolution or by litigation. Should the Contractor fail to
submit a claim in accordance with these Specifications, including the time limits set forth
herein, it will waive any right to a remedy, whether in law or equity, it might otherwise
have pursuant to the Contract Documents or applicable law.
6-11.5 DECISION'ON CLAIMS
The Engineer will promptly review Claims submitted by the Contractor in accordance
with these Specifications. Should the Engineer require additional supporting evidence to
evaluate the claim, the Engineer will request such additional information in writing. Any
such requested data will be furnished not later than 10 calendar days after the Contractor
receives the Engineer's request.
The Engineer will render a decision not later than 30 days after either receiving the
Claim or the deadline for furnishing additional supporting data, whichever is later. If the
Engineer fails to render a decision within the time period established herein, then the
Claim will be deemed denied. The Engineer's decision will be final and binding unless
appealed in accordance with these Specifications.
The Engineer's decision on a Claim will include a statement substantially as follows:
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"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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6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING
The decision rendered by the arbitrator will become binding upon the parties unless
appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within
30 calendar days of the decision. If subsequent litigation results in an award to the party
appealing the arbitration that is less than or equal to that of the arbitration decision, or if
the litigation results in a decision in favor of the nonappealing party, then the party
appealing the arbitration will pay the nonappealing party's attorney's fees and court
costs.
6-11.10 -APPEAL'I`Q SUPERIOR COURT: WAIVER OF JURY TRIAL
Should a party timely object to the arbitration decision, it may file a petition with the Los
Angeles County Superior Court in accordance with California Code of Civil Procedure
("CCP") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the
court may vacate, correct, or adjust an arbitration award, and enter judgment in
accordance with CCP § 1287.4, for any legal or equitable basis including, without
limitation, error of law. The court will apply the substantial evidence standard of review
when considering the appeal of an objecting party.
BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR
AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE
CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE
CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT
OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION
6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A
JURY TRIAL FOR THESE DISPUTES OR ISSUES.
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.
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Agreement No. 5714
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.
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7-2.4 RECORD OF WAGES LAID. 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
ISO FORM
Comprehensive General Liability CL 00 02 0185 or 88
Business Auto CA 00 0101 87
Workers' Compensation
COMBINE
D
SINGLE
LIMIT
$2,000,000
$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
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Agreement No. 5714
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
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Agreement No. 5714
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 2010 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).
1
7-3.2 INDEMNIFI("ATION AND DEFENSF!".
In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and
Agreement No. 5714
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 of the work covered by the contract, regardless of responsibility for negligence, to
the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in
this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require
defense or indemnification for death, bodily injury, injury to property, or any other loss,
damage or expense arising from the sole negligence or willful misconduct of the City, or
its agents, servants or independent contractors who are directly responsible to the City,
or for defects in design furnished by such persons. Moreover, nothing in this Subsection
7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City
from, liability for active negligence of the City.
The City does not, and will not, waive any rights against the Contractor which it may
have by reason of the aforesaid hold harmless agreements because of the acceptance by
the City, or deposit with City by Contractor, of any insurance policies described in
Subsection 7-3 of the Special Provisions. This hold harmless agreement by the
Contractor will apply to all damages and claims for damages of every kind suffered, or
alleged to have been suffered by reasons of any of the aforesaid operations of Contractor,
or any subcontractor, regardless of whether or not such insurance policies are determined
to be applicable to any of such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans, in
releasing any bond, in inspecting or accepting any work, or of any other nature, will 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.
Agreement No. 5714
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 -
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Agreement No. 5714
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 PRoTEC`I'ION 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.
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Agreement No. 5714
7-10.1 TRF41C 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 STI)EET' CLOSi iltE'S, 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.
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Agreement No. 5714
7-10.5 PROTECTION OF T1 --IE PUBLIC:
It is part of the service required of the Contractor to make whatever provisions are
necessary to protect the public. The Contractor will use foresight and will take such steps
and precautions as his operations warrant to protect the public from danger, loss of life or
loss of property, which would result from interruption or contamination of public water
supply, interruption of other public service, or from the failure of partly completed work
or partially removed facilities. Unusual conditions may arise on the Project which will
require that immediate and unusual provisions be made to protect the public from danger
or loss of life, or damage to life and property, due directly or indirectly to prosecution of
work under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the
Contractor has not taken sufficient precaution for the public safety, protection of utilities
and protection of adjacent structures or property, which may be damaged by the
Contractor's operations and when, in the opinion of the Engineer, immediate action will
be considered necessary in order to protect the public or property due to the Contractor's
operations under this contract, the Engineer will order the Contractor to provide a
remedy for the unsafe condition. If the Contractor fails to act on the situation
immediately, the Engineer may provide suitable protection to said interests by causing
such work to be done and material to be furnished as, in the opinion of the Engineer, may
seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense of
such repairs as are deemed necessary, will be borne by the Contractor. All expenses
incurred by the City for emergency repairs will be deducted from the progress payments
and the final payment due to the Contractor. Such remedial measures by the City will not
relieve the Contractor from full responsibility for public safety.
7-15 HAZARDOUS MATERIAL
The following Subsection will be added to Section 7 of the Greenbook:
For any excavation, which extends more than four feet below existing grade, the
Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in
writing, of 1) any material that the Contractor believes may be hazardous waste, as
defined in Health and Safety Code § 25117, which is required to be removed to a Class I,
Class 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,
Agreement No. 5714
the procedures for procuring change orders and filing claims) will be specified by the
provisions of Subsection 3-4 (Changed Conditions) of the Greenbook.
If a dispute arises between the City and the Contractor whether the conditions materially
differ, involve hazardous waste, or cause a change in the Contractor's cost or time
required for performance of the work, the Contractor will not be excused from any
scheduled completion date provided for by the contract, but will proceed with all work to
be performed under the contract. The Contractor will retain all rights provided by
Subsection 3-5, Disputed Work, of the Greenbook.
If the Engineer determines that material called to the Engineer's attention by the
Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of
hazardous waste, the Contractor will be responsible for removal and disposal of the
hazardous waste by qualified personnel and appropriate equipment in the manner
required by law as directed by the Engineer, subject to the provisions of Section 3
(Changes in Work) of the Greenbook.
9-2 LUMP SUM WORK
Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and
replaced by the following:
Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for
at the price indicated in the: Proposal. Such payment will be full compensation for all
costs for labor, equipment, materials and plant necessary to furnish, construct and install
the lump sum item of work, complete, in place, and for all necessary appurtenant work,
including, but not limited to, all necessary cutting, patching, repair and modification of
existing facilities, and clean up of site.
Contractor will furnish three copies of a detailed schedule, which breaks down the lump
sum work into its component parts and cost for each part, in a form and sufficiently
detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of
the lump sum. This schedule is subject to approval by Engineer as to both the
components into which the lump sum item is broken down, and the proportion of cost
attributable to each component.
This schedule will be the basis for progress payments for the lump sum work.
9-3.2 PARTIAL AND FINAL PAYMENTS
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
Agreement No. 5714
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
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Agreement No. 5714
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 DELIVERER 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 -
[1-B-34
Agreement No. 5714
SECTION III — SPECIAL PROVISIONS
1. GENERAL
1.1 GENERAL SCOPE OF WORK
The work to be done consists of furnishing all plant, labor, materials and services
necessary for the slurry seal activities on roadways, streets and parking lot areas,
including but not limited to:
A. Traffic Control
B. Surface Preparation
1. Weed treatment/removal
2. Cracksealing
3. Asphalt patch repairs
4. Complete removal of reflective markers and striping using sandblasting
or other mechanical methods
5. Street surface cleaning
6. Protect existing manhole, valve covers, local depressions, and concrete
gutters in place.
B. Slurry seal installation
C. Striping and pavement marker installation
D. Slurry seal patching
E. Street sweeping as necessary
All mobilizations to complete the project shall be included in the bid price for
mobilization.
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.
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Agreement No. 5714
1.3 LOCATION OF WORK
See Appendix for a map of the various project streets and alleys that are east of
Sheldon Street, north of E. Franklin Avenue, and south of E. Mariposa Avenue.
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.
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 2 (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.
School -related striping and pavement markers shall be installed prior to all other
striping.
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, Lifan Xu, City Engineer 310-524-2368
shutdown of work, Floriza Rivera, Project Manager 310-524-2361
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
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Agreement No. 5714
** The Contractor will notify the Engineering Division before notifying these offices.
The following information is provided for Contractor's use to notify agencies if their facilities
are affected by Contractor's work:
1.7
1.8
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
4. Southern California Gas Company
5. Southern California Edison Company (SCE)
6. Pacific Bell
7. Time Warner Communication (Cable)
8. Los Angeles County Sanitation District
9. EI Segundo Unified School District
MOBILIZATION
310-524-2707
310-671-9002
310-417-3366
310-515-4430
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.
m. Demobilization
INSPECTION
Section 4-1.3 on page II -B-9 of these Specifications is supplemented by the following
additional requirements:
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Agreement No. 5714
1. On all questions relating to quantities, the acceptability of material, or work, the
execution, progress or sequence of work, and the interpretation of specifications or
plans, the decision of the Engineer or City Inspector is final and binding, and shall
be precedent to any payment under the contract.
2. All work and materials are subject to inspection and approval of the Engineer or
City Inspector.
3. Legible copies of material/weight certification shall be turned over to the City
Inspector on a daily basis.
4. Inspection of the work shall not relieve the Contractor of the obligations to fulfill
all conditions of the contract.
1.9 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.
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 slurry seal 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 any change for a particular street,
i.e. the street will not be slurried 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
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Agreement No. 5714
the City for approval. Based on the construction schedule, the Contractor will notify
residents and businesses of the proposed work (as discussed in Section 1.9 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
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
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Agreement No. 5714
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.
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
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
III -A-6
Agreement No. 5714
effective combination of BMPs, such as limiting grading scheduled during the
wet season; inspecting graded areas during rain events; planting and maintenance
of vegetation on slopes; and covering erosion susceptible slopes.
The selection, submittal, and adherence to BMPs are the responsibility of the
Contractor. The selected BMPs must be submitted to and approved by City prior to
performing any operation under this contract which will disturb or expose soil,
including, but not limited to: excavation, grading, demolition, clearing and grubbing,
pavement removal, etc.
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) if the construction activity is part of a larger common plan
of development that encompasses one or more acres of soil disturbance or if there is
significant water quality impairment resulting from the activity.
If it is determined that the entire site consists of one acre or greater, the Contractor
must file a Notice of Intent (NOI) with the State to comply with the terms of the
General Permit, and must provide proof of a Waste Discharge Identification (WDID)
Number to the City prior to the issuance of a grading permit. The preparation,
submittal and adherence to all NOIs, Storm Water Pollution Prevention Plans
(SWPPPs), Wet Weather Erosion Control Plans (WWECPs), and Contractor Self -
Inspection Forms are the responsibility of Contractor.
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
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.
[[[-A-7
Agreement No. 5714
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 I 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 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.
1.18 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.
III -A-8
Agreement No. 5714
1.19 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.
1.20 QUALITY ASSURANCE
Contractors shall exercise due care to assure procurement, storage and placement of
materials from the site or offsite sources will comply with the requirements,
specifications and standards set out herein. Contractor may, at his discretion, have
such tests and inspections as he may desire performed by qualified personnel or
independent testing services, for his guidance and control of the work.
If required, the contractor shall provide and pay for inspection and testing by
independent testing service selected by the Contractor and approved by the Engineer.
Costs for all such inspections and tests will be paid by the Contractor. The Contractor
shall bear the cost of retest and re -inspection of work redone due to non-compliance.
2.0 PAVING ACTIVITIES
2.1 MATERIALS
Section 203-5 of the Standard Specifications is supplemented by the following:
2.1.1 Mix Design
A. At least seven (7) working days before slurry seal placement commences, the
Contractor shall submit to the Engineer for approval a laboratory report of tests
proposed mix design covering the specific materials to be used on the project.
B. The slurry mix design shall be Type II-PMCQS-lh-EAS.
C. The laboratory report shall be signed by the laboratory that performed the tests and
mix design. The report shall show the results of the tests on individual materials,
comparing the test results to those required by the specifications. The report shall
clearly show the proportions of aggregate, filler (as determined from the tests,
minimum and maximum), water (minimum and maximum), asphalt solids content
based on the dry weight of aggregate and set -control agent usage. Previous
laboratory reports covering the same materials may be accepted provided they are
made during the same calendar year.
III -A-9
Agreement No. 5714
2.1.2 Emulsified Asphalt
Emulsified Asphalt shall be PMCQS-Ih
2.1.3 Aggregate
Aggregate shall consist of sound, durable, crushed stone or crushed gravel approved
mineral filler. The material shall be free from vegetable matter and other deleterious
substances. Aggregates shall be 100% crushed material conforming to 200-1.1, 200-1.2
and 203-5.4.2.1
2.1.4 Water
Water will be supplied to Contractor from fire hydrants as specified on Page II -A-1 of
these specifications.
The Contractor shall contact Water Division for rates for the following:
a. I" meter set-up
b. 3" Temporary Meter Refundable Deposit
C. For each meter move
d. Readiness to serve 3"
2.2 APPLICATION
Section 302-4 of the Standard Specifications is supplemented by the following:
2.2.1 Preparation
The Contractor shall remove all vegetation and any raised pavement markers within
the area to be sealed. Immediately before the application of slurry, the pavement
surfaces shall be cleaned by Contractor. All vegetation shall be sprayed with a weed
killer by the Contractor. The weed killer shall contain a colored dye and be sprayed at
least seven days prior to the slurrying of streets. If the weeds are not entirely brown
and dead two days before the street's scheduled slurry seal application, then the street
shall be sprayed again and rescheduled for slurry seal application on another day.
Prior to application of slurry seal, cracks 1/4" or wider on project streets shall be routed
clean and free from all dirt, debris, and vegetation by mechanical means. All routed
material, vegetation, and foreign debris shall be blown and/or removed from the
cracks. All cracks shall be free from moisture and shall be sprayed with weed killer.
Cracks shall then be filled using Crafco materials or approved equal.
The routed and cleaned cracks shall be filled with the specified sealant from the bottom
up to the surface in such a manner that does not result in sealant bridging or entrapped
air pockets. With larger cracks, settlement and temperature shrinkage may occur, thus
requiring a second application to bring the material up to the surface. Immediately after
material installation, the material shall be squeegeed as level as possible. Poorly
111-A-10
Agreement No. 5714
squeegeed material and crack filled material that separates from the crack shall be
rejected. Because of the nature of the material, there may be a variance above or below
the pavement level.
A power sweeper shall be used on a daily basis if necessary to sweep up all excess
material and debris created by the routing and blowing process. The Contractor shall
prevent the crack seal materials from being deposited on all existing facilities and/or
improvements and shall remove any splattering or spillage.
Any damage to the uncured crack seal materials shall be the responsibility of the
Contractor. The Contractor shall have a sufficient number of men on the job at all
times to properly protect the freshly laid material and to correct any irregularities
resulting from spillage, unsatisfactory materials, or any other inconsistency as the work
progresses. All discrepancies encountered in the application of crack seal materials
shall be immediately corrected to the satisfaction of the Engineer.
A power sweeper shall be used on a daily basis if necessary to sweep up all excess
material and debris created by the routing and blowing process. The Contractor shall
prevent the crack seal materials from being deposited on all existing facilities and/or
improvements and shall remove any splattering or spillage.
Completely clean the street surface to be slurry sealed of all loose material, grease and
oil spots, silt spots, vegetation and other objectionable material that would prevent the
slurry seal from adhering to it.
All manholes, utility covers and valve box covers within the area to be sealed shall
first be protected by covers, or oiled and cleaned to the satisfaction of the City
Inspector after final application of the slurry seal. All concrete surfaces to be joined by
the slurry seal with exception of parallel curb and gutter shall be covered with tar paper
or other City -approved material.
Raised SmartCovers on top of sewer manholes shall be adequately protected in place.
Any damaged or missing SmartCovers shall be replaced with the SmartCovers at no
additional cost to the City, and to the satisfaction of the City's Representative.
The sites for stock piling and batching materials shall be clean and free from
objectionable material. Arrangements for these sites shall be the responsibility of the
Contractor. No equipment or vehicles shall be left on City streets overnight. Best
Management Practices shall be followed when stockpiling to ensure that no foreign
material will enter the storm drain system as a result of construction.
The Contractor shall mark the curb with chalk (not paint) adjacent to each water valve
cover prior to slurry seal application. All utility manholes and valves must be
temporarily covered. Immediately after slurry seal operations, the Contractor shall
loosen and clean all utility covers so that they are visible for access, and loosen and
clean all valve box covers.
111-A-11
Agreement No. 5714
2.2.2 Weather Limitations
The slurry mixture shall not be applied if there is a chance of rain before it can be
cured properly. Street surfaces must be dry at least 3 days prior to slurry seal
application.
2.3.3 Spreading
In restricted areas where hand spreading is necessary, the slurry mixture shall be
poured into a small window along one edge of the surface to be covered. The mixture
then shall be spread uniformly by a hand squeegee.
2.2.4 Joints
A. In places where adjoining streets are not to be slurried, the beginning and end of
slurry shall be straight -edged with 151b. asphalt felt at curb line of the adjoining
streets to give a neat finished edge.
B. No excessive build-up or unsightly appearance shall be permitted on longitudinal
or transverse joints.
2.2.5 Corrective Work
Slurry sealed areas which have been improperly prepared, are not uniform in color,
have been improperly sealed, or have failed for any other reason prior to final
acceptance shall be removed and redone at Contractor's expense to the satisfaction of
the Engineer. Slurry seal deposited on other than asphalt concrete surfaces shall be
cleaned to the satisfaction of the City.
2.2.6 Weight Tickets
Weight tickets of the dry aggregate used shall be given to the Public Works Inspector
daily.
2.3 STRIPING AND MARKINGS, PAVEMENT MARKERS
A. The Contractor prior to start of work shall make an accurate inventory of existing
lane striping, crosswalks and pavement markings.
B. The Contractor shall grind off all existing thermoplastic pavement markings before
applying slurry seal.
C. Raised pavement markers shall be removed, their locations noted, and shall be
replaced after the slurry sealing. Any damaged markers shall be replaced with new
matching markers at no additional cost to the City. Any missing markers shall also
be replaced at no additional cost to the City.
D. The application of slurry tabs are required for all lane line and stop bar locations.
There must be (one) slurry tab each skip line and a minimum of (four) slurry tabs
per each stop bar. The slurry tabs on skip line and stop bars must be white with no
slurry seal on the tab. The Contractor shall install and maintain temporary lane
III -A-12
Agreement No. 5714
lines using 4" tabs until permanent striping is installed.
E. The Contractor shall replace all existing street striping, including centerlines, lane
lines, left turn pockets, stop bars, legends, crosswalks, parking stall striping to
match existing.
F. The Application of Thermoplastic, Thermoplastic Pavement Markings, words,
arrows, crosswalks and limit lines, shall be in accordance with Caltrans Standard
Plan Nos. A24A through A24G.
G. The Contractor shall place thermoplastic striping and markings between seven (7)
and fourteen (14) calendar days after applying slurry seal.
H. All striping on the streets immediately adjacent to a school as well as pedestrian
crosswalks, STOP bars and limit lines on the streets within two blocks of a school
must be re -installed within two (2) weeks of slurry seal installation.
I. All striping for parking areas on project streets must be re -installed within two (2)
weeks of paving.
J. Pavement markers that are damaged during the course of construction shall be
replaced at no additional cost to the City.
K. All slurry tabs on the project streets shall be completely removed by the Contractor
once the street has been re -striped.
Striping replacement shall be prioritized to be completed first in areas where safety is a
higher concern (i.e. near schools or major intersections) and at the direction of the City
Engineer.
3.4 BASIS OF PAYME NT
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.
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.
Bid item W. Mobilization/Demobilization including 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.
III -A-13
Agreement No. 5714
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 underpay 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.
Bill Item 2, Sln rry Seal ' vUL
The contract unit price shall include full compensation for all labor, equipment, tools,
materials and incidentals needed for existing pavement preparation, dust control, street
sweeping, and application of Type II slurry seal. Applicable work days shall be
Mondays through Fridays from lam to 4pm.
Payment for this item will be made on a units -completed basis of the unit price named
in the Bid Schedule.
Bid Items 3, 4.5.6. and 7 Completely remove striving and pavement markings,,
installation of thermoolastic striping and pavement markers
This contract unit price shall include full compensation for all labor, equipment, tools,
materials and incidentals needed for removal of existing striping and any pavement
markers (including blue fire hydrant markers) before the application of slurry seal and
installation of new thermoplastic striping and any pavement markers after slurry seal
application.
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 48, 2 -inch deep asphalt rep
The contract unit price shall include full compensation for all labor, equipment, tools,
materials and incidentals needed for 2 -inch -deep street patching prior to slurry seal
application. The Contractor is advised to inspect the site to see where areas shall be
removed and replaced. Each location must be discussed with City Engineer for
approval prior to any work to commence. No additional compensation shall be allowed
for extra asphalt repair work unless previous authorization is received by the
Contractor from the City Engineer. The Contractor shall sweep the roadway clean
111-A-14
Agreement No. 5714
around the repair area before commencing any paving work. Asphalt repairs shall take
place prior to overlay activities and traffic control shall be per this specifications.
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-15
Agreement No. 5714
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